[Congressional Record Volume 168, Number 119 (Tuesday, July 19, 2022)]
[House]
[Pages H6733-H6859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
general leave
Ms. DeLAURO. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 8294.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Connecticut?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 1232 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 8294.
The Chair appoints the gentlewoman from North Carolina (Ms. Manning)
to preside over the Committee of the Whole.
{time} 1329
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 8294) making appropriations for the Departments of
Transportation, and Housing and Urban Development, and Related Agencies
for the fiscal year ending September 30, 2023, and for other purposes,
with Ms. Manning in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and shall not exceed 1
hour equally divided and controlled by the chair and ranking minority
member of the Committee on Appropriations or their respective
designees.
The gentlewoman from Connecticut (Ms. DeLauro) and the gentlewoman
from Texas (Ms. Granger) each will control 30 minutes.
The Chair recognizes the gentlewoman from Connecticut.
{time} 1330
Ms. DeLAURO. Madam Chair, I yield myself such time as I may consume.
Over this last year, Congress began to restore our investments after
the years of disinvestment that working families, the middle class, and
vulnerable people believe was wrong. Spending has favored the biggest
corporations and special interests, which got heard first in
Washington. But hardworking Americans are still paying high taxes and
have not seen a pay increase in years.
The spike in the cost of living, gas prices, and rent are blows to so
many. That has guided our priorities, and it has guided these bills.
In the Appropriations Committee, we were determined to put together
bills that ensure we offset the rise in prices produced by blocked
supply chains, the greed of oil companies, and the Russian invasion of
Ukraine.
H.R. 8294, the package of the six 2023 appropriations bills before
us, provides the critical funding America needs. Instead of catering to
big corporations and the wealthy, we uphold our commitment with this
legislation that helps lower the cost of living, creates American jobs,
gives working families a better shot, and supports small businesses. As
we do so, we tackle our Nation's and the world's toughest crises.
We reach some of our most vulnerable Americans by funding the
programs that keep roofs over the heads of millions and keep food on
the tables of millions more. We strengthen nutrition assistance through
WIC, food stamps, and child nutrition programs like school meals. We
increase access to affordable housing with rental assistance programs
and improve the safety and living conditions of those in public
housing. We also expand opportunities for families with support for
homeownership programs.
These bills help invigorate rural communities as we expand broadband,
strengthen water programs in rural areas, and invest in single-family
home loans.
We support Native Americans and honor the Federal Government's
responsibilities to Native families by investing in strong and
resilient Tribal communities, including through housing, education, and
healthcare programs.
We also transform the ways we meet the needs of our veterans, who
deserve and who have earned our support, including the 9.2 million
veterans who rely on the VA for their healthcare, by increasing funding
for medical programs. For the first time ever, we put VA medical care
into its own funding category so that funding for veterans does not
have to compete with other critical programs.
Supporting those who protect us also means protecting servicemembers
and their families and communities all over our Nation. We invest in
our national security and improve our military readiness through robust
investments in critical military installations at home and abroad and
in the well-being of our servicemembers and their families.
At the same time, we also make our communities safer by supporting
victims while fighting crime, violence, and corruption.
This package strengthens our capacity to work for all Americans. We
ensure the IRS has the resources to crack down on big corporations and
the wealthy who do not pay their fair share and provide better customer
service to families navigating the tax system. We protect consumers
with more funding for critical consumer protection agencies by
strengthening our food safety
[[Page H6734]]
infrastructure, including oversight of the baby formula industry.
We do this while bolstering economic development in distressed
communities and strengthening our economy and our economic growth by
supporting small businesses and entrepreneurs as they pursue the
American Dream. We create jobs and put Americans to work rebuilding our
infrastructure. We help small businesses grow and thrive, foster the
green energy jobs of tomorrow, and support a skilled and growing
workforce.
We confront the existential threat of climate change and strengthen
our resiliency on various fronts, including by investing in cleaner,
safer, and more affordable American energy, advancing climate science,
conserving our land and water, expanding environmental enforcement, and
embracing stronger environmental justice efforts.
Finally, with inclusion of nearly 2,700 community project funding
requests totaling over $6 billion, we are directly meeting the needs of
Americans everywhere in ways that will have a profound and lasting
impact.
When taken together, this package meets the moment at a time when so
many want to see critical changes in our priorities. It reaches every
corner of our Nation to give hardworking Americans, the middle class,
and the vulnerable a better shot. I urge my colleagues to support these
bills.
I thank the subcommittee staff, led by our clerks, for all of their
work: Christina Monroe with the Transportation, and Housing and Urban
Development, and Related Agencies Subcommittee; Martha Foley with the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Subcommittee; Scott McKee with the Energy and Water
Development, and Related Agencies Subcommittee; Matt Smith with
Financial Services and General Government Subcommittee; Rita Culp with
the Interior, Environment, and Related Agencies Subcommittee; and Jenny
Neuscheler with the Military Construction, Veterans Affairs, and
Related Agencies Subcommittee.
I also thank all the subcommittee chairs and ranking members for
their efforts and their dedication to these efforts. Interior,
Environment, and Related Agencies Subcommittee Chair Pingree is not
here today, but I specifically thank her for her work. This bill makes
transformative investments in our environment, and this is in large
part because of her relentless advocacy.
Madam Chair, I urge support for the bill, and I reserve the balance
of my time.
Ms. GRANGER. Madam Chair, I yield myself such time as I may consume.
Madam Chair, I rise today in opposition to H.R. 8294, a package of
six appropriations bills.
As we sit here today, inflation is 9.1 percent above last year, the
highest it has been in more than 40 years. Economists recommend that
American households budget an extra $5,000 this year to cover rising
prices. That is over $400 a month. Many families simply can't afford
this.
Under this administration, prices of everyday goods are skyrocketing.
For example, gas prices hit an unprecedented $5 a gallon; energy
services, like electricity and natural gas, are up 19 percent; and
groceries have increased over 12 percent, the highest jump since 1979.
Americans are paying more for just about everything. The social
spending pushed by Members on the other side of the aisle is a key
driver of today's inflation. Simply put, record-high spending by the
government means record-high prices for the American people.
Unfortunately, the bills before us do not reduce spending or reflect
the economic realities we face.
Many of these bills receive double-digit percentage increases,
including a 70 percent increase for Financial Services and General
Government, an 18 percent increase for Interior-Environment, and a 12.2
percent increase for Transportation-Housing and Urban Development.
At a time when Americans are struggling to pay for gas and groceries,
the Federal Government should be reducing spending. We should
prioritize core responsibilities, such as our national security, and we
must cut extravagant social programs.
In addition to my concerns about funding levels, the policies
proposed in these bills do not reflect a bipartisan agreement. In
particular, the bills before us today drop longstanding pro-life
protections that prevent taxpayer funding for abortions. The bills
allow for the closure and transfer of dangerous criminals from
Guantanamo Bay to the United States and worsen our Nation's energy
crisis.
Just a few months ago, we were able to come to an agreement and enact
the fiscal year 2022 appropriations bills. Those bills continued
longstanding policies supported in the past by Members of both parties
and drop new controversial provisions. I hope we will be able to do the
same this year so that those bills can get to the President's desk and
be signed into law.
Madam Chair, I urge a ``no'' vote, and I reserve the balance of my
time.
Ms. DeLAURO. Madam Chair, I yield 4 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the chairwoman of the Subcommittee on Energy and
Water Development, and Related Agencies.
Ms. KAPTUR. Madam Chair, I thank Chair DeLauro very much for her
indefatigable leadership of this committee in service to the American
people. I also thank Ranking Member Granger, as well as the dedicated
staff. Special plaudits to Ranking Member Simpson, a hardworking,
serious Member of Congress who devotes his considerable talents to real
challenges facing our Nation.
Our 2023 Energy and Water bill takes a significant step forward to
secure American energy independence, rebuild critical infrastructure,
foster scientific innovation, and sustain life on our corner of Mother
Earth.
We meet at a time when Lake Mead, once the largest water reservoir in
the United States, is now at record-low levels due to a punishing
Western drought across seven States that is sucking the Colorado River
dry. London, England, has experienced its hottest day at 104 degrees,
and forest fires are raging now across Europe and in our Nation, as
well.
Madam Chair, 6,600 wildland firefighters and support personnel are
containing 85 large fires and complexes that have already burned over 3
million acres in 13 of our States. Fourteen new large fires have been
reported, seven in Texas, two in Alaska, two in Washington, and one
each in Arizona, California, and Idaho.
In addition, Putin's unjust war against Ukraine crystalizes how
essential having a comprehensive energy independence strategy is for
our Nation, for our economy, and surely for our security.
America has been making great progress since the Department of Energy
was established in 1977, but we are not at home plate in energy
independence. With this bill, we are rounding second base and running
hard toward third on our way to home plate. We are diversifying across
many energy sectors that hold promise and are climate-friendly:
advanced nuclear, hydrogen, solar, and wind, but also thermal heat
recapture, conservation, and so much more.
In traditional sectors since 2010, oil production has doubled, and
natural gas production is about 60 percent higher. But, of course,
those supplies are finite. We must advance to infinite energy sources
for the long haul of our country and world.
Our bill invests over $56 billion for America's energy and water
priorities while supporting good-paying jobs across the country. Key
investments include $48.2 billion for the Department of Energy, $3.3
billion above enacted. Within the Department of Energy, as our citizens
experience water shortages, wildfires, and fiercer weather events,
energy efficiency and renewable energy receive record funding of $4
billion--yes, an $800 million increase above enacted. We live in
unusual times.
That includes a new office of State and community energy programs
that receives $562 million to increase energy affordability at a time
of inflation and transform our energy economy by working more
cooperatively with State, local, and community-level partners.
ARPA-E receives $550 million, $100 million above enacted, to
literally invent a new energy future for this country.
The Office of Science receives $8 billion, $525 million above
enacted, which
[[Page H6735]]
is so vital to America's energy innovation and research in the physical
sciences.
The new Defense Production Act Domestic Clean Energy Accelerator
receives $100 million to expand domestic manufacturing and help America
lead in solar and other clean energy industries that are being hacked
every day by, frankly, our political enemies.
We responsibly fund our nuclear deterrent while increasing funding
for nonproliferation programs.
The bill provides nearly $11 billion, $2.8 billion above the budget
request, to rebuild our water infrastructure and respond to the severe
Western drought.
The CHAIR. The time of the gentlewoman has expired.
Ms. DeLAURO. Madam Chair, I yield an additional 1 minute to the
gentlewoman from Ohio.
{time} 1345
These investments in the Army Corps of Engineers and Bureau of
Reclamation are critical to protecting and supplying communities in
every district of our Nation.
Our bill increases funding for regional commissions which promote
economic development in economically challenged regions and distressed
counties across our country. Our bill will strengthen the foundational
components that underpin every aspect of decent life in our Nation and
represents a strategic investment in America's future, without
question.
Madam Chair, I thank the staff who worked tirelessly to put this bill
together: Scott McKee, Brian Smith, Will Ostertag, Daniela Todesco,
Eric Lipka, John Howes, and Angie Giancarlo.
Ms. GRANGER. Madam Chair, I yield 5 minutes to the gentleman from
Idaho (Mr. Simpson), the ranking member of Energy and Water
Development, and Related Agencies Subcommittee.
Mr. SIMPSON. Madam Chair, I thank the gentlewoman for yielding time.
Madam Chair, I rise today in opposition to H.R. 8294, the six-bill
fiscal year 2023 appropriations package that includes the Energy and
Water Development appropriations bill.
Unfortunately, these bills are based on funding levels that passed
the House without any Republican support--zero Republican support. Like
the President's budget request, the majority's Energy and Water bill
overfunds certain nondefense programs and shortchanges our national
security needs.
For example, the bill before us is below the budget request for
weapons activities and naval reactors--a budget request that many of us
considered insufficient to address the current global threats.
We must uphold our Nation's strong nuclear deterrence posture, and to
do that, we must adequately fund the activities necessary to maintain a
safe, reliable, and effective stockpile. Yet, the bill before us cuts
some of these programs below last year, below the budget request, and
leaves other items completely out.
On the other hand, the bill increases energy efficiency and renewable
energy activities by more than 25 percent over last year's--and that is
on top of the tens of billions--I repeat--tens of billions of dollars
in the infrastructure bill programs that are in the early stages of
implementation.
The bill includes funding for the President's proposal to use the
Defense Production Act for nonemergency issues. For instance, even the
Department of Energy has indicated that there is no supply shortage of
insulation. Yet, the administration is claiming it is such an emergency
that it justifies use of the Defense Production Act.
With inflation at the highest levels in 40 years, we need to be more
judicious about how much and where we allocate our discretionary
appropriations.
While Republicans have concerns with the overall direction of this
bill, I would note there are also programs that, if considered
individually, House Republicans could support. For example, strong
support for the Army Corps of Engineers including specific Community
Project Funding and additional programmatic funding that has long been
a bipartisan priority.
Of great importance to me, of course, is the Department of Energy's
Nuclear Energy program. I appreciate that the bill continues support
for:
Work on microreactors, including the MARVEL program.
Work to ensure a supply of high-assay low-enriched uranium, which
will be necessary for many of the next generation of reactors.
The Advanced Reactors Demonstration Program; and
The national laboratories infrastructure necessary to enable these
other activities to succeed.
I would like to work with my colleagues as we move the bill forward
to better support the Advanced Small Modular Reactors demonstration
program.
The NuScale SMR is the first ever NRC-approved SMR design, and we
need to ensure this demonstration succeeds.
Madam Chair, before I yield back, I would acknowledge Energy and
Water Development and Related Agencies Chairwoman Kaptur's continued
commitment to addressing individual Member priorities on both sides of
the aisle. I thank the chair for that consideration, and she has been a
pleasure to work with across the aisle.
I also thank the staff for their hard work over the past several
months, particularly Scott, Brian, Will, Daniela, and Jaime of the
majority staff; Angie and Austin of the minority staff; and Sarah in my
personal staff.
Finally, I thank Chairwoman DeLauro and Ranking Member Granger of the
full committee for their leadership and support of the important
programs in this bill and doing the appropriations process in regular
order.
Ms. DeLAURO. Madam Chair, I yield myself such time as I may consume.
Before I yield to the gentleman from North Carolina, I would say that
Chairman Price, this will be the last time he brings an appropriations
bill to the floor of the House of Representatives. I think I speak for
all of us when I say that his honesty, his integrity, his commitment to
the legislative process and making it work for the people, not only in
his district but all over the United States, is really pretty
extraordinary.
I quote from Shirley Chisholm, the first African-American woman who
was elected to the House of Representatives, when she said that public
service is the rent you pay for space on this Earth.
David Price has paid that rent over and over and over again.
Madam Chair, it gives me great pleasure to yield 6 minutes to the
gentleman from North Carolina (Mr. Price), the chairman of the
Transportation, and Housing, and Urban Development, and Related
Agencies Subcommittee.
Mr. PRICE of North Carolina. Madam Chair, I thank the chairwoman for
those kind and generous words. And I do rise in strong support of this
critical legislation. As chairman of the Transportation, and Housing
and Urban Development, and Related Agencies Subcommittee, or T-HUD as
we call it, I first thank my partner and ranking member, Mario Diaz-
Balart, for his cooperative and collaborative relationship this year
and for many years prior, including when our roles were reversed.
Madam Chair, the bipartisan work we do in assembling our subcommittee
bills reflects an earlier era when the Appropriations Committee
presented a united front throughout the process. That era, regrettably,
has passed, but the cooperative work remains at the subcommittee level.
What we have done has made this a better bill, and hopefully will help
us achieve agreement eventually and finalize T-HUD and other bills.
Division A of the bill, the T-HUD section, represents our continued
commitment to upgrading our aging transportation infrastructure,
addressing our Nation's affordable housing and homelessness crises,
bolstering our resiliency in the face of climate change and natural
disasters, remedying inequities and disparities in our housing and
transportation systems, and prioritizing safety--whether that is
eliminating hazards in public housing or improving the certification of
aircraft.
Overall, the bill includes $90.9 billion in discretionary funding;
that is an increase of $9.85 billion over the current year.
The bill also provides $77.6 billion to fully fund programs that
utilize the Highway Trust Fund as part of last year's historic and
bipartisan Infrastructure Investment and Jobs Act.
[[Page H6736]]
For housing, we continue to ensure housing stability for five million
people by fully renewing all Housing Choice Vouchers and meeting the
renewal needs of public housing, homeless assistance grants, and
several other initiatives. This is coupled with new investments,
including more than 140,000 new tenant-based vouchers for low-income
families and people experiencing or at risk of homelessness, over 5,600
new affordable housing units for seniors and people with disabilities,
and more than 6,700 new vouchers for veterans experiencing homelessness
and youth aging out of foster care.
The bill also provides an 8 percent increase for the HOME program, an
11 percent increase for NeighborWorks programs, and a historic 29
percent increase for Choice Neighborhoods, a program that, like housing
for the elderly and for people with disabilities, our subcommittee has
brought back into production after they were on life support.
I was able to see some of these life-changing investments firsthand
in my own State in Winston-Salem, where I toured a Choice Neighborhood
with my colleague, Kathy Manning. And there are more to come.
Importantly, the bill provides, for the first time, a major
investment in our Nation's manufactured housing, by providing $500
million for a new program to preserve and revitalize this essential
form of housing that has been too long overlooked. Many of these
communities have faced significant infrastructure and resiliency
challenges. This bill recognizes the opportunities that will come from
direct investments in manufactured housing, a portion of our housing
stock that provides for over 20 million people.
On the transportation side, the bill upholds the commitment to
respond to transportation needs across all modes: highways, transit,
rail, aviation, bike and pedestrian projects, and ports. It invests in
the safety and reliability of our passenger and freight rail systems,
including a combined $1.2 billion for the CRISI program and the
Federal-State Partnership for Intercity Passenger Rail. That has been
and remains a signature emphasis of our subcommittee.
I am particularly proud of this aspect of the bill as we build out
the Raleigh to Richmond corridor, the next step in the Southeast
Corridor from Washington to Charlotte and eventually Atlanta. These
regional corridors represent the future of passenger rail in this
country, and they are critical to reducing congestion and lowering
greenhouse gas emissions.
The bill also provides robust funding for our transit infrastructure,
including $3 billion for Capital Investment Grants, or New Starts, to
create new transit routes nationwide, and $646 million for Transit
Infrastructure Grants to help transit agencies innovate and improve
public transit.
Madam Chair, before closing, I, too, thank our staff for their
immeasurable contributions to this bill and for guiding the Members and
staff on both sides of the aisle through this process.
Starting with our wonderful chief clerk, Christina Monroe, as well as
Josephine Eckert, Winnie Chang, Xavier Arriaga, Samhita Subramanian,
and Rachel Keyes, along with Leigh Whittaker on my personal staff, and
Doug Disrud on the minority side.
Since this is my last time presenting the T-HUD bill, I also want to
mention all of the staff who helped me and my colleagues through the
subcommittee process since I took on the ranking member and eventually
the chairman's role. That includes three previous clerks: Kate
Hallahan, Joe Carlisle, Matt Washington; and it includes Angela Ohm,
Sarah Puro, Becky Salay, Jenny Neuscheler, and Gladys Barcena at the
subcommittee, as well as Laura Thrift, Kate Roetzer, Sean Maxwell, and
Nora Blalock from my own staff. A hearty thanks to all of you.
Mr. Chairman, in closing, this year's T-HUD will make forward-looking
investments in our housing and transportation infrastructure while
bolstering safety and uplifting vulnerable populations. It will benefit
communities across America and lay a strong foundation for economic
growth and resiliency.
Mr. Chair, I urge my colleagues to support this legislation.
Ms. GRANGER. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Diaz-Balart), the ranking member of the Transportation,
and Housing and Urban Development Subcommittee.
Mr. DIAZ-BALART. Mr. Chairman, I rise in opposition to the bill in
its current form but there are some really good things in this
legislation, and I will talk about why I can't support it at this time.
But first, I thank my dear friend, Chairman Price, for his work on
the T-HUD portion of the bill, and, most importantly, as the chairwoman
said, for his lifetime of honorable service to this country.
I know that the committee and Congress will miss Mr. Price. He has
been, frankly, a privilege to work with. Not that we don't have
disagreements, but we always work through those disagreements in a
respectful, open process.
Evidence of his life and his service can be found in this bill as
well as other past T-HUD bills. One example, Mr. Chairman, is the
manufactured housing initiative that will, frankly, help revitalize
communities across the Nation. Chairman Price listened to stakeholders
and developed this innovative program with his characteristic deep
understanding of policy.
I have said--and I know he doesn't feel it is a negative thing, on
the contrary, I say it with great compliment--that he is a total policy
wand, Mr. Chairman. And this is one of those areas where you see his
policy involvement.
Some of you may not know that the Committee on Appropriations
unanimously voted to name this efficiently the Preservation and
Reinvestment Initiative for Community Enhancement, PRICE, after
Chairman Price. And I thank the chairman for including the funding that
he did for port infrastructure. I would also mention that he and I, and
the entire T-HUD Committee, have always made safety a priority, and
this bill continues in that tradition.
The bill modernizes air traffic control systems to make sure that
they are the safest in the world, as well as it makes progress in road
and rail safety.
We share a priority of supporting American innovation, whether it is
automated vehicles to unmanned aircraft to commercial space, this bill
makes key investments in those areas as well. And it provides over $3
billion above last year, just to maintain HUD's current rental
assistance programs. And that is something that, obviously, we all
support, but I want to mention that those are things that once we do,
we have to continue to fund every single year. Obviously, I support
renewing this assistance, especially to the elderly, our disabled, and
our veterans.
Again, much of the HUD spending in this bill will create new
liabilities for future years. For example, the bill expands Section 8--
a program that obviously we all know about--by $1.1 billion.
This new spending would, in essence, require several billion dollars
for renewals in future years. So, in essence, it becomes a de facto
mandatory requirement which creates many, many issues.
{time} 1400
Let me be clear. I cannot support the bill at its current spending
level. The bill was written under unrealistic top-line numbers, set by
the majority. As a result, this bill has an overall increase of 12
percent above last year, which is, again, not acceptable. Inflation is
at a 40-year high.
The Acting CHAIR (Mr. Phillips). The time of the gentleman has
expired.
Ms. GRANGER. Mr. Chair, I yield an additional 1 minute to the
gentleman from Florida.
Mr. DIAZ-BALART. Mr. Chair, inflation is at a 40-year high. Contrary
to what some say, we cannot address inflation by spending more money--
by continuing to spend more and more money. Instead, we need an
agreement that reduces excessive spending that balances defense and
nondefense spending, and, again, removes all of the controversial
riders.
Once that happens, Mr. Chair, I am confident that we will be able to
reach an agreement that this House and the majority and the minority
can live with.
Again, I thank Chairman Price for his leadership, his friendship, and
openness. He will be missed. I would be remiss if I didn't thank the
chairwoman
[[Page H6737]]
and the ranking member of the full committee for their leadership.
I am confident that we will eventually be able to have numbers that
we can live with and have a bipartisan bill, but until then, I have to
oppose the bill.
Ms. DeLAURO. Mr. Chair, I yield 4 minutes to the gentleman from
Georgia (Mr. Bishop), the chairman of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee.
Mr. BISHOP of Georgia. Mr. Chair, I rise in support of H.R. 8294. As
chairman of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Subcommittee, I am pleased to
highlight the national priorities funded in our division.
The impact of the agriculture division is far-reaching and it touches
the lives of every single American. We all eat the food, rely on the
medicine and the medical devices, and wear products made from fibers,
such as cotton, that are made possible by this bill.
Our fiscal year 2023 allocation is $27.2 billion, which is $2 billion
over the fiscal year 2022 bill. The bill provides $4.2 billion for
Rural Development initiatives, including more than $560 million for
broadband expansion to provide economic development opportunities and
improved education and healthcare services. The bill continues
important funding for the Community Facilities Program that supports
everything from libraries and fire stations to childcare centers and
nursing homes.
Our bill fully funds the SNAP, WIC, and Child Nutrition programs. It
continues to enhance fruit and vegetable benefits for women and
children and provides additional protections for SNAP recipients. We
have record-high funding for the Food for Peace program, $1.8 billion,
and $265 million for the McGovern-Dole program, critically needed in
light of the global food crisis that has worsened following the Russian
invasion of Ukraine.
The bill provides $3.8 billion for agriculture research, which helps
the United States produce the most abundant and affordable food in the
world, and provides $3.1 billion in farm and conservation programs,
which includes funding to address the impacts of climate change.
The Food and Drug Administration is funded at $3.6 billion in
discretionary funding. There are important increases to help combat the
opioid crisis, support unannounced inspections of foreign drug
manufacturing facilities, and ensure the safety of infant formula.
Finally, the bill provides funding for 134 Community Project Funding
requests for members, totaling over $191 million.
Mr. Chair, I urge my colleagues to support this bill. I thank the
ranking member, Dr. Harris, and his staff for helping produce this
bill. I thank my personal staff and the subcommittee staff for their
extraordinary work on the bill. Of course, I thank Chairwoman DeLauro
and Ranking Member Granger, as well as the majority and minority staffs
of the full committee.
Ms. GRANGER. Mr. Chair, I yield 6 minutes to the gentleman from Ohio
(Mr. Joyce), the ranking member of the Interior, Environment, and
Related Agencies Subcommittee.
Mr. JOYCE of Ohio. Mr. Chair, I rise today in opposition to H.R.
8294.
Before I get into the details of the Interior-Environment section of
the bill, I thank Chairwoman DeLauro and Ranking Member Granger for
their leadership on the Appropriations Committee.
I also extend my sincere thanks to Chellie Pingree, the chair of the
Interior, Environment, and Related Agencies Subcommittee. Chair Pingree
has been a fair leader, and I appreciate the work she has done on the
many bipartisan priorities in the Interior bill, and to her staff for
their tireless efforts.
The Interior bill provides funding for many important and critical
programs that help conserve and protect our Nation's most critical
natural, cultural, and environmental resources. More than that, it
makes investments that matter to communities, businesses, and
industries across the country.
The bill provides strong support for our National Parks, helps fight
catastrophic wildfires, addresses our aging infrastructure, and fully
funds the Payment in Lieu of Taxes, or PILT program.
I am grateful for my home district in Ohio that the bill provides
increased funding for the Great Lakes Restoration Initiative. The GLRI
funding is critical in our work to restore and protect the lakes for
future generations.
Finally, I am pleased the bill advances longstanding efforts to
increase the Federal commitment to honor our treaties and trust
responsibilities with the American Indians and Alaskan Natives by
providing a $12.6 billion investment in Indian Country; and a new
provision that will help ensure sovereignty of Tribal laws.
Unfortunately, while I am supportive of many of the bipartisan
components of the bill, I am unable to support it today given serious
spending and policy concerns.
First and foremost, the bill fails to recognize the situation the
country is now in and reverse this administration's assault on
conventional energy production.
It eliminates longstanding, bipartisan provisions and adds new,
controversial policy riders that would weaken U.S. energy and mineral
security by limiting domestic development of these and other natural
resources.
Given the rising energy costs and unprecedented prices we are seeing
at the gas pump, it is now more important than ever that we continue to
support our all-of-the-above energy strategy.
New provisions would prevent and disincentivize domestic production,
only making us more dependent on our adversaries. Simply put, these
provisions undermine the American energy sector and fail to put
American industries and the American people first.
Similar riders were dropped from the final conference agreement last
year, and the same must be done again before this bill can be signed
into law.
We must also address the spending in this bill before we can reach a
final agreement. With a top-line increase of nearly $7 billion in
double-digit increases across many of the agencies, the spending is
simply irresponsible in the absence of a broader, fiscally responsible
Federal budget.
With record-high inflation under this administration, now is the time
to limit spending. The Federal Government must make the tough choices
to live within its means and work to rein in Federal spending to
protect families from inflationary pressures and future generations
from crippling debt.
It is the combination of these funding and policy reasons that I
cannot support the bill at this time.
I look forward to supporting amendments to improve H.R. 8294,
including one to remove a harmful rider on trophy permits, and my
amendment to add limits on the burdensome SEC climate rule.
The SEC, which has no mandate to regulate carbon emissions, wants
public companies to disclose new climate-related information, including
greenhouse gas emissions. These requirements have already lessened
investor enthusiasm for domestic drilling and oil protection.
At the same time, my friends on the other side of the aisle ask our
energy producers to expand capacity--which, of course, requires
investment.
Make no mistake, this rule will impact businesses of all kinds--small
and large, public and private, energy and non-energy.
Under this rule, many public companies will be required to disclose
not only their greenhouse gas emissions, but also the emissions of
businesses upstream and downstream in their value chain.
Congress created the SEC to protect investors, maintain fair,
orderly, and efficient markets, and facilitate capital formation--not
to set climate policy.
Unfortunately, the agency has lost its focus. I look forward to the
debate on these key issues across all our appropriations bills and am
committed to working with Chair Pingree and our colleagues as the
fiscal year 2023 process moves forward to craft legislation that can
receive bipartisan support.
Until then, I strongly urge my colleagues to vote ``no'' on this
package.
Ms. DeLAURO. Mr. Chair, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the distinguished Speaker of the House of
Representatives.
Ms. PELOSI. Mr. Chair, I thank the gentlewoman for yielding. I thank
her for her unsurpassed leadership as chair of the Appropriations
Committee, for
[[Page H6738]]
reflecting the values of our country, based on her leadership in terms
of listening to the American people and meeting their kitchen-table
needs, and, again, advancing us into the future.
We said about many of these initiatives: When we pass this, we will
be making history. Not only that, we will be making progress, thanks to
the leadership of Chairwoman Rosa DeLauro, chair of the committee. It
is a source of great joy to me because I served on the committee with
her, saw her leadership then and now as chair.
Let me just describe--people say: What is a minibus?
A minibus is a minibus. It is not an omnibus. Sometimes we would have
a bill that contained all of the appropriations bills. Omni, all.
Omnibus. This is a minibus, which contains six of the bills--six very
important pieces of legislation--and hopefully we will move soon to
pass the others.
With these bills, our Democratic majority advances many of our
Nation's cherished principles and priorities, including job creation,
expanding opportunity, and protecting health and well-being.
Let us salute the masterful Chairwoman Rosa DeLauro, a maestro of the
appropriations process, who is a constant source of inspiration,
leadership, and strategic thinking for all of us.
I also thank our cardinals for their hard work in carefully crafting
each of these six very important bills contained in this minibus. You
are called a cardinal if you rise to be a chair of one of the
subcommittees of Appropriations. It is a great honor.
Mr. Chair, I do want to acknowledge the work of Chairman Sanford
Bishop. We just heard from him about food, agriculture, rural
development, et cetera.
Chairwoman Marcy Kaptur, Energy and Water Development.
Chairman Mike Quigley, Financial Services and General Government.
Chairwoman Chellie Pingree, Interior-Environment.
Chairwoman Debbie Wasserman Schultz, Military Construction and
Veterans Affairs.
Chairman David Price, Transportation, and Housing and Urban
Development. Mr. Price will be leaving us at the end of this term, but
his legacy will be with our country for a long time to come.
Mr. Chair, I thank our colleague on the other side of the aisle for
acknowledging Mr. Price's work, and naming a portion of the
Transportation, and Housing and Urban Development bill in his name. Mr.
Diaz-Balart, I thank you for that beautiful recognition of Chairman
Price. He certainly is revered on our side of the aisle, and we
appreciate the bipartisan recognition of his leadership.
Mr. Chair, the House's Appropriations minibus will have an immediate
impact on people's lives because it puts working families first.
This package defends health and well-being: improving the safety and
security of our Nation's food supply. A vote for this bill is a vote
for the safety of our Nation's food supply. A vote against it is a vote
against the safety of our Nation's food supply.
The bill supports the WIC program--Women, Infants, and Children--food
stamps, and other initiatives that keep our families fed.
This package strengthens economic security with strong investments to
expand access to safe, affordable housing--thank you, Mr. Price--
support small business growth, and protect the interests of American
consumers.
In doing so, these bills advance President Biden's commitment to
putting justice and equity front and center, moving to close economic
disparities weighing heaviest on communities of color and low-income
families.
At the same time, this package will further power Democrats' mission
to rebuild our Nation while reinvigorating the middle class.
Our bipartisan infrastructure law that was bipartisan and passed last
year was a monumental step forward. Now, this legislation builds on
that bipartisan progress: creating good-paying American jobs,
rehabilitating our crumbling infrastructure; securing critical funding
for roads, bridges, ports and rail, transit and aviation, and more; and
improving the strength and resilience of our water systems.
This is a health issue in addition to a commerce issue. These
investments lay a crucial economic foundation, better equipping our
Nation to compete and win in the 21st century economy.
This package is also about protecting and preserving our planet--a
responsibility we owe our children and grandchildren and future
generations.
The investments in this legislation, Mr. Chair, are another strong
step toward independent, affordable, clean energy jobs for the future:
whether spurring innovation in new, sustainable technologies;
strengthening community resilience to mitigate climate disaster; or
conserving our cherished public lands.
Anyone who watches the news these days sees the impact on the climate
crisis on our planet.
{time} 1415
Throughout Europe, there are record heat waves. In our own country,
we have had scores of our hottest record days, scores of them in our
own country. The climate crisis is a real one. There is a short fuse on
it. We must act. We cannot ignore the signs or the governance and the
protections that go with it.
Preserving clean air and clean water for our children is a public
health issue. The air they breathe and the water they drink is an
immediate health issue. It is an economic necessity, creating good-
paying jobs in the industries of the future while staving off
catastrophic costs of inaction.
A matter of national security is preventing violent conflicts over
resources and habitat. You have droughts; you have rising sea levels;
you have encroachment of deserts; and you have change in the thermal
management of the planet, Mr. Chair. All of this contributes to
competition for habitats and resources, and our National Security
Advisors tell us that that can be a cause of conflict, in addition to
the toll it takes on people.
For many of us, it is a moral issue if you believe as I do that this
is God's creation and that we have a moral responsibility to be good
stewards of it. That is one purpose. But if you don't share that view,
you do understand that we have a moral responsibility to our children
to pass on the planet in a responsible way for future generations. This
is one of the Democratic majority's top priorities, and we will never
stop fighting for the climate action that we need.
Finally, and importantly--one of my favorite subjects--this package
honors our Nation's sacred duty to our veterans, their families, and
their caregivers. A vote for this bill is a vote for our veterans,
their families, and their caregivers with robust support for veterans'
healthcare, which covers more than 7 million patients, with more
resources to build essential VA infrastructure, and with increased
funding to address mental health, substance abuse disorder, the scourge
of veteran homelessness, and much more.
As we do so, we honor the truth when the military says that, on the
battlefield, we leave no soldier behind, and when they come home, we
leave no veteran behind.
Mr. Chair, Democrats believe that governance is a powerful force for
good when we invest in what we value most as a nation--protection of
our people, their health, their safety, the planet, the air they
breathe, the water they drink, and security for our country. Today, our
Democratic majority advances appropriations legislation that furthers
that mission with funding that will meet the needs of American families
in every corner of our country, and we take an important step to
advance President Biden's inspiring vision of building a better America
for all with liberty and equity for all.
Mr. Chair, I urge a strong bipartisan vote for this minibus package.
I salute our cardinals for their great leadership, and I again pay
homage to the chair of the committee, Madam Chair Rosa DeLauro, for her
extraordinary leadership.
Ms. GRANGER. Mr. Chair, I yield 4 minutes to the gentleman from
Maryland (Mr. Harris), who is the acting ranking member of the
Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies.
Mr. HARRIS. Mr. Chair, I thank Ranking Member Granger for yielding.
Mr. Chair, I rise in opposition to H.R. 8294, which includes the FY23
Agriculture, Rural Development, Food and
[[Page H6739]]
Drug Administration, and Related Agencies appropriations bill.
First, I thank Chair DeLauro and Ranking Member Granger for their
leadership in moving these bills through the appropriations process. I
also thank the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Subcommittee chairman, Mr. Bishop,
for his leadership in crafting a bill that funds a number of programs
with broad bipartisan support, such as rural broadband programs,
critical ag research programs, and protections to ensure we have safe
food, drugs, and medical devices.
While there are many things to like about this bill, the total
discretionary spending level of $27.2 billion, or an 8 percent increase
over the previous year's funding, does not acknowledge the economic
reality that our Nation faces.
A stunning 88 percent of Americans believe our country is on the
wrong track, according to a recent poll by the Monmouth University
Polling Institute. That is what Americans are talking about around
their kitchen tables.
Just last week, inflation jumped again to a 40-year high of 9.1
percent. We can't keep ignoring this situation. Americans have figured
out that more government spending only ends in higher prices for the
American people and adds to the inflation problem created by this
Congress and the Biden administration's reckless and immoral spending
included in this minibus.
In this vein, this division of the minibus provides unsustainable
funding increases across the board, most notably for the Food and Drug
Administration, which would receive an overwhelming and unnecessary 10
percent increase. A lot of American families wish they were getting a
10 percent increase in their paychecks. Based on how the FDA has
handled the infant formula crisis, it is clear that strong leadership
is needed at the FDA, not this unnecessary increase in funding.
The bill also includes increased benefits for the WIC program, a
great program, but those increased benefits were intended to be a
temporary, one-time increase included in the American Rescue Plan. I
understand the importance of making sure WIC participants have access
to fruits and vegetables. However, this bill is taking a temporary
increase in response to COVID and including it in the regular, ongoing
program as if to make these increased benefits permanent without regard
to the inflationary pressures of out-of-control government spending
that is already squeezing taxpayers.
I am also extremely concerned about providing the administration with
unlimited spending authority for the Supplemental Nutrition Assistance
Program, or SNAP, at the end of the next fiscal year. The
administration claims this authority is needed for an unexpected
increase in SNAP participation, but the President continues to tout
record-low unemployment rates, which should translate into a decrease
in SNAP participation. Furthermore, the program has a reserve fund
totaling up to $9 billion already to address unexpected participation
increases should they unexpectedly occur, so providing USDA with a
blank check is just simply irresponsible.
In times like these, as stewards of taxpayer dollars, Congress must
make tough decisions in the greater interest of the American people.
While I support a number of programs in the bill, I cannot support the
bill at this unsustainable spending level.
This bill touches the lives of every American, and I hope we can find
common ground to support America's farmers, ranchers, and rural
communities. As this process moves forward, I am committed to working
with Chairman Bishop, Chair DeLauro, Ranking Member Granger, and the
rest of our colleagues to resolve these differences.
Mr. Chair, I urge my colleagues to oppose this bill.
Ms. DeLAURO. Mr. Chair, I yield 4 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), who is the chair of the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I thank the gentlewoman for
yielding.
Mr. Chair, I rise in strong support of H.R. 8294, the appropriations
minibus for fiscal year 2023.
I really want to start out my remarks, Mr. Chair, by saying what a
joy it is to work with my counterpart, Judge Carter, as our ranking
member. He and I really worked hand in glove. We are personal friends,
and we worked very closely together, along with the ranking member, Ms.
Granger, and Ms. DeLauro. In a very divisive process, it is really nice
to have met and befriended someone like Judge Carter. I wish him the
best.
By now, we all know President Biden's wise words: ``Don't tell me
what you value. Show me your budget, and I will tell you what you
value.''
This minibus truly reflects our values, the values of promoting
progress and opportunity, and protecting those who most need it. That
is why I take tremendous pride in this bill as the Military
Construction, Veterans Affairs, and Related Agencies Subcommittee
chair. It is a statement of principled values, especially with its
strong support for veterans, servicemembers, and their families.
We steer $15.1 billion to critical military infrastructure, such as
new barracks and child development centers, and focus on ensuring that
family housing is clear of mold, lead, and contaminants. We invest in
climate and energy resilience projects and devote $200 million to PFAS
contamination cleanup at closed installations.
We provide more to NATO security and support the infrastructure
necessary for wartime, peace, and deterrence operations by bolstering
requirements to confront Russian aggression and protect our European
allies.
This bill improves the quality of life on military installations and
honors servicemembers and their families once they leave these
facilities by ensuring veterans receive the care and support they
earned. We do it by providing the Department of Veterans Affairs with
$135 billion to boost medical research and fully fund medical care. We
make major investments in women's health, mental health, suicide
prevention, and homelessness programs, and we tackle the disability
claims backlog.
The bill also tackles two issues close to my and many Members'
hearts. It includes a prohibition on the painful scientific testing on
dogs and cats, and it also makes permanent VA's authority to offer a
full range of fertility treatment. That means expanding eligibility to
include partners in addition to spouses, removing discrimination
against same-sex couples, and allowing the use of donated sperm and
eggs in IVF.
Outside of MILCON-VA, the Energy and Water bill appropriates a record
$407 million for Everglades restoration. The river of grass is the
lifeblood of south Florida, and the chance to make this level of
historic progress is hugely significant toward our restoration efforts.
I am proud that this bill makes it a priority to reduce the number of
injuries and deaths associated with pools and spas. We will save lives
by increasing funding by pool safety grants to $2.5 million. Drowning
poses a significant public health risk to our Nation's children,
remaining the number one cause of unintentional death for children
younger than 5 years old in this country.
Additionally, the Interior bill reflects the importance of protecting
our coastlines from greedy oil companies by prohibiting the Department
of the Interior from conducting offshore oil and gas leasing activities
along Florida's coasts.
It also funds valuable community projects, and in my district, that
means critical infrastructure, clean transit, and improved water
quality in Hollywood, Southwest Ranches, and Sunrise.
Finally, our values are reflected by how Congress confronts the
dramatic rise in highway fatalities. New data shows we lost ground in
our fight to end drunk driving, the leading cause of highway deaths.
But this bill directs the DOT to take immediate steps to save lives by
requiring the National Highway Traffic Safety Administration to issue a
rule requiring all new passenger vehicles to be equipped with advanced
alcohol monitoring technology. This technology will save an estimated
9,400 lives a year. For reference, airbags save 3,000 lives annually.
According to Mothers Against Drunk Driving, this may be the most
significant motor vehicle safety rulemaking ever undertaken in terms of
the lives it can save.
[[Page H6740]]
We have a chance to enhance, improve, and save millions of lives by
passing this minibus, and I respectfully urge my colleagues to support
these cherished American values.
Lastly, Mr. Chair, I thank my incredible staff for all the work that
they did to bring this remarkable piece of legislation to the floor.
Ms. GRANGER. Mr. Chair, I yield 2 minutes to the gentleman from
Virginia (Mr. Cline), who is a member of the Appropriations Committee.
Mr. CLINE. Mr. Chair, it is with sadness that I come to the floor to
speak against this measure.
We had opportunities in the Appropriations Committee to work across
the aisle to address the concerns of the minority and to fund the
priorities of this country and its people. Unfortunately, with a 40-
year high in inflation, CPI rising to 9.1 percent in June, $30 trillion
in debt, and the CBO recently predicting $1.6 trillion in deficits over
the next decade, business as usual can no longer be contemplated.
We must take action to secure the financial stability of this country
for the future, for our children, for their children, and for future
generations. We have to return to fiscal sanity through these
appropriations bills to rein in inflation and rescue this economy.
Transportation-Housing and Urban Development has an increase of more
than 12 percent; Agriculture an increase of 8 percent; Financial
Services and General Government an increase of 17 percent over FY22;
Interior, 18 percent increase; MILCON, more than 10 percent above 2022.
All of these bills contain important priorities, but they also
contain excessive amounts of waste and liberal priorities that are not
in keeping with the priorities of the American people, so I urge their
defeat.
Mr. Chair, I thank the gentlewoman from Texas for her hard work in
trying to get our priorities considered.
I look forward to continuing to work to ensure that fiscal
responsibility is the watchword of the day and that the American people
have their tax dollars looked after by the Appropriations Committee.
{time} 1430
Ms. DeLAURO. Mr. Chairman, I yield 4 minutes to the gentleman from
Illinois (Mr. Quigley), the chairman of the Financial Services and
General Government Subcommittee.
Mr. QUIGLEY. Mr. Chair, as the chairman of the Financial Services and
General Government Subcommittee, I rise today in strong support of the
FY23 Financial Services and General Government Appropriations bill.
First, I thank the staff on both sides for their efforts in drafting
this bill and preparing it to come to the House floor.
I also want to thank my colleague, the ranking member, Mr. Womack,
for his hard work and collaboration on this bill. He has been
thoughtful in his input and, frankly, a pleasure to work with.
The FSGG bill includes $29.8 billion in funding, an increase of $4.3
billion over last year.
For Treasury, the bill includes $15.6 billion, $1.3 billion above
last year. Within that level, there is $336 million for CDFIs, an
increase of $41 million. The IRS gets $13.6 billion, an increase of $1
billion over the 2022 level.
For ONDCP, $462 million, including $300 million for the High
Intensity Drug Trafficking Areas program and $110 million for the Drug-
Free Communities Program.
For the Judiciary, $8.6 billion, within this amount, $128 million is
targeted for judiciary security, cybersecurity, and information
technology modernization. For the Supreme Court, $143 million, $30
million above last year, included in this increase is funding to
provide for enhanced security services.
For the Consumer Product Safety Commission, $166.3 million, $27.3
million above last year, including $2.5 million for Pool Safety Grants.
For Election Security Grants, $400 million, an increase of $325
million above last year. These grants will help State and local
governments protect our democracy through fair and secure elections.
For the GSA, $1.1 billion over last year, including $500 million for
a new FBI headquarters. Also included, $100 million for both the
Electric Vehicle Fund and the Technology Modernization Fund.
For SBA, $1.1 billion, $77 million above last year. This fund
includes $326 million for the Entrepreneurial Development Programs.
We have solid increases for the Federal Communications Commission,
Securities and Exchange Commission, OPM, the Archives, and the Federal
Trade Commission.
The bill is silent on the civilian pay increase, allowing the
proposed 4.6 percent increase to take effect.
We removed harmful riders to the bill, including the Hyde
restrictions, three ``dark money'' riders, and the D.C. cannabis rider.
We include language making Dreamers eligible for Federal employment.
And finally, I am proud this bill was able to include 98 percent of
Members' Community Project Funding requests, including from Democrats
and Republicans. This funding will go directly to important projects in
Members' districts connected with the SBA, GSA, and the National
Archives.
I urge all Members to support the bill.
Ms. GRANGER. Mr. Chairman, as I said before, the bills before us do
not reflect the economic realities we face. At a time of record-high
inflation, the Federal Government should be reducing not increasing
spending. The priorities included in these bills are simply out of
touch with what the American people need.
I urge my colleagues to vote ``no,'' and I yield back the balance of
my time.
Ms. DeLAURO. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, first, let me just say, I thank the ranking member (Ms.
Granger) for her commitment and her dedication to the Appropriations
Committee and the process, a place where she has spent a number of
years in the various subcommittees, and it is an honor to work with her
in this effort.
I applaud the funding bills that help the middle class, working
families, and small businesses, in what are desperate times. And that
is what these bills do is to provide that kind of assistance to these
families. I am proud to support these bills.
I listened to my colleagues about inflation, what they failed to
mention, which has been really demonstrated, is that we are looking at
oil companies who have consolidated; and what they are doing is buying
back their stock, instead of lowering the price of gas.
They now have 26 million acres of Federal land in which they could
deal with extraction, and they have the permits, but they refuse to do
it. They are in the business of buying back their stock, thereby
increasing inflation by keeping gas prices high.
We have the same situation in the meat industry with meat, poultry,
and pork, which is continuing to raise the price because of the
consolidation.
I would just mention one other thing. In the recommendations to vote
``no'' on this package, it just is interesting to look at what my
colleagues view as not wanting to do; that is, to provide an increase
for the Internal Revenue Service. Why is that money provided to the
IRS? It is really to look at those corporations who are not paying
their fair share of taxes.
So they are not much interested in seeing them pay their fair share
of taxes, or the wealthiest of individuals who don't pay their fair
share of taxes.
They also do not want to provide money for women, infants, and
children for food. They don't want to provide money for food security,
for people who are on the food stamp program.
They don't want to do anything for domestic manufacturing on clean
energy, which could lower the cost of energy. So, there is a bit of
disingenuousness on what we are doing with the cost.
I am proud to support these bills. I urge my colleagues to support
the six-bill appropriations package, and I yield back the balance of my
time.
Ms. PINGREE. Mr. Chair, I rise to support the Fiscal Year 2023
Interior, Environment, and Related Agencies appropriations bill.
I thank Ranking Member Joyce for his collaboration and partnership
through this process, and I am grateful for the leadership of
Chairwoman DeLauro, and Ranking Member Granger.
The fiscal year 2023 Interior, Environment and Related Agencies bill
provides a total of $44.8 billion dollars. This is an increase of
[[Page H6741]]
$6.8 billion dollars over last year's enacted level, which is an 18
percent increase. Last year, we made unprecedented investments to fight
the climate crisis, return science as the foundation for decision-
making, dedicate the highest level of federal funding to the arts and
humanities ever, and continue our commitment to tribal nations.
This bill continues to build on those successes. Through the
investments made in this bill, our country will be better positioned to
confront the climate crisis. Just last month, we witnessed Yellowstone,
America's first national park, experience devastating flooding that
triggered mudslides, resulting in its emergency closure and leaving
damage that will take years to rebuild. Only weeks later, a destructive
wildfire threatened to destroy the giant sequoias of Yosemite National
Park. These tragedies underscored how vulnerable our ecosystems and
species are to the impacts of climate change.
That is why the investments in this bill, such as the 15 percent
increase for the land management agencies, will be meaningful for
climate adaptation and resiliency efforts on our public lands. The bill
also invests in renewable energy, both on and offshore, to provide
opportunities for growth in this sector--creating good paying American
jobs. And we make historic investments for science and environmental
protection, providing the funding necessary to build a strong EPA.
In addition to these critical investments to protect our natural
resources, the bill also includes strong funding for cultural resources
by fostering the Arts and Humanities. The bill provides $414 million
for both the National Endowment for the Arts and the National Endowment
for the Humanities. These funds benefit all of our districts and are a
positive tool for economic development, education, and community
building.
And finally, this bill supports Native American families by investing
in a strong and resilient Indian Country, including through education
and health care programs.
This is a strong bill. Through its investments, the Interior bill
takes a whole-of-government approach to securing a safe and habitable
world for future generations. I urge my colleagues to support.
The Acting CHAIR. All time for general debate has now expired.
Pursuant to the rule, an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 117-55 is adopted and
the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 8294
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation, Housing and
Urban Development, Agriculture, Rural Development, Energy and
Water Development, Financial Services and General Government,
Interior, Environment, Military Construction, and Veterans
Affairs Appropriations Act, 2023''.
SEC. 2. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 3. REFERENCES TO REPORT.
(a) Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2023.--Any reference to
a ``report accompanying this Act'' contained in division A of
this Act shall be treated as a reference to House Report 117-
402. The effect of such Report shall be limited to division A
and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division A.
(b) Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2023.--Any reference to a ``report accompanying this Act''
contained in division B of this Act shall be treated as a
reference to House Report 117-392. The effect of such Report
shall be limited to division B and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division B.
(c) Energy and Water Development and Related Agencies
Appropriations Act, 2023.--Any reference to a ``report
accompanying this Act'' contained in division C of this Act
shall be treated as a reference to House Report 117-394. The
effect of such Report shall be limited to division C and
shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division C.
(d) Financial Services and General Government
Appropriations Act, 2023.--Any reference to a ``report
accompanying this Act'' contained in division D of this Act
shall be treated as a reference to House Report 117-393. The
effect of such Report shall be limited to division D and
shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division D.
(e) Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2023.--Any reference to a
``report accompanying this Act'' contained in division E of
this Act shall be treated as a reference to House Report 117-
400. The effect of such Report shall be limited to division E
and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division E.
(f) Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2023.--Any reference to a
``report accompanying this Act'' contained in division F of
this Act shall be treated as a reference to House Report 117-
391. The effect of such Report shall be limited to division F
and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division F.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2023.
DIVISION A--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,
$176,000,000: 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) $27,089,000 shall be available for the Office of the
General Counsel;
(4) $17,400,000 shall be available for the Office of the
Under Secretary of Transportation for 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) $42,402,000 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) $18,533,000 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) $1,500,000 shall be available for the Office of Tribal
Government Affairs; and
(13) $2,000,000 shall be available for the Office of
Multimodal Freight Infrastructure and Policy:
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 any
change in funding greater than 7 percent shall be subject to
the requirements of section 405 of this Act: 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, $66,963,000,
of which $52,780,000 shall remain available until expended:
Provided, 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 section 6702 of title
49, United States Code, $775,000,000, 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 $30,000,000 shall be awarded to projects
in historically disadvantaged communities or areas of
persistent poverty as such term is 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 and shall
prioritize transit, transit oriented development, multimodal,
intercity passenger rail, and pedestrian 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
[[Page H6742]]
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 $50,000,000: 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 shall apply to projects under
this heading the Federal requirements that the Secretary
determines are appropriate based on the purpose of the
National Infrastructure Investments program, the requirements
expressly stated under this heading, the requirements
expressly stated in chapter 67 of title 49, United States
Code, and the Federal requirements applicable to comparable
projects supported by other Department of Transportation
financial assistance programs, including domestic preference
requirements, contracting opportunities for small and
disadvantaged businesses, and labor practices: 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
paragraphs (3) and (4) of section 6702(d) of title 49, United
States Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$100,000,000, 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, $3,800,000, 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 so 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,
$15,000,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $19,648,000, to remain
available until expended: Provided, That of such amount,
$7,136,000 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.
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, $7,094,000, 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''.
[[Page H6743]]
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.
electric vehicle fleet
(including transfer of funds)
For necessary expenses for the Department's transition to
the General Services Administration's leased vehicle fleet,
and for the purchase of zero emission passenger motor
vehicles and supporting charging or fueling infrastructure,
$11,000,000, to remain available until September 30, 2025:
Provided, That such amounts are in addition to amounts
otherwise available for such purposes: Provided further,
That amounts made available under this heading may be
transferred to other accounts of the Department of
Transportation for the purposes specified under this heading:
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.
administrative provisions--office of the secretary of transportation
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.
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, $11,870,000,000, 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 $1,645,018,000 shall be available for
aviation safety activities;
(2) $8,760,044,000 shall be available for air traffic
organization activities;
(3) $33,675,000 shall be available for commercial space
transportation activities;
(4) $915,049,000 shall be available for finance and
management activities;
(5) $65,581,000 shall be available for NextGen and
operations planning activities;
(6) $153,447,000 shall be available for security and
hazardous materials safety; and
(7) $297,186,000 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
[[Page H6744]]
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, $2,900,000,000, of which $570,000,000
is for personnel and related expenses and shall remain
available until September 30, 2024, $1,803,600,000 is for
equipment and shall remain available until September 30,
2025, and $526,400,000 is for 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 specified for each Budget
Line Item in the table included in the ``Facilities and
Equipment Spend Plan for Fiscal Year 2023 Infrastructure
Investment and Jobs Act Funding'' section of the Federal
Aviation Administration FY 2023 President's Budget, as
submitted to the House and Senate Committees on
Appropriations, 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.
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,
$260,500,000, 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 report accompanying this Act:
Provided further, That not to exceed 10 percent of any
funding level specified under this heading in the report
accompanying this Act may be transferred to any other funding
level specified under this heading in the report accompanying
this 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, $272,604,000, 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 amounts made available
under this heading, $172,604,000 is for Community Project
Funding for the purposes, and in the amounts, specified for
this account in the table titled ``Transportation, Housing
and Urban Development Incorporation of Community Project
Funding Items'' included in the report accompanying this Act:
Provided further, That any funds made available under this
heading in this Act that remain available after the
distribution of funds under the preceding proviso shall be
available to the Secretary to distribute as discretionary
grants to airports: 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.
[[Page H6745]]
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 $476,783,991 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 or transferred to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian Development Highway System.
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 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
$1,755,060,641: 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;
or (2) the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240, and
shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That section 11101(e) of
Public Law 117-58 shall apply to amounts 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
funds made available under this heading, the Federal Highway
Administration may retain an amount of $3,000,000, to remain
available until expended, to fund the oversight of projects
carried out with funds made available under this heading:
Provided further, That of the funds made available under this
heading--
(1) $1,275,060,641 shall be made available for Community
Project Funding for the purposes, and in the amounts,
specified for this account in the table titled
``Transportation, Housing and Urban Development Incorporation
of Community Project Funding Items'' included in the report
accompanying this 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 the Appalachian States according to the
percentages derived from the 2021 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 788, 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 2021 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) $75,000,000 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
$37,500,000 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) $30,000,000 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) $100,000,000 shall be for the safe streets and roads
for all grant program under section 24112
[[Page H6746]]
of the Infrastructure Investment and Jobs Act (23 U.S.C. 402
note), to remain available until expended: Provided, That
notwithstanding section 24112(c)(2)(B) of Pub. L. 117-58, of
the total amount made available under this paragraph in this
Act, the Secretary may award less than 40 percent to eligible
projects described in 24112(a)(3)(A) of Pub. L. 117-58, but
shall award not less than 20 percent to such projects:
Provided further, That amounts made available under this
paragraph in this Act may be transferred to and merged with
the appropriations for ``Office of the Secretary'';
(7) $100,000,000 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),
to remain available until expended: 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;
(8) $55,000,000 shall be for the healthy streets program
under section 11406 of the Infrastructure Investment and Jobs
Act (23 U.S.C. 149 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; and
(9) $5,000,000 shall be for a cooperative series of
agreements to examine the impacts of culverts, roads, and
bridges on threatened or endangered salmon populations.
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 sections 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 sections 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: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
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
provide an annual report to the House and Senate Committees
on Appropriations on 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: Provided, That the written
notification required in the preceding proviso shall be made
not later than 180 days after the date of enactment of this
Act.
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
[[Page H6747]]
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.
Sec. 125. Until final guidance is published, the
Administrator of the Federal Highway Administration shall
adjudicate requests for Buy America waivers under the
criteria that were in effect prior to April 17, 2018.
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, $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 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. 131. 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 such term is defined in section 31132 of
such title, who are transporting livestock, as such term is
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, $230,000,000, 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: 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.
[[Page H6748]]
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.
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, $47,000,000, to remain available until expended:
Provided, That of the amounts made available 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, $555,000,000, to
remain available until expended: Provided, That amounts made
available under the heading ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' in this Act may
be used as non-Federal share for projects located on the
Northeast Corridor selected for award under section 24911 of
title 49, United States Code, notwithstanding subsection (f)
of such section: Provided further, That amounts made
available under the heading ``National Network Grants to the
National Railroad Passenger Corporation'' in this Act may be
used as non-Federal share for projects not located on the
Northeast Corridor selected for award under section 24911 of
title 49, United States Code, notwithstanding subsection (f)
of such section: 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.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements grants, as authorized
by section 22907 of title 49, United States Code,
$630,000,000, 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; and
(3) $5,000,000 shall be for preconstruction planning
activities and capital costs related to the deployment of
magnetic levitation transportation projects:
Provided further, That for amounts made available under
this heading, 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 22907(e)(1)(A) of title 49, United
States Code, shall not apply to amounts made available under
this heading: 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:
Provided further, That unobligated balances remaining after 6
years after 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), $882,000,000, 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
$1,000,000 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: Provided further, That
notwithstanding section 24911(f) of title 49, United States
Code, amounts made available under this heading in this Act
may be used as non-Federal share for projects located on the
Northeast Corridor selected for award under section 24911 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
(Public Law 117-58), $1,463,000,000, to remain available
until expended: Provided, That the National Railroad
Passenger Corporation may use up to 10 percent 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:
Provided further, That notwithstanding section 24911(f) of
title 49, United States Code, amounts made available under
this heading in this Act may be used as non-Federal share for
projects not located on the Northeast Corridor selected for
award under section 24911 of title 49, United States Code:
Provided further, That none of the funds made available 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.
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. Amounts made available in this and prior Acts 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 may be transferred to the
Federal Railroad Administration's ``Financial Assistance
Oversight and Technical Assistance'' account for 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 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): Provided, That the limitation in
subsection (e)(2) of section 22908 of title 49, United States
Code, shall not apply to amounts made available for grants
under such section in any prior Act.
Sec. 153. Amounts transferred to a ``Financial Assistance
Oversight and Technical Assistance'' account pursuant to
section 802 of title VIII of the Infrastructure Investment
and Jobs Appropriations Act (division J of Public Law 117-
58), as amended by section 156 of this title, from amounts
appropriated for fiscal year 2023 may also be used by the
Federal Railroad Administration for the Northeast Corridor
Commission established under section 24905 of title 49,
United States Code, and for the State-Supported Route
Committee established under section 24712(a) of title 49,
United States Code, including to assist the Federal Railroad
Administration with the delivery of projects carried out with
amounts made available under the headings ``Department of
Transportation--Federal Railroad Administration--Northeast
Corridor Grants to the National Railroad Passenger
Corporation'', ``Department of Transportation--Federal
Railroad Administration--National Network Grants to the
National Railroad Passenger Corporation'', and ``Department
of Transportation--Federal Railroad Administration--Federal-
State Partnership for Intercity Passenger Rail Grants'' in
such title: Provided, That the Federal Railroad
Administration shall notify the House and Senate Committees
on Appropriations not less than 15 days prior to making any
amounts available to the Northeast Corridor
[[Page H6749]]
Commission or State-Supported Route Committee pursuant to
this section: Provided further, That amounts repurposed 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. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' in title VIII of division J of Public Law 117-
58 is amended--
(1) in the fourth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall submit'';
(2) in the fifth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall prepare
and submit''; and
(3) in the tenth proviso, by striking ``, to facilitate a
coordinated and efficient delivery of projects carried out
under this heading in this Act'':
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. 155. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--National
Network Grants to the National Railroad Passenger
Corporation'' in title VIII of division J of Public Law 117-
58 is amended--
(1) in the third proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall submit'';
and
(2) in the fourth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall prepare
and submit'':
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. 156. 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. 157. Of the unobligated balances of funds remaining
from the ``Rail Line Relocation and Improvement Program''
account totaling $1,811,124.16 appropriated by Public Law
112-10 is hereby permanently rescinded.
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 sections 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340 of title
49, United States Code, section 20005(b) of MAP-21 (Public
Law 112-141), and section 3006(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94),
$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
sections 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5334, 5335, 5337, 5339, and 5340 of title 49,
United States Code, section 20005(b) of MAP-21 (Public Law
112-141), and section 3006(b) of the Fixing America's Surface
Transportation Act (Public Law 114-94), 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
competitive grants under section 5339(b) of title 49, United
States Code, low or no emission grants under section 5339(c)
of such title, passenger ferry grants under section 5307(h)
of such title, bus testing facilities under section 5318 of
such title, Community Project Funding for projects and
activities eligible under chapter 53 of such title,
administrative expenses and ongoing program management
oversight as authorized under sections 5334 and 5338(c)(2) of
such title, ferry service for rural communities under section
71103 of the Infrastructure Investment and Jobs Act (Public
Law 117-58), and competitive integrated smart mobility
grants, $646,428,324, to remain available until expended:
Provided, That of the amounts made available under this
heading in this Act--
(1) $200,000,000 shall be for buses and bus facilities
competitive grants as authorized under section 5339(b) of
such title;
(2) $75,000,000 shall be for low or no emission grants as
authorized under section 5339(c) of such title: Provided,
That for amounts made available in this paragraph, the
minimum grant award shall be not less than $750,000;
(3) $20,000,000 shall be for passenger ferry grants as
authorized under section 5307(h) of such title;
(4) $2,000,000 shall be for the operation and maintenance
of the bus testing facilities selected under section 5318 of
such title: Provided, That for amounts made available in
this paragraph, the Federal cost share shall be 100 percent;
(5) $267,428,324 shall be for Community Project Funding for
the purposes, and in the amounts, specified for this account
in the table titled ``Transportation, Housing and Urban
Development Incorporation of Community Project Funding
Items'' included in the report accompanying this 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) $2,000,000 shall be for administrative expenses and
ongoing program management oversight as authorized under
sections 5334 and 5338(c)(2) of title 49, United States Code,
including for administering amounts made available for
Community Project Funding in paragraph (5) under this heading
in this Act, and shall be in addition to any other
appropriations available for such purpose;
(7) $30,000,000 shall be for ferry service for rural
communities under section 71103 of the Infrastructure
Investment and Jobs Act (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; and
(8) $50,000,000 shall be for integrated smart mobility
grants to recipients eligible under sections 5307 and 5311 of
title 49, United States Code, for planning and capital
projects eligible under chapter 53 of such title that support
the adoption of innovative approaches to mobility that will
improve safety, accessibility, air-quality, and equity in
access to community services and economic opportunities:
Provided, That such innovative approaches may include changes
to service frequencies, patterns, areas of coverage, and
first and last mile options such as optimizing transit route
planning and using integrated travel planning and payment
systems; fare improvement projects; deployment of transit
ambassadors; data and systems integration; and other
activities designed to improve public transportation
services: Provided further, That the Secretary shall give
preference to projects that will improve access to jobs and
affordable housing; enhance connections to health care,
education, and food security; improve health outcomes;
address how individuals without access to advanced technology
will benefit from such innovative solutions; or include job
retention and retraining for current employees: Provided
further, That the Secretary shall award not less than 5 but
not more than 10 integrated smart mobility grants with
amounts made available in this paragraph: Provided further,
That the Secretary shall award, to not less than 3 distinct
recipients, not less than 1 such grant to a recipient
eligible under section 5307 of title 49, United States Code,
not less than 1 such grant to a recipient eligible under
section 5311 of title 49, United States Code, and not less
than 1 such grant to a recipient eligible under sections 5307
or 5311 of title 49, United States Code, that provides
commuter rail passenger transportation: Provided further,
That capital and operating expenses shall be eligible for
amounts made available in this paragraph: Provided further,
That an eligible subrecipient under section 5307 or 5311 of
title 49, United States Code, shall be eligible to be a
direct recipient: Provided further, That the Federal share
for planning and capital projects funded with amounts made
available in this paragraph shall not exceed 80 percent of
the net project cost: Provided further, That the Federal
share for operating expenses funded with amounts made
available in this paragraph shall not exceed 50 percent of
the net project cost: Provided further, That the Secretary
shall not waive requirements in section 5333 of title 49,
United States Code, for projects funded with amounts made
available in this paragraph: Provided further, That unless
otherwise specified, applicable requirements under chapter 53
of title 49, United States Code, shall apply to amounts made
available in this paragraph:
[[Page H6750]]
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, $8,000,000, 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),
$3,012,000,000, to remain available until expended:
Provided, That of the amounts made available under this
heading in this Act, $1,897,166,000 shall be available for
projects authorized under section 5309(d) of title 49, United
States Code, $40,714,000 shall be available for projects
authorized under section 5309(e) of title 49, United States
Code, $94,000,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code, and
$350,000,000 shall be available for projects authorized under
section 3005(b) of the Fixing America's Surface
Transportation Act (Public Law 114-94): 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 (Public Law 114-94):
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 (Public Law 114-
94) 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) of the Fixing America's
Surface Transportation Act (Public Law 114-94): 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
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under section 5338 of title 49, United States Code,
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 or
identified in the report accompanying 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. Of the amounts made available under the heading
``Department of Transportation--Federal Transit
Administration--Capital Investment Grants'' in this Act,
$600,000,000 shall be made available for allocation to
recipients with existing full funding grant agreements under
sections 5309(d) and 5309(e) of title 49, United States Code,
that received allocations for fiscal year 2022 and have
either (1) a capital investment grant share of 40 percent or
less; or (2) signed a full funding grant agreement between
January 20, 2017 and January 20, 2021: Provided, 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 40 percent of
the total amount in this section: Provided further, That the
Secretary shall proportionally distribute funds in excess of
such 40 percent to recipients for which the percent of funds
does not exceed 40 percent: Provided further, That a
recipient may not receive an allocation of funding under this
section if the recipient has (1) expended less than 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); and (2) expended less than 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 (Public Law 116-260),
or the American Rescue Plan Act of 2021 (Public Law 117-2):
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. 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, 2024, 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. Notwithstanding section 5302(4)(L) of title 49,
United States Code, fuel for vehicle operations, including
the cost of utilities used for the propulsion of electrically
driven vehicles, may be treated, at the option of the
recipient, as an associated capital maintenance item for
purposes of grants made under sections 5307 and 5311 of such
title in fiscal year 2023: Provided, That an amount equal to
not more than 5 percent of the total funding allocated under
sections 5307 or 5311 of such title to an urbanized area,
state, or territory in fiscal year 2023 may be obligated for
such purpose from available amounts allocated in fiscal year
2023 or prior years.
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, $41,500,000, 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: Provided further, That not more than
$1,000,000 of the unobligated balances from the amounts made
available for capital asset renewal activities under this
heading or under the heading ``Saint Lawrence Seaway
Development Corporation--Operations and Maintenance'' in any
prior Act shall be for activities pursuant to section
984(a)(12) of title 33, United States Code.
Maritime Administration
maritime security program
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.
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 the tanker security fleet program, as authorized under
chapter 534 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,
[[Page H6751]]
$192,000,000: Provided, That of the amounts made available
under this heading--
(1) $87,848,000, to remain available until September 30,
2024, shall be for the operations of the United States
Merchant Marine Academy;
(2) $11,900,000, to remain available until expended, shall
be for facilities maintenance and repair, and equipment, at
the United States Merchant Marine Academy;
(3) $6,000,000, to remain available until September 30,
2024 shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title
46, United States Code; and
(4) $14,819,000, to remain available until expended, shall
be 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, $77,700,000:
Provided, That of the amounts made available under this
heading--
(1) $30,500,000, to remain available until expended, shall
be 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, to remain available until expended, 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, including travel costs for students, faculty and
crew, the costs of the general agent, crew costs, fuel,
insurance, operational fees, and vessel hire costs, as
determined by the Secretary;
(2) $35,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration,
design of school ships, and necessary expenses to construct
infrastructure to berth such ships;
(3) $2,400,000, to remain available until September 30,
2027, shall be for the Student Incentive Program;
(4) $3,800,000, to remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2024, shall be for direct payments for State Maritime
Academies.
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
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.
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,
$300,000,000, 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 $275,000,000 shall be for coastal seaports
or Great Lakes ports: Provided further, That amounts made
available under this heading in this Act may not be used for
the purchase or installation of fully automated cargo
handling equipment or terminal infrastructure that is
designed for fully automated cargo handling equipment:
Provided further, That for the purposes of the preceding
proviso, ``fully automated cargo handling equipment'' means
cargo handling equipment that is remotely operated or
remotely monitored and does not require the exercise of human
intervention or control: Provided further, That for grants
awarded under this heading in this Act, the minimum grant
size shall be $1,000,000: Provided further, That the
proceeds of Federal credit assistance under chapter 6 of
title 23, United States Code, or chapter 224 of title 49,
United States Code, shall be considered to be part of the
non-Federal share of project costs if the loan is repayable
from non-Federal funds, unless otherwise requested.
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, $30,150,000, 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, $70,710,500, to 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), $187,800,000, to remain available until September
30, 2025, of which $29,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $151,400,000 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
[[Page H6752]]
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 the Infrastructure Investment
and Jobs Act (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, $18,000,000, 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, $690,900,000, to remain available until
September 30, 2024: Provided, That of the sums appropriated
under this heading--
(1) $97,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $126,100,000 shall be available for the Office of the
General Counsel, of which not less than $18,500,000 shall be
for the Departmental Enforcement Center;
(3) $239,566,000 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) $54,776,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $32,058,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $66,200,000 shall be available for the Office of Field
Policy and Management;
(7) $5,000,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,200,000 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.
[[Page H6753]]
program offices
For necessary salaries and expenses for Program Offices,
$1,091,200,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $285,900,000 shall be available for the Office of
Public and Indian Housing;
(2) $158,100,000 shall be available for the Office of
Community Planning and Development;
(3) $488,500,000 shall be available for the Office of
Housing, of which not less than $13,000,000 shall be for the
Office of Recapitalization;
(4) $41,600,000 shall be available for the Office of Policy
Development and Research;
(5) $105,800,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,300,000 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,
$27,042,932,000, 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 the
amounts made available under this heading are provided as
follows:
(1) $26,184,000,000 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 funds
provided under this paragraph and prior Acts 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 amounts repurposed pursuant to the
preceding proviso 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: Provided further, That
costs associated with any forgone increases in tenant rent
payments due to the implementation of rent incentives as
authorized pursuant to waivers or alternative requirements of
the Jobs-Plus initiative as described under the heading
``Self-Sufficiency Programs'' shall be renewed: Provided
further, That costs associated with any forgone increases in
tenant rent payments due to the implementation of rent
incentives as authorized pursuant to waivers or alternative
requirements of the Jobs-Plus initiative as described under
the heading ``Self-Sufficiency Programs'' shall be renewed:
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 the date of 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 $100,000,000 shall be available only: (1) 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; (2) 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); (3) for adjustments for
costs associated with HUD-Veterans Affairs Supportive Housing
(HUD-VASH) vouchers; (4) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance as a result of insufficient
funding; (5) 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; (6) 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 (7) 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.);
(2) $230,000,000 shall be 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, the family unification program under section 8(x) of the
Act, 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 of the
amounts made available under this paragraph, up to
$10,000,000 shall be available to provide public housing
agencies with enhanced vouchers for families residing in
State-assisted projects financed between 1970 and 1979 that
were subject to a use agreement under the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 (title VI
of Public Law 101-625; LIHPRHA) or the Emergency Low Income
Housing Preservation Act of 1987 (title II of Public Law 100-
242; ELIHPA) on the date the affordability protections at
such projects expire or terminate during calendar years 2022
and 2023: Provided further, That that the State housing
finance agency shall submit the request to the Secretary for
enhanced vouchers for families residing in such eligible
State-assisted projects no
[[Page H6754]]
later than the latter of 120 days prior to the expiration or
termination of affordability protections at such projects or
120 days after enactment of this Act: Provided further, That
such enhanced vouchers shall not be considered replacement
vouchers: Provided further, 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 to the extent that the
Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the
subsidy contract associated with such units to another
project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall
be recaptured and such recaptured amounts, in an amount equal
to the cost of rental assistance provided pursuant to the
previous proviso, up to the total amounts recaptured, shall
be transferred to and merged with amounts under this
paragraph: 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 United States Housing Act of 1937
(42 U.S.C. 1437f(t)): Provided further, That the Secretary
shall issue guidance to implement the previous two provisos,
including, but not limited to, requirements for defining
eligible at-risk households not later than 60 days after the
date of enactment of this 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) $2,756,932,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 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 $2,746,932,000 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) $667,000,000 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 (1) 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 (2) 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 of the amounts made available under this
paragraph, up to $5,000,000 shall be available for a pilot
program for public housing agencies that partner with
administering entities under the Projects for Assistance in
Transition from Homelessness (PATH) program as authorized by
the Stewart B. McKinney Homeless Assistance Amendments Act of
1990 or other eligible entities, as determined by the
Secretary, to assist persons with serious mental illness:
Provided further, That the amounts made available in the
preceding proviso shall be for incremental rental voucher
assistance, including project-based vouchers, under such
section 811 for non-elderly persons with serious mental
illness, and for administrative and other expenses of public
housing agencies: Provided further, That in awarding
assistance under such pilot program the Secretary may give
bonus points to public housing agencies giving preference to
individuals referred from the Coordinated Entry System (CES)
or operating a Family Self-Sufficiency program: Provided
further, That in administering such pilot program, 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 funds made
available under such pilot (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 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
$5,000,000 shall be 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 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 of
the amounts made available under this paragraph, up to
$5,000,000 may be allocated to public housing agencies
administering temporary case management and supportive
services to HUD-VASH eligible veterans that have not yet
received a referral from 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
[[Page H6755]]
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;
(7) $30,000,000 shall be made 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 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 for new incremental voucher
assistance to assist eligible youth as defined by such
section 8(x)(2)(B): 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) $1,100,000,000 shall be made available for new
incremental voucher assistance under section 8(o) of the
United States Housing Act of 1937 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));
(9) $25,000,000 shall be for mobility-related services, as
defined by the Secretary, for voucher families with children
modeled after services provided in connection with the
mobility demonstration authorized under section 235 of
division G of the Consolidated Appropriations Act, 2019 (42
U.S.C. 1437f note; Public Law 116-6): Provided, That the
Secretary shall make funding available to public housing
agencies on a competitive basis and shall give preference to
public housing agencies with higher concentrations of housing
choice voucher families with children residing in high-
poverty neighborhoods: Provided further, That the Secretary
may recapture from the public housing agencies unused
balances based on utilization of such awards and reallocate
such amounts to any other public housing agency or agencies
based on need for such mobility-related services as
identified under such competition; and
(10) the Secretary shall separately track all special
purpose vouchers funded under this heading: Provided, 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 funds
made available for new incremental voucher assistance or
renewals for the Mainstream program, the HUD-VASH program (in
consultation with the Secretary of the Department of Veterans
Affairs), and the family unification program (including the
Foster Youth to Independence program) in this and prior Acts
(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 voucher assistance in such
respective programs.
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)), $8,733,500,000, to remain available until
September 30, 2026: Provided, That the amounts made
available under this heading are provided as follows:
(1) $5,038,500,000 shall be available to the Secretary to
allocate pursuant to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations, for 2023 payments:
Provided, That the amount of any forgone increases in tenant
rent payments due to the implementation of rent incentives as
authorized pursuant to waivers or alternative requirements of
the Jobs-Plus initiative as described under the heading
``Self-Sufficiency Programs'' shall be factored into the
PHA's general operating fund eligibility pursuant to such
formula;
(2) $25,000,000 shall be available to 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) $3,400,000,000 shall be available to 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) $65,000,000 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 $45,000,000 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 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 United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) for purposes of section 26
of such 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: Provided further, That amounts made
available under this paragraph may be used for competitive
grants to public housing agencies that improve water and
energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards;
(6) $15,000,000 shall be 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;
[[Page H6756]]
(7) $50,000,000 shall be to support ongoing public housing
financial and physical assessment activities;
(8) $75,000,000 shall be available to improve the energy or
water efficiency or climate resilience of public housing,
including for competitive grants to public housing agencies
for capital improvements to achieve such purposes: Provided,
That of the amounts made available under this paragraph, up
to $20,000,000, shall be available for utility benchmarking,
including research and evaluations, technical assistance, to
develop systems and tools necessary to collect and analyze
PHA utility benchmarking data, to remain available until
September 30, 2026: Provided further, That for purposes of
environmental review, grants under this paragraph shall be
considered funds for projects or activities under title I of
the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) for purposes of section 26 of such Act (42 U.S.C.
1437x) and shall be subject to the regulations implementing
such section:
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 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, $450,000,000, 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 the Secretary may specify a period of affordability that
is less than 20 years with respect to owner-occupied
homeownership units developed with grants from amounts made
available under this heading: 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 $225,000,000
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 the amounts made available
under this heading are provided as follows:
(1) $125,000,000 shall be 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: Provided, That the Secretary may, by Federal
Register notice, waive or specify alternative requirements
under subsections (b)(3), (b)(4), (b)(5), or (c)(1) of
section 23 of such Act in order to facilitate the operation
of a unified self-sufficiency program for individuals
receiving assistance under different provisions of such Act,
as determined by the Secretary: Provided further, That an
owner or sponsor of a multifamily property receiving project-
based rental assistance under section 8 of such Act shall be
eligible to receive awards from the Secretary under this
paragraph in this and prior Acts to support family self-
sufficiency coordinators as established in the final rule
``Streamlining and Implementation of Economic Growth,
Regulatory Relief, and Consumer Protection Act Changes to
Family Self-Sufficiency (FSS) Program'' published in the
Federal Register on May 17, 2022 (87 Fed. Reg. 30020):
Provided further, That owners or sponsors of a multifamily
property receiving project-based rental assistance under
section 8 of such Act may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such
property in accordance with procedures established by the
Secretary: Provided further, That such procedures
established pursuant to the preceding proviso shall permit
participating tenants to accrue escrow funds in accordance
with section 23(d)(2) of such Act and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program;
(2) $35,000,000 shall be 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 made available for grant renewal for the Resident
Opportunity and Self-Sufficiency program for any public
housing agency or owner of a multifamily property receiving
project-based rental assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) that lost any
amount of funding for the Resident Opportunity and Self-
Sufficiency program as a result of participation in the
program created 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 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 or owners or sponsors of multifamily properties
receiving project-based rental assistance under section 8,
that, in partnership with 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 provide support to help public housing
residents, or tenants residing in units assisted under a
project-based section 8 contract (including section 8(o)(13)
of the United States Housing Act of 1937), obtain employment
or increase earnings, or both: 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: Provided further, That the costs of any rent
incentives as authorized pursuant to such waivers or
alternative requirements shall not be charged against the
competitive grant amounts made available under this
paragraph.
native american programs
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,
$1,000,000,000, to remain available until September 30, 2027:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $772,000,000 shall be 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
[[Page H6757]]
later than 60 days after the date of enactment of this Act;
(2) $150,000,000 shall be 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 amounts in prior Acts may
also be used for the necessary costs of administering and
overseeing such amounts;
(3) $1,000,000 shall be 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;
(4) $70,000,000 shall be 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 purposes, shall be 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
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 costs 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.
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.), $10,000,000, 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.
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, to remain available
until September 30, 2024, in total loan principal: 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.), $600,000,000, 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 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, $5,299,157,664,
to remain available until September 30, 2026, unless
otherwise specified: Provided, That of the total amount
provided under this heading, $3,300,000,000 is 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 further, That unless explicitly provided
for under this heading, not to exceed 20 percent of any grant
made with funds made available under this heading 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
heading 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
heading 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: Provided further, That of the total amount provided
under this heading, $25,000,000 shall be for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided further, That
the funds allocated pursuant to the preceding proviso shall
not adversely affect the amount of any formula assistance
received by a State under the first proviso: 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 2019 based on data from the Centers for Disease
Control and Prevention: Provided further, That of the total
amount made available under this heading, $1,974,157,664
shall be available for grants for the Economic Development
Initiative (EDI) for the purposes, and in amounts, specified
for Community Project Funding in the table titled
``Transportation, Housing and Urban Development Incorporation
of Community Project Funding Items'' included in the report
accompanying this Act: Provided further, That none of the
amounts made available in the preceding proviso shall be used
for reimbursement of expenses incurred prior to the
obligation of funds: Provided further, That the Department
of Housing and Urban Development shall notify grantees of
their formula allocation within 60 days of enactment of this
Act: Provided further, That for fiscal year 2023 section
105(a)(8) of the Act (42 U.S.C. 5305(a)(8)) and section
570.201(e) of title 24, Code of Federal Regulations, shall
not apply for public services activities to prevent, prepare
for, and respond to homelessness and emergency rental
assistance needs.
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: Provided
further, That $60,000,000, to remain available until
September 30, 2025, shall be for competitive economic
development grants, as authorized by section 108(q) of the
Housing and Community Development Act of 1974, as amended,
for projects that improve community resilience by supporting
distributed clean energy plus storage, flood-control
infrastructure, or redevelopment of brownfields or
grayfields, such as foreclosed, vacant, contaminated,
abandoned, or blighted properties, obsolete manufactured
housing, vacant shopping malls, landfills, or otherwise
underutilized commercial or industrial properties: Provided
further, That no funds made available under this heading may
be used to establish loan loss
[[Page H6758]]
reserves for the section 108 Community Development Loan
Guarantee program: Provided further, That amounts made
available under this heading may be used for the payment of
costs associated with private sector financing of debt
obligations and fees collected in connection with the section
108 Community Development Loan Guarantee program.
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.),
$1,675,000,000, to remain available until September 30, 2026:
Provided, That of the amount made available under this
heading, up to $50,000,000 shall be for awards to States and
insular areas for assistance to homebuyers as authorized
under section 212(a)(1) of such Act (42 U.S.C. 12742(a)(1)),
in addition to amounts made otherwise available for such
purpose: Provided further, That amounts made available under
the preceding proviso shall be allocated in the same manner
as other amounts made available under this heading, except
that amounts that would have been reserved and allocated to
units of general local government within the State pursuant
to section 217 of such Act (42 U.S.C. 12747) shall be
provided to the State: Provided further, That the Secretary
may waive or specify alternative requirements for any
provision of such Act in connection with the use of amounts
made available under the preceding two provisos (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment) upon a finding that any
such waivers or alternative requirements are necessary to
expedite or facilitate the use of amounts awarded pursuant to
the preceding provisos: Provided further, That
notwithstanding section 231(b) of such Act (24 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 not later than
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.), $500,000,000, 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 and Tribally designated housing
entities, or other entities approved by the Secretary:
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, $50,000,000 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 the amounts made available under this heading
are provided as follows:
(1) $12,500,000 shall be for the Self-Help Homeownership
Opportunity Program as authorized under such section 11;
(2) $45,000,000 shall be 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; and
(3) $5,000,000 shall be 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.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.),
$3,604,000,000, to remain available until September 30, 2025:
Provided, That of the amounts made available under this
heading--
(1) $290,000,000 shall be 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) $3,200,000,000 shall be 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 for fiscal year 2023 the
Secretary may establish by notice an alternative maximum
amount for administrative costs related to the requirements
described in paragraphs (1) and (2) of section 402(f) of
subtitle A of such title IV of 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
$75,000,000 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
heading in this Act and any remaining unobligated balances
from 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 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; and
(4) $107,000,000 shall be 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
[[Page H6759]]
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:
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.) (in this heading ``the
Act''), not otherwise provided for, $14,540,000,000, 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
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
the amount of any forgone increases in tenant rent payments
due to the implementation of rent incentives as authorized
pursuant to waivers or alternative requirements of the Jobs-
Plus initiative as described under the heading ``Self-
Sufficiency Programs'' shall be factored into housing
assistance payments under project-based subsidy contracts:
Provided further, That of the total amounts made available
under this heading, not to exceed $375,000,000 shall be for
performance-based contract administrators or contractors 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 or contractors 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 or contractors,
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 under this heading for uses
authorized under this heading: Provided further, That of the
total amounts made available under this heading, not to
exceed $250,000,000 shall be available for rent adjustments
authorized under section 515(d) of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (as added by
section 234(a) of this Act): Provided further, That of the
total amounts made available under this heading, not to
exceed $25,000,000 shall be available for adjustments under
section 524(h) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (as added by section 234(b) of this
Act) necessary to address health and safety deficiencies:
Provided further, That up to 2 percent of the total amounts
made available in the preceding two provisos shall be for
administrative contract costs, including for carrying out due
diligence and underwriting functions for evaluating owners'
requests and for technical assistance activities: Provided
further, That of the total amounts made available under this
heading, not to exceed $31,000,000 shall be available for
budget based adjustments for service coordinators for the
elderly: Provided further, That any additional amounts for
rent adjustments or supplemental contract funding authorized
under the preceding four provisos shall be combined with
other amounts obligated to such contracts and the combined
total amount shall be available for all purposes under such
contracts.
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,
$1,200,000,000 to remain available until September 30, 2026:
Provided, That of the amount made available under this
heading, up to $125,000,000 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
[[Page H6760]]
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, $400,000,000, 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, $70,000,000, 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
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 $33,500,000, 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, $160,000,000, 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,
[[Page H6761]]
and may select unfunded or partially funded eligible
applicants identified in the previous competition: 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), $86,000,000, 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, $1,000,000 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,
$415,000,000, 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) $10,000,000 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
elderly homeowners to enable them to remain in their primary
residence: Provided, That of the total amount made available
under this subparagraph no less than $3,000,000 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) $30,000,000 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 paragraphs (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, $382,000,000, to
remain available until September 30, 2025, of which up to
$16,746,000 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, $140,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel and acquisition 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 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. Section 7 of the Department of Housing and Urban
Development Act (42 U.S.C. 3535)
[[Page H6762]]
is amended by adding at the end the following new subsection:
``(u)(1) Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
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).
``(2) Corporations and agencies of the Department of
Housing and Urban Development which are subject to chapter 91
of title 31, United States Code, 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 9104 of such title as may be necessary in
carrying out the programs set forth in the budget 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 an
appropriations Act (unless such loans are in support of other
forms of assistance provided for in 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. 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. 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. 207. 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. 208. (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. The Secretary shall publish by notice in the
Federal Register the terms and conditions, including criteria
for approval by the Department of Housing and Urban
Development, of transfers pursuant to this section no later
than 30 days before the effective date of such notice.
Sec. 209. (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.
[[Page H6763]]
Sec. 210. 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. 211. 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. 212. 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. 213. 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. 214. 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. 215. 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 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. 216. 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. 217. 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. 218. (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 shall
take one or more of the following actions, and provide
additional notice of those actions to the owner and the
parties specified above--
(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 and informed consent of the affected
tenants and use of other remedies set forth above. 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 property level 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 property level 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
[[Page H6764]]
this Act, and the second report shall be submitted within 180
days of the transmittal of the first report.
Sec. 219. 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. 220. 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. 221. 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. 222. 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. 223. 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. 224. 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. 225. 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. 226. (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. 227. 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. 228. 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. 229. 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. 230. 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. 231. (a) 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.
(b) Funds previously made available in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the ``Choice
Neighborhoods Initiative'' that were available for obligation
through fiscal year 2019 are to remain available through
fiscal year 2025 for the liquidation of valid obligations
incurred in fiscal years 2017 through 2019.
(c) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the
``Choice Neighborhoods Initiative'' that were available for
obligation through fiscal year 2020 are to remain available
through fiscal year 2026 for the liquidation of valid
obligations incurred in fiscal years 2018 through 2020.
(d) Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for the ``Choice
Neighborhoods Initiative'' that were available for obligation
through fiscal year 2021 are to remain available through
fiscal year 2027 for the liquidation of valid obligations
incurred in fiscal years 2019 through 2021.
(e) Funds previously made available in the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94) for
the ``Choice Neighborhoods Initiative'' that were available
for obligation through fiscal year 2022 are to remain
available through fiscal year 2028 for the liquidation of
valid obligations incurred in fiscal years 2020 through 2022.
(f) Funds previously made available in the Consolidated
Appropriations Act, 2021 (Public Law 116-260) for the
``Choice Neighborhoods Initiative'' that were available for
obligation through fiscal year 2023 are to remain available
through fiscal year 2029 for the liquidation of valid
obligations incurred in fiscal years 2021 through 2023.
Sec. 232. For fiscal year 2023, if the Secretary
determines or has determined, for any prior formula grant
allocation administered by the Secretary under a program
under the headings ``Public and Indian Housing'', ``Community
Planning and Development'', or ``Housing Programs'' in this
title, 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 formula:
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 a
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. 233. (a) Amounts made available in paragraphs (1) and
(2) under the heading ``Native American Programs'' in title
XII of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) which were
allocated or awarded to Indian tribes or tribally designated
housing entities, and which are not accepted as of the date
of enactment of this Act, are voluntarily returned, or
otherwise recaptured for any reason, may be used by the
Secretary to make additional grants for the same purpose and
under the same terms and conditions as amounts appropriated
by section 11003(a)(2) of the American Rescue Plan Act of
2021 (Public Law 117-2).
(b) Amounts repurposed 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. 234. The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
[[Page H6765]]
(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
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.'';
(b) in section 524, by adding at the end the following new
subsection:
``(h) Rent Adjustments to Address Distress.--In the case of
a section 8 contract that will be eligible for renewal under
this section when it expires or terminates, notwithstanding
any provision of contract or law regarding the adjustment of
rents, including such a provision in this section, the
Secretary may adjust such rents, subject to the availability
of funds for such rent adjustments, to rent levels that are
equal to the lesser of budget-based rents or comparable
market rents for the market area at the request of an owner
or purchaser who demonstrates that such rent adjustment is
needed to address project health and safety deficiencies and
that--
``(1) project income is insufficient to operate and
maintain the project, and no rehabilitation is currently
needed, as determined by the Secretary; or
``(2) the rent adjustment 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
(c) in section 579, by striking ``October 1, 2022'' each
place it appears and inserting in lieu thereof ``October 1,
2027''.
Sec. 235. Of the amounts made available under the heading
``Project-Based Rental Assistance'' in prior Acts, up to
$1,300,000 may be transferred to Treasury Account 86-X-0148
for the liquidation of obligations incurred in fiscal year
2018 in connection with the continued provision of interest
reduction payments authorized under section 236 of the
National Housing Act (12 U.S.C. 1715z-1).
Sec. 236. (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) Notwithstanding any other provision of law, in the case
of any grantee of funds referred to in subsection (a) of this
section that provides assistance that duplicates benefits
available to a person for the same purpose from another
source, the grantee itself shall--
(1) be subject to remedies for noncompliance; or
(2) bear responsibility for absorbing such cost of
duplicative benefits and returning an amount equal to any
duplicative benefits paid to the grantee's funds available
for use under such heading, unless the Secretary, upon the
request of a grantee issues a public determination by
publication in the Federal Register that it is not in the
best interest of the Federal Government to pursue such
remedies.
(c) Notwithstanding any other provision of law, any grantee
of funds referred to in subsection (a) of this section may
request a waiver from the Secretary of Housing and Urban
Development of any recoupment by the Secretary of such funds
for amounts owed by persons who have received such assistance
from such funds and who have been defrauded, or after
receiving assistance, have filed for bankruptcy, gone through
a foreclosure procedure on property that received such
assistance, or are deceased. If the grantee self-certifies to
the Secretary in such request that it has verified that the
individual conditions of each person it is requesting a
waiver for meets one of the conditions specified in the
preceding sentence, the Secretary may grant such waivers on
the basis of grantee self-certification, issue a public
determination by publication in the Federal Register that it
is not in the best interest of the Federal Government to
pursue such recoupment, and may conduct oversight to verify
grantee self-certification and subject the grantee to
remedies for noncompliance for any amounts that have not met
such requirements.
(d) 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. 237. None of the funds made available to the
Department of Housing and Urban Development by this or any
other Act may be used to implement, administer, enforce, or
in any way make effective the proposed rule entitled
``Housing and Community Development Act of 1980: Verification
of Eligible Status'', issued by the Department of Housing and
Urban Development on May 10, 2019 (Docket No. FR-6124-P-01),
or any final rule based substantially on such proposed rule.
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.
[[Page H6766]]
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), $185,000,000.
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, $42,029,000: Provided, That of the
amounts made available under this heading, not less than
$1,000,000 shall be for the necessary salaries and expenses
to implement section 22309 of the Infrastructure Investment
and Jobs Act (Public Law 117-58), and for other activities as
appropriate as determined by the Surface Transportation
Board: Provided further, 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 $40,779,000.
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,
$4,580,000.
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 report accompanying this 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 report accompanying this 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
[[Page H6767]]
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. Within the amounts appropriated in this Act,
funding shall be allocated in the amounts specified for those
projects and purposes delineated in the table titled
``Transportation, Housing and Urban Development Incorporation
of Community Project Funding Items'' included in the report
accompanying this Act.
Sec. 418. 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. 419. (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.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2023''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$69,845,000, of which not to exceed $8,432,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,396,000 shall be available for the Office of
Homeland Security; not to exceed $5,190,000 shall be
available for the Office of Tribal Relations; not to exceed
$11,287,000 shall be available for the Office of Partnerships
and Public Engagement, of which $1,500,000 shall be for 7
U.S.C. 2279(c)(5); not to exceed $28,822,000 shall be
available for the Office of the Assistant Secretary for
Administration, of which $27,116,000 shall be available for
Departmental Administration to provide for necessary expenses
for management support services to offices of the Department
and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds
made available by this Act to an agency in the Administration
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office; not to
exceed $4,609,000 shall be available for the Office of
Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch; and not to
exceed $10,109,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading
for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under
this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall
be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available under this
heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from
the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of
Congress on the allocation of these funds by USDA agency:
Provided further, That during any 30 day notification period
referenced in section 716 of this Act, the Secretary of
Agriculture shall take no action to begin implementation of
the action that is subject to section 716 of this Act or make
any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $30,181,000, of which $8,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155: Provided, That of the amounts made available
under this heading, $500,000 shall be available to carry out
section 224 of subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $16,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $93,284,000, of which not less than
$77,428,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $9,559,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $1,466,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$37,595,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $68,858,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$8,581,000, to remain available until expended: Provided,
That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security,
and Protection, $21,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $111,061,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law
[[Page H6768]]
95-452; 5 U.S.C. App.) and section 1337 of the Agriculture
and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $62,137,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $5,556,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $3,384,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office: Provided further, That of the
amounts made available under this heading, $2,000,000 shall
be made available for the Office of the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$90,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $211,023,000, of which up to $66,361,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,737,629,000: Provided, That appropriations hereunder shall
be available for the operation and maintenance of aircraft
and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one
building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except
for 10 buildings to be constructed or improved at a cost not
to exceed $1,100,000 each, and except for four buildings to
be constructed at a cost not to exceed $5,000,000 each, and
the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building or $500,000, whichever is greater: Provided
further, That appropriations hereunder shall be available for
entering into lease agreements at any Agricultural Research
Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $57,305,000 to
remain available until expended, of which $25,900,000 shall
be for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding'' in
the report accompanying this Act.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $1,142,021,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions,
Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, grants management systems,
tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended:
Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than
$1,000,000: Provided further, That funds for education grants
for Alaska Native and Native Hawaiian-serving institutions be
made available to individual eligible institutions or
consortia of eligible institutions with funds awarded equally
to each of the States of Alaska and Hawaii: Provided further,
That funds for providing grants for food and agricultural
sciences for Alaska Native and Native Hawaiian-Serving
institutions and for Insular Areas shall remain available
until September 30, 2024: Provided further, That funds for
education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7
U.S.C. 3221 and 3222: Provided further, That not more than 5
percent of the amounts made available by this or any other
Act to carry out the Agriculture and Food Research Initiative
under 7 U.S.C. 3157 may be retained by the Secretary of
Agriculture to pay administrative costs incurred by the
Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $586,502,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act:
Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law
93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$39,500,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
report accompanying this Act: Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2024: Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,617,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $1,164,209,000,
of which $530,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $15,950,000, to remain
available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt
retirement for active eradication zones; of which
$39,183,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $4,096,000 shall
be for activities under the authority of the Horse Protection
Act of 1970, as amended (15 U.S.C. 1831); of which
$64,930,000, to remain available until expended, shall be
used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $219,698,000, to remain available
until expended, shall be for specialty crop pests; of which,
$14,986,000, to remain available until expended, shall be for
field crop and rangeland ecosystem pests; of which
$24,067,000, to remain available until expended, shall be for
zoonotic disease management; of which $44,117,000, to remain
available until expended, shall be for emergency preparedness
and response; of which $62,562,000, to remain available until
expended, shall be for tree and wood pests; of which
$6,528,000, to remain available until expended, shall be for
the National Veterinary Stockpile; of which up to $1,500,000,
to remain available until expended, shall be for the scrapie
program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage
management program for aviation
[[Page H6769]]
safety: Provided, That of amounts available under this
heading for wildlife services methods development, $1,000,000
shall remain available until expended: Provided further, That
of amounts available under this heading for the screwworm
program, $4,990,000 shall remain available until expended; of
which $24,527,000, to remain available until expended, shall
be used to carry out the science program and transition
activities for the National Bio and Agro-defense Facility
located in Manhattan, Kansas: Provided further, That no funds
shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not
require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be
available for the purchase, replacement, operation, and
maintenance of aircraft: Provided further, That in addition,
in emergencies which threaten any segment of the agricultural
production industry of the United States, the Secretary may
transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious
disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C.
7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2023, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $242,913,000, of which $7,504,000 shall be available
for the purposes of section 12306 of Public Law 113-79:
Provided, That of the amounts made available under this
heading, $25,000,000, to remain available until expended,
shall be to carry out section 12513 of Public Law 115-334:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701), except for the cost of activities relating to
the development or maintenance of grain standards under the
United States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $21,501,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $1,117,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,180,364,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided,
That funds provided for the Public Health Data Communication
Infrastructure system shall remain available until expended:
Provided further, That no fewer than 148 full-time equivalent
positions shall be employed during fiscal year 2023 for
purposes dedicated solely to inspections and enforcement
related to the Humane Methods of Slaughter Act (7 U.S.C. 1901
et seq.): Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,727,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $257,684,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,229,396,000: Provided, That not more than 50 percent of
the funding made available under this heading for information
technology related to farm program delivery may be obligated
until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives
written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for
the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and
(c) key milestones to be met; (2) demonstrates that each
project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and
guidance, and (c) subject to the applicable Department's
capital planning and investment control requirements; and (3)
has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses
of Congress: Provided further, That the agency shall submit a
report by the end of the fourth quarter of fiscal year 2023
to the Committees on Appropriations of both Houses of
Congress and the Government Accountability Office, that
identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current
performance against a pre-established cost baseline, (d) a
detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment
of whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of
the Commodity Credit Corporation to make program payments for
all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account:
Provided further, That of the amount appropriated under this
heading, $696,594,000 shall be made available to county
committees, to remain available until expended: Provided
further, That, notwithstanding the preceding proviso, any
funds made available to county committees in the current
[[Page H6770]]
fiscal year that the Administrator of the Farm Service Agency
deems to exceed or not meet the amount needed for the county
committees may be transferred to or from the Farm Service
Agency for necessary expenses: Provided further, That none of
the funds available to the Farm Service Agency shall be used
to close Farm Service Agency county offices: Provided
further, That none of the funds available to the Farm Service
Agency shall be used to permanently relocate county based
employees that would result in an office with two or fewer
employees without prior notification and approval of the
Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$7,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided, That
such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement
payments to geographically disadvantaged farmers and ranchers
under section 1621 of the Food Conservation, and Energy Act
of 2008 (7 U.S.C. 8792), $3,000,000, to remain available
until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), relending program
(7 U.S.C. 1936c), and Indian highly fractionated land loans
(25 U.S.C. 5136) to be available from funds in the
Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans
and $1,633,333,000 for direct operating loans; emergency
loans, $4,062,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $61,426,000; Indian highly fractionated
land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows:
$249,000 for emergency loans, to remain available until
expended; and $23,520,000 for direct farm operating loans,
$11,228,000 for unsubsidized guaranteed farm operating loans,
$10,983,000 for the relending program, and $894,000 for
Indian highly fractionated land loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,461,000:
Provided, That of this amount, $305,803,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$75,443,000; of which $4,500,000 shall be available to
conduct research and development and carry out contracting
and partnerships as described under subsections 522(c) and
(d) of the Federal Crop Insurance Act, as amended (7 U.S.C.
1522(c) and (d)), in addition to amounts otherwise provided
for such purposes: Provided, That $1,000,000 of the amount
appropriated under this heading in this Act shall be
available for compliance and integrity activities required
under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
amounts otherwise provided for such purpose: Provided
further, That not to exceed $1,000 shall be available for
official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $1,023,777,000, to remain available
until September 30, 2024, of which up to $22,973,000 shall be
for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding'' in
the report accompanying this Act: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that
the cost of alterations and improvements to other buildings
and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are
erected on non-Federal land, that the right to use such land
is obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $95,000,000, to remain
available until expended: Provided, That for funds provided
by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two
hundred and fifty thousand acres in which such activities can
be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural
and land treatment measures): Provided further, That of the
amounts made available under this heading, $10,000,000 shall
be allocated to projects and activities that can commence
promptly following enactment; that address regional
priorities for flood prevention, agricultural water
management, inefficient irrigation systems, fish and wildlife
habitat, or watershed protection; or that address authorized
ongoing projects under the authorities of section 13 of the
Flood Control Act of December 22, 1944 (Public Law 78-534)
with a primary purpose of watershed protection by preventing
floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $5,000,000 is provided.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests
Reserve Program under the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6571-6578), $10,000,000, to remain available
until expended.
urban agriculture and innovative production
For necessary expenses to carry out the Urban Agriculture
and Innovative Production Program under section 222 of
subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6923), as added by section 12302 of
Public Law 115-334, $13,500,000.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the
Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $15,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
[[Page H6771]]
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,620,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $401,976,000: Provided, That of the amount made
available under this heading, up to $5,000,000, to remain
available until September 30, 2024, shall be for the Rural
Partners Network activities of the Department of Agriculture,
and may be transferred to other agencies of the Department
for such purpose, consistent with the missions and
authorities of such agencies: Provided further, That
notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising
and promotional activities that support Rural Development
programs: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i)
of the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts
collected under such section, as amended by this Act, will
immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $1,500,000,000 shall be for
direct loans, $12,000,000 shall be for a single family
housing relending demonstration program for Native American
Tribes, and $30,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair
loans; $150,000,000 for section 515 rental housing;
$300,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $55,650,000 shall be for direct loans; $3,948,000
shall be for a single family housing relending demonstration
program for Native American Tribes; section 504 housing
repair loans, $2,324,000; section 523 self-help housing land
development loans, $267,000; section 524 site development
loans, $208,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $28,665,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2023: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, $40,000,000, to
remain available until expended, for a demonstration program
for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to
restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or re-amortizing loan debt; and other
financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided, That the Secretary shall, as part of the
preservation and revitalization agreement, obtain a
restrictive use agreement consistent with the terms of the
restructuring: Provided further, That any balances, including
obligated balances, available for all demonstration programs
for the preservation and revitalization of sections 514, 515,
and 516 multi-family rental housing properties in the
``Multi-Family Housing Revitalization Program Account'' shall
be transferred to and merged with this account, and shall
also be available for the preservation and revitalization of
sections 514, 515, and 516 multi-family rental housing
properties, including the restructuring of existing USDA
multi-family housing loans: Provided further, That following
the transfer of balances described in the preceding proviso,
any adjustments to obligations for demonstration programs for
the preservation and revitalization of sections 514, 515, and
516 multi-family rental housing properties that would
otherwise be incurred in the ``Multi-Family Housing
Revitalization Program Account'' shall be made in this
account from amounts transferred to this account under the
preceding proviso.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $18,126,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the Farm
Labor Program Account shall be transferred to and merged with
this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,493,926,000, of which $40,000,000 shall be available
until September 30, 2024; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That of the
amounts made available under this heading, not less than
$8,000,000 shall be available for newly constructed units
financed under section 514 and 516 of the Housing Act of
1949: Provided further, That upon request by an owner of a
project financed by an existing loan under section 514 or 515
of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided
further, That any unexpended balances remaining at the end of
such one-year agreements may be transferred and used for
purposes of any debt reduction, maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2023 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act:
Provided further, That except as provided in the fifth
proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to
fiscal year 2023 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured
funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, $38,000,000, to remain
available until expended: Provided, That the funds made
available under this heading shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided
further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided
further, That funds made available for such vouchers shall be
subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum
extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section
8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided
further, That in addition to any other available funds, the
Secretary may expend not more than $1,000,000 total, from the
program funds made available under this heading, for
administrative expenses for activities funded under this
heading.
[[Page H6772]]
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $33,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $48,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,800,000,000 for direct loans and
$650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural
community facilities programs as authorized by section 306
and described in section 381E(d)(1) of the Consolidated Farm
and Rural Development Act, $194,865,000, to remain available
until expended, of which up to $126,865,000 shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Community Project Funding'' in the report
accompanying this Act: Provided, That $8,000,000 of the
amount appropriated under this heading shall be available for
a Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds
from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That any unobligated balances from prior
year appropriations under this heading for the cost of direct
loans, loan guarantees and grants, including amounts
deobligated or cancelled, may be made available to cover the
subsidy costs for direct loans and or loan guarantees under
this heading in this fiscal year: Provided further, That no
amounts may be made available pursuant to the preceding
proviso from amounts that were designated by the Congress as
an emergency requirement pursuant to a Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, or that were specified in the table
titled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement for Division A of
Public Law 117-103 described in section 4 in the matter
preceding such division A: Provided further, That $10,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$88,800,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $9,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), and the Appalachian Regional Commission (40 U.S.C.
14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided
further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to funds made available
under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $3,313,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $331,000 shall be available through June 30,
2023, for Federally Recognized Native American Tribes; and of
which $663,000 shall be available through June 30, 2023, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313B(a) of the Rural Electrification Act, for
the purpose of promoting rural economic development and job
creation projects, $50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $27,600,000, of which
$2,800,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $16,000,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 210A of the Agricultural Marketing Act of 1946, of
which $3,000,000, to remain available until expended, shall
be for Agriculture Innovation Centers authorized pursuant to
section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans authorized by
section 379E of the Consolidated Farm and Rural Development
Act (U.S.C. 2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the cost of a program of loan guarantees and grants,
under the same terms and conditions as authorized by section
9007 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107), $10,045,000: Provided, That the cost of loan
guarantees, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974.
healthy food financing initiative
For the cost of loans and grants that is consistent with
section 243 of subtitle D of title II of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as
added by section 4206 of the Agricultural Act of 2014, for
necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to
create and preserve quality jobs, and to revitalize low-
income communities, $5,000,000, to remain available until
expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(2) of the Consolidated Farm and
Rural Development Act, as follows: $1,450,000,000 for direct
loans; and $50,000,000 for guaranteed loans.
For the cost of loan guarantees and grants, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural water, waste
water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development
Act, $685,072,000, to remain available until expended, of
which not to exceed $1,000,000 shall be available for the
rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $5,000,000 shall be
available for the rural utilities program described in
section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading
shall be for grants authorized by section 306A(i)(2) of the
Consolidated Farm and Rural Development Act in addition to
funding authorized by section 306A(i)(1) of such Act:
Provided further, That $70,000,000 of the amount appropriated
under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for
[[Page H6773]]
training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided
further, That not to exceed $37,500,000 of the amount
appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant
to section 306(a)(14) of such Act, unless the Secretary makes
a determination of extreme need, of which $8,500,000 shall be
made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with
experience in working with small communities on water and
waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be
for a qualified national Native American organization to
provide technical assistance for rural water systems for
tribal communities: Provided further, That not to exceed
$20,762,000 of the amount appropriated under this heading
shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That not to exceed $4,000,000 of the amounts made
available under this heading shall be for solid waste
management grants: Provided further, That $10,000,000 of the
amount appropriated under this heading shall be transferred
to, and merged with, the Rural Utilities Service, High Energy
Cost Grants Account to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That any prior year balances for
high-energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be
transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account: Provided further, That not
to exceed $6,810,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate
for water and waste direct one percent loans for distressed
communities: Provided further, That if the Secretary
determines that any portion of the amount made available for
one percent loans is not needed for such loans, the Secretary
may use such amounts, for grants authorized by section
306(a)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That if any funds made available for the
direct loan subsidy costs remain unobligated after July 31,
2024, such unobligated balances may be used for grant
programs funded under this heading: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 4, 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 904, 935, 936, and
940g) shall be made as follows: loans made pursuant to
section 306, guaranteed electric loans, $2,167,000,000; loans
made pursuant to sections 4, notwithstanding 4(c)(2), of that
Act, and 317, notwithstanding 317(c), of that Act, cost-of-
money direct loans, $4,333,000,000; loans made pursuant to
section 313A of that Act, guaranteed underwriting loans,
$800,000,000; and for loans made pursuant to section
305(d)(2) of that Act, cost of money telecommunications
loans, $690,000,000.
For the cost of direct loans as authorized by section
305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
935(d)(2)), including the cost of modifying loans, as defined
in section 502 of the Congressional Budget Act of 1974, cost
of money rural telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until
expended, to carry out section 6407 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That
the energy efficiency measures supported by the funding in
this paragraph shall contribute in a demonstrable way to the
reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$60,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided
under this heading for grants under section 379G of the
Consolidated Farm and Rural Development Act may only be
provided to entities that meet all of the eligibility
criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $2,000,000, to
remain available until expended: Provided, That the cost of
direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
For the broadband loan and grant pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et
seq.), $465,513,000, to remain available until expended, of
which up to $15,513,000 shall be for the purposes, and in the
amounts, specified for this account in the table titled
``Community Project Funding'' in the report accompanying this
Act: Provided, That the Secretary may award grants described
in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying
out such pilot program: Provided further, That the cost of
direct loans shall be defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That at
least 90 percent of the households to be served by a project
receiving a loan or grant under the pilot program shall be in
a rural area without sufficient access to broadband: Provided
further, That for purposes of such pilot program, a rural
area without sufficient access to broadband shall be defined
as twenty-five megabytes per second downstream and three
megabytes per second upstream: Provided further, That to the
extent possible, projects receiving funds provided under the
pilot program must build out service to at least one hundred
megabytes per second downstream, and twenty megabytes per
second upstream: Provided further, That an entity to which a
loan or grant is made under the pilot program shall not use
the loan or grant to overbuild or duplicate broadband service
in a service area by any entity that has received a broadband
loan from the Rural Utilities Service unless such service is
not provided sufficient access to broadband at the minimum
service threshold: Provided further, That not more than four
percent of the funds made available in this paragraph can be
used for administrative costs to carry out the pilot program
and up to three percent of funds made available in this
paragraph may be available for technical assistance and pre-
development planning activities to support the most rural
communities: Provided further, That the Rural Utilities
Service is directed to expedite program delivery methods that
would implement this paragraph: Provided further, That for
purposes of this paragraph, the Secretary shall adhere to the
notice, reporting and service area assessment requirements
set forth in section 701 of the Rural Electrification Act (7
U.S.C. 950cc).
In addition, $35,000,000, to remain available until
expended, for the Community Connect Grant Program authorized
by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $1,376,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $28,619,957,000 to
remain available through September 30, 2024, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$20,162,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$21,005,000 shall be available to carry out studies and
evaluations and shall remain available until expended:
Provided further, That of the total amount available,
$12,000,000 shall remain available until expended to carry
out section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)): Provided further, That
notwithstanding section 18(g)(3)(C) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the
total grant amount provided to a farm to school grant
recipient in fiscal year 2023 shall not exceed $500,000:
Provided further, That of the total amount available,
$40,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That of the total amount available,
$50,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That of the total
amount available, $10,000,000 shall be available until
September 30, 2024 to carry out section 23 of the Child
Nutrition Act of 1966 (42 U.S.C. 1793), of which $2,000,000
shall be for grants under such section to the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, and American
Samoa: Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is
amended in the first sentence by striking ``2010 through
2023'' and inserting ``2010 through 2024'': Provided further,
That section 9(h)(3) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the
first sentence by striking ``For fiscal year 2022'' and
inserting ``For fiscal year 2023'': Provided further, That
section 9(h)(4) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the first
sentence by striking ``For fiscal year 2022'' and inserting
``For fiscal year 2023''.
[[Page H6774]]
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,000,000,000, to remain available through September 30,
2024: Provided, That notwithstanding section 17(h)(10) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less
than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000
shall be used for infrastructure: Provided further, That the
Secretary shall use funds made available under this heading
to increase the amount of a cash-value voucher for women and
children participants to an amount recommended by the
National Academies of Science, Engineering and Medicine and
adjusted for inflation: Provided further, That none of the
funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $111,180,895,000, of
which $3,000,000,000, to remain available through September
30, 2025, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That of the funds made available under this heading,
$3,000,000, to remain available until September 30, 2024,
shall be used to carry out section 4003(b) of Public Law 115-
334 relating to demonstration projects for tribal
organizations: Provided further, That this appropriation
shall be subject to any work registration or workfare
requirements as may be required by law: Provided further,
That funds made available for Employment and Training under
this heading shall remain available through September 30,
2024: Provided further, That funds made available under this
heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2024: Provided further, That none of
the funds made available under this heading may be obligated
or expended in contravention of section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183A): Provided
further, That funds made available under this heading may be
used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to
program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
For making, after June 30 of the current fiscal year,
benefit payments to individuals, and payments to States or
other non-Federal entities, pursuant to the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), for
unanticipated costs incurred for the last three months of the
fiscal year, such sums as may be necessary.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$469,710,000, to remain available through September 30, 2024:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2023 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2024: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $231,378,000: Provided, That of the funds
provided herein, $2,000,000 shall be used for the purposes of
section 4404 of Public Law 107-171, as amended by section
4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $932,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $234,913,000, of
which no more than 6 percent shall remain available until
September 30, 2024, for overseas operations to include the
payment of locally employed staff: Provided, That the Service
may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,800,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $265,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less
than $26,500,000, shall remain available until expended to
purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $6,063,000, to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, which shall be transferred to and merged with
the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $6,484,171,000: Provided,
That of the amount provided under this heading,
$1,224,132,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to
this account and remain available until expended;
$248,342,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $550,449,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $40,841,000 shall be
derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to
this account and remain available until expended; $32,238,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j-12, and shall be credited to this account and
remain available until expended; $29,459,000 shall be derived
from generic new animal drug user fees authorized by 21
U.S.C. 379j-21, and shall be credited to this account and
remain available
[[Page H6775]]
until expended; $712,000,000 shall be derived from tobacco
product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended:
Provided further, That in addition to and notwithstanding any
other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2023 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2023, including
any such fees collected prior to fiscal year 2023 but
credited for fiscal year 2023, shall be subject to the fiscal
year 2023 limitations: Provided further, That the Secretary
may accept payment during fiscal year 2023 of user fees
specified under this heading and authorized for fiscal year
2024, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2024 for which the
Secretary accepts payment in fiscal year 2023 shall not be
included in amounts under this heading: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $1,244,007,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no
less than $15,000,000 shall be used for inspections of
foreign seafood manufacturers and field examinations of
imported seafood; (2) $2,225,209,000 shall be for the Center
for Drug Evaluation and Research and related field activities
in the Office of Regulatory Affairs, of which no less than
$10,000,000 shall be for pilots to increase unannounced
foreign inspections and shall remain available until
expended, and $15,000,000 shall be for coordinating programs
and activities of the Food and Drug Administration with those
of the Drug Enforcement Administration and U.S. Customs and
Border Protection to combat the illicit importation of
opioids, including fentanyl, through international mail
facilities and land ports-of entry; (3) $477,782,000 shall be
for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs;
(4) $295,999,000 shall be for the Center for Veterinary
Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $682,221,000 shall be for the Center
for Devices and Radiological Health and for related field
activities in the Office of Regulatory Affairs; (6)
$77,893,000 shall be for the National Center for
Toxicological Research; (7) $677,165,000 shall be for the
Center for Tobacco Products and for related field activities
in the Office of Regulatory Affairs; (8) $216,603,000 shall
be for Rent and Related activities, of which $56,011,000 is
for White Oak Consolidation, other than the amounts paid to
the General Services Administration for rent; (9)
$237,917,000 shall be for payments to the General Services
Administration for rent; and (10) $349,375,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Food Policy and Response, the
Office of Operations, the Office of the Chief Scientist, and
central services for these offices: Provided further, That
not to exceed $25,000 of this amount shall be for official
reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further,
That any transfer of funds pursuant to, and for the
administration of, section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other
activities and shall not exceed $2,000,000: Provided further,
That of the amounts that are made available under this
heading for ``other activities'', and that are not derived
from user fees, $1,500,000 shall be transferred to and merged
with the appropriation for ``Department of Health and Human
Services--Office of Inspector General'' for oversight of the
programs and operations of the Food and Drug Administration
and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-
the-counter monograph drugs authorized by 21 U.S.C. 379j-72
shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $16,000,000, to remain
available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $50,000,000, to remain
available until expended: Provided, That amounts appropriated
in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such
Act, and may be transferred by the Commissioner of Food and
Drugs to the appropriation for ``Department of Health and
Human Services Food and Drug Administration Salaries and
Expenses'' solely for the purposes provided in such Act:
Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $365,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $20,000,000 shall remain available until
September 30, 2024, and of which not less than $4,567,000
shall be for expenses of the Office of the Inspector General:
Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for
the liquidation of obligations equal to current year payments
on leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a no-
year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $88,500,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm
Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm
Credit Administration may exempt, an amount in its sole
discretion, from the application of the limitation provided
in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in
subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to
specific appropriations for this purpose, so long as the
total number of vehicles purchased in fiscal year 2023 does
not exceed the number of vehicles owned or leased in fiscal
year 2018: Provided, That, prior to purchasing additional
motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce
operational costs, and for the protection of life, property,
and public safety: Provided further, That the Secretary may
not increase the Department of Agriculture's fleet above the
2018 level unless the Secretary notifies in writing, and
receives approval from, the Committees on Appropriations of
both Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of property,
plant and equipment and for the improvement, delivery, and
implementation of Department financial, and administrative
information technology services, and other support systems
necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the
Department of Agriculture, such transferred funds to remain
available until expended: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by
[[Page H6776]]
this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure
to make any changes to the Department's National Finance
Center without written notification to and prior approval of
the Committees on Appropriations of both Houses of Congress
as required by section 716 of this Act: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to initiate, plan,
develop, implement, or make any changes to remove or relocate
any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information
Officer, co-located with or from the National Finance Center
prior to written notification to and prior approval of the
Committee on Appropriations of both Houses of Congress and in
accordance with the requirements of section 716 of this Act:
Provided further, That the National Finance Center
Information Technology Services Division personnel and data
center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll
systems (PPS) and functions provided by the Chief Financial
Officer and the Chief Information Officer shall remain in the
National Finance Center and under the management
responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That notwithstanding section 11319 of title 40, United States
Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information Officer
may authorize an agency to obligate funds without written
approval from the Chief Information Officer for projects,
contracts, or other agreements up to $250,000 based upon the
performance of an agency measured against the performance
plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or
prepaid an insured, direct or guaranteed loan under the Rural
Electrification Act of 1936, or any not-for-profit utility
that is eligible to receive an insured or direct loan under
such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under
such Act.
Sec. 709. (a) Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2024, for information technology
expenses.
(b) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Rural Development mission area shall remain
available through September 30, 2024, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,483,309,000 (exclusive
of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$485,000,000; State Option Contracts--$5,000,000; Removal of
Defective Commodities--$2,500,000; Administration of section
32 Commodity Purchases--$37,178,000: Provided, That, of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2023, such
unobligated balances shall carryover into fiscal year 2024
and shall remain available until expended for any of the
purposes of section 32, except that any such carryover funds
used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used
for the purposes of clause (3) of section 32, none of the
funds appropriated or otherwise made available by this or any
other Act shall be used to pay the salaries or expenses of
any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this
[[Page H6777]]
Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing
and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the
reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing
and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the
reprogramming or transfer of such funds or the use of such
authority.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these
purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Secretary of Health and Human Services, or the Chairman of
the Commodity Futures Trading Commission receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the report accompanying
this Act.
Sec. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 723. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 724. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation
of Departmental financial management, information technology,
and other support systems necessary for the delivery of
financial, administrative, and information technology
services, including cloud adoption and migration, of primary
benefit to the agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as defined in section 278.1(b)(1)(ii)(C)
of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category
exceeds the number of such items in each staple food category
included in the final rule as published on December 15, 2016:
Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 727. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United
States Department of Agriculture to propose, finalize or
implement any regulation that would promulgate new user fees
pursuant to 31 U.S.C. 9701 after the date of the enactment of
this Act.
Sec. 729. For fiscal year 2023, the Secretary shall
establish a process under which an establishment in the
Chesapeake Bay area that is subject to examination and
inspection under section 6 of the Federal Meat Inspection Act
solely due to the establishment's processing of domestic,
wild caught, invasive blue catfish (Ictalurus furcatus), may
apply for a waiver of such examination and inspection
requirements if the establishment is subject to inspection
under the Seafood Hazard Analysis Critical Control Points
Program of the Food and Drug Administration and the
establishment attests that it applies existing Seafood Hazard
Critical Control Points Program for all species processed at
the establishment.
Sec. 730. Notwithstanding any provision of law that
regulates the calculation and payment of overtime and holiday
pay for FSIS inspectors,
[[Page H6778]]
the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection
Act, 21 U.S.C. 451 et seq., the Federal Meat Inspection Act,
21 U.S.C. 601 et seq, and the Egg Products Inspection Act, 21
U.S.C. 1031 et seq., for the cost of inspection services
provided outside of an establishment's approved inspection
shifts, and for inspection services provided on Federal
holidays: Provided, That any sums charged pursuant to this
paragraph shall be deemed as overtime pay or holiday pay
under section 1001(d) of the American Rescue Plan Act of 2021
(Public Law 117-2, 135 Stat. 242): Provided further, That
sums received by the Secretary under this paragraph shall, in
addition to other available funds, remain available until
expended to the Secretary without further appropriation for
the purpose of funding all costs associated with FSIS
inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 732. None of the funds made available by this Act may
be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the
Consolidated Farm and Rural Development Act.
Sec. 733. In this fiscal year and thereafter, and
notwithstanding any other provision of law, none of the funds
made available by this Act may be used to carry out any
activities or incur any expense related to the issuance of
licenses under section 3 of the Animal Welfare Act (7 U.S.C.
2133), or the renewal of such licenses, to class B dealers
who sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each Federally
recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Business-
Cooperative Service--Rural Microentrepreneur Assistance
Program''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the
United States: Provided further, That with respect to
specific activities for which program levels have been made
available by this Act that are not supported by budget
authority, the requirements of this section shall be applied
to such program level.
Sec. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of entities that grow, harvest,
pack, or hold wine grapes, hops, pulse crops, or almonds.
Sec. 739. There is hereby appropriated $5,000,000, to
remain available until September 30, 2024, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 740. For school years 2022-2023 and 2023-2024, none
of the funds made available by this Act may be used to
implement or enforce the matter following the first comma in
the second sentence of footnote (c) of section 220.8(c) of
title 7, Code of Federal Regulations, with respect to the
substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the
Agricultural Act of 2014 or Subtitle G of the Agricultural
Marketing Act of 1946, within or outside the State in which
the hemp is grown or cultivated.
Sec. 742. There is hereby appropriated $3,000,000, to
remain available until expended, for grants under section
12502 of Public Law 115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 744. The Secretary of Agriculture may waive the
matching funds requirement under section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 745. There is hereby appropriated $2,000,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep
such properties in the RHS multi-family housing program for a
period of time as determined by the Secretary.
Sec. 746. There is hereby appropriated $3,000,000, to
carry out section 4208 of Public Law 115-334, including for
project locations in additional regions and timely completion
of required reporting to Congress.
Sec. 747. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115-334, Farming
Opportunities Training and Outreach.
Sec. 748. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined
[[Page H6779]]
by the Secretary, including drought or severe weather, the
Secretary may provide potable water through the Emergency
Community Water Assistance Grant Program for an additional
period of time not to exceed 120 days beyond the established
period provided under the Program in order to protect public
health.
Sec. 749. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 750. In this fiscal year and thereafter, and
notwithstanding any other provision of law, ARS facilities as
described in the ``Memorandum of Understanding Between the
U.S. Department of Agriculture Animal and Plant Health
Inspection Service (APHIS) and the U.S. Department of
Agriculture Agricultural Research Service (ARS) Concerning
Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal
Welfare Act and its regulations and standards.
Sec. 751. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 752. For school year 2023-2024, only a school food
authority that had a negative balance in the nonprofit school
food service account as of June 30, 2022, shall be required
to establish a price for paid lunches in accordance with
section 12(p) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(p)).
Sec. 753. There is hereby appropriated $2,000,000, to
remain available until expended, for the Secretary of
Agriculture to carry out a pilot program that assists rural
hospitals to improve long-term operations and financial
health by providing technical assistance through analysis of
current hospital management practices.
Sec. 754. Any funds made available by this or any other
Act that the Secretary withholds pursuant to section
1668(g)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be
available for grants for biotechnology risk assessment
research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture
for purposes of making such grants.
Sec. 755. Hereafter, none of the funds made available by
this Act or any other Act, may be used to pay the salaries or
expenses of personnel to implement any activities related to:
(a) the permitting of non-recording of observed violations
of the Animal Welfare Act or its regulations on official
inspection reports; or
(b) the prioritizing of education or collaborative
approaches to violations or noncompliance ahead of
enforcement under the Animal Welfare Act.
Sec. 756. There is hereby appropriated $400,000 to carry
out section 1672(g)(4)(B) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B))
as amended by section 7209 of Public Law 115-334.
Sec. 757. For necessary expenses associated with cotton
classing activities pursuant to 7 U.S.C. 55, to include
equipment and facility upgrades, and in addition to any other
funds made available for this purpose, there is appropriated
$4,000,000, to remain available until September 30, 2024:
Provided, That amounts made available in this section shall
be treated as funds collected by fees authorized under Mar.
4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C.
55).
Sec. 758. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used
to move any staff office or any agency from the mission area
in which it was located on August 1, 2018, to any other
mission area or office within the Department in the absence
of the enactment of specific legislation affirming such move.
Sec. 759. The Secretary, acting through the Chief of the
Natural Resources Conservation Service, may use funds
appropriated under this Act or any other Act for the
Watershed and Flood Prevention Operations Program and the
Watershed Rehabilitation Program carried out pursuant to the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001
et seq.), and for the Emergency Watershed Protection Program
carried out pursuant to section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to provide technical
services for such programs pursuant to section 1252(a)(1) of
the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
Sec. 760. In administering the pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), the Secretary
of Agriculture may, for purposes of determining entities
eligible to receive assistance, consider those communities
which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the
heading ``Distance Learning, Telemedicine, and Broadband
Program'' for the purposes of the pilot program established
by section 779 of Public Law 115-141 may be used for this
purpose.
Sec. 761. There is hereby appropriated $29,700,000 for the
Goodfellow Federal facility, to remain available until
expended, which shall be transferred to and merged with the
appropriation for ``Food Safety and Inspection Service''.
Sec. 762. Hereafter, none of the funds made available by
this Act or any other Act may be used to pay the salaries or
expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 763. There is appropriated to the Department of
Agriculture, for an additional amount for ``Agricultural
Programs--Processing, Research, and Marketing--Office of the
Secretary'', $5,000,000, which shall remain available until
expended, for necessary expenses, under such terms and
conditions determined by the Secretary, related to testing
soil, water, or agricultural products for per- and
polyfluoroalkyl substances (PFAS) at the request of an
agricultural producer, assisting agricultural producers
affected by PFAS contamination with costs related to mitigate
the impacts to their operation that have resulted from such
contamination and indemnifying agricultural producers for the
value of unmarketable crops, livestock, and other
agricultural products related to PFAS contamination:
Provided, That the Secretary shall prioritize such assistance
to agricultural producers in states and territories that have
established a tolerance threshold for PFAS in a food or
agricultural product: Provided further, That, not later than
90 days after the end of fiscal year 2023, the Secretary
shall submit a report to the Congress specifying the type,
amount, and method of such assistance by state and territory
and the status of the amounts obligated and plans for further
expenditure, and include improvements that can be made to
U.S. Department of Agriculture programs, either
administratively or legislatively, to increase support for
agricultural producers impacted by PFAS contamination and to
enhance scientific knowledge on PFAS uptake in crops and
livestock and PFAS mitigation and remediation methods and
disseminate such knowledge to agricultural producers.
Sec. 764. Any future compliance date for any provision of
the Food and Drug Administration's final rule entitled ``Milk
and Cream Products and Yogurt Products; Final Rule To Revoke
the Standards for Lowfat Yogurt and Nonfat Yogurt and To
Amend the Standard for Yogurt'' (86 Fed. Reg. 31117, June 11,
2021) for which the agency is exercising enforcement
discretion or that is stayed as a result of objections timely
filed under 21 U.S.C. 371(e)(2), shall be established no
earlier than January 1 of the year that is three years after
either:
(a) Final action upon such objection(s) is taken by the
Secretary of Health and Human Services; or
(b) The party withdraws such objection(s).
Sec. 765. In addition to the amount of reimbursement for
administrative and operating expenses available for crop
insurance contracts described in subsection (a)(2)(F) of
section III of the 2023 Standard Reinsurance Agreement (SRA)
that cover agricultural commodities described in section 101
of title I of the Specialty Crops Competitiveness Act of 2004
(7 U.S.C. 1621 note), there is hereby appropriated
$50,000,000, to remain available until expended, to pay, with
respect to such contracts for the 2021 reinsurance year, an
amount that is equal to the difference between the amount to
be paid pursuant to the SRA for the applicable reinsurance
year and the amount that would be paid if such contracts were
not subject to a reduction described in subsection (a)(2)(G)
of section III of the SRA but subject to a reimbursement rate
equal to 17.5 percent of the net book premium.
Sec. 766. There is appropriated to the Department of
Agriculture, for an additional amount for ``Agricultural
Programs--Processing, Research, and Marketing--Office of the
Secretary'', $10,000,000, which shall remain available until
expended, for necessary expenses to address assistance for
disasters occurring in calendar year 2022.
Sec. 767. In addition to amounts otherwise available,
there is appropriated to the Secretary of Agriculture
$50,000,000, to remain available until September 30, 2023, to
provide relief payments for frontline grocery workers through
the Farmworker and Food Worker Relief Grant Program of the
Agricultural Marketing Service.
Sec. 768. None of the funds made available by this Act may
be used to review or approve an application under section
505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)) or section 351(a)(3) of the Public Health Service Act
(42 U.S.C. 262(a)(3)) that is submitted by a sponsor located
in Russia, unless such application is for a drug that is
intended to treat a serious or life-threatening condition and
for which there is an unmet medical treatment need.
Sec. 769. The Secretary of Agriculture shall take such
actions as may be necessary to prohibit the purchase of
agricultural land located in the United States by companies
owned, in full or in part, by the People's Republic of China,
Russia, North Korea, or Iran.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2023''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of
[[Page H6780]]
the Army and the supervision of the Chief of Engineers for
authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration,
and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $160,000,000, to remain
available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $2,475,152,000, to remain available until
expended; of which $43,011,000 shall be derived from the
Harbor Maintenance Trust Fund to cover the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program; and of which such sums as are
necessary to cover 35 percent of the costs of construction,
replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in
law: Provided, That the Secretary shall not deviate from the
work plan, once the plan has been submitted to the Committees
on Appropriations of both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$350,000,000, to remain available until expended, of which
$10,315,000 shall be derived from the Harbor Maintenance
Trust Fund to cover the Federal share of eligible operation
and maintenance costs for inland harbors: Provided, That the
Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of
both Houses of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $5,150,000,000, to remain
available until expended, of which $2,264,674,000 shall be
derived from the Harbor Maintenance Trust Fund to cover the
Federal share of eligible operation and maintenance costs for
coastal harbors and channels, and for inland harbors; of
which $56,000,000, to be derived from the general fund of the
Treasury, shall be to carry out section 2106(c) of Public Law
113-121 (33 U.S.C. 2238c(c)) and is designated as being for
such purpose pursuant to section 14003(2)(B) of the CARES Act
(Public Law 116-136); of which such sums as become available
from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of
1965 shall be derived from that account for resource
protection, research, interpretation, and maintenance
activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums
as become available from fees collected under section 217 of
Public Law 104-303 shall be used to cover the cost of
operation and maintenance of the dredged material disposal
facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds
provided for each of the programs, projects, or activities
funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in
accordance with the amounts provided for the programs,
projects, or activities: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$213,000,000, to remain available until September 30, 2024.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $278,338,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $215,000,000, to remain available until September
30, 2024, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year: Provided, That no part of
any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2024:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act
and a work plan that allocates at least 95 percent of the
additional funding provided under each heading in this title,
as designated under such heading in the report accompanying
this Act, to specific programs, projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and
guaranteed loan programs authorized by the Water
Infrastructure Finance and Innovation Act of 2014,
notwithstanding subsections (b)(2) and (c) of section 5033 of
such Act, $7,200,000, to remain available until September 30,
2024.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2023, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) CONSTRUCTION.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) OPERATION AND MAINTENANCE.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a
[[Page H6781]]
base level less than $1,000,000, the reprogramming limit is
$150,000: Provided further, That $150,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) CONTINUING AUTHORITIES PROGRAM.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year which shall
include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made
available in this title solely in accordance with the
provisions of this Act and the report accompanying this Act.
Sec. 103. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open
lake placement alternative for dredged material is approved
under a State water quality certification, the Corps of
Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 107. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers
or the Secretary of the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $23,000,000, to remain available
until expended, of which $5,000,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this
heading, $1,600,000 shall be available until September 30,
2024, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2023, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,880,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $1,747,101,000, to remain available until
expended, of which $22,165,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$7,584,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That $500,000 shall be available for
transfer into the Aging Infrastructure Account established by
section 9603(d)(1) of the Omnibus Public Land Management Act
of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided
further, That such transfers, except for the transfer
authorized by the preceding proviso, may be increased or
decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund, the Water Storage Enhancement Receipts
account established by section 4011(e) of Public Law 114-322,
or the Bureau of Reclamation special fee account established
by 16 U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the
funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this
account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided further, That of the amounts made available under
this heading, $10,000,000 shall be deposited in the San
Gabriel Basin Restoration Fund established by section 110 of
title I of division B of appendix D of Public Law 106-554:
Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16
U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, such sums as may be
collected in fiscal year 2023 in the Central Valley Project
Restoration Fund pursuant to sections 3407(d), 3404(c)(3),
and 3405(f) of Public Law 102-575, to remain available until
expended: Provided, That the Bureau of Reclamation is
directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102-575: Provided further,
That none of the funds made available under this heading may
be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream
purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the six regions of the Bureau
of Reclamation, to remain available until September 30, 2024,
$65,079,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in section 4(o) of the Act of
December 5, 1924 (43 U.S.C. 377): Provided, That no part of
any other appropriation in this Act shall be available for
activities or functions budgeted as policy and administration
expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase and replacement of not to exceed 30
motor vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2023, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
[[Page H6782]]
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) Except as provided in subsections (a) and (b), the
amounts made available in this title under the heading
``Bureau of Reclamation--Water and Related Resources'' shall
be expended for the programs, projects, and activities
specified in the ``House Recommended'' columns in the ``Water
and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the report
accompanying this Act.
(e) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 42 U.S.C.
10364(e)) is amended by striking ``$750,000,000'' and
inserting ``$820,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) is amended by striking ``2022''
each place it appears and inserting ``2023''.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) is amended by striking
``$25,000,000'' and inserting ``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) is amended by striking
``2022'' and inserting ``2023''.
Sec. 206. (a) Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (Public Law 102-250; 43
U.S.C. 2214(c)) is amended by striking ``2022'' and inserting
``2023''.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (Public Law 102-250; 43 U.S.C. 2241) is
amended by striking ``2022'' and inserting ``2023'' and by
striking ``$120,000,000'' and inserting ``$130,000,000''.
Sec. 207. Section 529(b)(3) of the Water Resources
Development Act of 2000 (Public Law 106-541), as amended, is
amended by striking ``$30,000,000'' and inserting
``$40,000,000''.
Sec. 208. None of the funds provided in this Act may be
used for the Shasta Dam and Reservoir Enlargement Project.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $4,000,000,000, to
remain available until expended: Provided, That of such
amount, $245,000,000 shall be available until September 30,
2024, for program direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy sector cybersecurity,
energy security, and emergency response activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $205,000,000, to remain available until
expended: Provided, That of such amount, $24,000,000 shall
be available until September 30, 2024, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $350,000,000, to remain available until
expended: Provided, That of such amount, $23,000,000 shall
be available until September 30, 2024, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,779,800,000, to remain available until
expended: Provided, That of such amount, $85,000,000 shall
be available until September 30, 2024, for program direction:
Provided further, That for the purpose of section 954(a)(6)
of the Energy Policy Act of 2005, as amended, the only amount
available shall be from the amount specified as including
that purpose in the ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report accompanying this Act.
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out
fossil energy and carbon management research and development
activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition of interest, including defeasible and equitable
interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research
concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603),
$880,000,000, to remain available until expended: Provided,
That of such amount $70,000,000 shall be available until
September 30, 2024, for program direction.
Energy Projects
For Department of Energy expenses necessary in carrying out
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), $117,326,652, to remain available until expended, for
the projects, and in the amounts, specified in the table
titled ``Community Project Funding Department of Energy
Projects'' in the report accompanying this Act.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities,
$13,004,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all
naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $214,175,000,
to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note),
section 32204 of the Fixing America's Surface Transportation
Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note),
$8,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $7,000,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$144,480,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
one passenger motor vehicle, $333,863,000, to remain
available until expended: Provided, That in addition, fees
collected pursuant to subsection
[[Page H6783]]
(b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2023 pursuant to
section 309 of title III of division C of Public Law 116-94
are appropriated, to remain available until expended, for
mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $823,321,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $14,800,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and purchase of not more than 35 passenger
motor vehicles, including one ambulance, for replacement
only, $8,000,000,000, to remain available until expended:
Provided, That of such amount, $211,211,000 shall be
available until September 30, 2024, for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended, $10,205,000, to remain available until expended,
which shall be derived from the Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying
out the activities of technology transitions, $23,058,000, to
remain available until expended: Provided, That of such
amount, $13,183,000 shall be available until September 30,
2024, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for clean energy demonstrations
in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $189,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall
be available until September 30, 2024, for program direction.
Defense Production Act Domestic Clean Energy Accelerator
For activities by the Department of Energy pursuant to
titles I, III, and VII of the Defense Production Act of 1950
(50 U.S.C. subchapters I, II, and III), notwithstanding the
requirements of section 303(a)(1) through (a)(6) of such Act,
$100,000,000, to remain available until expended, which shall
be obligated and expended by the Secretary of Energy as if
delegated the necessary authorities conferred by the Defense
Production Act of 1950, and which shall be for expanding the
domestic production capability for solar, transformers,
electric grid components, fuel cells, electrolyzers, heat
pumps, and insulation, of which up to $5,000,000 shall be
available until September 30, 2024, for administrative
expenses.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $550,000,000, to remain
available until expended: Provided, That of such amount,
$45,000,000 shall be available until September 30, 2024, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative
Technology Loan Guarantee Program, as authorized, $66,206,000
is appropriated, to remain available until September 30,
2024: Provided further, That up to $66,206,000 of fees
collected in fiscal year 2023 pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary
administrative expenses in this appropriation and shall
remain available until September 30, 2024: Provided further,
That to the extent that fees collected in fiscal year 2023
exceed $66,206,000, those excess amounts shall be credited as
offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2023 (estimated at
$35,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected in
previous fiscal years that are not otherwise appropriated, so
as to result in a final fiscal year 2023 appropriation from
the general fund estimated at $0: Provided further, That the
Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation
of section 609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $9,800,000, to remain available
until September 30, 2024.
Tribal Energy Loan Guarantee Program
For the cost of direct and guaranteed loans for the Tribal
Energy Loan Guarantee Program under section 2602(c) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $8,000,000, 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 (2 U.S.C. 661a): Provided further, That in this fiscal
year and subsequent fiscal years, under section 2602(c) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the
Secretary of Energy may also provide direct loans, as defined
in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That such direct loans shall
be made through the Federal Financing Bank, with the full
faith and credit of the United States Government on the
principal and interest: Provided further, That any funds
previously appropriated for the cost of loan guarantees under
section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C.
3502(c)) may also be used, in this fiscal year and subsequent
fiscal years, for the cost of direct loans provided under
such section of such Act.
In addition, for Department of Energy administrative
expenses necessary in carrying out the Tribal Energy Loan
Guarantee Program, $2,000,000, to remain available until
September 30, 2024.
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, to
remain available until expended: Provided, That of the
amount appropriated under this heading, $15,000,000 shall be
available until September 30, 2024, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $407,715,000, to remain available until
September 30, 2024, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $100,578,000 in fiscal year 2023
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation from the
general fund estimated at not more than $307,137,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $92,000,000, to remain available until
September 30, 2024.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $16,333,065,000, to
remain available until expended: Provided, That of such
amount, $130,070,000 shall be available until September 30,
2024, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,424,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion,
[[Page H6784]]
$2,000,000,000, to remain available until expended, of which,
$99,747,000 shall be transferred to ``Department of Energy--
Energy Programs--Nuclear Energy'', for the Advanced Test
Reactor: Provided, That of such amount, $58,525,000 shall be
available until September 30, 2024, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $475,000,000,
to remain available until September 30, 2024, including
official reception and representation expenses not to exceed
$17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $6,722,521,000, to
remain available until expended: Provided, That of such
amount, $317,002,000 shall be available until September 30,
2024, for program direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense
environmental cleanup activities for Department of Energy
contributions for uranium enrichment decontamination and
decommissioning activities, $823,321,000, to be deposited
into the Defense Environmental Cleanup account, which shall
be transferred to the Uranium Enrichment Decontamination and
Decommissioning Fund.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense, other
defense activities, and classified activities, in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$1,027,554,000, to remain available until expended:
Provided, That of such amount, $359,734,000 shall be
available until September 30, 2024, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
the Colville Tribes Residents Fish Hatchery Expansion, Chief
Joseph Hatchery Water Quality Project, and Umatilla Hatchery
Facility Project and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2023, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $8,173,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $8,173,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$78,696,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $53,488,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $42,880,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $10,608,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $70,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $299,573,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $299,573,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $200,841,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $98,732,000, of which $98,732,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $350,083,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$6,330,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $6,102,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2023, the
Administrator of the Western Area Power Administration may
accept up to $1,598,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided
further, That any such funds shall be available without
further appropriation and without fiscal year limitation for
use by the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $508,400,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $508,400,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2023 shall
[[Page H6785]]
be retained and used for expenses necessary in this account,
and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as revenues are received during fiscal year 2023
so as to result in a final fiscal year 2023 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make or modify a grant allocation or discretionary
grant award totaling $1,000,000 or more;
(B) make or modify a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make or modify an
allocation, award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make or modify an
allocation, award, or Agreement in excess of the limits in
subparagraph (A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided or modified during the previous
quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify, and obtain the prior approval of,
the Committees on Appropriations of both Houses of Congress
at least 30 days prior to the use of any proposed
reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than
$5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2023 until the enactment of the Intelligence
Authorization Act for fiscal year 2023.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under this
section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
Sec. 306. No funds shall be transferred directly from
``Department of Energy--Power Marketing Administration--
Colorado River Basins Power Marketing Fund, Western Area
Power Administration'' to the general fund of the Treasury in
the current fiscal year.
Sec. 307. All unavailable collections currently in the
United States Enrichment Corporation Fund shall be
transferred to and merged with the Uranium Enrichment
Decontamination and Decommissioning Fund and shall be
available only to the extent provided in advance in
appropriations Acts.
Sec. 308. Subparagraphs (B) and (C) of section 40401(a)(2)
of Public Law 117-58, paragraph (3) of section 1702(r) of the
Energy Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by
section 40401(c)(2)(C) of Public Law 117-58, and subsection
(l) of section 136 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17013(l)), are hereby repealed.
Sec. 309. Of the unobligated balances from amounts made
available in the first proviso of section 1425 of the
Department of Defense and Full-Year Continuing Appropriations
Act, 2011 (Public Law 112-10) for the cost of loan guarantees
under section 1703 of the Energy Policy Act of 2005,
$150,000,000 are hereby rescinded: Provided, That, subject
to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans for eligible projects under
title XVII of the Energy Policy Act of 2005, shall not exceed
a total principal amount of $15,000,000,000, to remain
available until committed: Provided further, That the
amounts provided in this section are in addition to those
provided in any other Act: Provided further, That for
amounts collected pursuant to section 1702(b)(2) of the
Energy Policy Act of 2005, the source of such payment
received from borrowers may not be a loan or other debt
obligation that is guaranteed by the Federal Government:
Provided further, That none of such loan guarantee authority
made available by this section shall be available for
commitments to guarantee loans for any projects where funds,
personnel, or property (tangible or intangible) of any
Federal agency, instrumentality, personnel, or affiliated
entity are expected be used (directly or indirectly) through
acquisitions, contracts, demonstrations, exchanges, grants,
incentives, leases, procurements, sales, other transaction
authority, or other arrangements, to support the project or
to obtain goods or services from the project: Provided
further, That the preceding proviso shall not be interpreted
as precluding the use of the loan guarantee authority
provided by this section for commitments to guarantee loans
for: (1) projects as a result of such projects benefitting
from otherwise allowable Federal income tax benefits; (2)
projects as a result of such projects benefitting from being
located on Federal land pursuant to a lease or right-of-way
agreement for which all consideration for all uses is: (A)
paid exclusively in cash; (B) deposited in the Treasury as
offsetting receipts; and (C) equal to the fair market value
as determined by the head of the relevant Federal agency; (3)
projects as a result of such projects benefitting from
Federal insurance programs, including under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known
as the ``Price-Anderson Act''); or (4) electric generation
projects using transmission facilities owned or operated by a
Federal Power Marketing Administration or the Tennessee
Valley Authority that have been authorized, approved, and
financed independent of the project receiving the guarantee:
Provided further, That none of the loan guarantee authority
made available by this section shall be available for any
project unless the Director of the Office of Management and
Budget has certified in advance in writing that the loan
guarantee and the project comply with the provisions under
this section.
Sec. 310. (a) Hereafter, for energy development,
demonstration, and deployment programs funded under
Department of Energy appropriations (other than those for the
National Nuclear
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Security Administration and Office of Environmental
Management) provided for fiscal year 2022, the current fiscal
year, or any fiscal year thereafter (including by Acts other
than appropriations Acts), the Secretary may vest
unconditional title or other property interests acquired
under projects in an award recipient, subrecipient, or
successor in interest, including the United States, at the
conclusion of the award period for projects receiving an
initial award in fiscal year 2022 or later.
(b) Upon vesting unconditional title pursuant to subsection
(a) in an award recipient, subrecipient, or successor in
interest other than the United States, the United States
shall have no liabilities or obligations to the property.
(c) For purposes of this section, the term ``property
interest'' does not include any interest in intellectual
property developed using funding provided under a project.
Sec. 311. None of the funds made available in this title
may be used to support a grant allocation award,
discretionary grant award, or cooperative agreement that
exceeds $100,000,000 in Federal funding unless the project is
carried out through internal independent project management
procedures.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, and for expenses necessary for the Federal Co-
Chairman and the Alternate on the Appalachian Regional
Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services
as authorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $220,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $41,401,000, to remain available until
September 30, 2024, of which not to exceed $1,000 shall be
available for official reception and representation expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $30,100,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$15,100,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects for which the
Denali Commission is the sole or primary funding source in an
amount not to exceed 80 percent of total project cost for
distressed communities, as defined by section 307 of the
Denali Commission Act of 1998 (division C, title III, Public
Law 105-277), as amended by section 701 of appendix D, title
VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount
not to exceed 50 percent for non-distressed communities:
Provided further, That notwithstanding any other provision of
law regarding payment of a non-Federal share in connection
with a grant-in-aid program, amounts under this heading shall
be available for the payment of such a non-Federal share for
any project for which the Denali Commission is not the sole
or primary funding source, provided that such project is
consistent with the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $38,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $33,000,000, to remain
available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $2,500,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $911,384,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2024: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $777,498,000 in fiscal year 2023
shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2023 so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $133,886,000.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $17,769,000, to remain available until September 30,
2024: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $14,655,000 in fiscal year 2023 shall be
retained and be available until September 30, 2024, for
necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2023 so as to result in a final fiscal year 2023
appropriation estimated at not more than $3,114,000:
Provided further, That of the amounts appropriated under this
heading, $1,520,000 shall be for Inspector General services
for the Defense Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,945,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2024.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the report accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the report
accompanying this Act, or any authority whereby a department,
agency, or instrumentality of the United States Government
may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
report accompanying this Act, or any authority whereby a
department, agency, or instrumentality of the United States
Government may provide goods or services to another
department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
[[Page H6787]]
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2023''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to State, local, and
territorial entities; and Treasury-wide management policies
and programs activities, $278,382,000: Provided, That of the
amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2024, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Cybersecurity and Critical Infrastructure
Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign
Investment in the United States, $20,000,000, to remain
available until expended: Provided, That the chairperson of
the Committee may transfer such amounts to any department or
agency represented on the Committee (including the Department
of the Treasury) subject to advance notification to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts so
transferred shall remain available until expended for
expenses of implementing section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. 4565), and
shall be available in addition to any other funds available
to any department or agency: Provided further, That fees
authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided
further, That the total amount appropriated under this
heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2023,
so as to result in a total appropriation from the general
fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
human rights abusers, money launderers, drug kingpins, and
other national security threats, $217,059,000, of which not
less than $4,000,000 shall be available for addressing human
rights violations and corruption, including activities
authorized by the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note): Provided, That of
the amounts appropriated under this heading, up to
$12,000,000 shall remain available until September 30, 2024.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$135,000,000, to remain available until September 30, 2025:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the
total amount made available under this heading $6,000,000
shall be available for administrative expenses for the
Treasury Chief Information Officer to provide oversight of
the investments made under this heading: Provided further,
That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information
Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services; for the hire of
zero emission passenger motor vehicles and for supporting
charging or fueling infrastructure; and for repairs and
renovations to buildings owned by the Department of the
Treasury, $11,118,000, to remain available until September
30, 2025: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $48,878,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2024, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$179,409,000, of which $5,000,000 shall remain available
until September 30, 2024; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $9,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $25,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$210,330,000, of which not to exceed $55,000,000 shall remain
available until September 30, 2025.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $372,485,000; of which not to exceed
$8,000,000, to remain available until September 30, 2025, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $150,863,000; of which not to exceed $6,000
shall be available for official reception and representation
expenses; and of which not to exceed $50,000 shall be
available for cooperative research and development programs
for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated
under this heading, $5,000,000 shall be for the costs of
accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2024, shall be for the costs
associated with enforcement of and education regarding the
trade practice provisions of the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided
[[Page H6788]]
funding through the United States Mint Public Enterprise Fund
for costs associated with the production of circulating
coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided,
That the aggregate amount of new liabilities and obligations
incurred during fiscal year 2023 under such section 5136 for
circulating coinage and protective service capital
investments of the United States Mint shall not exceed
$50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-III, $336,420,000. Of the amount appropriated
under this heading--
(1) not less than $216,883,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2024, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for
training and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $3,153,750 may be used for
the cost of direct loans, of which up to $10,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103-325 (12 U.S.C. 4707 (d)), may be available to provide
financial assistance, technical assistance, training, and
outreach to community development financial institutions to
expand investments that benefit individuals with
disabilities, and of which not less than $2,000,000 shall be
for the Economic Mobility Corps to be operated in conjunction
with the Corporation for National and Community Service,
pursuant to 42 U.S.C. 12571: Provided, That the cost of
direct and guaranteed loans, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$25,000,000: Provided further, That of the funds provided
under this paragraph, excluding those made to community
development financial institutions to expand investments that
benefit individuals with disabilities and those made to
community development financial institutions that serve
populations living in persistent poverty counties, the CDFI
Fund shall prioritize Financial Assistance awards to
organizations that invest and lend in high-poverty areas:
Provided further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a poverty
rate of at least 20 percent as measured by the 2016-2020 5-
year data series available from the American Community Survey
of the Bureau of the Census for all States and Puerto Rico or
with a poverty rate of at least 20 percent as measured by the
2010 Island areas Decennial Census data for any territory or
possession of the United States;
(2) not less than $22,500,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2024, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
Tribes and Tribal organizations, and other suitable
providers;
(3) not less than $28,000,000 is available until September
30, 2024, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2024, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $10,000,000 is available until September
30, 2024, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan
programs under section 122 of Public Law 103-325 (12 U.S.C.
4719): Provided, That sections 108(d) and 122(b)(2) of such
Public Law shall not apply to the provision of such grants
and technical assistance;
(6) up to $35,037,000 is for administrative expenses,
including administration of CDFI Fund programs and the New
Markets Tax Credit Program, of which not less than $1,000,000
is for the development of tools to better assess and inform
CDFI investment performance and CDFI Fund program impacts,
and up to $300,000 is for administrative expenses to carry
out the direct loan program; and
(7) during fiscal year 2023, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2023: Provided further, That of the funds awarded under this
heading, except those provided for the Economic Mobility
Corps, not less than 10 percent shall be used for awards that
support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1), the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial
censuses and the 2016-2020 5-year data series available from
the American Community Survey of the Bureau of the Census or
any other territory or possession of the United States that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000
and 2010 Island Areas Decennial Censuses, or equivalent data,
of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, rent payments, and other services as authorized by
5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $3,410,728,000, of which not to exceed
$100,000,000 shall remain available until September 30, 2024;
of which not less than $11,000,000 shall be for the Tax
Counseling for the Elderly Program, of which not less than
$13,000,000 shall be available for low-income taxpayer clinic
grants, of which not less than $35,000,000, to remain
available until September 30, 2024, shall be available for
the Community Volunteer Income Tax Assistance Matching Grants
Program for tax return preparation assistance, and of which
not less than $235,000,000 shall be available for operating
expenses of the Taxpayer Advocate Service: Provided, That of
the amounts made available for the Taxpayer Advocate Service,
not less than $6,000,000 shall be for identity theft and
refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), rent payments, and to provide other services
as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $6,120,262,000, of which not
to exceed $250,000,000 shall remain available until September
30, 2024; of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program; and of which
not to exceed $25,000,000 shall be for investigative
technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative
technology for the Criminal Investigation Division shall be
in addition to amounts made available for the Criminal
Investigation Division under the ``Operations Support''
heading.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,753,561,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2024; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2025, for
research; and of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing major information technology investments in
the Internal Revenue Service Integrated Modernization
Business Plan portfolio, including detailed, plain language
summaries on the status of plans, costs, and results; prior
results and actual expenditures of the prior quarter;
upcoming deliverables and costs for the fiscal year; risks
and mitigation strategies associated with ongoing work;
reasons for any cost or schedule variances; and total
expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget
justification for fiscal year 2024, a summary of cost and
schedule performance information for its major information
technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $310,027,000, to
remain available until September 30, 2025, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
major information technology investments in the
[[Page H6789]]
Internal Revenue Service Integrated Modernization Business
Plan portfolio, including detailed, plain language summaries
on the status of plans, costs, and results; prior results and
actual expenditures of the prior quarter; upcoming
deliverables and costs for the fiscal year; risks and
mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by
fiscal year.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 4 percent of the appropriation
made available in this Act to the Internal Revenue Service
under the ``Enforcement'' heading, and not to exceed 5
percent of any other appropriation made available in this Act
to the Internal Revenue Service, may be transferred to any
other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That an additional
2 percent of the appropriation made available in this Act to
the Internal Revenue Service under the ``Enforcement''
heading may be transferred to the appropriation made
available in this Act to the Internal Revenue Service under
the ``Taxpayer Services'' heading upon advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former
employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 111. The Secretary of the Treasury (or the
Secretary's delegate) may use the funds made available in
this Act, subject to such policies as the Secretary (or the
Secretary's delegate) may establish, to utilize direct hire
authority to recruit and appoint qualified applicants,
without regard to any notice or preference requirements,
directly to positions in the competitive service to process
backlogged tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United
States Code, funds appropriated to the Internal Revenue
Service in this Act may be used to provide passenger carrier
transportation and protection between the Commissioner of
Internal Revenue's residence and place of employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 115. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 116. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2023
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2023.
Sec. 121. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the House of Representatives and the Senate not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 123. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 124. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives, and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
[[Page H6790]]
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 125. In addition to amounts otherwise available,
there is appropriated to the Special Inspector General for
Pandemic Recovery, $16,000,000, to remain available until
expended, for necessary expenses in carrying out section 4018
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136).
Sec. 126. Of the unobligated balances from amounts made
available to the Secretary of the Treasury (referred to in
this section as ``Secretary'') for administrative expenses
pursuant to sections 4003(f) and 4112(b) of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136)
and section 7301(b)(5) of the American Rescue Plan Act of
2021 (Public Law 117-2), up to $80,000,000 shall be available
to the Secretary for any administrative expenses of the
Department of the Treasury determined by the Secretary to be
necessary to implement section 501 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260),
sections 3201 or 3206 of the American Rescue Plan Act of 2021
(Public Law 117-2), or title VI of the Social Security Act
(42 U.S.C. 801 et seq.), in addition to amounts otherwise
available for such purposes.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2023''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $77,681,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $15,609,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $2,500,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,903,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $13,901,000, of which not to
exceed $6,000 shall be available for official reception and
representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$115,463,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President: Provided, That of the amounts provided under this
heading, up to $4,500,000 shall be available for a program to
provide payments (such as stipends, subsistence allowances,
cost reimbursements, or awards) to students, recent
graduates, and veterans recently discharged from active duty
who are performing voluntary services in the Executive Office
of the President under section 3111(b) of title 5, United
States Code, or comparable authority and shall be in addition
to amounts otherwise available to pay or compensate such
individuals: Provided further, That such payments shall not
be considered compensation for purposes of such section
3111(b) and may be paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $128,035,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations:
Provided further, That none of the funds provided in this or
prior Acts shall be used, directly or indirectly, by the
Office of Management and Budget, for evaluating or
determining if water resource project or study reports
submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office
of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly: Provided further, That no later
than 14 days after the submission of the budget of the United
States Government for fiscal year 2024, the Director of the
Office of Management and Budget shall make publicly available
on a website a tabular list for each agency that submits
budget justification materials (as defined in section 3 of
the Federal Funding Accountability and Transparency Act of
2006) that shall include, at minimum, the name of the agency,
the date on which the budget justification materials of the
agency were submitted to Congress, and a uniform resource
locator where the budget justification materials are
published on the website of the agency.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III
of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403),
including services authorized by 5 U.S.C. 3109, $1,902,000.
[[Page H6791]]
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), $21,926,000, of which
not to exceed $5,000 shall be available for official
reception and representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998, as amended; not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$22,340,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $300,000,000, to remain available until September
30, 2024, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$5,800,000 may be used for auditing services and associated
activities: Provided further, That any unexpended funds
obligated prior to fiscal year 2021 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2022, shall be funded at not less than
the fiscal year 2022 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2023 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by Public Law
110-690 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $139,670,000, to
remain available until expended, which shall be available as
follows: $110,000,000 for the Drug-Free Communities Program,
of which not more than $12,900,000 is for administrative
expenses, and of which $2,500,000 shall be made available as
directed by section 4 of Public Law 107-82, as amended by
section 8204 of Public Law 115-271; $3,000,000 for drug court
training and technical assistance; $15,000,000 for anti-
doping activities; up to $3,420,000 for the United States
membership dues to the World Anti-Doping Agency; $1,250,000
for the Model Acts Program; $5,200,000 for activities
authorized by section 103 of Public Law 114-198; $1,300,000
for policy research; and $500,000 for performance audits and
evaluations: Provided, That amounts made available under
this heading may be transferred to other Federal departments
and agencies to carry out such activities: Provided further,
That the Director of the Office of National Drug Control
Policy shall, not fewer than 30 days prior to obligating
funds under this heading for United States membership dues to
the World Anti-Doping Agency, submit to the Committees on
Appropriations of the House of Representatives and the Senate
a spending plan and explanation of the proposed uses of these
funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2024.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $13,700,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $6,076,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $321,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. (a) During fiscal year 2023, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2023; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2023.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2023 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
Sec. 203. Not later than 30 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance
with the provisions in title VII of this Act.
Sec. 204. In fiscal year 2023 and each fiscal year
thereafter--
(1) the Office of Management and Budget shall operate and
maintain the automated system required to be implemented by
section 204 of the Financial Services and General Government
Appropriations Act, 2022 (division E of Public Law 117-103)
and shall continue to post each document apportioning an
appropriation, pursuant to section 1513(b) of title 31,
United States Code, including any associated footnotes, in a
format that qualifies each such document as an open
Government data asset (as that term is defined in section
3502 of title 44, United States Code); and
(2) the requirements specified in subsection (c), the first
and second provisos of subsection (d)(1), and subsection
(d)(2) of such section 204 shall continue to apply.
Sec. 205. Not later than 90 days after the date of
enactment of this Act and updated every 90 days thereafter,
the Executive Office of the President shall make
contemporaneously available on a publicly available website,
a searchable, sortable, downloadable database of visitors to
the White House, the Vice President's residence, or any other
location at which the President or the Vice President
regularly conducts official business that includes the name
of each visitor, the date and time of entry for each visitor,
the name of each individual with whom each visitor met, and
the purpose of the visit: Provided, That notwithstanding
this requirement, the Executive Office of the President,
after consultation with the President or his designee, may
exclude from the database any information that would
implicate personal privacy or law enforcement concerns or
threaten national
[[Page H6792]]
security, relate to a purely personal guest, or reveal the
social security number, taxpayer identification number, birth
date, home address, or personal phone number of an
individual, the name of an individual, who is less than 18
years old, or a financial account number: Provided further,
With respect to a particular sensitive meeting, the Executive
Office of the President shall disclose the number of records
withheld on this basis and post the applicable records no
later than 360 days later.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2023''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $113,951,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $29,246,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $21,260,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,867,825,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $10,280,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,409,211,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $45,677,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court or Administrative Office of the United States
Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
or Administrative Office of the United States Courts
operations, building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal
Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $750,586,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General: Provided, That funds made
available under this heading may be used for managing a
Judiciary-wide program to facilitate security and emergency
management services among the Judiciary, United States
Marshals Service, Federal Protective Service, General
Services Administration, other Federal agencies, state and
local governments and the public; and, notwithstanding
sections 331, 566(e)(1), and 566(i) of title 28, United
States Code, for identifying and pursuing the voluntary
redaction and reduction of personally identifiable
information on the internet of judges and other familial
relatives who live at the judge's domicile.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $105,700,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $34,261,000; of which
$1,800,000 shall remain available through September 30, 2024,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$21,641,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
[[Page H6793]]
(1) in the second sentence (relating to the District of
Kansas), by striking ``31 years and 6 months'' and inserting
``32 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``28 years and 6 months'' and inserting
``29 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``29 years and 6 months''
and inserting ``30 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``20 years'' and
inserting ``21 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``19 years and 6
months'' and inserting ``20 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``18 years'' and inserting
``19 years''.
Sec. 307. In addition to amounts otherwise available,
there is appropriated to the Judiciary $128,000,000, to
remain available until September 30, 2024, to be used for
judicial security, cybersecurity, and information technology
modernization infrastructure: Provided, That for the purposes
provided herein, such funds may be transferred to the
``Salaries and Expenses'', ``Court Security'', and ``Defender
Services'' appropriations under the ``Courts of Appeals,
District Courts, and Other Judicial Services'' heading in
this title: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
by law.
Sec. 308. Section 677 of title 28, United States Code, is
amended by adding at the end the following:
``(d) The Counselor, with the approval of the Chief
Justice, shall establish a retention and recruitment program
that is consistent with section 908 of the Emergency
Supplemental Act, 2002 (2 U.S.C. 1926) for Supreme Court
Police officers and other critical employees who agree in
writing to remain employed with the Supreme Court for a
period of service of not less than two years.''.
This title may be cited as the ``Judiciary Appropriations
Act, 2023''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $30,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $295,588,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $15,055,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $140,973,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $88,290,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $51,270,000, to remain available
until September 30, 2024, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be
retained and credited to this appropriation, to remain
available until expended, for salaries and expenses
associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50): Provided further, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $9,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That,
notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies: Provided further, That of the unobligated balances
from prior year appropriations made available under the
heading ``Federal Payment for Defender Services in District
of Columbia Courts'', $22,000,000, are hereby rescinded not
later than September 30, 2023.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $281,516,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That,
of the funds appropriated under this heading, $204,579,000
shall be for necessary expenses of Community Supervision and
Sex Offender Registration, to include expenses relating to
the supervision of adults subject to protection orders or the
provision of services for or related to such persons, of
which $7,798,000 shall remain available until September 30,
2025, for costs associated with the relocation under
replacement leases for headquarters offices, field offices
and related facilities: Provided further, That, of the
funds appropriated under this heading, $76,937,000 shall be
available to the Pretrial Services Agency, of which $998,000
shall remain available until September 30, 2025, for costs
associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$53,629,000: Provided, That notwithstanding any other
provision of law, all
[[Page H6794]]
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further,
That the District of Columbia Public Defender Service may
establish for employees of the District of Columbia Public
Defender Service a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5,
United States Code, except that the maximum amount of the
payment made under the program to any individual may not
exceed the amount referred to in section 3523(b)(3)(B) of
title 5, United States Code: Provided further, That the
District of Columbia Public Defender Service may be deemed an
``agency'' for purposes of engaging with and receiving
services from Federal Franchise Fund Programs established in
accordance with section 403 of the Government Management
Reform Act of 1994 (Public Law 103-356), as amended:
Provided further, That the District of Columbia Public
Defender Service may enter into contracts for the procurement
of severable services and multiyear contracts for the
acquisition of property and services to the same extent and
under the same conditions as an executive agency under
sections 3902 and 3903 of title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,450,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2024, to the Commission on Judicial Disabilities and
Tenure, $330,000, and for the Judicial Nomination Commission,
$300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the
Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds
are available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,750,000 shall be for the activities
specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in
section 3009 of the Act: Provided further, That none of the
funds made available under this heading may be used for an
opportunity scholarship for a student to attend a school
which does not certify to the Secretary of Education that the
student will be provided with the same protections under the
Federal laws which are enforced by the Office for Civil
Rights of the Department of Education which are provided to a
student of a public elementary or secondary school in the
District of Columbia and which does not certify to the
Secretary of Education that the student and the student's
parents will be provided with the same services, rights, and
protections under the Individuals With Disabilities Education
Act (20 U.S.C. 1400 et seq.) which are provided to a student
and a student's parents of a public elementary or secondary
school in the District of Columbia, as enumerated in Table 2
of Government Accountability Office Report 18-94 (entitled
``Federal Actions Needed to Ensure Parents Are Notified About
Changes in Rights for Students with Disabilities''), issued
November 2017.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2023''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,465,000, to remain available until September 30, 2024, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $166,300,000, of which
$2,500,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2023, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $34,087,000, of which
$1,500,000 shall be made available to the National Institute
of Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002, and of
which $4,000,000, to remain available until expended, shall
be for the Help America Vote College Program as authorized by
title V of the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $400,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands
shall be deemed to be a State and, for purposes of sections
101(d)(2) and 103(a), shall be treated in the same manner as
the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands: Provided further, That
each reference to the ``Administrator of General Services''
or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'':
Provided further, That each reference to ``$5,000,000'' in
section 103 shall be deemed to refer to ``$3,000,000'' and
each reference to ``$1,000,000'' in section 103 shall be
deemed to refer to ``$600,000'': Provided further, That not
later than 45 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That a State
shall use such payment to replace voting systems which use
direct-recording electronic voting machines with a voting
system which uses an individual, durable, voter-verified
paper ballot which is marked by the voter by hand or through
the use of a non-tabulating ballot-marking device or system,
so long as the voter shall have the option to mark his or her
ballot by hand, and provides the voter with an opportunity to
inspect and confirm the marked ballot before casting (in this
heading referred to as a ``qualified voting system''):
Provided further, That for purposes of determining whether a
voting system is a qualified voting system, a voter-verified
paper audit trail receipt generated by a direct-recording
electronic voting machine is not a paper ballot: Provided
further, That none of the funds made available under this
heading may be used to purchase or obtain any voting system
which is not a qualified voting system: Provided further,
That a State may use such payment to carry out other
authorized activities to improve the administration of
elections for Federal office only if the State certifies to
the Election Assistance Commission that the State has
replaced all voting systems which use direct-recording
electronic voting machines with qualified voting systems:
Provided further, That not less than 67 percent of the amount
of the payment made to a State under this heading shall be
allocated in cash or in kind to the units of local government
which are responsible for the administration of elections for
Federal office in the State: Provided further, That States
shall
[[Page H6795]]
submit quarterly financial reports and annual progress
reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$390,192,000, to remain available until expended: Provided,
That $390,192,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses, and shall remain available until
expended: Provided further, That the sum herein appropriated
shall be reduced as such offsetting collections are received
during fiscal year 2023 so as to result in a final fiscal
year 2023 appropriation estimated at $0: Provided further,
That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained
and made available for obligation shall not exceed
$132,231,000 for fiscal year 2023: Provided further, That,
of the amount appropriated under this heading, not less than
$12,131,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2022'' each place it appears and
inserting ``December 31, 2024''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Sec. 512. Notwithstanding section 421 of the Controlled
Substances Act (21 U.S.C. 862), or any other provision of
law, none of the funds made available in this Act to the
Federal Communications Commission may be used, with respect
to an authorization for radio or television stations, to
deny, fail to renew for a full term or condition the
authorization, decline to approve an application for
authority to assign the authorization or transfer direct or
indirect control of the licensee, require an early renewal
application, or impose a forfeiture penalty because the
station broadcast or otherwise transmitted advertisements (a)
of a business selling cannabis or cannabis-derived products,
the sale or distribution of which is authorized in the State,
political subdivision of a State, or Indian country in which
the community of license of a station is located, or (b) of a
business selling hemp, hemp-derived CBD products or other
hemp-derived cannabinoid products.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $47,500,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $81,674,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses: Provided, That not less than
$2,211,000 shall be for the salaries and expenses of the
Office of the Inspector General.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$31,762,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Permitting Improvement Steering Council
environmental review improvement fund
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-
8(d), $10,000,000, to remain available until expended.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$490,000,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection (and
estimated to be $190,000,000 in fiscal year 2023), shall be
retained and used for necessary expenses in this
appropriation and shall remain available until expended:
Provided further, That, notwithstanding any other provision
of law, fees collected to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101
et seq.), regardless of the year of collection (and estimated
to be $20,000,000 in fiscal year 2023), shall be credited to
this account, and be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2023, so as to
result in a final fiscal year 2023 appropriation from the
general fund estimated at not more than $280,000,000:
Provided further, That none of the funds made available to
the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of
$10,485,535,000, of which--
(1) $962,438,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $379,938,000 is for the Department of Homeland Security
Consolidation at St. Elizabeths, Washington, DC;
(B) $21,000,000 is for the Federal Energy Regulatory
Commission Lease Purchase;
(C) $500,000,000 is for the Federal Bureau of Investigation
Headquarters Consolidation in the National Capital Region;
and
(D) $61,500,000 is for the U.S. Courthouse in Hartford, CT:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of the
House of Representatives and the Senate of a greater amount;
(2) $974,708,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $475,911,000 is for Major Repairs and Alterations as
follows:
Multiple Locations:
National Conveying Systems, $63,198,000;
National Capital Region:
Fire Alarm Systems, $81,125,000;
New York:
New York, Alexander Hamilton U.S. Courthouse, $68,497,000;
Pennsylvania:
Philadelphia, James A. Byrne U.S. Courthouse, $83,955,000;
Georgia:
Atlanta, Sam Nunn Atlanta Federal Center, $72,015,000;
Montana:
Butte, Mike Mansfield Federal Building and U.S. Courthouse,
$25,792,000;
California:
San Francisco Federal Building, $15,687,000;
Vermont:
St. Albans, Federal Building, U.S. Post Office and
Courthouse, $17,978,000;
Colorado:
Denver, Federal Center Infrastructure, $47,664,000;
(B) $398,797,000 is for Basic Repairs and Alterations, of
which $3,000,000 is for repairs to the water feature at the
Wilkie D. Ferguson Jr. U.S. Courthouse in Miami, FL; and
(C) $100,000,000 is for the Special Emphasis Programs:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund
[[Page H6796]]
for Repairs and Alterations shall, for prospectus projects,
be limited to the amount identified for each project, except
each project in this or any previous Act may be increased by
an amount not to exceed 10 percent unless advance approval is
obtained from the Committees on Appropriations of the House
of Representatives and the Senate of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to ``Basic Repairs and Alterations'' or used to fund
authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior Act
for ``Basic Repairs and Alterations'' may be used to pay
claims against the Government arising from any projects under
the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects;
(3) $5,596,008,000 for rental of space to remain available
until expended; and
(4) $2,952,381,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control as may be appropriate to enable the United States
Secret Service to perform its protective functions pursuant
to 18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2022, excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund in
this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $71,186,000, of which $4,000,000 shall
remain available until September 30, 2024.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, and management; and
services as authorized by 5 U.S.C. 3109; $54,478,000, of
which not to exceed $7,500 is for official reception and
representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $10,352,000, of which $2,000,000 shall
remain available until September 30, 2024.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $74,583,000:
Provided, That not to exceed $3,000,000 shall be available
for information technology enhancements related to
implementing cloud services, improving security measures, and
providing modern technology case management solutions:
Provided further, That not to exceed $50,000 shall be
available for payment for information and detection of fraud
against the Government, including payment for recovery of
stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of
other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically
through the development and implementation of innovative uses
of information technology; $115,784,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$160,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2023 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That, of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-
time hires to support activities related to the
Administration's requirements under title II of the
Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115-435): Provided further, That the transfer
authorities provided herein shall be in addition to any other
transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $100,000,000, to
remain available until expended, for technology-related
modernization activities.
asset proceeds and space management fund
For carrying out section 16(b) of the Federal Assets Sale
and Transfer Act of 2016 (40 U.S.C. 1303 note), $7,000,000,
to remain available until expended.
working capital fund
(including transfer of funds)
For the Working Capital Fund of the General Services
Administration, $10,900,000, to remain available until
expended, for necessary costs incurred by the Administrator
to modernize rulemaking systems and to provide support
services for Federal rulemaking agencies: Provided, That
amounts made available under this heading shall be in
addition to any other amounts available for such purposes.
electric vehicles fund
(including transfer of funds)
For the procurement of zero emission and electric passenger
motor vehicles and the associated charging infrastructure,
notwithstanding section 303(c) of the Energy Policy Act of
1992 (42 U.S.C. 13212(c)), $100,000,000, to remain available
until expended: Provided, That amounts made available under
this heading shall be in addition to any other amounts
available for such purposes: Provided further, That amounts
available under this heading may be transferred to and merged
with appropriations at other Federal agencies, at the
discretion of the Administrator, for carrying out the
purposes under this heading, including for the procurement of
charging infrastructure for the United States Postal Service.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2023 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2024 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on
[[Page H6797]]
Environment and Public Works of the Senate adopt a resolution
granting lease authority pursuant to a prospectus transmitted
to Congress by the Administrator of the General Services
Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical
to the delineated area included in the prospectus for all
lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should
not be identical to the delineated area included in the
prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate
prior to exercising any lease authority provided in the
resolution.
Sec. 526. With respect to E-Government projects funded
under the heading ``Federal Citizen Services Fund'', the
Administrator of General Services shall submit a spending
plan and explanation for each project to be undertaken to the
Committees on Appropriations of the House of Representatives
and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. None of the funds made available in this or any
other Act for the Federal Bureau of Investigation
Headquarters Consolidation project may be used to plan or
design any facility that does not meet the requirements of a
new, fully-consolidated headquarters building in the National
Capital Region at one of the three sites listed in the
General Services Administration Fiscal Year 2017 PNCR-FBI-NCR
17 prospectus for a new fully-consolidated Federal Bureau of
Investigation Headquarters, and that does not meet
Interagency Security Committee Level V security standards as
described in the General Services Administration Fiscal Year
2017 PNCR-FBI-NCR 17 prospectus.
Sec. 528. None of the funds made available in this Act may
be used by the General Services Administration to award or
facilitate the award of any contract for the provision of
architectural, engineering, and related services in a manner
inconsistent with the procedures in chapter 11 of title 40,
United States Code, and subpart 36.6 of title 48, Code of
Federal Regulations.
Sec. 529. None of the funds made available in this Act may
be used to implement or otherwise carry out directives
contained in any Executive Order that would establish a
preferred architectural style for Federal buildings and
courthouses or that would otherwise conflict with the Guiding
Principles of Federal Architecture, as established by the Ad
Hoc Committee on Federal Space on June 1, 1962.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$2,500,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $51,139,000,
to remain available until September 30, 2024, and in addition
$2,345,000, to remain available until September 30, 2024, for
administrative expenses to adjudicate retirement appeals to
be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to
remain available for direct expenditure, and to remain
available until expended, of which, notwithstanding sections
8 and 9 of such Act, up to $1,000,000 shall be available to
carry out the activities authorized by section 6(7) of Public
Law 102-259 and section 817(a) of Public Law 106-568 (20
U.S.C. 5604(7)): Provided, That all current and previous
amounts transferred to the Office of Inspector General of the
Department of the Interior will remain available until
expended for audits and investigations of the Morris K. Udall
and Stewart L. Udall Foundation, consistent with the
Inspector General Act of 1978 (5 U.S.C. App.), as amended,
and for annual independent financial audits of the Morris K.
Udall and Stewart L. Udall Foundation pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-
289): Provided further, That previous amounts transferred to
the Office of Inspector General of the Department of the
Interior may be transferred to the Morris K. Udall and
Stewart L. Udall Foundation for annual independent financial
audits pursuant to the Accountability of Tax Dollars Act of
2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities under sections 10 and 11 of the Morris
K. Udall and Stewart L. Udall Foundation Act (Public Law 111-
90), $3,943,000, to remain available until expended:
Provided, That during fiscal year 2023 and each fiscal year
thereafter, any amounts in such Fund shall, pursuant to
section 1557 of title 31, United States Code, be exempt from
the provisions of subchapter IV of chapter 15 of such title.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$427,520,000, of which $30,000,000 shall remain available
until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and
store Government records, of which up to $2,000,000 shall
remain available until expended to implement the Civil Rights
Cold Case Records Collection Act of 2018 (Public Law 115-
426), and of which $1,000,000 shall be for necessary expenses
of the Public Interest Declassification Board in carrying out
the provisions of the Public Interest Declassification Act of
2000 (title VII of Public Law 106-567; 50 U.S.C. 3301 note).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$5,980,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $9,500,000, to remain available until expended.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National
Historical Publications and Records Commission Grants
Program'', $1,332,000, which shall be for initiatives in the
amounts and for the projects specified in the table that
appears under the heading ``Administrative Provisions--
National Archives and Records Administration'' in the report
accompanying this Act: Provided, That none of the funds made
available by this section may be transferred for any other
purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $4,000,000
shall be available until September 30, 2024, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the
Representative Louise McIntosh Slaughter Stop Trading on
Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $25,400,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $220,262,000: Provided, That of the total amount made
available under this heading, $19,373,000 shall remain
available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition
to funds otherwise made available for such purposes:
Provided further, That of the total amount made available
under this heading, $1,381,748 may be made available for
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$190,316,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided
[[Page H6798]]
further, That the provisions of this appropriation shall not
affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2023,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission: Provided further,
That not to exceed 5 percent of amounts made available under
this heading may be transferred to an information technology
working capital fund established for purposes authorized by
subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40
U. S. C. 11301 note) upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts transferred
to such a fund under the preceding proviso from any
organizational category of the Office of Personnel Management
shall not exceed 5 percent of its budget as identified in the
report required by section 608 of this Act: Provided
further, That amounts transferred to such a fund shall remain
available for obligation through September 30, 2026.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $5,556,000, and in
addition, not to exceed $32,163,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles, $31,990,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $10,700,000, to remain available until
September 30, 2024.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114-287), $4,000,000, to remain
available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$2,149,000,000, to remain available until expended; of which
not less than $18,979,400 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be
available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
lease for the Commission's District of Columbia headquarters
facilities, not to exceed $57,405,000, to remain available
until expended.
For purposes of calculating the fee rate under section
31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(j)) for fiscal year 2023, all amounts appropriated under
this heading shall be deemed to be the regular appropriation
to the Commission for fiscal year 2023: Provided, That fees
and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further,
That not to exceed $2,149,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account; and not to exceed $57,405,000 of
such offsetting collections shall be available until expended
for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's
District of Columbia headquarters facilities: Provided
further, That the total amount appropriated under this
heading from the general fund for fiscal year 2023 shall be
reduced as such offsetting fees are received so as to result
in a final total fiscal year 2023 appropriation from the
general fund estimated at not more than $0: Provided
further, That if any amount of the appropriation for move,
replication, and related costs associated with a replacement
lease for the Commission's District of Columbia headquarters
facilities is subsequently de-obligated by the Commission,
such amount that was derived from the general fund shall be
returned to the general fund, and such amounts that were
derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and
national securities association, respectively, in proportion
to any fees or assessments paid by such national securities
exchange or national securities association under section 31
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in
fiscal year 2023.
administrative provision--securities and exchange commission
Sec. 540. None of the funds made available by this Act may
be used to implement the amendments to sections 240.14a-1(l),
240.14a-2, or 240.14a-9 of title 17, Code of Federal
Regulations, that were adopted by the Securities and Exchange
Commission on July 22, 2020.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $29,300,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $313,872,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2023: Provided further, That $6,100,000
shall remain available until September 30, 2024, for the Loan
Modernization and Accounting System: Provided further, That
$20,000,000 shall remain available until September 30, 2024,
for expenses relating to the certification of small business
concerns owned and controlled by veterans and small business
concerns owned and controlled by service-disabled veterans
under sections 36 and 36A of the Small Business Act (15
U.S.C. 657f; 657f-1).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $326,000,000,
to remain available until September 30, 2024: Provided, That
$145,000,000 shall be available to fund grants for
performance in fiscal year 2023 or fiscal year 2024 as
authorized by section 21 of the Small Business Act: Provided
further, That $41,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $22,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $10,211,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such
[[Page H6799]]
loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2023 commitments to guarantee loans
under section 503 of the Small Business Investment Act of
1958 shall not exceed $11,000,000,000: Provided further,
That during fiscal year 2023 commitments for general business
loans authorized under paragraphs (1) through (35) of section
7(a) of the Small Business Act shall not exceed
$35,000,000,000 for a combination of amortizing term loans
and the aggregated maximum line of credit provided by
revolving loans: Provided further, That during fiscal year
2023 commitments for loans authorized under subparagraph (C)
of section 502(7) of the Small Business Investment Act of
1958 (15 U.S.C. 696(7)) shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2023 commitments to
guarantee loans for debentures under section 303(b) of the
Small Business Investment Act of 1958 shall not exceed
$5,000,000,000: Provided further, That during fiscal year
2023, guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal
amount of $15,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan
programs, $165,300,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$179,000,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $169,000,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $8,400,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses: Provided, That, of
the funds provided under this heading, $143,000,000 shall be
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for
major disasters under this heading is designated by the
Congress as being for disaster relief pursuant to section
1(f) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022.
administrative provisions--small business administration
(including transfers of funds)
Sec. 550. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 551. Not to exceed 3 percent of any appropriation
made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses''
and ``Business Loans Program Account'' may be transferred to
the Administration's information technology system
modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act,
upon the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided,
That amounts transferred to the IT WCF under this section
shall remain available for obligation through September 30,
2026.
Sec. 552. For an additional amount under the heading
``Small Business Administration--Salaries and Expenses'',
$75,159,000, which shall be for initiatives related to small
business development and entrepreneurship, including
programmatic and construction activities, in the amounts and
for the projects specified in the table that appears under
the heading ``Administrative Provisions--Small Business
Administration'' in the report accompanying this Act:
Provided, That, notwithstanding sections 2701.92 and 2701.93
of title 2, Code of Federal Regulations, the Administrator of
the Small Business Administration may permit awards to
subrecipients for initiatives funded under this section:
Provided further, That none of the funds made available by
this section may be transferred for any other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$56,253,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any
individual participating in a State or local program of child
support enforcement, a fee for information requested or
provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act
shall be used to consolidate or close small rural and other
small post offices: Provided further, That the Postal
Service may not destroy, and shall continue to offer for
sale, any copies of the Multinational Species Conservation
Funds Semipostal Stamp, as authorized under the Multinational
Species Conservation Funds Semipostal Stamp Act of 2010
(Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $271,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, and not to
exceed $3,000 for official reception and representation
expenses; $57,300,000, of which $1,000,000 shall remain
available until expended: Provided, That travel expenses of
the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2023, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation, detailing both full-time employee
equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level; (2) a delineation in the table for each
appropriation and its respective prior year enacted level by
object class and program, project, and activity as detailed
in this Act, in the accompanying report, or in the budget
appendix for the respective appropriation, whichever is more
detailed, and which shall apply to all items for which a
dollar amount is
[[Page H6800]]
specified and to all programs for which new budget authority
is provided, as well as to discretionary grants and
discretionary grant allocations; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023 from
appropriations made available for salaries and expenses for
fiscal year 2023 in this Act, shall remain available through
September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 614. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 615. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 616. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 617. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 618. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 619. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 620. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 621. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II: Provided further, That any such
alternative mechanism shall maintain existing high-cost
support to competitive eligible telecommunications carriers
until support under such mechanism commences.
Sec. 622. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 623. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a
contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the
Federal Acquisition Regulation.
Sec. 624. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of
more than $500,000 at any single conference unless the agency
or entity determines that such attendance is in the national
interest and advance notice is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such
[[Page H6801]]
attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House
of Representatives and the Senate that includes the basis of
that determination.
Sec. 625. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 626. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $850,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to section 11(c)(3)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.): Provided, That these amounts shall
be in addition to any amounts or any authority available to
the Council of the Inspectors General on Integrity and
Efficiency under section 11 of the Inspector General Act of
1978 (5 U.S.C. App.).
Sec. 627. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management
and Budget Circular A-87 (revised May 10, 2004), unless
advance notice of such an obligation is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 628. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to
the agency for advertising or other communications regarding
the programs and activities of the agency.
Sec. 629. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 630. Not later than 45 days after the last day of
each quarter, each agency funded in this Act shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a quarterly budget report that
includes total obligations of the Agency for that quarter for
each appropriation, by the source year of the appropriation.
Sec. 631. None of the funds made available in this Act may
be used to penalize a financial institution solely because
the institution provides financial services to an entity that
is a manufacturer, a producer, or a person that participates
in any business or organized activity that involves handling
hemp, hemp-derived cannabidiol products, other hemp-derived
cannabinoid products, marijuana, marijuana products, or
marijuana proceeds, and engages in such activity pursuant to
a law established by a State, political subdivision of a
State, or Indian Tribe. In this section, the term ``State''
means each of the several States, the District of Columbia,
and any territory or possession of the United States.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2023 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; (4) is a person who owes allegiance to the United
States; or (5) is a person who is authorized to be employed
in the United States pursuant to the Deferred Action for
Childhood Arrivals program established under the memorandum
of the Secretary of Homeland Security dated June 15, 2012:
Provided, That for purposes of this section, affidavits
signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect
to his or her status are being complied with: Provided
further, That for purposes of paragraphs (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person
making a false affidavit shall be guilty of a felony, and
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who
is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens
employed by the Department of the Interior or the USDA Forest
Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head,
[[Page H6802]]
agency head, officer, or employee, or to purchase furniture
or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to
the Committees on Appropriations of the House of
Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite
of offices assigned to the individual, as well as any other
space used primarily by the individual or the use of which is
directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-wide Policy'' during
fiscal year 2023 shall remain available for obligation
through September 30, 2024: Provided further, That such
transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations of
the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science, Space, and Technology, and
the Senate Committee on Commerce, Science, and Transportation
90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
[[Page H6803]]
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2023, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal Government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 736. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2023,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2023, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2023, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2023 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2023 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2022,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2022,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2022.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2023 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2022.
Sec. 737. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2023 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
[[Page H6804]]
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2023 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 738. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 739. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 740. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 741. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 742. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress or the Office of Special Counsel,
(3) the reporting to an Inspector General of a violation of
any law, rule, or regulation, or mismanagement, a gross waste
of funds, an abuse of authority, or a substantial and
specific danger to public health or safety, or (4) any other
whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of
this section, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct of
an intelligence or intelligence-related activity, other than
an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2023 which does not contain substantially
similar language to that required in subsection (a).
Sec. 743. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. (a) During fiscal year 2023, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 746. (a) Notwithstanding any official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2023 shall
be the rate payable to the Vice President on December 31,
2022, by operation of section 747 of division E of Public Law
117-103.
(b) Notwithstanding any official rate adjusted under
section 5318 of title 5, United States Code, or any other
provision of law, the payable rate during calendar year 2023
for an employee serving in an Executive Schedule position, or
in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2022,
by operation of section 747 of division E of Public Law 117-
103. Such an employee may not receive a rate increase during
calendar year 2023, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
may not receive a pay rate increase during calendar year
2023, except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States
Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a
political appointment may not receive a pay rate increase
during calendar year 2023, except as provided in subsection
(i). This subsection does not apply to employees in the
General Schedule pay system or the Foreign Service pay
system, to employees appointed under section 3161 of title 5,
United States Code, or to employees in another pay system
whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay
under section 3392(c) of title 5, United States Code, for
such time as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980
(Public Law 96-465) for such time as that election is in
effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position only if that new position has higher-level duties
and a pre-established level or range of pay higher
[[Page H6805]]
than the level or range for the position held immediately
before the movement. Any such increase must be based on the
rates of pay and applicable limitations on payable rates of
pay in effect on December 31, 2022, by operation of section
747 of division E of Public Law 117-103.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable limitations on payable rates of pay in effect on
December 31, 2022, by operation of section 747 of division E
of Public Law 117-103.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2023 but
ends in calendar year 2024, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay
period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2023.
Sec. 747. In the event of a violation of the Impoundment
Control Act of 1974, the President or the head of the
relevant department or agency, as the case may be, shall
report immediately to the Congress all relevant facts and a
statement of actions taken: Provided, That a copy of each
report shall also be transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General on the same date the report is
transmitted to the Congress.
Sec. 748. During the current fiscal year--
(a) with respect to budget authority proposed to be
rescinded or that is set to be reserved or proposed to be
deferred in a special message transmitted under section 1012
or 1013 of the Congressional Budget and Impoundment Control
Act of 1974, such budget authority--
(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013 of such Act; and
(2) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority,
including, if applicable, the 90-day period before the
expiration of an initial period of availability for which
such budget authority was provided.
(b) With respect to an apportionment of an appropriation
made pursuant to section 1513(b) of title 31, United States
Code, an appropriation (as that term is defined in section
1511 of title 31, United States Code) shall be apportioned--
(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
(2) to make available all amounts for obligation, without
precondition (including footnotes) that shall be met prior to
obligation, not later than 90 days before the expiration of
the period of availability of such appropriation, including,
if applicable, 90 days before the expiration of an initial
period of availability for which such appropriation was
provided.
(c) As used in this section, the term ``budget authority''
includes budget authority made available by this or any other
Act, by prior appropriations Acts, or by any law other than
an appropriations Act.
(d)(1) The Comptroller General shall review compliance with
this section and shall submit to the Committees on
Appropriations and the Budget, and any other appropriate
congressional committees of the House of Representatives and
Senate a report, and any relevant information related to the
report, on any noncompliance with this section or the
Impoundment Control Act of 1974.
(2) The President or the head of the relevant department or
agency of the United States shall provide information,
documentation, and views to the Comptroller General, as is
determined by the Comptroller General to be necessary to
determine such compliance, not later than 20 days after the
date on which the request from the Comptroller General is
received, or if the Comptroller General determines that a
shorter or longer period is appropriate based on the specific
circumstances, within such shorter or longer period.
(3) To carry out the responsibilities of this section and
the Impoundment Control Act of 1974, the Comptroller General
shall also have access to interview the officers, employees,
contractors, and other agents and representatives of a
department, agency, or office of the United States at any
reasonable time as the Comptroller General may request.
(e)(1) An officer or employee of the Executive Branch of
the United States Government violating this section shall be
subject to appropriate administrative discipline including,
when circumstances warrant, suspension from duty without pay
or removal from office.
(2) In the event of a violation of this section, or in the
case that the Government Accountability Office issues a legal
decision concluding that a department, agency, or office of
the United States violated this section, the President or the
head of the relevant department or agency as the case may be,
shall report immediately to the Congress all relevant facts
and a statement of actions taken: Provided, That a copy of
each report shall also be transmitted to the Comptroller
General and the relevant inspector general on the same date
the report is transmitted to the Congress.
(3) Any such report shall include a summary of the facts
pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on
which the violation occurred, the position of any individuals
responsible for the violation, a statement of the
administrative discipline imposed and any further action
taken with respect to any officer or employee involved in the
violation, a statement of any additional action taken to
prevent recurrence of the same type of violation, and any
written response by any officer or employee identified by
position as involved in the violation: Provided, That in the
case that the Government Accountability Office issues a legal
decision concluding that a department, agency, or office of
the United States violated this section and the relevant
department, agency, or office does not agree that a violation
has occurred, the report provided to Congress, the
Comptroller General, and relevant inspector general will
explain such department, agency, or office's position.
Sec. 749. (a) If an executive agency or the District of
Columbia government receives a written request for
information, documentation, or views from the Government
Accountability Office relating to a decision or opinion on
budget or appropriations law, the executive agency or the
District of Columbia government shall provide the requested
information, documentation, or views not later than 20 days
after receiving the written request, unless such written
request specifically provides otherwise.
(b) If an executive agency or the District of Columbia
government fails to respond to the request for information,
documentation, or views within the time required by this
section--
(1) the Comptroller General shall notify, in writing, the
Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and any other appropriate
congressional committee of the House of Representatives and
the Senate of such failure; and
(2) the Comptroller General is hereby expressly empowered,
through attorneys of their own selection, to bring a civil
action in the United States District Court for the District
of Columbia to require such information, documentation, or
views to be produced, and such court is expressly empowered
to enter in such civil action, against any department,
agency, officer, or employee of the United States, any
decree, judgment, or order which may be necessary or
appropriate to require such production.
(c) If the Government Accountability Office determines that
an officer or employee of an executive agency or an officer
or employee of the District of Columbia government has
violated section 1341(a), 1342, or 1517(a) of title 31,
United States Code, the head of the agency or the Mayor of
the District of Columbia, as the case may be, shall report
immediately to the President and Congress all relevant facts
and a statement of actions taken: Provided, That a copy of
each report shall also be transmitted to the Comptroller
General on the same date the report is transmitted to the
President and Congress: Provided further, That in the case
that the Government Accountability Office issues a legal
decision concluding that section 1341(a), 1342, or 1517(a) of
title 31, United States Code was violated, and the executive
agency or District of Columbia government, as applicable,
does not agree that a violation has occurred, the report
provided to the President, the Congress, and the Comptroller
General will explain its position.
(d) The report required by subsection (c) and any report
required by section 1351 or section 1517(b) of title 31,
United States Code, shall include a summary of the facts
pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on
which the violation occurred, the position of any officer or
employee responsible for the violation, a statement of the
administrative discipline imposed and any further action
taken with respect to any officer or employee involved in the
violation, a statement of any additional action taken to
prevent recurrence of the same type of violation, a statement
of any determination that the violation was not knowing and
willful that has been made by the executive agency or
District of Columbia government, and any written response by
any officer or employee identified by position as involved in
the violation.
Sec. 750. (a) Each department or agency of the executive
branch of the United States Government shall notify the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such
appropriation or the execution of a program, project, or
activity by such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information
identifying the bureau, account name, appropriation name, and
Treasury Appropriation Fund Symbol or fund account.
Sec. 751. (a) Establishment.--There is hereby established
the Commission on Federal Naming and Displays (hereinafter
referred to as the ``Commission'').
(b) Duties.--
(1) Development of list.--Not later than 180 days after the
day by which all of its members have been appointed, the
Commission, with input from the general public, shall develop
and publish a list of property names, monuments, statues,
public artworks, historical markers, and other symbols owned
by the Federal government or located on property owned by the
Federal government (including the legislative branch and the
judicial branch) which the Commission identifies as
inconsistent with the values of diversity, equity, and
inclusion, including those
[[Page H6806]]
that do not represent the demographic diversity and history
of the community.
(2) Recommendations.--Not later than 180 days after
publishing the list under paragraph (1), and after holding
not fewer than two public meetings, the Commission shall
submit to the President and Congress a report containing the
following information:
(A) A recommendation regarding whether each property name,
monument, statue, public artwork, historical marker, or other
symbol on the list developed under paragraph (1) should
remain unchanged or should be renamed or removed.
(B) Supporting materials and context information for each
recommendation under subparagraph (A).
(C) Such other recommendations as the Commission may
consider appropriate, including recommendations for
educational programs, supplemental historical markers, or
other activities to promote diversity, equity, and inclusion
and to promote national reconciliation.
(3) Separate views of members.--The Commission may include
in the report submitted under paragraph (2) supplemental or
dissenting recommendations from individual members of the
Commission.
(c) Membership.--
(1) Appointment.--The Commission shall consist of the
following:
(A) Two members appointed by the President.
(B) Two members appointed by the Speaker of the House of
Representatives.
(C) Two members appointed by the Majority Leader of the
Senate.
(D) One member appointed by the Minority Leader of the
House of Representatives.
(E) One member appointed by the Minority Leader of the
Senate.
(F) Each of the following individuals:
(i) The Secretary of the Smithsonian Institution.
(ii) The Historian of the House of Representatives.
(iii) The Historian of the Senate.
(2) Qualifications.--Each member of the Commission
appointed under subparagraphs (A) through (E) of paragraph
(1) shall have 10 or more years of educational and
professional experience in one or more of the following
disciplines:
(A) History.
(B) Art and antiquities.
(C) Historic preservation.
(D) Cultural heritage.
(E) Education.
(3) No compensation for service; travel expenses.--Members
of the Commission shall serve without pay, but each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--The members of the
Commission shall be appointed not later than 45 days after
the date of the enactment of this Act.
(5) Co-chairs.--Not later than 10 days after the first
meeting of the Commission, the members of the Commission
shall select two co-chairs from among the members.
(d) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act
at times and places, take testimony, and receive evidence as
the Commission considers appropriate, except that the
Commission shall hold its initial meeting not later than 10
days after the day by which all of its members have been
appointed.
(2) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out its duties.
Upon request of the Commission, the head of that department
or agency shall furnish that information to the Commission.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Librarian of Congress shall provide to
the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out
its duties.
(5) Staff of federal agencies.--Upon the request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of that department or agency to
the Commission to assist it in carrying out its duties. Any
personnel detailed to the Commission under this paragraph may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
goods and services, without regard to section 6101 of title
41, United States Code.
(e) Funding.--There is hereby appropriated $1,500,000, to
remain available until expended, to carry out this section.
(f) Termination.--The Commission shall terminate 60 days
after submitting the report under subsection (b)(2).
Sec. 752. Notwithstanding section 1346 of title 31, United
States Code, or section 708 of this Act, funds made available
by this or any other Act to any Federal agency may be used by
that Federal agency for interagency funding for coordination
with, participation in, or recommendations involving,
activities of the U.S. Army Medical Research and Development
Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research
programs.
Sec. 753. (a) As a condition of receiving funds provided in
this or any other appropriations Act for fiscal year 2023
that are specified in the disclosure table submitted in
compliance with clause 9 of rule XXI of the Rules of the
House of Representatives that is included in the report or
explanatory statement accompanying any such Act, any non-
Federal entity shall, to the extent practicable--
(1) retain until the date that is 3 years after the date on
which such entity has expended such funds any records related
to the planned or actual obligation or expenditure of such
funds, and make available any such records to the Comptroller
General of the United States, upon request; and
(2) subject to reasonable advance notification by the
Comptroller General--
(A) make available to the Comptroller General or their
designee for interview, any officers, employees, or staff of
such entity involved in the obligation or expenditure of such
funds; and
(B) grant access to the Comptroller General or their
designee for inspection, any facilities, work sites, offices,
or other locations, as the Comptroller General deems
necessary, at which the individuals referenced in
subparagraph (A) carry out their responsibilities related to
such funds. The Comptroller General may make and retain
copies of these records as the Comptroller General determines
necessary.
(b) Access, rights, and authority provided to the
Comptroller General or their designee under this section
shall be in addition to any other authority vested in the
Comptroller General, and nothing in this section shall be
construed to limit, amend, supersede, or restrict in any
manner any existing authority of the Comptroller General.
Sec. 754. (a) Beginning on the date that is 180 days after
the date of enactment of this Act, and except as provided in
subsection (b), none of the funds made available by this Act
may be used to purchase infrastructure as a service except
infrastructure as a service determined by the Government to
take reasonable measures to--
(1) not store or transmit images which depict known
violations of sections 2251, 2251A, 2252, 2252A, 2252B or
2260 of title 18, United States Code, with respect to child
pornography; and
(2) comply with the reporting requirements under section
2258A(a) of such title for such violations.
(b) The limitation in subsection (a) shall not apply to
such services used for bona fide law enforcement actions.
Sec. 755. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 801. None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2023, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 802. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 803. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2023
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2023 in this Act, shall
remain available through September 30, 2024, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
801 of this Act.
Sec. 804. (a)(1) During fiscal year 2024, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2024 which
(subject to the requirements of the District of Columbia Home
[[Page H6807]]
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2024 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2024 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2024.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2024 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2024 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 805. (a) Section 3(c)(2)(G) of the District of
Columbia College Access Act of 1999 (sec. 38-2702(c)(2)(G),
D.C. Official Code) is amended to read as follows:
``(G) is from a family with a taxable annual income of less
than the applicable family income limit, as defined in
paragraph (7).''.
(b) Section 3(c) of such Act (sec. 38-2702(c), D.C.
Official Code) is amended by adding at the end the following
new paragraph:
``(7) Applicable family income limit.--The term `applicable
family income limit' means, with respect to an individual,
the following:
``(A) In the case of an individual who began an
undergraduate course of study prior to school year 2015-2016,
$1,000,000.
``(B) In the case of an individual who begins an
undergraduate course of study in school year 2016-2017,
$750,000.
``(C) In the case of an individual who begins an
undergraduate course of study in school year 2017-2018 or
school year 2018-2019, the applicable family income limit
under this paragraph for an individual who began an
undergraduate course of study in the previous school year,
adjusted by the Mayor for inflation, as measured by the
percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor.
``(D) In the case of an individual who begins an
undergraduate course of study in school year 2019-2020,
$500,000.
``(E) In the case of an individual who begins an
undergraduate course of study in school year 2020-2021, the
amount described in subparagraph (D), adjusted by the Mayor
for inflation, as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer Price
Index for All Urban Consumers, published by the Bureau of
Labor Statistics of the Department of Labor.
``(F) In the case of an individual who begins an
undergraduate course of study in school year 2021-2022,
$750,000.
``(G) In the case of an individual who begins an
undergraduate course of study in school year 2022-2023 or any
succeeding school year, the applicable family income limit
under this paragraph for an individual who began an
undergraduate course of study in the previous school year,
adjusted by the Mayor for inflation, as measured by the
percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor.''.
(c) The amendments made by this section shall take effect
as if included in the enactment of the Financial Services and
General Government Appropriations Act, 2019 (division D of
Public Law 116-6).
Sec. 806. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 807. (a) Section 244 of the Revised Statutes of the
United States relating to the District of Columbia (sec. 9-
1201.03, D.C. Official Code) does not apply with respect to
any railroads installed pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means
the project carried out by the District of Columbia and the
Commonwealth of Virginia to construct a new Long Bridge
adjacent to the existing Long Bridge over the Potomac River,
including related infrastructure and other related projects,
to expand commuter and regional passenger rail service and to
provide bike and pedestrian access crossings over the Potomac
River.
Sec. 808. No services may be made available in accordance
with section 740(a) of the District of Columbia Home Rule Act
(sec. 1-207.40(a), D.C. Official Code) at any time during
fiscal year 2023.
Sec. 809. Section 3 of the District of Columbia College
Access Act of 1999 (sec.38-2702, D.C. Official Code), is
amended--
(1) in subsection (a)(2)(A), by striking ``$10,000'' and
inserting ``$15,000'';
(2) in subsection (a)(2)(B), by striking ``$50,000'' and
inserting ``$75,000'';
(3) in subsection (b)(1)(A), by striking ``and'' at the
end;
(4) in subsection (b)(1), by redesignating subparagraph (B)
as subparagraph (C) and inserting after subparagraph (A) the
following new subparagraph; ``(B) after making reductions
under subparagraph (A), ratably reduce the amount of the
tuition and fee payment of each eligible student who receives
more than $10,000 for the award year; and''; and
(5) in subparagraph (C) of subsection (b)(1), as so
redesignated, by striking ``subparagraph (A)'' and inserting
``subparagraphs (A) and (B)''.
Sec. 810. Adjustments in Compensation Rates for Certain
Personnel.--
(a) Attorneys Representing Indigent Defendants.--
(1) Section 11-2604(a), District of Columbia Official Code,
is amended by striking ``at a fixed rate of $90 per hour''
and inserting ``an hourly rate not to exceed the rate payable
under section 3006A(d)(1) of title 18, United States Code''.
(2) The amendments made by this section shall apply with
respect to cases and proceedings initiated on or after the
date of the enactment of this Act.
(b) Criminal Justice Investigators.--
(1) Section 11-2605, District of Columbia Official Code, is
amended in subsections (b) and (c) by striking ``(or, in the
case of investigative services, a fixed rate of $25 per
hour)'' each place it appears.
(2) The amendments made by this section shall apply with
respect to investigative services provided in connection with
cases and proceedings initiated on or after the date of the
enactment of this Act.
Sec. 811. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2023''.
DIVISION E--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)), $1,416,126,000, to remain available until September
30, 2024; of which $79,345,000 for annual and deferred
maintenance and $156,100,000 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 $1,000,000 may be made available for the
purposes described in section 122(e)(1)(A) of division G of
Public Law 115-31 (43 U.S.C. 1748c(e)(1)(A)).
In addition, $51,020,000, to remain available until
expended, is for conducting oil and gas inspection
activities, to be reduced by amounts collected by the Bureau
and credited to this appropriation from onshore oil and gas
inspection fees that the Bureau shall collect, as provided
for in this Act; and $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 $1,416,126,000 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; $125,049,000, 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
[[Page H6808]]
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
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, $1,649,753,000, to remain available until
September 30, 2024: Provided, That not to exceed $25,946,000
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.
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; $32,904,000, to remain available until
expended: Provided, That such amounts are available for the
modernization of field communication capabilities, in
addition to amounts otherwise available for such purpose.
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.), $25,500,000, 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, $74,362,000, to remain
available until expended: Provided, That of the amount
provided herein, $6,250,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$7,862,000 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
$14,112,000 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
[[Page H6809]]
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, $3,089,856,000, 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
$5,000,000 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, $88,243,000, to remain available until
September 30, 2024.
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), $170,825,000, 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; $26,750,000 is for competitive grants to preserve
the sites and stories of the Civil Rights movement;
$10,000,000 is for grants to Historically Black Colleges and
Universities; $10,000,000 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; $3,000,000 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 $11,650,000
is for projects specified for the Historic Preservation Fund
in the table titled ``Interior and Environment Incorporation
of Community Project Funding Items'' included for this
division in the report accompanying this 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 compliance and planning for programs
and areas administered by the National Park Service,
$279,340,000, 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
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; $1,644,232,000, to
remain available until September 30, 2024; of which
$92,274,000 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.
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
[[Page H6810]]
agreements $228,765,000, of which $191,765,000 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 $191,765,000:
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, $175,086,000, of which
$151,086,000 is to remain available until September 30, 2024,
and of which $24,000,000 is to remain available until
expended, including $5,000,000 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 $156,086,000.
For an additional amount, $44,000,000, 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 $44,000,000, the amounts realized in excess of
$44,000,000 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, $122,076,000, 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 $122,076,000.
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,
$34,142,000, 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 report accompanying this 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 report accompanying
this 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.), $2,149,387,000, 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 $78,488,000
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
$67,084,000 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 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), $50,000,000, 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
[[Page H6811]]
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; $181,009,000, 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).
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.), $1,202,676,000 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 $870,288,000 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 $99,107,000 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; $375,102,000 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, $111,286,000, 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
[[Page H6812]]
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 eighth 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, $147,706,000, 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, $121,257,000, of which: (1) $111,040,000 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,
$103,190,000, to remain available until September 30, 2024.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$76,870,000, 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, $1,202,130,000,
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
$304,344,000 is for fuels management activities: Provided
further, That of the funds provided $22,470,000 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
[[Page H6813]]
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: Provided
further, That of the funds provided under this heading,
$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.
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, $45,000,000, 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., $8,059,000, to remain available
until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, data management,
and information technology improvements of general benefit to
the Department, cybersecurity, and the consolidation of
facilities and operations throughout the Department,
$118,746,000, 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, $174,977,000, 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.
[[Page H6814]]
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: Provided, That for the purposes of 54
U.S.C. 200306(a), such lands, waters, or interests therein
shall be considered to be within the exterior boundary of a
System unit authorized or established.
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) $11,725 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $18,984 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $35,176 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees shall be assessed for facilities that are above
the waterline, excluding drilling rigs, and require follow-up
inspections. Fees for fiscal year 2023 shall be--
(1) $5,863 for facilities with no wells, but with
processing or gathering lines;
(2) $9,492 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $17,588 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(d) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2023. Fees for fiscal
year 2023 shall be--
(1) $34,059 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $18,649 per inspection for rigs operating in water
depths of less than 500 feet.
(e) 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.
(f) 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
[[Page H6815]]
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.
delaware water gap authority
Sec. 118. 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''.
national heritage areas and corridors
Sec. 119. (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''.
study for selma to montgomery national historic trail
Sec. 120. (a) Study.--The Secretary of the Interior
(Secretary) shall conduct a study to evaluate--
(1) resources associated with the 1965 Voting Rights March
from Selma to Montgomery not currently part of the Selma to
Montgomery National Historic Trail (Trail) (16 U.S.C.
1244(a)(20)) that would be appropriate for addition to the
Trail; and
(2) the potential designation of the Trail as a unit of the
National Park System instead of, or in addition to, remaining
a designated part of the National Trails System.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the
House and Senate Committees on Appropriations, the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes the results of the study and the
conclusions and recommendations of the study.
(c) Land Acquisition.--The Secretary is authorized, subject
to the availability of appropriations and at her discretion,
to acquire property or interests therein located in the city
of Selma, Alabama and generally depicted on the map entitled,
``Selma to Montgomery NHT Proposed Addition,'' numbered 628/
177376 and dated September 14, 2021, with the consent of the
owner, for the benefit of the Selma to Montgomery National
Historic Trail and to further the purpose for which the trail
has been established.
appraiser pay authority
Sec. 121. 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.
onshore oil and gas inspection fee
Sec. 122. (a) Onshore Oil and Gas Inspection Fees.--The
designated operator under each oil and gas lease on Federal
or Indian lands, or under each unit and communitization
agreement that includes one or more such Federal or Indian
leases, that is subject to inspection under section 108(b) of
the Federal Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1718(b)) and that is in force at the start of fiscal
year 2022 shall pay a nonrefundable annual inspection fee
that the Bureau of Land Management (BLM) shall collect and
deposit in the ``Management of Lands and Resources'' account.
(b) Fees.--Fees for fiscal year 2023 shall be--
(1) $1,560 for each lease or unit or communitization
agreement with 1 to 10 wells, with any combination of active
or inactive wells;
(2) $7,000 for each lease or unit or communitization
agreement with 11 to 50 wells, with any combination of active
or inactive wells; and
(3) $14,000 for each lease or unit or communitization
agreement with more than 50 wells, with any combination of
active or inactive wells.
(c) Billing and Payment.--BLM shall bill designated
operators not later than 60 days after the date of enactment
of this Act, with payment required within 30 days of billing.
(d) Penalty.--If the designated operator fails to pay the
full amount of the fee as prescribed in this section, the
Secretary may, in addition to utilizing any other applicable
enforcement authority, assess civil penalties against the
operator in the same manner as if this section were a mineral
leasing law as defined in paragraph (8) of section 3 of
Public Law 97-451 (30 U.S.C 1702(8)), as amended.
(e) Exemption for Tribal Operators.--An operator that is a
Tribe or is controlled by a Tribe is not subject to
subsection (a) with respect to a lease, unit, or
communitization agreement that is located entirely on the
lands of such Tribe.
decommissioning account
Sec. 123. (a) Effective upon the later of October 1, 2022,
or the date of enactment of this Act, the fifth and sixth
provisos under the amended heading ``Royalty and Offshore
Minerals Management'' for the Minerals Management Service in
Public Law 101-512 shall hereafter have no force or effect.
(b) Beginning on the later of October 1, 2022, or the date
of enactment of this Act, and in each fiscal year hereafter--
(1) Notwithstanding section 3302 of title 31, any moneys
hereafter received as a result of the forfeiture of a bond or
other security by an Outer Continental Shelf permittee,
lessee, or right-of-way holder that does not fulfill the
requirements of its permit, lease, or right-of-way or does
not comply with the regulations of the Secretary, or as a
bankruptcy distribution or settlement associated with such
failure or noncompliance, shall be credited to a separate
account established in the Treasury for decommissioning
activities and shall be available to the Bureau of Ocean
Energy Management without further appropriation or fiscal
year limitation to
[[Page H6816]]
cover the cost to the United States of any improvement,
protection, rehabilitation, or decommissioning work rendered
necessary by the action or inaction that led to the
forfeiture or bankruptcy distribution or settlement, to
remain available until expended.
(2) Amounts deposited into the decommissioning account may
be allocated to the Bureau of Safety and Environmental
Enforcement for such costs.
(3) Any moneys received for such costs currently held in
the Ocean Energy Management account shall be transferred to
the decommissioning account; and
(4) Any portion of the moneys so credited shall be returned
to the bankruptcy estate, permittee, lessee, or right-of-way
holder to the extent that the money is in excess of the
amount expended in performing the work necessitated by the
action or inaction which led to their receipt or, if the bond
or security was forfeited for failure to pay the civil
penalty, in excess of the civil penalty imposed.
land and water conservation fund financial assistance to states
Sec. 124. 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.
incorporation by reference
Sec. 125. (a) H.R. 6707 as introduced in the 117th Congress
(Advancing Equality for Wabanaki Nations Act) is hereby
enacted into law.
(b) In publishing this Act in slip form and in the United
States Statutes at large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix
setting forth the text of the sections of the bill referred
to in subsection (a).
indian reservation gaming regulations
Sec. 126. The Ysleta del Sur Pueblo and Alabama and
Coushatta Indian Tribes of Texas Restoration Act (Public Law
100--89; 101 Stat. 666) is amended by adding at the end the
following:
``SEC. 301 RULE OF CONSTRUCTION.
``Nothing in this Act shall be construed to preclude or
limit the applicability of the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.).''.
indian reorganization act
Sec. 127. (a) Modification.--(1) In General.--The first
sentence of section 19 of the Act of June 18, 1934 (commonly
known as the ``Indian Reorganization Act'') (25 U.S.C. 5129),
is amended--
(A) by striking ``The term'' and inserting ``Effective
beginning on June 18, 1934, the term''; and
(B) by striking ``any recognized Indian tribe now under
Federal jurisdiction'' and inserting ``any federally
recognized Indian tribe''.
(2) Effective Date.--The amendments made by paragraph (1)
shall take effect as if included in the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (25
U.S.C. 5129), on the date of enactment of that Act.
(b) Ratification And Confirmation Of Actions.--Any action
taken by the Secretary of the Interior pursuant to the Act of
June 18, 1934 (commonly known as the ``Indian Reorganization
Act'') (25 U.S.C. 5101 et seq.) for any Indian tribe that was
federally recognized on the date of the action is ratified
and confirmed, to the extent such action is subjected to
challenge based on whether the Indian tribe was federally
recognized or under Federal jurisdiction on June 18, 1934, as
if the action had, by prior act of Congress, been
specifically authorized and directed.
(c) Effect On Other Laws.--(1) In General.--Nothing in this
section or the amendments made by this section affects--
(A) the application or effect of any Federal law other than
the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (as amended
by subsection (a)); or
(B) any limitation on the authority of the Secretary of the
Interior under any Federal law or regulation other than the
Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (as so
amended).
(2) References in other laws.--An express reference to the
Act of June 18, 1934 (25 U.S.C. 5101 et seq.) contained in
any other Federal law shall be considered to be a reference
to that Act as amended by subsection (a).
lowell national historic park
Sec. 128. Section 103(a) of Public Law 95-290 (16 U.S.C.
410cc-13; 92 Stat. 292) is amended by striking paragraph (1)
and redesignating paragraph (2) as paragraph (1).
restriction on use of funds
Sec. 129. (a) None of the funds made available in this Act
may be used by the Secretary of the Interior or the Director
of the Bureau of Ocean Energy Management to conduct or
authorize oil and gas preleasing, leasing, or related
activities, including but not limited to the issuance of
permits for geological and geophysical exploration, in any
planning area where the 2017-2022 Outer Continental Shelf Oil
and Gas Leasing Proposed Final Program (November 2016) did
not schedule leases.
(b) The restrictions under subsection (a) apply to the
formal steps identified by the Department of the Interior and
the enabling steps prior to leasing, including the issuance
of permits for geological and geophysical exploration.
tribal cannabis
Sec. 130. None of the funds appropriated by this Act to
the Department of Justice or its agencies or bureaus or the
Department of the Interior, Bureau of Indian Affairs, Office
of Justice Services, including those agency funds distributed
to any Indian tribe (as such term is defined in the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130(2)))
via the Indian Self-Determination and Education Assistance
Act (25 U.S.C. Sec. 5301, et. seq.), may be used to enforce
federal laws criminalizing the use, distribution, possession,
or cultivation of marijuana against any person engaged in the
use, distribution, possession, or cultivation of marijuana in
Indian country (as defined by 18 U.S.C. Sec. 1151), where
tribal laws authorize such use, distribution, possession, or
cultivation of marijuana, subject to the following:
(1) unless federal law subjects the Indian lands (as such
term is defined in the Indian Gaming Regulatory Act (25
U.S.C. 2703(4)) to the civil and criminal laws of the state
and the tribal laws authorizing the use, distribution,
possession, or cultivation of marijuana do not comply
therewith or the Indian lands are not in a state that has
legalized marijuana for any purpose; and
(2) provided the governing Indian tribe (Federally
Recognized Indian Tribe List Act) takes reasonable measures
under tribal marijuana laws to ensure that marijuana is
prohibited for minors; marijuana is not diverted to states or
tribes where marijuana is prohibited by state or tribal law;
marijuana is not used as a means for trafficking other
illegal drugs or used to support organized crime activity;
and marijuana is not permitted on Federal public lands.
visitor experience improvement authority
Sec. 131. Section 101938 of title 54, United States Code,
is amended by striking ``7'' and inserting ``9''.
big cypress national preserve
Sec. 132. The Secretary of the Interior, acting through
the Director of the National Park Service, shall prepare an
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
prior to approving an operations permit, as described in 36
Code of Federal Regulations, subpart B Sec. Sec. 9.80 through
9.90, for the purpose of conducting or proposing to conduct
non-federal oil or gas operations within the Big Cypress
National Preserve.
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,
$872,743,000, to remain available until September 30, 2024:
Provided, That of the funds included under this heading,
$10,000,000 shall be for Research: National Priorities as
specified in the report accompanying this 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,
$3,792,315,000, to remain available until September 30, 2024:
Provided, That of the amounts made available under this
heading, $27,700,000 shall be for Environmental Protection:
National Priorities as specified in the report accompanying
this Act: Provided further, That of the amounts made
available under this heading, $679,938,000 shall be for
Geographic Programs specified in the report accompanying this
Act: Provided further, That amounts made available under
this heading may be used for environmental justice
implementation and training grants, and associated program
support costs. Provided further, That of the amounts made
available 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, $55,865,000, 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,
$80,570,000, 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, $1,313,638,000, to remain available
until expended, consisting of, in the following order,
amounts made available for fiscal year 2023 pursuant to
section 613 of Public
[[Page H6817]]
Law 117-58; to the extent necessary, 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 to the extent
necessary, up to $1,313,638,000 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, $12,111,000 shall be paid to the ``Office of
Inspector General'' appropriation to remain available until
September 30, 2024, and $31,391,000 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, $93,814,000, to remain
available until expended, of which $67,145,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $26,669,000 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, $26,502,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $5,177,332,000, to remain
available until expended, of which--
(1) $1,751,646,000 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
$1,126,096,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That $553,401,264
of the funds made available for capitalization grants for the
Clean Water State Revolving Funds and $381,263,499 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 report accompanying this 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'' included in the report
accompanying this 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 the
Administrator is authorized to use up to $1,500,000 of
amounts 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 for fiscal
year 2023, amounts 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 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
amounts made available under this paragraph 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 during
fiscal years 2023 through 2027;
(2) $35,000,000 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) $40,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska
[[Page H6818]]
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) $130,982,000 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) $150,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $100,000,000 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) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114--322);
(8) $42,593,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j-19a);
(9) $36,000,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $51,011,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $6,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $33,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33
U.S.C. 1254(b)(8));
(13) $280,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $5,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270);
(15) $10,000,000 shall be for grants under section 1442(b)
of the Safe Drinking Water Act (42 U.S.C. 300j--1(b));
(16) $10,000,000 shall be for grants under section 1459F of
the Safe Drinking Water Act (42 U.S.C. 300j--19g);
(17) $5,000,000, in addition to amounts otherwise
available, shall be for grants under sections 104(b)(3),
104(b)(8), and 104(g) of the Federal Water Pollution Control
Act (33 U.S.C. 1254(b)(3), 1254(b)(8) and 1254(g));
(18) $5,000,000 shall be for grants under section 224 of
the Federal Water Pollution Control Act (33 U.S.C. 1302b);
(19) $5,000,000 shall be for grants under section 226 of
the Federal Water Pollution Control Act (33 U.S.C. 1302d);
(20) $5,000,000 shall be for grants under section 50213 of
the Infrastructure Investment and Jobs Act (42 U.S.C. 10361;
Public Law 117--58);
(21) $5,000,000 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);
(22) $5,000,000 shall be for grants under section 50217(c)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(c); Public Law 117--58);
(23) $10,000,000 shall be for grants under section 220 of
the Federal Water Pollution Control Act (33 U.S.C. 1300);
(24) $5,000,000 shall be for grants under section 124 of
the Federal Water Pollution Control Act (33 U.S.C. 1276); and
(25) $1,321,004,000 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:
$46,954,000 shall be for carrying out section 128 of CERCLA;
$15,000,000 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; and $10,000,000 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 grants made pursuant to the authority in such section
302(a) may also be used for the construction, maintenance,
and operation of post consumer materials management or
recycling facilities: Provided further, That notwithstanding
such section 302(a), 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).
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, $72,108,000, 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 preceding 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, $8,236,000, 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 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,
[[Page H6819]]
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 $350,000
per project.
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 of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 26(b) of the Toxic Substances Control Act (15 U.S.C.
2625(b)) for fiscal year 2023, to remain available until
expended.
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 $4,000,000 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).
Section 122(b)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9622(b)(3)), shall be applied by inserting before the period:
``, including for the hire, maintenance, and operation of
aircraft.''.
For fiscal years 2023 through 2027, 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, $1,429,000: 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, $1,112,652,000, 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, $360,370,000, to remain available through
September 30, 2026: Provided, That of the funds provided,
$37,700,000 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, $332,626,000, to remain available through
September 30, 2026, as authorized by law, of which $9,482,000
shall be for projects specified for Forest Resource
Information and Analysis in the table titled ``Interior and
Environment Incorporation of Community Project Funding
Items'' included in the report accompanying this Act.
national forest system
(including transfer of funds)
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,
$1,997,650,000, to remain available through September 30,
2026: Provided, That of the funds provided, $60,000,000
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 of
the funds provided, $38,000,000 shall be for forest products:
Provided further, That of the amounts made available for
hazardous fuels management under this heading in prior Acts,
any unobligated amounts may be transferred to ``Forest
Service--Wildland Fire Management'' to be used for the
purposes provided therein: 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, $162,182,000, 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
$15,000,000 shall be for activities authorized by 16 U.S.C.
538(a): 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.
[[Page H6820]]
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, $2,678,659,000, 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: Provided further, That of the funds
provided, $321,388,000 shall be for hazardous fuels
management activities, of which not to exceed $15,000,000 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 funds made available in the preceding
proviso 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 of the
funds provided under this heading, $20,000,000 may be used by
the Secretary of Agriculture to enter into procurement
contracts or cooperative agreements; to issue grants for
hazardous fuels management activities; for training or
monitoring associated with such hazardous fuels management
activities on Federal land; or for training or monitoring
associated with such hazardous fuels management activities on
non-Federal land if the Secretary determines such activities
benefit resources on Federal land: Provided further, That of
the funds provided under this heading, $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.
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.
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, 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
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. Nothing
in this
[[Page H6821]]
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 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. 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
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, $5,734,044,000, to
remain available until September 30, 2024, except as
otherwise provided herein, together with payments received
during the 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 grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$1,097,255,000 for Purchased/Referred Care, including
$54,000,000 for the Indian Catastrophic Health Emergency
Fund, shall remain available until expended: Provided
further, That of the funds provided, up to $66,000,000 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 funds
provided, $58,000,000 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 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 use 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 of the funds provided,
$232,138,000 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.
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,
[[Page H6822]]
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, $1,306,979,000, to
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 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
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
[[Page H6823]]
Public Law 99-498 (20 U.S.C. 4411 et seq.), $13,274,000,
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,
$909,500,000, 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,
$265,000,000, 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,
[[Page H6824]]
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.
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 subparagraph 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--
[[Page H6825]]
(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''.
[[Page H6826]]
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.
tribal leases
Sec. 429. 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.
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 report
accompanying this 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 report accompanying this 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 report
accompanying this 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 434(e) of Division G of
the Consolidated Appropriations Act, 2021 (Public Law 116-
260).
(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) using the best available science, recognizes the
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 benefits 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;
[[Page H6827]]
(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.
timber sale requirements
Sec. 433. 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. 434. 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).
ice age national scenic trail
Sec. 435. Section 5(a)(10) of the National Trails System
Act (16 U.S.C. 1244(a)(10)) is amended by striking the third
and fourth sentences and inserting ``The trail shall be
administered by the Secretary of the Interior as a unit of
the National Park System.''.
facilities renovation for urban indian organizations to the extent
authorized for other government contractors
Sec. 436. The Secretary of Health and Human Services may
authorize an urban Indian organization (as defined in section
4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)
that is awarded a grant or contract under title V of that Act
(25 U.S.C. 1651 et seq.)) to use funds provided in such grant
or contract for minor renovations to facilities or
construction or expansion of facilities, including leased
facilities, to assist the urban Indian organization in
meeting or maintaining standards issued by Federal or State
governments or by accreditation organizations.
tongass national forest
Sec. 437. None of the funds made available by this Act may
be used to plan, design, study, or construct, for the purpose
of harvesting timber by private entities or individuals, a
forest development road in the Tongass National Forest.
road construction
Sec. 438. 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''.
permit prohibition
Sec. 439. None of the funds made available by this Act may
be used to issue a permit for the import of a sport-hunted
trophy of an elephant or lion taken in Tanzania, Zimbabwe, or
Zambia. The limitation described in this section shall not
apply in the case of the administration of a tax or tariff.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2023''.
DIVISION F--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, $997,425,000, to remain available until
September 30, 2027: Provided, That, of the amount made
available under this heading, not to exceed $240,011,000
shall be available for study, planning, design, architect and
engineer services, and host nation support, as authorized by
law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under
this heading, $101,860,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Army'' in the report
accompanying this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$3,808,340,000, to remain available until September 30, 2027:
Provided, That, of the amount made available under this
heading, not to exceed $428,073,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available
under this heading, $5,949,000 shall be for the project and
activity, and in the amount, specified in the table under the
heading ``Military Construction, Navy and Marine Corps'' in
the report accompanying this Act, in addition to amounts
otherwise available for such purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $2,291,156,000, to
remain available until September 30, 2027: Provided, That, of
the amount made available under this heading, not to exceed
$171,094,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under
this heading, $185,700,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Air Force'' in the
report accompanying this Act, in addition to amounts
otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,675,128,000,
to remain available until September 30, 2027: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That, of the
amount made available under this heading, not to exceed
$506,107,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor: Provided further,
That of the amount made available under this heading,
$58,730,000 shall be for the projects and activities, and in
the amounts, specified in the table under the heading
``Military Construction, Defense-Wide'' in the report
accompanying this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$325,658,000, to remain available until September 30, 2027:
Provided, That, of the amount made available under this
heading, not to exceed $43,625,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Army
National Guard determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount made available under this heading,
$3,380,000 shall be for the projects and activities, and in
the amounts, specified in the table under the heading
``Military Construction, Army National Guard'' in the report
accompanying this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$193,983,000, to remain available until September 30, 2027:
Provided, That, of the amount made available under this
heading, not to exceed $41,712,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Air National
Guard determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount made available under this heading,
$20,100,000 shall be for the projects and activities, and in
the amounts,
[[Page H6828]]
specified in the table under the heading ``Military
Construction, Air National Guard'' in the report accompanying
this Act, in addition to amounts otherwise available for such
purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $119,878,000, to remain
available until September 30, 2027: Provided, That, of the
amount made available under this heading, not to exceed
$19,829,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $30,337,000, to remain available until September 30,
2027: Provided, That, of the amount made available under this
heading, not to exceed $2,590,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $82,123,000, to remain
available until September 30, 2027: Provided, That, of the
amount made available under this heading, not to exceed
$21,773,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under
this heading, $5,500,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Air Force Reserve'' in
the report accompanying this Act, in addition to amounts
otherwise available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $220,139,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$574,687,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$169,339,000, to remain available until September 30, 2027.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $446,411,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $337,297,000, to remain available until September 30,
2027.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $378,224,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$232,788,000, to remain available until September 30, 2027.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $365,222,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $50,113,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $6,442,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $494,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized
[[Page H6829]]
for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502 of the Congressional Budget Act of
1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 123. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act
specified for fiscal year 2023 in the funding table in
section 4601 of that Act shall be immediately available and
allotted to contract for the full scope of authorized
projects.
Sec. 124. Notwithstanding section 116 of this Act, funds
made available in this Act or any available unobligated
balances from prior appropriations Acts may be obligated
before October 1, 2024 for fiscal years 2017 and 2018
military construction projects for which project
authorization has not lapsed or for which authorization is
extended for fiscal year 2023 by a National Defense
Authorization Act: Provided, That no amounts may be obligated
pursuant to this section from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 125. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 126. For an additional amount for the accounts and in
the amounts specified for planning and design and unspecified
minor construction, for improving military installation
resilience, to remain available until September 30, 2027:
``Military Construction, Army'', $40,000,000;
``Military Construction, Navy and Marine Corps'',
$40,000,000;
``Military Construction, Air Force'', $40,000,000; and
``Military Construction, Defense-Wide'', $15,000,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds
prior to approval by the Committees on Appropriations of both
Houses of Congress of the expenditure plan required by this
section.
Sec. 127. For an additional amount for the accounts and in
the amounts specified for planning and design, for child
development centers, to remain available until September 30,
2027:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$15,000,000; and
``Military Construction, Air Force'', $15,000,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 128. For an additional amount for ``Military
Construction, Air Force'', $360,000,000, to remain available
until September 30, 2027, for expenses incurred as a result
of natural disasters: Provided, That not later than 60 days
after the date of enactment of this Act, the Secretary of the
Air Force, or their designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 129. For an additional amount for the accounts and in
the amounts specified for planning and design, unspecified
minor construction, and authorized major construction
projects, for construction improvements to Department of
Defense laboratory facilities, to remain available until
September 30, 2027:
``Military Construction, Army'', $40,000,000;
``Military Construction, Navy and Marine Corps'',
$30,000,000; and
``Military Construction, Air Force'', $30,000,000:
Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds
prior to approval by the Committees on Appropriations of both
Houses of Congress of the expenditure plan required by this
section.
Sec. 130. For an additional amount for ``Military
Construction, Air Force Reserve'', $8,000,000, to remain
available until September 30, 2027: Provided, That such funds
may only be obligated to carry out construction projects
identified in the Department of the Air Force's unfunded
priority list for fiscal year 2023 submitted to Congress:
Provided further, That not later than 60 days after the date
of enactment of this Act, the Secretary of the Air Force, or
a duly authorized designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 131. For an additional amount for the accounts and in
the amounts specified to address cost increases identified
subsequent to the fiscal year 2023 budget request for
authorized major construction projects included in that
request, to remain available until September 30, 2027:
``Military Construction, Army'', $253,500,000;
``Military Construction, Navy and Marine Corps'',
$200,000,000;
``Military Construction, Air Force'', $30,000,000;
[[Page H6830]]
``Military Construction, Defense-Wide'', $37,897,000;
``Military Construction, Army National Guard'',
$89,000,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $66,000,000; and
``Military Construction, Navy Reserve'', $2,660,000:
Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds
prior to approval by the Committees on Appropriations of both
Houses of Congress of the expenditure plan required by this
section.
Sec. 132. For an additional amount for ``Military
Construction, Defense-Wide'' , $8,000,000, to remain
available until September 30, 2027, to address cost increases
for authorized major construction projects funded by this
Act: Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary of Defense, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds
provided under this section: Provided further, That the
Secretary of Defense may not obligate or expend any funds
prior to approval by the Committees on Appropriations of both
Houses of Congress of the expenditure plan required by this
section.
Sec. 133. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $100,000,000, to
remain available until September 30, 2027, for planning and
design of water treatment and distribution facilities
construction, including relating to improvements of
infrastructure and defueling at the Red Hill Bulk Fuel
Storage Facility: Provided, That not later than 180 days
after the date of enactment of this Act, the Secretary of the
Navy, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the Navy may not obligate or expend any
funds prior to approval by the Committees on Appropriations
of both Houses of Congress of the expenditure plan required
by this section.
Sec. 134. For an additional amount for the accounts and in
the amounts specified for barracks and unaccompanied
personnel housing, to remain available until September 30,
2027:
``Military Construction, Army National Guard'',
$15,243,000; and
``Military Construction, Army Reserve'', $68,400,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the Department's unfunded
priority list for fiscal year 2023 submitted to Congress:
Provided further, That not later than 30 days after the date
of enactment of this Act, the Secretary of the Army, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 135. For an additional amount for ``Family Housing
Construction, Army'' , $138,783,000, to remain available
until September 30, 2027: Provided, That such funds may only
be obligated to carry out construction, improvement, and
replacement projects identified in the Department of the
Army's cost to complete projects list of previously
appropriated projects submitted to Congress: Provided
further, That, of the amount made available under this
section, $28,900,000 shall be available for projects within
the continental United States: Provided further, That such
projects are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That not later than 30 days after the date of
enactment of this Act, the Secretary of the Army, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 136. For an additional amount for the accounts and in
the amounts specified for child development centers, to
remain available until September 30, 2027:
``Military Construction, Army'', $9,000,000; and
``Military Construction, Navy and Marine Corps'',
$47,940,000; and
``Military Construction, Air Force'', $22,393,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's Future Years Defense Program list for fiscal
year 2023 submitted to Congress, or the respective military
department's cost to complete project list of previously
appropriated projects submitted to Congress: Provided
further, That not later than 30 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $146,778,136,000, which shall become available on
October 1, 2023, to remain available until expended:
Provided, That not to exceed $21,423,000 of the amount made
available for fiscal year 2024 under this heading shall be
reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for
necessary expenses in implementing the provisions of chapters
51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation
benefits to or on behalf of veterans as authorized by
chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and
61 of title 38, United States Code, $8,452,500,000, which
shall become available on October 1, 2023, to remain
available until expended: Provided, That expenses for
rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of
section 3104 of title 38, United States Code, other than
under paragraphs (1), (2), (5), and (11) of that subsection,
shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21 of title 38, United States
Code, $121,126,000, which shall become available on October
1, 2023, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2023, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $282,361,131.
vocational rehabilitation loans program account
For the cost of direct loans, $7,171, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed $942,330.
In addition, for administrative expenses necessary to carry
out the direct loan program, $445,698, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $3,863,000,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 10 percent shall
remain available until September 30, 2024.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, assistance and
support services for caregivers as authorized by section
1720G of title 38, United States Code, loan repayments
authorized by section 604 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of
[[Page H6831]]
title 38, United States Code, grants authorized by section
521A of title 38, United States Code, and administrative
expenses necessary to carry out sections 322(d) and 521A of
title 38, United States Code, and hospital care and medical
services authorized by section 1787 of title 38, United
States Code; $327,000,000, which shall be in addition to
funds previously appropriated under this heading that become
available on October 1, 2022; and, in addition,
$74,004,000,000, plus reimbursements, shall become available
on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made
available on October 1, 2023, under this heading,
$1,500,000,000 shall remain available until September 30,
2025: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading for medical supplies
and equipment are available for the acquisition of
prosthetics designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $4,300,000,000, which
shall be in addition to funds previously appropriated under
this heading that become available on October 1, 2022; and,
in addition, $33,000,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain
available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$2,000,000,000 shall remain available until September 30,
2025.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $1,400,000,000, which shall be in
addition to funds previously appropriated under this heading
that become available on October 1, 2022; and, in addition,
$12,300,000,000, plus reimbursements, shall become available
on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made
available on October 1, 2023, under this heading,
$200,000,000 shall remain available until September 30, 2025.
medical facilities
For necessary expenses for the maintenance and operation
of hospitals, nursing homes, domiciliary facilities, and
other necessary facilities of the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the
Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing,
altering, improving, or providing facilities in the several
hospitals and homes under the jurisdiction of the Department,
not otherwise provided for, either by contract or by the hire
of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $1,500,000,000,
which shall be in addition to funds previously appropriated
under this heading that become available on October 1, 2022;
and, in addition, $8,800,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain
available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$350,000,000 shall remain available until September 30, 2025.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $926,000,000,
plus reimbursements, shall remain available until September
30, 2024: Provided, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $430,000,000, of which not
to exceed 10 percent shall remain available until September
30, 2024.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $435,000,000, of
which not to exceed 10 percent shall remain available until
September 30, 2024: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $285,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2024.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $5,782,000,000, plus reimbursements: Provided,
That $1,494,230,000 shall be for pay and associated costs, of
which not to exceed 3 percent shall remain available until
September 30, 2024: Provided further, That $4,145,678,000
shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30,
2024: Provided further, That $142,092,000 shall be for
information technology systems development, and shall remain
available until September 30, 2024: Provided further, That
amounts made available for salaries and expenses, operations
and maintenance, and information technology systems
development may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development
may be transferred among projects or to newly defined
projects: Provided further, That no project may be increased
or decreased by more than $3,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval
is issued, or absent a response, a period of 30 days has
elapsed: Provided further, That the funds made available
under this heading for information technology systems
development shall be for the projects, and in the amounts,
specified in the table entitled ``Information Technology
Development Projects'' under this heading in the report
accompanying this Act.
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance
of a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,759,000,000, to remain available until
September 30, 2025: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility, including any changes from the deployment plan or
schedule: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That 25 percent of the funds made available under
this heading shall not be available until July 1, 2023, and
are contingent upon the Secretary of Veterans Affairs
providing a certification of any changes to the deployment
schedules contained in the plan submitted pursuant to the
last proviso under this heading in division J of Public Law
117-103, an updated plan with benchmarks and measurable
metrics for deployment, and an updated plan for addressing
all required infrastructure upgrades, no later than 30 days
prior to that date to the Committees on Appropriations, and
upon approval of the Committees on Appropriations prior to
that date.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $273,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2024.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite
[[Page H6832]]
utility and storm drainage system construction costs, and
site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project
were made available in a previous major project
appropriation, $1,371,890,000, of which $731,722,000 shall
remain available until September 30, 2027, and of which
$640,168,000 shall remain available until expended, of which
$1,500,000 shall be available for seismic improvement
projects and seismic program management activities, including
for projects that would otherwise be funded by the
Construction, Minor Projects, Medical Facilities or National
Cemetery Administration accounts: Provided, That except for
advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
planning, cost estimating, and design for major medical
facility projects and major medical facility leases and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, staffing expenses, and funds
provided for the purchase, security, and maintenance of land
for the National Cemetery Administration through the land
acquisition line item, none of the funds made available under
this heading shall be used for any project that has not been
notified to Congress through the budgetary process or that
has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such
Act and presented to the President at the time of enrollment:
Provided further, That such sums as may be necessary shall be
available to reimburse the ``General Administration'' account
for payment of salaries and expenses of all Office of
Construction and Facilities Management employees to support
the full range of capital infrastructure services provided,
including minor construction and leasing services: Provided
further, That funds made available under this heading for
fiscal year 2023, for each approved project shall be
obligated: (1) by the awarding of a construction documents
contract by September 30, 2023; and (2) by the awarding of a
construction contract by September 30, 2024: Provided
further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred
within the time limitations established above: Provided
further, That notwithstanding the requirements of section
8104(a) of title 38, United States Code, amounts made
available under this heading for seismic improvement projects
and seismic program management activities shall be available
for the completion of both new and existing seismic projects
of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $626,110,000, of which $563,499,000 shall remain
available until September 30, 2027, and of which $62,611,000
shall remain available until expended, along with unobligated
balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any
project where the estimated cost is equal to or less than the
amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any
of the nonmedical facilities under the jurisdiction or for
the use of the Department which are necessary because of loss
or damage caused by any natural disaster or catastrophe; and
(2) temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $150,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$50,000,000, to remain available until expended.
asset and infrastructure review
For carrying out the VA Asset and Infrastructure Review
Act of 2018 (subtitle A of title II of Public Law 115-182),
$5,000,000, to remain available until September 30, 2024.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2023 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2023, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2022.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2023, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during
fiscal year 2023 that are available for dividends in that
program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2023 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services shall be available until
expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
Diversity and Inclusion, the Office of Employment
Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human
Resources and Administration for all services provided at
rates which will recover actual costs but not to exceed
$86,481,000 for the Office of Resolution Management,
Diversity and Inclusion, $6,812,000 for the Office of
Employment Discrimination Complaint Adjudication,
[[Page H6833]]
and $4,576,000 for the Alternative Dispute Resolution
function within the Office of Human Resources and
Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the
Department of Veterans Affairs Capital Asset Fund pursuant to
section 8118 of title 38, United States Code, may be
transferred to the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2023 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided further,
That, before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2023 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$330,140,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 220
of title II of division J of Public Law 117-103 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2023,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $314,825,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may
be transferred from accounts designated in this section to
the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That, notwithstanding
section 1704(b)(3) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573),
amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration
Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of
both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 224. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 225. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 226. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 227. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $1,000,000.
[[Page H6834]]
(including transfer of funds)
Sec. 228. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2023 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2023, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 229. Amounts made available for the Department of
Veterans Affairs for fiscal year 2023, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 230. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 231. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the 5-year period beginning on January
1, 2016, based on an analysis of national suicide data and
data collected from such hotline.
(2) At a minimum, the study required by paragraph (1)
shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 232. Effective during the period beginning on October
1, 2018, and ending on January 1, 2024, none of the funds
made available to the Secretary of Veterans Affairs by this
or any other Act may be obligated or expended in
contravention of the ``Veterans Health Administration
Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer
Guidance'' published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health
Promotion and Disease Prevention.
Sec. 233. Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following
new section (and conforming the table of sections at the
beginning of such chapter accordingly):
``Sec. 1720K. Infertility counseling and treatment;
reimbursement of adoption expenses
``(a) Infertility Counseling and Treatment.--(1) Pursuant
to regulations the Secretary shall prescribe to carry out
this subsection, the Secretary may provide infertility
counseling and treatment, using assisted reproductive
technology, including in vitro fertilization, intrauterine
insemination, and other advanced reproductive technologies,
to the following:
``(A) A veteran--
``(i) who is enrolled in the system of annual patient
enrollment established and operated under section 1705 of
this title; and
``(ii) who, in the judgment of a health care professional
of the Department--
``(I) has a service-connected disability or condition
causing or aggravating infertility; or
``(II) is infertile as a result of having received
medically necessary treatment pursuant to this chapter.
``(B) The spouse of a veteran described in subparagraph
(A), or the partner of a veteran described in subparagraph
(A) whom the veteran designates for purposes of this
subsection.
``(2)(A) The Secretary may contract with a provider of in
vitro fertilization services to obtain donor gametes or
embryos from third-party donors.
``(B) The Secretary may only obtain third-party donation of
gametes or embryos through a contract.
``(C) The Secretary may not provide assisted reproductive
technology services or medical services to third-party
donors.
``(3)(A) The Secretary may contract with a facility to
furnish the cryopreservation, storage, and transportation of
gametes and embryos.
``(B) The Secretary may not impose any limitation on the
period in which an embryo or gamete is cryopreserved and
stored pursuant to this subsection.
``(4) The legal status, custody, future use, donation,
disposition, or destruction, of gametes or embryos relating
to infertility or treatment furnished under this subsection
shall be determined in accordance with the law of the State
in which the gametes or embryos are located.
``(5)(A) In prescribing regulations to carry out this
subsection, the Secretary shall ensure that any in vitro
fertilization (including with respect to the number of
retrieval attempts and completed embryo transfer cycles) will
be--
``(i) determined using the best medical evidence available;
and
``(ii) provided in accordance with applicable standards of
care.
``(B) In furnishing in vitro fertilization to a covered
individual pursuant to this subsection, the Secretary is
responsible only for payment of the costs of the in vitro
fertilization services.
``(C) The Secretary may not furnish an in vitro
fertilization cycle to a covered individual under this
subsection unless the Secretary receives consent for such
cycle from each of the following:
``(i) The covered individual.
``(ii) If the covered individual is a spouse or partner of
a veteran as described in subparagraph (1)(B), the veteran.
``(iii) If applicable, the third-party donor.
``(6) In this subsection:
``(A) The term `covered individual' means a veteran,
spouse, or partner who receives infertility counseling and
treatment under paragraph (1).
``(B) The term `gamete' means a mature sperm or an oocyte
or egg germ cell, as applicable.
``(C) The term `infertility' means the inability to
procreate without the use of infertility treatment.
``(D) The term `in vitro fertilization' means the procedure
in which an oocyte is removed from a mature ovarian follicle
and fertilized by a sperm cell outside the human body and, at
the appropriate time, transferred into the uterus.
``(E) The term `third-party donor' means an individual who
consents to donate the gametes or embryo of the individual
for use in treatment furnished pursuant to this subsection.
``(b) Adoption Reimbursement.--(1) Pursuant to regulations
the Secretary shall prescribe to carry out this subsection,
the Secretary may reimburse an eligible veteran for
qualifying adoption expenses incurred by the veteran in the
adoption of a child.
``(2) For purposes of this subsection, an eligible veteran
is a veteran who meets the following criteria:
``(A) The veteran is enrolled in the system of annual
patient enrollment established and operated under section
1705 of this title.
``(B) The veteran, in the judgment of the health care
professional of the Department--
``(i) has a service-connected disability or condition
causing or aggravating infertility; or
``(ii) is infertile as a result of having received
medically necessary treatment pursuant to this chapter.
``(3) An adoption for which expenses may be reimbursed
under this subsection includes an adoption by a single
person, an infant adoption, an intercountry adoption, or an
adoption of a child with special needs (as defined in section
473(c) of the Social Security Act (42 U.S.C. 673(c))).
``(4) The Secretary may reimburse an eligible veteran for
qualifying adoption expenses under this subsection only after
the adoption is final.
``(5) The Secretary may not reimburse an eligible veteran
for qualifying adoption expenses under this subsection for
any expense paid to or for the veteran under any other
adoption benefits program administered by the Federal
Government or under any such program administered by a State
or local government.
``(6)(A)(i) The Secretary may not reimburse an eligible
veteran, or two eligible veterans who are partners, for
qualifying adoption expenses under this subsection for more
than one adoption.
``(ii) The Secretary may not reimburse more than one
eligible veteran for the qualifying adoption expenses under
this subsection for the adoption of the same child.
``(B) In prescribing regulations to carry out this
subsection, the Secretary shall establish minimum and maximum
amounts for the reimbursement of qualifying adoption
expenses.
[[Page H6835]]
``(7) In this subsection:
``(A) Notwithstanding section 101 of this title, the term
`child' means an individual who is under the age of eighteen
years.
``(B) The term `qualified adoption agency' means--
``(i) a State or local government agency that has
responsibility under State or local law for child placement
through adoption;
``(ii) a nonprofit, voluntary adoption agency that is
authorized by State or local law to place children for
adoption;
``(iii) any other source authorized by a State to provide
adoption placement if the adoption is supervised by a court
under State or local law; or
``(iv) a foreign government or an agency authorized by a
foreign government to place children for adoption, in any
case in which--
``(I) the adopted child is entitled to automatic
citizenship under section 320 of the Immigration and
Nationality Act (8 U.S.C. 1431); or
``(II) a certificate of citizenship has been issued for
such child under section 322 of that Act (8 U.S.C. 1433).
``(C) The term `qualifying adoption expenses' means
reasonable and necessary expenses that are directly related
to the legal adoption of a child, but only if such adoption
is arranged by a qualified adoption agency. Such term does
not include any expense incurred--
``(i) by an adopting parent for travel; or
``(ii) in connection with an adoption arranged in violation
of Federal, State, or local law.
``(D) The term `reasonable and necessary expenses'
includes--
``(i) public and private agency fees, including adoption
fees charged by an agency in a foreign country;
``(ii) placement fees, including fees charged adoptive
parents for counseling;
``(iii) legal fees (including court costs) or notary
expenses; and
``(iv) medical expenses, including hospital expenses of the
biological mother of the child to be adopted and of a newborn
infant to be adopted.''.
Sec. 234. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
Sec. 235. Section 842 of Public Law 109-115 shall not
apply to conversion of an activity or function of the
Veterans Health Administration, Veterans Benefits
Administration, or National Cemetery Administration to
contractor performance by a business concern that is at least
51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or
more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 236. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if
and only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede
section 238 of division F of Public Law 116-94.
Sec. 237. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024 for ``Medical
Services'', section 239 of division A of Public Law 114-223
shall apply.
Sec. 238. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
Sec. 239. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2023 and fiscal year
2024 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 240. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 241. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024, section 258 of
division A of Public Law 114-223 shall apply.
Sec. 242. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.), or
to prevent or impede the access of the Inspector General to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to such Inspector General and expressly limits the
right of access.
(b) A department or agency covered by this section shall
provide its Inspector General access to all records,
documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives within 5 calendar days of any failure by any
department or agency covered by this section to comply with
this requirement.
Sec. 243. None of the funds made available in this Act may
be used in a manner that would increase wait times for
veterans who seek care at medical facilities of the
Department of Veterans Affairs.
Sec. 244. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration
may be used in fiscal year 2023 to convert any program which
received specific purpose funds in fiscal year 2022 to a
general purpose funded program unless the Secretary of
Veterans Affairs submits written notification of any such
proposal to the Committees on Appropriations of both Houses
of Congress at least 30 days prior to any such action and an
approval is issued by the Committees.
Sec. 245. (a) Except as provided by subsection (b), none of
the funds made available by this Act may be used by the
Secretary of Veterans Affairs to purchase, breed, transport,
house, feed, maintain, dispose of, or experiment on, dogs or
cats as part of the conduct of any study including an
assignment of pain category D or E, as defined by the Pain
and Distress Categories of the Department of Agriculture (or
such successor categories developed pursuant to section 13 of
the Animal Welfare Act (7 U.S.C. 2143)).
(b) Subsection (a) shall not apply to training programs or
studies of service dogs described in section 1714 of title
38, United States Code, or section 17.148 of title 38, Code
of Federal Regulations.
Sec. 246. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or
any other Act for fiscal years 2023 and 2024 may be used for
expenses that would otherwise be payable from the Veterans
Choice Fund established by section 802 of the Veterans
Access, Choice, and Accountability Act, as amended (38 U.S.C.
1701 note).
Sec. 247. Obligations and expenditures applicable to the
``Medical Services'' account in fiscal years 2017 through
2019 for aid to state homes (as authorized by section 1741 of
title 38, United States Code) shall remain in the ``Medical
Community Care'' account for such fiscal years.
Sec. 248. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2023, in this or any
other Act, under the ``Veterans Health Administration--
Medical Services'', ``Veterans Health Administration--Medical
Community Care'', ``Veterans Health Administration--Medical
Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts, $911,119,000
shall be made available for gender-specific care and
programmatic efforts to deliver care for women veterans.
(including transfer of funds)
Sec. 249. Amounts made available for the Department of
Veterans Affairs for ``Medical Facilities'' and ``General
Administration'' in this Act or prior Acts that remain
available for obligation in fiscal year 2023 may be
transferred as necessary to the ``Asset and Infrastructure
Review'' account for the purposes of carrying out the VA
Asset and Infrastructure Review Act of 2018 (subtitle A of
title II of Public Law 115-182): Provided, That the total
amounts transferred may not increase the account by more than
$2,000,000: Provided further, That in advance of any such
transfer, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such
Committees issue an approval, or absent a response, a period
of 30 days has elapsed.
(rescission of funds)
Sec. 250. Of the unobligated balances in the ``Recurring
Expenses Transformational Fund'' established in section 243
of division J of Public Law 114-113, $48,132,853 is hereby
rescinded.
Sec. 251. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report on the status of the ``Veterans
Medical Care and Health Fund'', established to execute
section 8002 of the American Rescue Plan Act of 2021 (Public
Law 117-2): Provided, That, at a minimum, the report shall
include an update on obligations by program, project or
activity and a plan for expending the remaining funds:
Provided further, That the Secretary of Veterans Affairs must
submit notification of any plans to reallocate funds from the
current apportionment categories of ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Medical Community Care'', or ``Medical and Prosthetic
Research'', including the amount and purpose of each
reallocation to the Committees on Appropriations of both
Houses of Congress and such Committees issue an approval, or
absent a response, a period of 30 days has elapsed.
Sec. 252. By no later than September 30, 2023, the
Secretary shall commence construction of
[[Page H6836]]
the Community-Based Outpatient Clinic in Bakersfield,
California in accordance with Lease No. 36C10F20L0008.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$15,000 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$87,500,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$45,159,000: Provided, That $3,385,000 shall be available for
the purpose of providing financial assistance as described
and in accordance with the process and reporting procedures
set forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $2,000 for official
reception and representation expenses, $93,400,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2025. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $62,500,000, to remain
available until expended, of which $2,500,000 shall be for
study, planning and design, and architect and engineering
services for Memorial Avenue improvements at Arlington
National Cemetery; and $60,000,000 shall be for planning and
design and construction associated with the Southern
Expansion project at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$75,360,000, to remain available until September 30, 2024, of
which $7,300,000 shall remain available until expended for
construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of
Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available
under this heading from funds available in the Armed Forces
Retirement Home Trust Fund, $25,000,000 shall be paid from
the general fund of the Treasury to the Trust Fund.
major construction
For an additional amount for necessary expenses related to
design, planning, and construction for renovation of the
Sheridan Building at the Armed Forces Retirement Home--
Washington, District of Columbia, $77,000,000, to remain
available until expended, shall be paid from the general fund
of the Treasury to the Armed Forces Retirement Home Trust
Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 7727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 404. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 406. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 408. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 411. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10,
United States Code.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2023''.
The Acting CHAIR. No further amendment to the bill shall be in order
except those printed in part A of House Report 117-420, amendments en
bloc described in section 3 of House Resolution 1232, and pro forma
amendments described in section 4 of that resolution.
Each further amendment printed in part A of House Report 117-420 not
earlier considered as part of amendments en bloc pursuant to section 3
of House Resolution 1232, shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
action thereon, shall not be subject to amendment except as provided by
section 4 of House Resolution 1232, and shall not be subject to a
demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or her designee to offer amendments en bloc consisting
of amendments printed in part A of the report not earlier disposed of.
Amendments en bloc shall be considered as read, shall be debatable for
30 minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations or their designees,
shall not be subject to amendment, except as provided by section 4 of
House Resolution 1232, and shall not be subject to a demand for
division of the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to five pro forma amendments each at any point
for the purpose of debate.
Ms. DeLAURO. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Connecticut is recognized for
5 minutes.
Ms. DeLAURO. Mr. Chair, I yield to the gentlewoman from California
(Ms. Lee), the chairwoman of the State, Foreign Operations, and Related
Programs Subcommittee.
Ms. LEE of California. First of all, I thank our chair for the time.
I rise in
[[Page H6837]]
support of H.R. 8294, which provides funding for numerous critical
Federal programs for Fiscal Year 2023.
And let me just take a moment to thank our chairwoman, Rosa DeLauro,
for leading this appropriations process; what a job. But it was
amazing, very inclusive, very democratic, and I thank her for including
so much for not only Democrats in the bill, but also for our Republican
colleagues.
I also thank Leader Hoyer, our Speaker, and Whip Clyburn for working
to get this bill to the floor.
Not least, I thank Chairs Bishop, Kaptur, Pingree, Price, Quigley,
and Wasserman Schultz for their leadership in crafting each of these
individual bills included in this package.
I tell you, systemic racism--and you know I am going to talk about
that, Mr. Chair--it is really at the heart of every crisis that we face
today. This bill responds with critical investments to fight poverty,
hunger, homelessness, housing insecurity, the climate crisis, and also
includes so many provisions for equity and for justice.
I represent a district in the Bay Area that has some of the biggest
challenges with transportation and housing affordability in the
country. This bill fully funds President Biden's plan to fight for fair
housing. And it includes important investments in housing and
transportation equity, to help reverse decades of systemic racism.
The climate crisis threatens the health, safety, air quality, and
livelihoods of neighborhoods, especially poor and low-income
neighborhoods which primarily are communities of color.
This bill would advance energy independence, lower energy costs,
invest in renewable energy and scientific innovation, and address
fundamental environmental injustices.
Finally, as the co-chair of the Congressional Cannabis Caucus, I am
pleased that this bill furthers the effort to stop unfairly targeting
people and businesses in States and localities where voters have chosen
to make cannabis legal.
I urge my colleagues to vote for H.R. 8294. I once again thank our
chairwoman for such a great job.
Ms. DeLAURO. Mr. Chair, I yield back the balance of my time.
Ms. GRANGER. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Texas is recognized for 5
minutes.
Ms. GRANGER. Mr. Chair, I yield to the gentleman from Arkansas (Mr.
Womack), the ranking member of the Financial Services and General
Government Subcommittee.
Mr. WOMACK. Mr. Chair, I thank the ranking member for the time. I
would have been here a little bit earlier, but previous commitments
kept me from speaking during general debate.
I rise in opposition to this package of appropriations bills. I am
the ranking member of the Financial Services and General Government
Subcommittee, and I have a great deal of respect for my chairman,
Mike Quigley. We work well together. I appreciate the hard work that
Mike and his team put in in trying to get a bill that we can come to
agreement on.
However, the bill we are debating is packed with unjustifiable
spending that ignores the government's unsustainable fiscal trajectory
and the historic level of inflation burdening all Americans, and we
should be fixing that, not making it worse.
As the pandemic wanes and inflation soars, I was hoping that we could
begin reducing spending. Instead, the Financial Services division of
this bill increases discretionary spending by over 17 percent.
Many programs in the bill get double-digit percentage increases; some
get triple-digit percentage increases. For example, the bill provides:
An increase of 433 percent for election grants;
A 20 percent for the White House;
A 30 percent for the Federal Trade Commission;
A $1 billion increase for the IRS; and
A $1.6 billion increase for GSA.
These increases are unconscionable when considering the U.S.'
historically high debt, now in excess of $30 trillion, and inflation
over 9 percent. The combination of debt and inflation places a heavy
burden on future generations of Americans. We should be fixing that.
There are also several controversial policy changes included in the
FSGG division, such as allowing D.C. tax dollars to fund abortions, and
removing the prohibitions on Federal employee health benefits funding
for abortions. These policy changes are no-goes. They make this bill
and minibus, as a whole, dead in the water. They will have to be fixed
if we are going to come to some agreement.
We need to continue the longstanding legacy riders and drop the
poison pills. And we need a top-line spending agreement that reduces
nondefense spending and funds national security at an appropriate
level.
But maybe the larger question about this bill has more to do with how
we came up with these top-line numbers. We allowed the four corners of
leadership to dictate these top-line numbers. They didn't come out
after a budget process. And we have a Budget Committee over here whose
purpose is, in part, to do that very thing.
{time} 1445
But that didn't happen. So we kick out numbers that we won't agree
to, wasn't through a budget process where we can define our priorities,
the emerging needs of our country, and come to some agreement through a
legitimate budget process, but that is not what happened here.
So it is long since time that we stop this process of doing deeming
resolutions or burying top-line numbers in rule bills and get back to
the process that is laid out for us, and that is to do a budget
resolution, House and Senate, to get to some kind of an agreement, and
then establish an appropriate appropriation process where we can do
these bills individually.
There are 12. We are going to do six today, and then we are going to
do six later, but we ought to be doing them individually, and we ought
to give the Members of Congress an opportunity--because it is our
Article I responsibility. We need to be giving the Members of Congress
the ability to have input on these bills and not just let the four
corners of leadership decide what we are going to do or what we are not
going to do.
So while I oppose this package in its current form, I do look forward
to working with my friend Mike Quigley on a bipartisan compromise, at
least on the FSGG side, and then perhaps we can do that for the 12
bills completely and then get about the business of funding the
government, which is part of our fundamental responsibility.
Mr. Chair, I appreciate the Madam Ranking Member yielding time.
Amendments En Bloc No. 1 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Chair, pursuant to House Resolution 1232, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 18, 31, 44,
53, 79, 83, 97, 118, 128, 139, 151, and 160 printed in part A of House
Report 117-420, offered by Ms. DeLauro of Connecticut:
amendment no. 1 offered by mr. allen of georgia
At the end of division A (before the short title), insert
the following:
Sec. __. Each amount made available by this Act (other
than an amount required to be made available by a provision
of law) is hereby reduced by 5 percent.
amendment no. 18 offered by mr. hern of oklahoma
At the end of division A (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law or
an amount defined as a ``security category'' under section
250(c)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985) is hereby reduced by 26 percent.
amendment no. 31 offered by mr. norman of south carolina
At the end of division A (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law)
is hereby reduced by 5 percent.
amendment no. 44 offered by mr. hern of oklahoma
At the end of division B (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law or
an amount defined as a ``security category'' under section
250(c)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985) is hereby reduced by 22 percent.
[[Page H6838]]
amendment no. 53 offered by mr. norman of south carolina
At the end of division B (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law)
is hereby reduced by 5 percent.
amendment no. 79 offered by mr. hern of oklahoma
At the end of division C (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law or
an amount defined as a ``security category'' under section
250(c)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985) is hereby reduced by 24 percent.
amendment no. 83 offered by mr. norman of South Carolina
At the end of division C (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law)
is hereby reduced by 5 percent.
amendment no. 97 offered by mr. allen of georgia
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL PROVISION
SEC. ___. GLOBAL REDUCTION.
Each amount made available by any title in this Act (other
than an amount required to be made available by a provision
of law) is hereby reduced by 5 percent.
amendment no. 118 offered by mr. hern of oklahoma
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL PROVISION
SEC. __. GLOBAL REDUCTION.
Each amount made available by any title in this Act (other
than an amount required to be made available by a provision
of law or an amount defined as a ``security category'' under
section 250(c)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985) is hereby reduced by 22 percent.
amendment no. 128 offered by mr. norman of south carolina
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL PROVISION
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law)
is hereby reduced by 5 percent.
amendment no. 139 offered by mr. allen of georgia
At the end of division E (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law)
is hereby reduced by 5 percent.
amendment no. 151 mr. hern of oklahoma
At the end of division E (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law or
an amount defined as a ``security category'' under section
250(c)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985) is hereby reduced by 22 percent.
amendment no. 160 offered by mr. norman of south carolina
At the end of division E (before the short title), insert
the following:
SEC. __. GLOBAL REDUCTION.
Each amount made available by this Act (other than an
amount required to be made available by a provision of law)
is hereby reduced by 5 percent.
The Acting CHAIR. Pursuant to House Resolution 1232, the gentlewoman
from Connecticut (Ms. DeLauro) and the gentlewoman from Texas (Ms.
Granger) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chair, I reserve the balance of my time.
Ms. GRANGER. Mr. Chair, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Hern).
Mr. HERN. Mr. Chair, I rise today with a deep concern over the
rampant spending that has come out of this Chamber over the last 2
years.
While our constituents suffer from 40-year high inflation, this
Chamber has done nothing to help them. Instead, my colleagues across
the aisle have doubled down on their reckless spending and continue to
make each bill bigger than the last. The spending has got to stop.
We know that the American Rescue Plan was the catalyst for inflation
problems. We know that Biden's agenda has worsened those inflationary
pressures. And yet, today--today--we are looking at even more
exorbitant spending.
We have been here before. Me and my colleagues remember the 1970s and
the 1980s when inflation was even worse than it is today.
Inflation isn't new. We know how to reverse it. We have to stop the
spending. That is what my amendments do, cut our spending.
I urge every Member of this Chamber to support my amendments, which
will cut wasteful spending from government programs.
The status quo is not serving our constituents. For 20 years, we have
operated without the appropriate appropriations process in this
country. For the last 4 years, since I have been in Congress, I've
never seen a budget that has been provided and worked out, as my
colleague just mentioned prior to me.
The spending has continued to rise unchallenged. When will it end? To
maintain what we have done for the last 20 years is a disservice to the
people counting on us.
When I am home in Oklahoma, the only thing my constituents ask me is:
How are you going to stop inflation?
I know it is the same for all of my colleagues. Here is how we can
answer them: Cut the spending.
Mr. Chair, I urge adoption of my amendments from both sides of the
aisle.
Ms. DeLAURO. Mr. Chair, I yield myself such time as I may consume.
While I have offered this en bloc amendment for the purposes of
legislative efficiency, I strongly oppose it. This en bloc amendment
makes severe and harmful cuts to the minibus.
The draconian cuts are indiscriminate, they are harmful, and they
seek to overturn long overdue investments. I urge all Members to oppose
this en bloc amendment.
Mr. Chair, I yield 3 minutes to the gentleman from Illinois (Mr.
Quigley), the chair of the Subcommittee on Financial Service and
General Government.
Mr. QUIGLEY. Mr. Chair, I rise in opposition to the legislation
included in this amendment. These amendments would impose 5 and 22
percent cuts across the board.
These cuts are, frankly, a clumsy way to randomly hack away at
funding with no thought or consideration to their impact.
The amendment would slash funding for the Small Business
Administration by more than $200 million, severely undercutting much-
needed support for small businesses and entrepreneurs.
The reduction to the IRS amendment would reduce staffing across the
entire agency, resulting in lower customer service, reduced enforcement
efforts, increasing the tax gap, and placing U.S. taxpayers at
increased risk of identification theft.
A 22 percent cut to the District of Columbia public safety funding
would result in layoffs and reduced service for the D.C. courts, the
D.C. Public Defender's Office, and the Court Services and Offender
Supervision Agency. The ability to monitor defendants pending trial and
returning citizens would be severely hampered.
A cut of this magnitude would also cripple many small but important
agencies. It would prevent the Federal Trade Commission from
investigating privacy and cybersecurity issues or pursuing cases to
block anticompetitive mergers.
It would harm the Consumer Product Safety Commission's ability to
monitor and block dangerous products.
Additionally, this amendment would cripple the Office of Personnel
Management's distribution of monthly annuity payments, as well as
undermine other critical agencies that support millions of Federal
workers across the country.
I, therefore, urge my colleagues to vote ``no'' on this ill-conceived
and irresponsible amendment.
Ms. GRANGER. Mr. Chair, I yield 2 minutes to the gentleman from
Georgia (Mr. Allen).
Mr. ALLEN. Mr. Chair, I rise today in strong support of my amendments
on this en bloc package.
Let's review our Nation's fiscal trajectory here. Our Nation is over
$30 trillion in debt. American families are dealing with record
inflation, in large part due to unprecedented Federal spending.
[[Page H6839]]
What does the other side want to do? Spend more money, which will
make inflation worse.
This time last year, the President told us inflation was temporary
when the rate was just over 5 percent. Fast forward 12 months, and
inflation in this country has skyrocketed to 9 percent. This bill
spends almost 14 percent over last year's spending levels.
If adopted, my three amendments would reduce spending by a modest 5
percent in Transportation, Housing and Urban Development, Financial
Services and General Government, and Department of the Interior,
environment divisions of this spending package.
This amendment should be an easy one for everyone to support. Look at
the American people. Don't you think they have cut their expenses much
more than 5 percent because of inflation? Are we going to respond to
them like this? Yet, Democrats oppose those cuts.
Every time I am in the district, I hear about the cost of food, the
price of gas, and how the other side's failed fiscal policies are
harming American families.
Milk is up 16 percent. Butter is up 21 percent. Eggs are up 33
percent. The American people are not happy, and it is showing up in the
President's approval ratings.
Instead of continuing down this reckless path, let's change course.
Americans shouldn't have to watch their hard-earned money continue to
be devalued due to radical Democratic policies. If we are serious about
stopping inflation, Congress must rein in wasteful spending and enact
policies that will enable us to reclaim our energy independence.
I urge all Members to vote in favor of my amendments in this en bloc
package.
Ms. DeLAURO. Mr. Chair, I yield 4 minutes to the gentleman from North
Carolina (Mr. Price), the chairman of the Subcommittee on
Transportation, Housing and Urban Development, and Related Agencies.
Mr. PRICE of North Carolina. Mr. Chair, I urge my colleagues to sit
up and take notice of this. This is quite an amendment--quite a radical
amendment.
It indiscriminately would cut a total of 36 percent from programs in
Transportation and Housing without any regard for the merits of the
programs, just indiscriminate whacking away.
This is only in the T-HUD section of the bill, and I will limit
myself to that. I can't imagine that Members would dream of supporting
this amendment.
Investments in our transportation and housing infrastructure will
stall. Jobs will be lost. Some of our most vulnerable people, including
veterans, children, will be harmed.
This amendment will result in a reduction--I want to stress--in the
very programs Republicans profess to support. Let me give you some good
examples.
The FAA's Contract Tower Program that enjoyed strong bipartisan
support, critical to air safety--whacked away.
NeighborWorks, which supports local solutions to expand affordable
housing, increased housing counseling assistance, and strengthens
economic development. We increase NeighborWorks under bipartisan
urging--slashed.
Community Project Funding. Republicans and Democrats alike have
requested these appropriations to address transportation and housing
challenges in their local communities. Believe me: If we don't do it,
no one will. Those would be drastically cut.
Port infrastructure, another Republican emphasis--cut.
The amendment would even cut the small amount of defense spending
included in the T-HUD section of the bill: That would be directed to
critical maritime security programs.
Here is what else this amendment would mean the eviction of tens of
thousands of low-income households, half of which are elderly or
disabled, a growing backlog of roof, elevator, and other critical
health and safety repairs to public housing; thousands of homeless
veterans, survivors of domestic violence, youth out on the street; and
a halt in the production of affordable housing, which already is in
short supply.
Roads, bridges, aviation, transit, rail, and port systems across
rural and urban communities--having their repair and upkeep halted or
slowed, becoming less safe.
The bill before us helps us make progress in rebuilding and restoring
our infrastructure. This amendment would take us backward.
It is strange, isn't it, that deficits only seem to matter when it
comes to helping people keep a safe roof over their heads and creating
a more resilient infrastructure that can withstand the next tornado or
earthquake or flood, something every one of our districts benefits
from.
This isn't just a run-of-the-mill amendment. I suggest that Members
look carefully at what is in it and what it would do and what kind of
totally justified criticism they will be subject to if this amendment
even comes close to passing. I urge its defeat.
Ms. GRANGER. Mr. Chair, I yield back the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield 3 minutes to the gentleman from
Georgia (Mr. Bishop), the chairman of the Subcommittee on Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies.
Mr. BISHOP of Georgia. Mr. Chair, I rise in opposition to the en
bloc. Mr. Hern's amendment in this en bloc would cut discretionary
programs in the agriculture bill by 22 percent. Mr. Norman's would cut
them by 5 percent. Either level will have devastating and
counterproductive consequences across numerous programs.
This would mean cutting rural development initiatives. The 22 percent
cut would reduce much-needed investments in rural broadband,
electricity, water and waste systems, and housing at a time when we
really, really want to lift our rural communities.
It would mean cutting our investment in farm and conservation
programs, agriculture research, Food for Peace grants, and the
McGovern-Dole program.
{time} 1500
The Food and Drug Administration budget would be cut by over $800
million under Mr. Hern's proposal, lessening our ability to address the
opioid crisis, medical supply chain issues, infant formula, and food
safety.
I ask my colleagues to join me in opposition to these amendments.
Ms. GRANGER. Mr. Chair, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Hern).
Mr. HERN. Mr. Chair, I appreciate the comments from my colleagues
across the aisle. What the American people have just heard is the only
way forward is to spend even more.
Remember, the Obama administration's own Treasury Secretary said the
spending is what caused the inflation that you are experiencing that is
running rampant across America. The spending is crushing the future of
our American kids and our grandkids and future generations, with over
$30 trillion in debt. The same inflation that the Feds right now are
raising interest rates, they are going to drive up our mandatory
spending on the interest on our debt.
The answer is not to continue spending ourselves into bankruptcy.
There has been no offer from my colleagues across the aisle where there
is any way to quit spending the amount of money we are seeing today.
Moody's just said that the American people have $5 trillion more in
their bank accounts today than they had just a little over a year ago,
money that was sent to them by the Federal Government that we borrow
from places like China.
Friends, we have got to be more fiscally responsible. I spent the
last 2 years--5\1/2\ months last year, 5\1/2\ months this year--as the
budget chairman for the Republican Study Committee, actually working on
the budget, actually seeing where our spending goes.
We cannot keep having double-digit increases in our spending and
expect to be ever responsible to the American people for the future of
this country.
Ms. DeLAURO. Mr. Chair, if my colleagues on the other side were so
interested in really reducing inflation, I would hope that they would
be supportive of the child tax credit, which none of them have
supported, which, in fact, the majority of the people using the child
tax credit are dealing with food, with clothing, with school supplies,
with rent, but all of these expenses have gone up, and the money has
run out.
They can't find their way clear to support a child tax credit, and
that
[[Page H6840]]
lack of action from the Congress to renew the child tax credit is
trouble, it is big trouble for these families, especially as the costs
of life continue to swell due to inflation.
Let's look at the cost of inflation and why we have inflation and
take a look at what the oil companies are doing with price gouging.
What we ought to do is to do a windfall profits tax on people who are
making money hand over fist and refuse to lower the price of gasoline
at the pump because they are buying back stock to take care of
themselves and their stakeholders.
That is a portion of what is causing inflation and the rise in the
cost of living. If you were genuine about that, you would look at these
matters as well as just talking about inflation and not looking at the
root causes of it today.
Mr. Chair, I yield back the balance of my time.
Ms. GRANGER. Mr. Chair, I yield 1 minute to the gentleman from
California (Mr. McCarthy), the Republican leader.
Mr. McCARTHY. Mr. Chairman, I rise today in support of my amendment,
which is in part of the en bloc package of amendments No. 7 that is
designed to help protect our giant sequoias, which are native to my
home State of California, from catastrophic wildfires.
Giant sequoias only grow one place in the world, in California. They
live to 2,000, 3,000 years. Historically, they only die when they
tumble over after living through so many thousands of years.
But right now, as I stand here, there are currently 1,500
firefighters on the ground working to contain the Washburn fire in
Yosemite National Park. The fire is threatening more than 500 giant
sequoias, including the world's largest and oldest, the Grizzly Giant.
On record prior, the only time in history that we had giant sequoias
dying from fire was in 1297; but in the last 2 years, we have lost 20
percent of all the giant sequoias from fire. Think about that. In just
2 years, we have now lost 20 percent. As we speak and talk right now,
1,500 firefighters are trying to defend 500 giant sequoias, even the
oldest one on record.
I led a bipartisan congressional delegation to see the giant sequoias
impacted by fires in my district earlier this year. The devastation was
shocking. These losses are a clarion call for not only the National
Park Service and the U.S. Forest Service to act to remove hazardous
fuel buildup so we can reduce the risk of high-intensity fires in these
groves, but for Congress to make the critical management reforms and
provide the resources necessary to protect these iconic trees.
It is interesting when we were there together in a bipartisan group
to study it, there were people from other countries just to come see
these majestic beauties. When you talk to the Forest Service that led
us throughout, you would look at their badges. I don't know if anyone
has ever taken the time, but these trees are so iconic, they are on the
badge of our U.S. Forest Service.
But, again, in the last 2 years, 20 percent of them have been wiped
out by fire. If we do nothing, they can all be taken away.
In a Congress as divided as ours today, these giant sequoias have
actually united a bipartisan group of lawmakers who are committed to
protecting these natural wonders. I have been proud to introduce the
Save Our Sequoias Act with fellow California Congressman Scott Peters
as well as Natural Resources Ranking Member Bruce Westerman,
Congressman Panetta, Congressman McClintock, Congressman Costa,
Congressman Valadao, and Congressman Garamendi. They have all taken the
time to study what is before us right now.
The SOS Act will help save giant sequoias because it was declared an
emergency so we can immediately reduce the risk of catastrophic fires
in the giant sequoia groves by removing the hazardous fuel buildup,
remove the barriers that prevent the Forest Service and local experts
from taking action in advance to save these resources, provide funding
for the comprehensive reforestation study.
We are able to come together on this bill because we all have deep
understandings that our giant sequoias are in a crisis. That knowledge
also brought us together to offer this amendment today. This amendment
would prioritize $5 million in the National Park Service and $5 million
in the U.S. Forest Service to support efforts to reduce the risk of
catastrophic fires killing giant sequoias in the Sierra Nevada,
including environmentally responsible prescribed burns and mechanical
thinning, among other things. But this would only be for the groves.
It would also help prioritize funds for the development of a strategy
by the Secretaries of the Interior and Agriculture to better protect
the giant sequoia groves from catastrophic fires, a requirement
included in the fiscal year 2023 Interior Appropriations Committee
report.
We are racing against the clock. Fires are burning right now in the
Sierra National Forest, threatening these trees. Some of them are more
than 2,000 years old. We cannot be the generation that allows these
massive and ancient natural wonders to perish on our watch.
I urge my colleagues to support this amendment and vote for the en
bloc package No. 7. I thank the chairman, and I thank our ranking
member for yielding the time.
Ms. GRANGER. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Connecticut (Ms. DeLauro).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. HERN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments en bloc offered by the gentlewoman from
Connecticut will be postponed.
Amendments En Bloc No. 2 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Chair, pursuant to House Resolution 1232, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 2, 4, 5, 8, 26,
33, 34, 36, 37, 40, 42, 46, 47, 48, 49, 50, 52, 56, 57, 59, 60, 61, 64,
65, 69, 74, 75, 76, 77, 81, and 96 printed in part A of House Report
number 117-420 offered by Ms. DeLauro of Connecticut:
amendment no. 2 Offered by Mr. Allred of Texas
Page 39, line 1, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
amendment no. 4 Offered by Mr. carter of Louisiana
Page 152, line 25, after the dollar amount, insert
``(increased by $3,000,000,000) (reduced by
$3,000,000,000)''.
Page 153, line 2, after the dollar amount, insert
``(increased by $3,000,000,000) (reduced by
$3,000,000,000)''.
amendment no. 5 Offered by Ms. castor of florida
Page 26, line 21, after the dollar amount, insert
``(reduced by $115,000,000) (increased by $115,000,000)''.
amendment no. 8 Offered by Mr. desaulnier of california
Page 162, line 7, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 162, line 13, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 188, line 22, after the dollar amount, insert
``(reduced by $2,000,000)''.
amendment no. 26 Offered by Mr. kahele of hawaii
Strike section 419 of division A of the bill and insert the
following:
Sec. 419. 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,
where such approval would contravene section 40101(a)(5) and
(15) of title 49, United States Code.
amendment no. 33 Offered by Mr. Panetta of California
Page 40, line 9, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 45, after line 7, insert the following (and
redesignate the subsequent paragraphs accordingly):
(8) $2,000,000 shall be for grants to eligible entities to
carry out activities to benefit pollinators on roadsides and
highway rights-of-way under section 11528 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 332);
amendment no. 34 Offered by Mr. Pfluger of Texas
Page 22, line 23, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
[[Page H6841]]
amendment no. 36 Offered by Ms. Sherrill of New Jersey
Page 56, line 21, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
amendment no. 37 Offered by Ms. Sherrill of New Jersey
Page 231, line 2, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
amendment no. 40 Offered by Mr. Baird of Indiana
Page 312, line 3, after the dollar amount, insert
``(reduced by $8,000,000)''.
Page 311, line 14, after the dollar amount, insert
``(increased by $8,000,000)''.
amendment no. 42 Offered by Mr. Bergman of Michigan
Page 305, line 24, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 46 Offered by Ms. Jackson Lee of Texas
Page 245, line 12, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 251, line 24, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 47 Offered by Ms. Jackson Lee of Texas
At the end of division B (before the short title), insert
the following:
Sec. 770. None of the funds made available by this Act
under the heading ``DOMESTIC FOOD PROGRAMS--Food and
Nutrition Service--Supplemental Nutrition Assistance
Program'' may be used in contravention of section 107(b) of
division A of the Victims of Trafficking and Violence
Protection Act of 2000 (114 Stat. 1475; 22 U.S.C. 7105(b)).
amendment no. 48 Offered by Ms. Jacobs of California
Page 245, line 9, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 298, line 19, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 299, line 14, after the dollar amount, insert
``(increased by $3,000,000)''.
amendment no. 49 Offered by Ms. Kuster of New Hampshire
Page 246, line 17, after the dollar amount, insert
``(reduced by $700,000)''.
Page 288, line 8, after the dollar amount, insert
``(increased by $700,000)''.
Page 288, line 9, after the dollar amount, insert
``(increased by $700,000)''.
amendment no. 50 Offered by Mr. Larsen of Washington
Page 251, line 24, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 52 Offered by Mr. Neguse of Colorado
Page 245, line 6, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 270, line 12, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 56 Offered by Mr. Penetta of California
Page 308, line 24, after the dollar amount, insert
``(increased by $3,000,000) (reduced by $3,000,000)''.
Amendment No. 57 Offered by Mr. Pfluger of Texas
Page 242, line 11, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 59 Offered by Ms. Schrier of Washington
At the end of division B (before the short title), insert
the following:
Sec. __.
For ``Agricultural Programs-Research, Education, and
Economics-National Institute of Food and Agriculture-Research
and Education Activities'' for the establishment of a program
to make competitive grants to assist in the facility
construction, alteration, acquisition, modernization,
renovation, or remodeling of agricultural research
facilities, as authorized by the Research Facilities Act (7
U.S.C. 390 et seq.), there is hereby appropriated, and the
amount otherwise provided by this Act for ``Agricultural
Programs-Rural Development-Salaries and Expenses'' is hereby
reduced by, $2,000,000.
Amendment No. 60 Offered by Ms. Spanberger of Virginia
Page 245, line 6, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 270, line 12, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 61 Offered by Ms. Spanberger of Virginia
Page 245, line 6, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 298, line 19, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 299, line 6, after the dollar amount, insert
``(increased by $3,000,000)''.
Amendment No. 64 Offered by Mr. Stauber of Minnesota
Page 246, line 17, after the dollar amount, insert
``(reduced by $418,000)''.
Page 290, line 21, after the dollar amount, insert
``(increased by $418,000)''.
Page 292, line 17, after the dollar amount, insert
``(increased by $418,000)''.
Amendment No. 65 Offered by Mr. Steil of Wisconsin
Page 311, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 311, line 6, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 312, line 3, after the dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 69 Offered by Mr. Beyer of Virginia
Page 383, line 15, after the dollar amount, insert
``(increased by $234,678,000)''.
Page 383, line 15, after the dollar amount, insert
``(reduced by $234,678,000)''.
amendment no. 74 Offered by Mr. DeSaulnier of California
Page 358, line 3, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 360, line 16, after the dollar amount, insert
``(reduced by $3,000,000)''.
amendment no. 75 Offered by Ms. Escobar of Texas
Page 387, line 11, after the dollar amount, insert
``(increased by $8,000,000) (reduced by $8,000,000)''.
amendment no. 76 Offered by Mr. Graves of Louisiana
Page 356, line 16, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 77 Offered by Mr. Graves of Louisiana
Page 356, line 16, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 81 Offered by Mr. Moore of Utah
Page 361, line 9, after the dollar amount, insert
``(reduced by $4,000,000) (increased by $4,000,000)''.
amendment no. 96 Offered by Mrs. Trahan of Massachusetts
Page 383, line 15, after the dollar amount, insert
``(reduced by $20,000,000)(increased by $20,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 1232, the gentlewoman
from Connecticut (Ms. DeLauro) and the gentlewoman from Texas (Ms.
Granger) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chair, I yield myself 45 seconds. The en bloc
amendment includes a number of proposals offered by my Democratic and
Republican colleagues. I urge my colleagues to support the important
proposals contained in this amendment, and I reserve the balance of my
time.
Ms. GRANGER. Mr. Chair, I yield 1 minute to the gentleman from Utah
(Mr. Moore).
Mr. MOORE of Utah. Mr. Chair, I rise today in support of amendment
No. 81, which would provide funding for the Modernization Access to Our
Public Land Act, otherwise known as the MAPLand Act, which was enacted
last April.
I was proud to work with a strong, bipartisan coalition of Members in
the House and the Senate to get this bill signed into law, and I
appreciate Congresswoman Dingell for working with me on this amendment
before us today.
Making public land information more detailed and accessible in the
digital age is one of the many reasons why this bill has enjoyed such
broad support as it soared through the legislative process.
Adoption of this amendment today will provide the funding needed to
modernize and improve the quality of this data so that Americans can
more easily recreate on our Federal lands, which will also improve our
ability to fund important conservation programs that enhance and
protect habitats across this Nation.
This amendment is about helping families spend more time together
outside, about improving the way our government works, and about
fostering and sharing the joy of the great outdoors.
Mr. Chair, I urge my colleagues to support amendment No. 81.
Ms. DeLAURO. Mr. Chair, I yield 3 minutes to the gentlewoman from
Washington (Ms. Schrier).
Ms. SCHRIER. Mr. Chair, I am so glad that my amendment to fund the
Research Facilities Act was included in this government spending
package. We need to address our deferred research maintenance backlog
and increase investments in next-generation agriculture research.
This research is critical, as farmers in my district face daunting
challenges. For example, the ability for researchers to conduct
experiments on plants under various environmental stresses is critical
for understanding how crops respond to new climate conditions. Modern
facilities can also help researchers screen new crop varieties and
understand the impacts of a changing climate on things like nutrient
density and susceptibility to pestilence.
Many farmers in Washington State rely on the tremendous research done
[[Page H6842]]
at institutions like Washington State University. Ensuring that they
have modern facilities, cutting-edge facilities, will make it easier
for them to attract and keep world-class researchers.
These investments will reposition the United States for leadership,
long-term success, and competitiveness around the world, and make sure
we are leading in agricultural research and food research.
Ms. GRANGER. Mr. Chair, I yield 3 minutes to the gentleman from
Minnesota (Mr. Stauber).
Mr. STAUBER. Mr. Chair, I rise today in support of my amendment I
introduced, which increases the Circuit Rider program. The modest
increase of $418,000, offset entirely, means cleaner water for rural
America.
{time} 1515
Circuit riders travel from facility to facility across our small
towns, lending expertise and technical assistance because each
individual locality does not have the money to pay for their own. Many
treatment facilities in rural America have a dozen or less employees,
and these circuit riders save money for local budgets and taxpayers.
According to the National Rural Water Association, this minor
increase allows for about 90 more circuit riders. That is 90 more
experts traveling across rural America and rural Minnesota, lending
their invaluable knowledge to our rural water treatment facilities.
In an industry losing expertise to retirement or other jobs, this
funding can also be used to keep these mission-critical positions
competitive.
Finally, this amendment brings funding for the Circuit Rider Program
in line with a request I led along with 50 other bipartisan Members of
Congress.
Let's allow rural America to have clean, sanitary water, free up
local budgets, and ensure our rural operators get the technical
assistance they so desperately need.
Mr. Chair, I urge adoption of my amendment.
Ms. DeLAURO. Mr. Chair, I yield 3 minutes to the gentleman from
Georgia (Mr. Bishop), the chair of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Subcommittee.
Mr. BISHOP of Georgia. Mr. Chair, I rise in support of this
bipartisan en bloc. These amendments addressing the Agriculture
division of the package were made in order by the rule, and they have
been agreed to by both sides.
This was a truly collaborative process between both sides of the
aisle, and I believe this bipartisan effort will definitely improve the
bill.
I thank the sponsors for their efforts and highlight a few of the
issues that are covered by these amendments: encouraging innovation in
USDA research programs, protecting victims of trafficking, and
increasing funding for the farm-to-school program and the Circuit Rider
Program.
Mr. Chair, I support the amendment and urge its adoption. It improves
the bill.
Ms. GRANGER. Mr. Chair, I reserve the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield 3 minutes to the gentleman from
Louisiana (Mr. Carter).
Mr. CARTER of Louisiana. Mr. Chair, I thank Chairwoman DeLauro very
much for the opportunity to speak.
Last year, Hurricane Ida swept through my State, leaving in its wake
a shocking, terrible path of destruction. This body saw the devastation
of this storm and saw fit to make an immediate downpayment so that the
recovery could begin in Louisiana as we assessed the incredible damage.
Implied in that downpayment was a commitment to come back and do more
when Louisiana determined its actual need. My State, and many people
here, are asking this body to keep its commitment.
Disaster knows no boundary. It can and will hit all of our districts
unexpectedly. I promise to be with you when it does. Today, I need this
body to stand with me and pass additional hurricane relief funding so
that the people of Louisiana can fully recover.
Mr. Chair, I urge the passage of en bloc No. 2.
Ms. GRANGER. Mr. Chair, I yield back the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Connecticut (Ms. DeLauro).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TIFFANY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments en bloc offered by the gentlewoman from
Connecticut will be postponed.
Amendments En Bloc No. 3 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Chair, pursuant to House Resolution 1232, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 3, 6, 7, 9, 10,
11, 12, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 35, 39, 41, 43,
45, 51, 54, 55, 58, 62, 63, 66, 67, 68, 70, 71, 72, 73, 80, 82, 84, 85,
86, 89, 93, 94, and 95, printed in part A of House Report 117-420,
offered by Ms. DeLauro of Connecticut:
Amendment No. 3 Offered by Mr. Auchincloss of Massachusetts
Page 7, line 9, after the first dollar amount, insert
``(reduced by $15,000,000)''.
Page 7, line 9, after the first dollar amount, insert
``(increased by $15,000,000)''.
Amendment No. 6 Offered by Mr. Cohen of Tennessee
Page 23, line 7, after the dollar amount, insert ``(reduced
by $1,000,000)(increased by $1,000,000)''.
Amendment No. 7 Offered by Mr. Danny K. Davis of Illinois
Page 28, line 18, after the dollar amount, insert
``(increased by $10,000,000)(reduced by $10,000,000)''.
Amendment No. 9 Offered by Ms. Escobar of Texas
Page 5, line 10, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 10 Offered by Ms. Escobar of Texas
Page 152, line 25, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 11 Offered by Ms. Escobar of Texas
Page 5, line 10, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 5, line 16, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 6, line 10, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 7, line 23, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 12 Offered by Ms. Escobar of Texas
Page 110, line 1, after the dollar amount, insert
``(increased by $105,800,000) (reduced by $105,800,000)''.
Amendment No. 19 Offered by Ms. Jackson Lee of Texas
Page 190, line 25, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 20 Offered by Ms. Jackson Lee of Texas
Page 8, line 3, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 21 Offered by Ms. Jackson Lee of Texas
Page 152, line 25, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Page 153, line 2, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 22 Offered by Ms. Jackson Lee of Texas
Page 64, line 9, after the dollar amount, insert ``(reduced
by $1,000,000)(increased by $1,000,000)''.
Amendment No. 23 Offered by Ms. Jackson Lee of Texas
At the end of division A (before the short title), insert
the following:
Sec. ___. None of the funds made available by division A
of this Act to the Department of Transportation may be used
in contravention of section 306108 of title 54, United States
Code.
Amendment No. 24 Offered by Ms. Jayapal of Washington
Page 163, line 8, after the dollar amount, insert
``(reduced by $3,604,000,000)''.
Page 163, line 8, after the dollar amount, insert
``(increased by $3,604,000,000)''.
Amendment No. 25 Offered by Mr. Jones of New York
Page 121, line 13, after the dollar amount insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 27 Offered by Mr. Larsen of Washington
Page 28, line 18, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 28 Offered by Mr. Levin of Michigan
Page 134, line 1, after the dollar amount, insert
``(reduced by $12,500,000) (increased by $12,500,000)''.
[[Page H6843]]
Amendment No. 29 Offered by Mr. Levin of Michigan
Page 7, line 23, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 30 Offered by Ms. Manning of North Carolina
Page 181, line 23, after the dollar amount insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 32 Offered by Ms. Omar of Minnesota
Page 181, line 23, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 35 Offered by Ms. Pressley of Massachusetts
Page 76, line 14, after the dollar amount insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 39 Offered by Ms. Waters of California
Page 111, line 15, after the dollar amount insert
``(increased by $24,000,000) (reduced by $24,000,000)''.
Page 130, line 15, after the dollar amount insert
``(increased by $24,000,000) (reduced by $24,000,000)''.
Page 133, line 23, after the dollar amount insert
``(increased by $65,000,000,000) (reduced by
$65,000,000,000)''.
Page 134, line 23, after the dollar amount insert
``(increased by $65,000,000,000) (reduced by
$65,000,000,000)''.
Page 152, line 25, after the dollar amount insert
``(increased by $3,000,000,000) (reduced by
$3,000,000,000)''.
Page 153, line 2, after the dollar amount insert
``(increased by $3,000,000,000) (reduced by
$3,000,000,000)''.
Page 157, line 5, after the dollar amount insert
``(increased by $20,000,000,000) (reduced by
$20,000,000,000)''.
Page 157, line 7, after the dollar amount insert
``(increased by $10,000,000,000) (reduced by
$10,000,000,000)''.
Page 173, line 5, after the dollar amount insert
``(increased by $500,000,000) (reduced by $500,000,000)''.
Page 175, line 25, after the dollar amount insert
``(increased by $500,000,000) (reduced by $500,000,000)''.
Amendment No. 41 Offered by Mr. Bera of California
Page 249, line 13, after the dollar amount, insert
``(reduced by $1,500,000) (increased by $1,500,000)''.
Amendment No. 43 Offered by Ms. Escobar of Texas
Page 289, line 13, after the dollar amount, insert
``(increased by $10,045,000) (reduced by $10,045,000)''.
Amendment No. 45 Offered by Ms. Houlahan of Pennsylvania
Page 244, line 22, after the first dollar amount, insert
``(reduced by $10,000,000)''.
Page 246, line 17, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 286, line 3, after the dollar amount, insert
``(increased by $15,000,000)''.
Amendment No. 51 Offered by Ms. Moore of Wisconsin
Page 245, line 6, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 298, line 19, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 299, line 25, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 54 Offered by Ms. Omar of Minnesota
Page 298, line 19, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 55 Offered by Ms. Omar of Minnesota
Page 302, line 1, after the first dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 58 Offered by Ms. Plaskett of the Virgin Islands
At the end of division B (before the short title), insert the
following
Sec. __. There is hereby appropriated, and the amount
otherwise made available by this Act for ``Agricultural
Programs--Agricultural Marketing Service--Marketing
Services'' is reduced by, $10,000,000, to carry out section
4206 of Public Law 115-334.
Amendment No. 62 Offered by Ms. Spanberger of Virginia
Page 308, line 24, after the dollar amount, insert
``(reduced by $500,000)''.
Page 308, line 24, after the dollar amount, insert
``(increased by $500,000)''.
Amendment No. 63 Offered by Ms. Spanberger of Virginia
Page 246, line 17, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 258, line 22, after the first dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 66 Offered by Ms. Velazquez of New York
Page 302, line 1, after the first dollar amount, insert
``(increased by $1,000,000,000)''.
Amendment No. 67 Offered by Mr. Auchincloss of Massachusetts
Page 377, line 18, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
Amendment No. 68 Offered by Mr. Auchincloss of Massachusetts
Page 377, line 18, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 388, line 20, after the dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 70 Offered by Ms. Bush of Missouri
Page 384, line 25, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 388, line 20, after the dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 71 Offered by Ms. Bush of Missouri
Page 383, line 15, after the dollar amount, insert
``(increased by $500,000)''.
Page 388, line 20, after the dollar amount, insert
``(reduced by $500,000)''.
Amendment No. 72 Offered by Ms. Bush of Missouri
Page 377, line 18, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 380, line 2, after the dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 73 Offered by Ms. Castor of Florida
Page 378, line 18, after the dollar amount, insert
``(reduced by $30,000,000)(increased by $30,000,000)''.
Amendment No. 80 Offered by Ms. Matsui of California
Page 377, line 18, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 388, line 20, after the dollar amount, insert
``(reduced by $3,000,000)''.
Amendment No. 82 Offered by Mr. Neguse of Colorado
Page 368, line 25, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 371, line 22, after the dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 84 Offered by Ms. Omar of Minnesota
Page 380, line 2, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 85 Offered by Ms. Omar of Minnesota
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used by the Secretary of Energy to make a guarantee under
section 1703 of the Energy Policy Act of 2005 (42 U.S.C.
16513) for a project that does not avoid, reduce, or
sequester air pollutants or anthropogenic emissions of
greenhouse gases.
amendment no. 86 Offered by Mr. Peters of California
Page 378, line 18, after the dollar amount, insert
``(reduced by $30,500,000)(increased by $30,500,000)''.
amendment no. 89 Offered by Mr. Phillips of Minnesota
Page 399, line 15, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 93 Offered by Ms. Scanlon of Pennsylvania
Page 377, line 18, after the dollar amount, insert
``(reduced by $1.00) (increased by $1.00)''.
amendment no. 94 Offered by Ms. Sherrill of New Jersey
Page 377, line 18, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
amendment no. 95 Offered by Ms. Speier of California
Page 377, line 18, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 388, line 20, after the dollar amount, insert
``(reduced by $3,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 1232, the gentlewoman
from Connecticut (Ms. DeLauro) and the gentlewoman from Texas (Ms.
Granger) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chair, I yield myself 45 seconds.
The amendments en bloc includes a number of proposals offered by my
Democratic colleagues. It reflects our shared values of investing in
the American people to create good-paying jobs, grow opportunity, and
provide a lifeline to the vulnerable.
Mr. Chair, I urge my colleagues to support the important proposals
contained in this en bloc, and I reserve the balance of my time.
Ms. GRANGER. Mr. Chair, I reserve the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield 3 minutes to the gentleman from
Georgia (Mr. Bishop), the chairman of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee.
Mr. BISHOP of Georgia. Mr. Chair, I thank the gentlewoman for
yielding.
These amendments en bloc address the Agriculture division of this
package that were made in order by the rule. I believe they will
improve the bill also.
In particular, the amendments will increase the funding for the
school breakfast expansion program and further advance the needs of
Puerto Rico and the other territories, all of which participate in the
Micro-Grants for
[[Page H6844]]
Food Security Program. Representative Velazquez' amendment draws
attention to Puerto Rico's nutrition needs, where about 1.5 million
residents receive nutrition assistance.
The amendments highlight other important issues, such as rural energy
efficiency and the need to build our infant formula manufacturing base
in this country.
Mr. Chair, I support the amendment, and I urge its adoption.
Ms. GRANGER. Mr. Chair, I yield myself such time as I may consume.
I rise in opposition to the en bloc package of amendments. These 46
amendments do nothing to reduce inflation, fix the supply chain, lower
gas prices, or bolster our national security. Instead, these amendments
continue the majority's trend of inflationary spending increases,
including a proposal to increase mandatory spending by another $1
billion, just one example of excess spending.
The Energy Efficiency and Renewable Energy Office receives an
enormous 25 percent increase in this bill, and this en bloc package
would increase it even more.
My colleagues on the other side of the aisle must understand
Americans will not stand for bloated bureaucracy and runaway spending.
Mr. Chair, I urge Members to vote ``no'' on this en bloc package, and
I yield back the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield back the balance of my time.
Miss GONZALEZ-COLON. Mr. Chair, I rise in support of amendment No. 66
included in En Bloc 3 and sponsored by Congresswoman Nydia Velazquez of
New York. I am a cosponsor of this amendment, which supports an
increase of $1 billion for the Nutrition Assistance Program in Puerto
Rico for Fiscal Year 2023 .
Unlike the 50 states, the U.S, Virgin Islands, and Guam, Puerto Rico
does not participate in the Supplemental Nutrition Assistance Program,
known as SNAP. Instead, we have the NAP block grant, which provides
capped funding and serves over 1.4 million of my constituents on the
Island.
Due to limited funds, NAP does not automatically adjust to increases
in demand These are most common in the aftermath of natural disasters,
like we saw after the hurricanes in 2017, and most recently the COVID-
19 pandemic. Because of this, we have had to turn to Congress on
multiple occasions to advocate for additional emergency NAP funds,
included in various disaster supplementals.
The most recent allotment, provided due to COVID-19, was expended
last month, meaning Island residents who rely on this program have
already noticed a significant reduction in their monthly benefits as we
continue managing the challenges related to the pandemic and the rising
costs of food. Additional funds are needed since, for many, NAP is the
main program that secures their access to a healthy diet.
Mr. Speaker, the true remedy to this issue is a transition to SNAP.
Currently, NAP beneficiaries in PR receive far less in monthly benefits
than their counterparts in SNAP, and don't have access to programs like
D-SNAP. which is a vehicle to get expedited disaster assistance without
depending on supplemental legislation. As such, I have introduced H.R.
5220, the Puerto Rico Nutrition Assistance Fairness Act, which
transitions Puerto Rico from NAP to SNAP, and I continue working with
stakeholders to gather additional input on this issue moving forward.
Still, there is an immediate need at hand. As such, I support this
and every effort that seeks to secure additional funds for NAP and
underscores the need to transition to SNAP
I urge my colleagues to vote in favor.
Mr. LEVIN of Michigan. Mr. Chair, I rise today in support of my
amendment to H.R. 8294, the fiscal year 2023 Transportation, Housing
and Urban Development, Agriculture, Rural Development, Energy and Water
Development, Financial Services and General Government, Interior,
Environment, Military Construction, and Veterans Affairs Appropriations
Act, to ensure that Congress is adequately funding Tenant Participation
Activities. I thank Chairs Rosa DeLauro and David Price for supporting
this amendment.
The right of tenants to organize is a fundamental part of successful
federal housing programs. The tenant participation process, built into
all of HUD's major housing programs, can ensure that tenants play an
integral role in the management process and promote services
benefitting all residents. For example, through the public notice and
comment process, tenants can prevent changes to the property that will
destabilize residents' lives or diminish their rights. Funding resident
participation and organizing activities is also an intentional and
active way to value the lived experience of assisted families. Their
empowerment is essential as we work towards a more just housing system.
At present, these activities are not adequately funded. The
allotment that Public Housing Authorities can provide tenant
participation activities through a formula--$25 per occupied unit--has
not changed since 2001. As a former union organizer, I understand what
a difference even a small amount of funds can make for getting people
activated and motivated to join an organizing effort. My amendment
seeks to ensure that the PHA allotment is increased to $40 per occupied
unit, per year, adjusted for inflation so that HUD residents have the
financial support they need to participate in organizing activities
that will improve the lives of residents and their surrounding
communities.
I urge my colleagues to support this important amendment.
Mr. LEVIN of Michigan. Mr. Chair, I rise today in support of my
amendment to ensure that funding is prioritized for the Rebuilding
American Infrastructure with Sustainability and Equity (RAISE)
discretionary grant program in H.R. 8294, the fiscal year 2023
Transportation, Housing and Urban Development, Agriculture, Rural
Development, Energy and Water Development, Financial Services and
General Government, Interior, Environment, Military Construction, and
Veterans Affairs Appropriations Act. It is critical that RAISE grants
include equipping our highways with electric vehicle charging
equipment, as well as powering public buses and rail with electricity.
I thank Chairs Rosa DeLauro and David Price for their support for my
amendment.
Today, continued investments in outdated technology that contributes
to our planet's disastrous overheating are not sustainable. Instead, we
should be investing in projects that will decarbonize and electrify our
public transportation sector and help the country achieve net-zero
carbon emissions. We must also commit to funding projects that further
the goal of equity and uplift our most vulnerable populations, as the
effects of climate change have a disproportionate impact on communities
of color.
Our planet and the future of younger Americans and future generations
depend on our ability to act on climate change now, and take every
opportunity to transition away from fossil fuel dependence. Madam
Speaker, this is one of those critical opportunities. This is our
opportunity to ensure that our infrastructure is sustainable and
equitable; to make a strategic investment both in our nation's
infrastructure and our environment; to invest in future generations,
not just for our grandchildren but for their children and beyond. I
urge my colleagues to support this amendment.
Mr. DANNY K. DAVIS of Illinois. Mr. Chair, I rise in support of En
Bloc 3 that includes my Rules amendment number 110 to increase funding
for diversity in the aviation field.
Being an aircraft pilot is an in-demand, high-paying profession, with
the median annual wage for a commercial pilot being over $99,000.
Unfortunately, the aviation industry is impressively homogenous.
According to the Bureau of Labor and Statistics, 93 percent of aviation
pilots and engineers in 2021 were White with only 6.1 percent being
Hispanic/Latino, 3.9 percent being Black, and 1.5 percent being Asian.
Approximately 95 percent of aviation pilots and engineers are men.
Prior to the pandemic, the pilot pipeline was untenably low, We have
heard repeatedly this summer about how the recent travel problems occur
in part due to a pilot shortage. The high cost of pilot training is a
key barrier to entering the profession, especially for people of color.
Pilot training can cost between $80,000 to $100,000.
My amendment gives Congress an opportunity to help individuals enter
aviation careers while increasing the diversity of the field. My
amendment increases and decreases the Research, Engineering, and
Development program by $10 million to highlight the need to double
funding for the Aviation Workforce Development Grants. The Aviation
Workforce Development Grants program invests in training and
diversification of aircraft pilots and aviation maintenance workers.
The aircraft pilot program and the aviation maintenance program each is
currently authorized at $5 million. My amendment highlights how
doubling funding for these grants would help address the immediate need
to increase the aviation workforce with a focus on individuals
currently underrepresented in the profession.
Further, my amendment focuses on how the Aviation Workforce program
could include more students of color by expanding partnerships with
Historically Black Colleges and Universities, Tribal Colleges and
Universities, and the five Minority Serving Institutions, including:
Asian American Native American Pacific Islander-Serving Institutions;
Alaska Native and
[[Page H6845]]
Native Hawaiian Serving Institutions; Hispanic Serving Institutions;
Native American-Serving Non-Tribal Institutions; and Predominantly
Black Institutions. These institutions have expertise in educating and
graduating low income students of color. Collaborating with these
institutions is an effective way to target grants to students from
racial/ethnic backgrounds with financial need.
In closing, I urge my colleagues to support my amendment to bring
attention to the need to increase funding for aviation workforce
training and diversity.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Connecticut (Ms. DeLauro).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. GRANGER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments en bloc offered by the gentlewoman from
Connecticut will be postponed.
Amendments En Bloc No. 4 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Chair, pursuant to House Resolution 1232, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 4 consisting of amendments Nos. 13 and 179,
printed in part A of House Report 117-420, offered by Ms. DeLauro of
Connecticut:
Amendment No. 13 Offered by Mr. Good of Virginia
Page 241, after line 8, insert the following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the prevailing
wage requirements in subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the ``Davis-Bacon
Act'').
Amendment No. 179 Offered by Mr. Good of Virginia
Page 241, after line 8, insert the following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the prevailing
wage requirements in subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the ``Davis-Bacon
Act'').
The Acting CHAIR. Pursuant to House Resolution 1232, the gentlewoman
from Connecticut (Ms. DeLauro) and the gentlewoman from Texas (Ms.
Granger) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chair, I yield myself such time as I may consume.
I oppose these amendments en bloc. Davis-Bacon is a pretty simple
concept and a fair one. What does the Davis-Bacon Act do? It protects
the government as well as workers in carrying out the policy of paying
a decent wage on government contracts.
The Davis-Bacon Act requires that workers on federally funded
construction projects be paid no less than the wages paid in the
community for similar work. It requires that every contract for
construction to which the Federal Government is a party, in excess of
$2,000, contain a provision defining the minimum wages paid to various
classes of laborers and mechanics.
The House has taken numerous votes on this issue, and on every vote
this body has voted to maintain Davis-Bacon requirements. We should not
be attacking working-class people, men and women who work every single
day for a decent paycheck, and their wages haven't been increased with
the cost of inflation. We should defeat the amendment before us today,
and we should move on to more important matters.
Mr. Chair, I urge all Members to vote ``no,'' and I reserve the
balance of my time.
Ms. GRANGER. Mr. Chair, I yield 10 minutes to the gentleman from
California (Mr. Valadao), a member of the Appropriations Committee.
Mr. VALADAO. Mr. Chair, I request support from my colleagues on a
very simple amendment.
This amendment would prohibit the Department of Energy from sending
America's Strategic Petroleum Reserve to China. Supporting this
language is common sense, especially since we need to focus on
increasing energy production and not supporting our adversaries while
Americans are still suffering from outrageously high fuel prices here
at home.
These reserves are meant to be used for emergencies only. They are
not meant to be used when our leadership has failed us by unnecessarily
restricting domestic energy production.
What is even more concerning is that under the Biden administration,
our Strategic Petroleum Reserve supplies have been severely diminished.
It does not make sense that we are using our already depleted energy
supplies to help China build up their own strategic reserves.
It is irresponsible and dangerous for the United States to provide
our foreign adversary with fuel that we desperately need to keep here
in the United States in case of an emergency. It seems the Biden
administration is helping to support China's national security at the
expense of our own.
It has been suggested that selling resources from the Strategic
Petroleum Reserve will help reduce fuel prices here at home. That is
simply not true.
What we should be doing instead is supporting our energy producers
here in the United States. We have abundant resources here that can and
should be used. We are deliberately holding our country back by
overregulating and stifling our domestic energy producers. The very
last thing we should be doing is sending our precious resources from
the Strategic Petroleum Reserve to China. I urge all of my colleagues
to support the United States national security by supporting this
amendment.
Mr. Chair, I include in the Record the text of this amendment.
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to draw down and sell petroleum products from the
Strategic Petroleum Reserve to any entity that does not
certify to the Secretary of Energy that--
(1) it is not under the ownership, control, or influence of
the Chinese Communist Party; and
(2) such petroleum products will not be exported to the
People's Republic of China.
Mr. VALADAO. Mr. Chair, thank you for allowing me this time to talk
about the importance of the three amendments I submitted to this bill
that, unfortunately, we won't be voting on today.
The severe drought throughout the American West has been negatively
impacting my constituents and local community for years.
In the Central Valley, our farmers have had to turn to pumping
groundwater to protect their high-value crops. Towns have been forced
to pump more and more groundwater to meet their communities' needs. As
a result, these communities have experienced land subsidence at the
expense of critical water infrastructure.
In the worst cases, farmers are forced to fallow their fields and dry
out valuable orchards due to access to little or no water.
My constituents are farmers who feed the world, and with record-high
food prices, the inability for our domestic farmers to grow food is
going to impact the entire country. The situation is dire and only
getting worse.
We can't produce more water, but we can work with the water we
already have and apply commonsense solutions to make this water
available to our agricultural communities.
My first amendment would have addressed water storage capacity issues
by extending the storage provision of subtitle J of the WIIN Act. It
would have also created a program to assist in funding the repairs to
damaged canal facilities.
Unless these canals are completely restored, the issue of subsidence
and resulting unnecessary water loss will continue and conditions will
worsen.
{time} 1530
My second amendment would codify the 2019 biological opinions that
were independently peer-reviewed and informed by the most accurate and
best-available science.
Unfortunately, the Biden administration's Bureau of Reclamation has
ignored science and reinitiated consultation with the BiOps with no
explanation. Codifying the 2019 BiOps would put an end to senseless
litigation and provide operational certainty for Valley farmers.
My third amendment was one focused on transparency and would direct
the Bureau of Reclamation to provide the Committee on Appropriations
with a justification on their decision to reinitiate consultation of
2019 biological opinions. We need to stop playing politics with a
resource that the Central Valley is so reliant on.
[[Page H6846]]
It is extremely disappointing that the majority rejected each one of
these amendments that would bring more water to the communities
throughout the Central Valley who are doing everything they possibly
can to survive these conditions and provide food for our Nation.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentleman from New
Jersey (Mr. Norcross).
Mr. NORCROSS. Mr. Chairman, I appreciate the gentlewoman for
yielding.
Here we are once again having a discussion about Davis-Bacon
prevailing wages. Dozens of studies over decades have shown prevailing
wages increase productivity, raise wages, helps local contractors,
promote high-quality apprenticeship programs. The very thing that we
talk about doing here for our districts.
Prevailing wage laws increase productivity by attracting higher-
quality general contractors and subcontractors to bid on public works;
it levels the playing field. As a result, public projects cut down on
change orders and finish projects with greater efficiency.
In fact, in 2015, West Virginia repealed its State prevailing wage
law, arguing it would allow the State to build five schools instead of
four. But after a study, the repeal showed that there were no cost
savings from repeal of the law--but massive decreases in wages, out-of-
town contractors and apprenticeships.
Not only that, prevailing wage laws are also good for business. They
are good for contractor associations. They are good for people.
I find it absolutely unbelievable that we come down and have these
discussions each and every time saying: I am fighting to lower wages in
my district. This is what my people want, they want to be paid less.
Not a word on what the contractor/owners can make. But the workers, the
ones who build things, we are fighting to lower those wages.
This is insane. I would call it dumb, but I want to be kinder. We are
in a great institution. Let's just call it wrong, hateful,
misappropriated.
But the fact of the matter is, we are here to raise the level of
quality and, certainly, of helping those who need it most, the ones who
build America.
Mr. Chair, I urge my colleagues to defeat this amendment.
Ms. GRANGER. Mr. Chairman, I yield 3 minutes to the gentleman from
Virginia (Mr. Good).
Mr. GOOD of Virginia. Mr. Chairman, I rise in support of two
amendments that would prohibit Federal funding for Davis-Bacon under
Division A and Division F of this minibus.
Passed into law in 1931, Davis-Bacon was a conglomeration of many Jim
Crow-era policies intended to inflate the wages of government
contractors and eliminate competition for labor in favor of White union
workers.
Nearly every day on this House floor, we hear from Democrats about
how anyone who disagrees with them must obviously be a racist. That is
their default response to virtually all opposition to their disastrous
policies.
Climate--racist. Healthcare--racist. COVID--racist. Infrastructure--
racist. Police--racist. School choice--racist. Border security--racist.
Voting Republican--obviously, racist. Being a patriot in the military--
racist. Election integrity--super racist.
In fact, the President of the United States called proponents of
voter ID worse than Jim Crow. They were ``Jim Eagle.''
But will any Democrat join me today in this effort to oppose Davis-
Bacon, a hateful, legal artifact from the Jim Crow era?
Beyond its history, the Davis-Bacon Act artificially drives up the
cost of Federally funded construction projects by requiring the payment
of the prevailing wage, an arbitrary wage determined by the Department
of Labor, rather than the wage determined by the marketplace. That is
never good, and certainly not in the interest of the taxpayer--you
know, the ones who pay the bills.
In fact, Davis-Bacon drives up Federal construction costs by about 10
percent every year and costs taxpayers about $11 billion a year. I
know, I know. We waste trillions around here, and we don't care about
billions. We don't take that seriously. But why should American
taxpayers subsidize unions when only 14 percent of construction workers
are unionized.
Billions of Federal dollars are being funneled towards just one-tenth
of the entire construction workforce in our country. By inflating wages
far above the market rate, we are not helping American workers, we are
robbing taxpayers of $11 billion a year. Nonunion workers are paying
more in taxes to subsidize higher union wages for Davis-Bacon workers.
With the Biden price hike driving inflation to a 40-percent high at 9
percent, we should all be thinking about ways to save taxpayer money
and make government more efficient. The Biden price hike has the impact
of making every American work one month for free this year. That is how
much less purchasing power they have.
My legislation to repeal the Davis-Bacon Act has the support of
Americans for Prosperity, Citizens Against Government Waste,
FreedomWorks, Heritage Action for America, and National Right to Work.
Mr. Chairman, I urge all my colleagues to support my commonsense
amendments to prohibit funding for Davis-Bacon and save taxpayers $11
billion per year.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentleman from North
Carolina (Mr. Price), the chairman of the Transportation, Housing and
Urban Development, and Related Agencies for appropriations.
Mr. PRICE of North Carolina. Mr. Chair, I strongly oppose this
amendment. It seeks to waive longstanding prevailing wage requirements
that are contained in the Davis-Bacon Act.
This act ensures that workers are paid decent wages while preventing
contractors from undercutting competitors by offering wages or setting
wages below prevailing levels.
Davis-Bacon helps protect workers. It helps protect the government.
Davis-Bacon applies government-wide, but it does particularly apply to
the T-HUD sections of the bill. Hence, I strongly oppose it.
I often noted immodestly over these last years when everybody was
talking infrastructure--and ``Infrastructure Week'' almost became a
punch line--that while everybody else was talking about it, we were
doing it. We were doing it on the T-HUD Appropriations Subcommittee and
in the Congress, year after year, plugging away at our infrastructure
needs.
And that is what we have done. We have actually made investments in
the annual T-HUD bill, and these investments are practically synonymous
with construction. That is what they are about. Construction.
Construction workers.
There are countless transportation formula and competitive grant
programs, as well as affordable housing programs in the bill that
follow Davis-Bacon requirements--have done so happily and productively
over many years--and they would suddenly face new standards.
Davis-Bacon has helped construction workers in all trades all
throughout the Nation since 1931, and there is no need to abandon it
now--although Republicans have been trying to abandon it for a good
number of those years.
Instead of actively trying to reduce wages, we should be working to
lift up workers and increase wages. The Congress has rejected similar
amendments in the past because there is a strong bipartisan support in
this body for fair labor standards for construction contracts.
So it is my hope that we stop disrespecting working people. Stop
disrespecting working people. Stand up for working people. Defeat this
amendment before us today.
Mr. Chair, I urge all Members to oppose the en bloc amendment.
Ms. GRANGER. Mr. Chairman, I reserve the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentlewoman from
Virginia (Ms. Spanberger).
Ms. SPANBERGER. Mr. Chairman, I rise today in support of my amendment
to protect seniors and crack down on drug companies obscuring the side
effects of their prescription drugs in their television ads.
The United States is one of only two countries that allow direct-to-
consumer pharmaceutical advertising, and there are serious consumer
safety concerns about these ads. These ads use distracting imagery,
such as butterflies, happy puppies, cheesy music, and
[[Page H6847]]
beautiful sunrises to distract consumers from a drug's dangerous side
effects.
Congress instructed the FDA to crack down on these deceptive
techniques more than a decade ago. However, the FDA has misused that
statutory deadline by more than a decade.
My amendment simply instructs the agency to finalize the rulemaking
as soon as possible. Medical decisions should always be made between a
patient and their doctor, not between a patient and their TV screen.
Mr. Chair, I urge my colleagues to support my commonsense consumer
protection amendment.
Ms. GRANGER. Mr. Chairman, I yield back the balance of my time.
Ms. DeLAURO. Mr. Chairman, in closing, I just remind my colleagues,
this body has rejected this amendment on a bipartisan basis time and
time again.
Speaking about inflation, we know that wages have not kept up with
inflation, and working people are struggling, living paycheck to
paycheck. Why are we dealing with an amendment that would try to
curtail wages and prevailing wages for workers every day who go on a
job and put forth all of their efforts to be able to get a decent wage
to take care of their children, to be able to deal with inflation?
It speaks loudly of my colleagues who refuse to believe that we need
to have wages increase to help people fight inflation.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Connecticut (Ms. DeLauro).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. GRANGER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments en bloc offered by the gentlewoman from
Connecticut will be postponed.
Amendments En Bloc No. 5 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Chair, pursuant to House Resolution 1232, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 5 consisting of amendment Nos. 14, 15, 16, 17,
38, 78, 87, 88, 90, 91, 92, 100, 103, 105, 109, 110, 111, 112, 117,
120, 122, 131, 133, 134, 135, 143, 145, 147, 148, 149, 150, 157, 163,
167, 168, and 175 printed in part A of House Report 117-420, offered by
Ms. DeLauro of Connecticut:
Amendment No. 14 Offered by Mr. Good of Virginia
Page 18, beginning on line 13, strike ``Electric Vehicle
Fleet'' and all that follows through ``preceding proviso.''
on page 19, line 3.
Amendment No. 15 Offered by Mr. Good of Virginia
Page 133, line 23, insert ``(reduced by $75,000,000)''.
Page 138, line 5, insert ``and'' after the semicolon.
Page 138, line 8, strike the semicolon and insert a period.
Page 138, strike line 9, and all that follows through page
139, line 14.
Amendment No. 16 Offered by Mr. Grothman of Wisconsin
At the end of division A (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used for the implementation of the equity action plan of
the Department of Transportation.
Amendment No. 17 Offered by Mr. Grothman of Wisconsin
Page 153, line 2, after the dollar amount, insert
``(reduced by $300,000,000)''.
Amendment No. 38 Offered by Mr. Taylor of Texas
Page 39, line 1, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 78 Offered by Mr. Grothman of Wisconsin
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to fund the Office of Economic Impact and Diversity
of the Department of Energy.
Amendment No. 87 Offered by Mr. Pfluger of Texas
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement or enforce Executive Order 14008
entitled ``Tackling the Climate Crisis at Home and Abroad''
published in the Federal Register on February 1, 2021 (86
Fed. Reg. 7619).
Amendment No. 88 Offered by Mr. Pfluger of Texas
Strike page 384, line 19 through page 385, line 8.
Amendment No. 90 Offered by Mr. Roy of Texas
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act
under the heading ``Department of Energy Energy Programs--
Departmental Administration'' shall be available for the
Department of Energy Office of Economic Impact and Diversity,
and the amount otherwise provided under such heading is
hereby reduced by $34,140,000.
Amendment No. 91 Offered by Mr. Roy of Texas
Page 385, strike lines 9 through 15.
Amendment No. 92 Offered by Mr. Roy of Texas
Page 384, strike line 19 and all that follows through page
385, line 8.
Amendment No. 100 Offered by Mr. Budd of North Carolina
At the end of division D (before the short title), insert
the following:
TITLE IX--General provisions
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used to implement or enforce
Executive Order 14019 (86 Federal Register 13623).
Amendment No. 103 Offered by Mr. Clyde of Georgia
At the end of division D (before the short title), insert
the following:
TITLE IX--GENERAL PROVISIONS
Sec. 901. None of the funds made available by this Act may
be used to promulgate, implement, administer, or enforce
Executive Order 14076 signed by President Biden on July 8,
2022.
Amendment No. 105 Offered by Mr. Davidson of Ohio
At the end of division D (before the short title), insert
the following:
TITLE IX--GENERAL PROVISIONS
SEC. 901.
None of the funds made available by this Act may be used to
promulgate rules to amend the following forms issued by the
Securities and Exchange Commission: Form N-1A, Form N-2, Form
N-CSR, Form N-8B-2, Form S-6, Form N-CEN, and part 2A of Form
ADV.
Amendment No. 109 Offered by Mr. Fallon of Texas
Page 419, line 19, after the dollar amount, insert
``(reduced by $278,382,000) (increased by $278,382,000)''.
Amendment No. 110 Offered by Mr. Fallon of Texas
Page 506, strike line 6 and all that follows through line
20.
Amendment No. 111 Offered by Mr. Fitzgerald of Wisconsin
At the end of division D (before the short title), insert
the following:
Sec. __. None of the funds in this Act made available to
the Federal Trade Commission may be used to promulgate any
rule defining or describing unfair methods of competition for
purposes of the Federal Trade Commissission Act (15 U.S.C. 41
et seq.).
Amendment No. 112 Offered by Mr. Gooden of Texas
Page 590, beginning on line 6, strike section 751.
Amendment No. 117 Offered by Mr. Grothman of Wisconsin
Strike section 751 of division D of the bill.
Amendment No. 120 Offered by Mr. Huizenga of Michigan
Page 520, line 21, insert after the dollar figure the
following: ``(reduced by $83,000,000) (increased by
$83,000,000)''.
Amendment No. 122 Offered by MR. JOYCE OF OHIO
At the end of division D (before the short title), insert
the following:
TITLE IX--GENERAL PROVISIONS
Sec. 901. None of funds made available by this Act may be
used to finalize the proposed rule of the Securities and
Exchange Commission titled ``The Enhancement and
Standardization of Climate-Related Disclosures for
Investors'' (March 21, 2022) or to implement or enforce such
a finalized rule.
Amendment No. 131 Offered by Mr. Pfluger of Texas
Page 506, strike lines 6 through 20.
Amendment No. 133 Offered by Mr. Rose of Tennessee
At the end of division D (before the short title), insert
the following:
TITLE IX--GENERAL PROVISIONS
Sec. 901. None of the amounts made available by this Act
may be used to implement or enforce the provisions of the
rule titled ``The Enhancement and Standardization of Climate-
Related Disclosures for Investors'' (March 21, 2022) that
would require registrants to disclose Scope 3 emissions.
Amendment No. 134 Offered by Mr. Roy of Texas
At the end of division D (before the short title), insert
the following:
[[Page H6848]]
TITLE IX--ADDITIONAL PROVISION
Sec. 901. None of the funds made available by this Act may
be used for the implementation of Executive Order 13985
(relating to Advancing Racial Equity and Support for
Underserved Communities Throughout the Federal Government).
Amendment No. 135 Offered by Mr. Roy of Texas
Page 493, strike lines 9 through page 494 line 5.
amendment no. 143 Offered by Mr. Burgess of Texas
At the end of division E (before the short title) insert
the following:
Sec. __. None of the funds made available by this Act may
be used by the Environmental Protection Agency to hire or pay
the salary of any officer or employee of the Environmental
Protection Agency under subsection (f) or (g) of section 207
of the Public Health Service Act (42 U.S.C. 209) who is not
already receiving pay under either such subsection on the
date of enactment of this Act.
amendment no. 145 Offered by Mr. Duncan of South Carolina
Strike section 439 of division E.
amendment no. 147 Offered by Mr. Gooden of Texas
At the end of division E (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used for environmental justice activities.
amendment no. 148 Offered by Mr. Grothman of Wisconsin
Page 750, line 15, after the dollar amount insert
``(reduced by $57,151,000)''.
Page 751, line 1, after the dollar amount insert ``(reduced
by $57,152,000)''.
amendment no. 149 Offered by Mr. Grothman of Wisconsin
Page 745, line 15, after the dollar amount, insert
``(reduced by $240,950,000)''.
Page 747, line 15, after the dollar amount, insert
``(reduced by $70,203,000)''.
amendment no. 150 Offered by Mr. Grothman of Wisconsin
Page 689, line 9, after the dollar amount, insert
``(reduced by $294,938,000)''.
amendment no. 157 Offered by Mrs. Miller of Illinois
Page 689, beginning line 16, strike the 3rd proviso.
amendment no. 163 Offered by Mr. Pfluger of Texas
At the end of division E (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement or enforce Executive Order 14008
entitled ``Tackling the Climate Crisis at Home and Abroad''
published in the Federal Register on February 1, 2021 (86
Fed. Reg. 7619).
amendment no. 167 Offered by Mr. Roy of Texas
At the end of division E (before the short title), insert
the following:
Sec. 440. None of the funds made available by this Act
under the heading ``Bureau of Ocean Energy Management - Ocean
Energy Management'' shall be available for renewable energy
programs, and the amount otherwise provided under such
heading is hereby reduced by $51,675,000.
amendment no. 168 Offered by Mr. Roy of Texas
At the end of division E (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act
under the heading ``Indian Affairs--Bureau of Indian
Affairs--Operation of Indian Programs'' shall be available
for Bureau of Indian Affairs Tribal climate resilience
programs, and the amount otherwise provided under such
heading is hereby reduced by $59,859,000.
amendment no. 175 Offered by Mr. Budd of North Carolina
At the end of division F (before the short title), insert
the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used to implement or enforce
Executive Order 14019 (86 Federal Register 13623).
The Acting CHAIR. Pursuant to House Resolution 1232, the gentlewoman
from Connecticut (Ms. DeLauro) and the gentlewoman from Texas (Ms.
Granger) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chairman, I reserve the balance of my time.
Ms. GRANGER. Mr. Chairman, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Chair, I have seven amendments in the en bloc, and
I will talk on two issues, in general, that cover, I think, all of the
amendments.
The first thing is an overall concern of spending. It is a lot easier
to break an economy than to fix an economy. And the American Rescue
Plan and the very high-spending infrastructure bill--between them,
spending over $3 trillion--I think is the primary reason for the huge
inflation we are having to deal with today.
Look at these underlying bills--the T-HUD bill, up 12 percent;
financial services--in general government up 17 percent--these programs
have to be held at an even or slight decrease level for years to make
up for the damage that was done with those two big bills.
I am not going to say there wasn't damage done before that. I think a
little bit of the COVID bills that were originally signed by the prior
President were not exactly the most frugal things either, but everybody
knew at the time this was a problem. And my amendments are along the
lines of not destroying programs, not taking out programs altogether,
but going back to the amount that was spent last year, or the amount
that was spent in President Obama's final year.
I sometimes use President Obama's final year to show that I am not
being reckless here, but what I am saying is, there ought to be a
little bit of restraint in the Committee on Appropriations and a little
bit of restraint of the new bills coming out.
A couple of my amendments also address this obsession with hiring
bureaucrats to enforce diversity. America is supposed to be a country
in which we view ourselves as individuals. There are people who, I
think, want to destroy America, and try to set one group against the
other group.
When I look in my district, I know a lot of people who are Hmong. I
recently got to know a lot of people from India. I know people from
Russia. They have had no problem succeeding in America. And they all
tell me the same thing: The easiest place in the world to succeed is
America.
But there are people who try to divide us and set up programs in
which you say, I am not going to succeed because of who I am. I want to
succeed as a group of people determined by where my ancestors were born
three or five or ten generations ago.
{time} 1545
Not only are these programs, first of all, a waste of money. We have
to have some people administer the programs, we have nowhere near
enough people to work in American business as it is.
Secondly, they are designed to train people that what goes on in
Washington is a fight or a contest between ethnic groups--that is a
cancerous way to think. The fact that so many immigrants come here
without even being able to speak English and succeed, wildly show it as
a lie. I am trying to reduce funding or get rid of funding all together
for some of these programs.
Ms. DeLAURO. Mr. Chair, I reserve the balance of my time.
Ms. GRANGER. Mr. Chair, I yield 2 minutes to the gentleman from
Georgia (Mr. Clyde).
Mr. CLYDE. Mr. Chair, I rise in support of my amendment in en bloc
No. 5.
My amendment prohibits funds made available by this act to be used to
promulgate, implement, administer, or enforce President Biden's radical
abortion executive order number 14076.
In this executive order, the Biden administration chose to focus its
attention on protecting the abortion industry at the expense of women
and their unborn children. This is totally unacceptable.
This executive order is also ruled by executive fiat, and my
amendment rightfully defunds it. The executive order is also a great
example of disinformation. The Biden administration tried to create the
Disinformation Governance Board, and it didn't do so well. Now we have
it in an executive order--disinformation.
Let me be very clear. Miscarriage management and the treatment of
ectopic pregnancies are not abortions. The Biden administration's
executive order simply creates fear and confusion by spreading this
misinformation.
Finally, nothing in the Constitution grants the Federal Government
the authority to expand access to abortion. This is a State's rights
issue and must be resolved at the State level.
Mr. Chair, I urge all my colleagues to support this amendment to
defund this Biden executive order promoting abortion.
Ms. DeLAURO. Mr. Chair, I reserve the balance of my time.
Ms. GRANGER. Mr. Chair, I yield 2 minutes to the gentleman from
Virginia (Mr. Good).
Mr. GOOD of Virginia. Mr. Chair, I offered two amendments to this
appropriations package that would save a total of $86 million in
taxpayer dollars.
[[Page H6849]]
One amendment strikes funding to buy electric vehicles for the
Federal fleet, and the other removes woke Federal funding to make
public housing ``climate resilient''--whatever the heck that is.
The American people cannot afford Biden's climate agenda. They also
don't want it, as I am confident they will demonstrate 112 days from
today.
Americans are suffering from 9 percent inflation, the highest in 40
years. Call it the Biden price hike, if you will, with an average
national gas price of nearly $5 per gallon.
Yet, this Democratic majority wants to make the American people pay
for unelected bureaucrats to drive around in expensive electric
vehicles and make them fund climate welfare programs.
Washington is pumping $91 billion in funding toward a ridiculous
transportation and housing bill. This is an increase of 12 percent year
over year.
Voting for an absurd spending increase is simply a vote for more
inflation and economic pain for all Americans.
Mr. Chair, I urge my colleagues to support my amendment, vote to
eliminate wasteful spending, and oppose the underlying bill.
Ms. DeLAURO. Mr. Chair, I reserve the balance of my time.
Ms. GRANGER. Mr. Chair, I yield back the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield myself such time as I may consume in
closing.
Mr. Chair, while I have offered this en bloc amendment for
legislative efficiency, I strongly oppose it.
The en bloc amendment makes severe, harmful changes to the bills that
are under consideration. Included in the en bloc amendments there is a
limitation on the Environmental Protection Agency to be able to hire
new employees and detrimental efforts to the environment; it limits
access to voting; and, in particular, infringes on a woman's access to
healthcare. These amendments do not move our country forward, they
really are harmful to all Americans.
Mr. Chair, I urge all Members to oppose this amendment, and I yield
back the balance of my time.
The Acting CHAIR (Mr. Krishnamoorthi). The question is on the
amendments en bloc offered by the gentlewoman from Connecticut (Ms.
DeLauro).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. GRANGER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments en bloc offered by the gentlewoman from
Connecticut will be postponed.
Amendments En Bloc No. 6 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Chair, pursuant to House Resolution 1232, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 6 consisting of amendment Nos. 98, 99, 101,
102, 108, 114, 119, 121, 124, 126, 127, 129, 130, 132, 138, 140, 144,
146, 154, 162, 165, 166, 169, 170, 171, 173, 176, 177, 178, and 185
printed in part A of House Report 117-420, offered by Ms. DeLauro of
Connecticut:
Amendment No. 98 Offered by Mr. Auchincloss of Massachusetts
Page 427, line 24, after the dollar amount, insert
``(increase by $1,000,000)(reduced by $1,000,000)''.
Amendment No. 99 Offered by Mrs. Beatty of Ohio
Page 419, line 19, after the dollar amount, insert
``(reduced by $20)''.
Page 419, line 19, after the dollar amount, insert
``(increased by $20)''.
Amendment No. 101 Offered by Ms. Omar of Minnesota
Page 419, line 19, after the dollar amount, insert
``(reduced by $500,000)(increased by $500,000)''.
Amendment No. 102 Offered by Ms. Castor of Florida
Page 498, line 3, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 499, line 13, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 500, line 23, after the dollar amount, insert
``(reduced by $20,000,000)''.
Amendment No. 108 Offered by Ms. Escobar of Texas
Page 427, line 24, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 428, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 428, line 20, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 497, line 4, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 500, line 23, after the dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 114 Offered by Mr. Gottheimer of New Jersey
Page 419, line 19, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 497, line 4, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 500, line 23, after the dollar amount, insert
``(reduced by $1,000,000)''.
Amendment No. 119 Offered by Ms. Houlahan of Pennsylvania
Page 525, line 10, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 121 Offered by Ms. Jayapal of Washington
Page 520, line 12, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 520, line 12, after the dollar amount, insert
``(increased by $4,000,000)''.
Amendment No. 124 Offered by Mr. Levin of Michigan
Page 488, line 10, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 126 Offered by Mr. Morelle of New York
Page 494, line 20, after the dollar amount, insert
``(reduced by $5,000,000)(increased by $5,000,000)''.
Amendment No. 127 Offered by Ms. Morelle of New York
Page 500, line 23, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 129 Offered by Ms. Omar of Minnesota
Page 419, line 19, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 130 Offered by Ms. Omar of Minnesota
Page 425, line 19, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 132 offered by mr. quigley of illinois
Add at the end of title VII of division D the following:
Sec. 7__. None of the funds appropriated by this Act may
be used in contravention of Executive Order 14076 (87 Fed.
Reg 42053; relating to protecting access to reproductive
healthcare services).
Amendment No. 138 Offered by Ms. Waters of California
Page 427, line 24, after the dollar amount, insert
``(reduced by $336,420,000) (increased by $336,420,000)''.
Amendment No. 140 Offered by Mr. Auchincloss of Massachusetts
Page 688, line 15, after the dollar amount, insert
``(reduced by $2,000,000)(increased by $2,000,000)''.
Amendment No. 144 Offered by Ms. Castor of Florida
Page 689, line 9, after the dollar amount, insert
``(reduced by $80,000,000)(increased by $80,000,000)''.
Amendment No. 146 Offered by Ms. Escobar of Texas
Page 616, line 13, after the dollar amount, insert
``(increased by $74,362,000) (reduced by $74,362,000)''.
Amendment No. 154 Offered by Ms. Jackson Lee of Texas
Page 689, line 9, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 162 Offered by Ms. Omar of Minnesota
Page 608, line 17, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 165 Offered by Miss Rice of New York
Page 628, line 13, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 628, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 629, line 3, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 647, line 22, after the dollar amount, insert
``(reduced by $1,000,000)''.
Amendment No. 166 Offered by Ms. Ross of North Carolina
At the end of division E (before the short title) insert
the following:
Sec. __. None of the funds made available by this division
may be used to enforce the Presidential Memorandum entitled
``Memorandum on the Withdrawal of Certain Areas of the United
States Outer Continental Shelf from Leasing Disposition''
(issued September 8, 2020) or the Presidential Memorandum
entitled ``Presidential Determination on the Withdrawal of
Certain Areas of the United States Outer Continental Shelf
from Leasing Disposition'' (issued September 25, 2020), with
respect to leasing activities pursuant to section 8(p)(1)(C)
of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)) relating to the Mid Atlantic, South Atlantic,
and Straits of Florida Planning Areas.
Amendment No. 169 Offered by Mr. David Scott of Georgia
Page 692, line 16, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 170 Offered by Ms. Sherrill of New Jersey
Page 689, line 9, after the dollar amount, insert
``(reduced by $15,000,000) (increased by $15,000,000)''.
[[Page H6850]]
Amendment No. 171 Offered by Ms. Tlaib of Michigan
Page 692, line 18, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 173 Offered by Mr. Auchincloss of Massachusetts
Page 825, line 3, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 825, line 3, after the first dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 176 Offered by Ms. Escobar of Texas
Page 785, line 14, after the dollar amount, insert
``(increased by $997,425,000)(reduced by $997,425,000)''.
Amendment No. 177 Offered by Ms. Escobar of Texas
Page 826, line 23, after the first dollar amount, insert
``(increased by $550,000,000) (reduced by $550,000,000)''.
Amendment No. 178 Offered by Ms. Escobar of Texas
Page 816, line 20, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 185 Offered by Ms. Norton of the District of Columbia
Page 816, line 20, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 1232, the gentlewoman
from Connecticut (Ms. DeLauro) and the gentlewoman from Texas (Ms.
Granger) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chair, I yield myself 45 seconds. The en bloc
includes a number of proposals offered by my Democratic colleagues. It
reflects our shared values of investing in the American people to
create good-paying jobs, to grow opportunity, and provide a lifeline to
the vulnerable.
Mr. Chair, I urge my colleagues to support the important proposals
contained in this amendment, and I reserve the balance of my time.
Ms. GRANGER. Mr. Chairman, I yield 10 minutes to the gentleman from
Tennessee (Mr. Rose).
Mr. ROSE. Mr. Chair, I would urge my colleagues to support my
amendment, amendment No. 133 of division D, a part of en bloc No. 5.
This amendment would prohibit the SEC from implementing provisions of
its proposal entitled Enhancement and Standardization of Climate-
Related Disclosures for Investors that mandate disclosure of Scope 3
emissions.
Scope 3 emissions include emissions from activities in an
organization's supply chain. Public companies have no ownership--and
little to no control--of these emissions.
Recently, I led a bipartisan letter with 118 Members of Congress
expressing concern about the proposed rule's impact on farmers.
Mr. Chair, I include in the Record the letter.
Congress of the United States,
House of Representatives,
Washington, DC, May 25, 2022.
Hon. Gary Gensler,
Chair, Securities and Exchange Commission,
Washington, DC.
Dear Chair Gensler: We write to express significant
concerns with the impact the Securities and Exchange
Commission's (SEC) proposed rule on ``Enhanced and
Standardization of Climate-Related Disclosures for
Investors'' will have on the agricultural community.
It is our strong belief that this proposed rule, if
promulgated, would be a significant and unworkable regulatory
burden, and a considerable departure from the SEC's mission
to protect investors, facilitate capital formation, and
foster fair, orderly, and efficient markets. It is not within
the purview of the SEC to regulate farmers and ranchers,
which is what this rule would do by requiring public
companies to disclose their Scope 3 greenhouse gas (GHG)
emissions. To do business with public companies, small farms
would be required to disclose a significant amount of
climate-related information. But unlike large corporations,
small farms do not have full-scale compliance departments.
Imposing these additional reporting requirements could
disqualify small, family-owned farms from doing business with
companies which could lead to more consolidation in the
agriculture industry.
Farmers are already regulated by agencies at the local,
state, and federal levels. There are currently multiple
programs at the federal level to help farmers implement
conservation practices. Bureaucrats in Washington, D.C.--
specifically unelected SEC staff--who have no jurisdiction
over environmental policy and who have never stepped foot on
a farm should not have such influence over how farmers take
care of their land.
We also have concerns about the specific information from
each farm that would have to be reported under this proposal.
The time and energy put into complying with this new
regulation will divert American farmers away from their
primary goal of producing our nation's food, fuel, and fiber.
As this rule is written, it is also unclear how farmers will
be protected from privacy concerns as they, unlike
corporations, live at their places of business where they
would now have to disclose significant amounts of
information. In American Farm Bureau Federation v. EPA, the
8th U.S. Circuit Court for Appeals affirmed that public
disclosure of farmers' personal information would constitute
a ``substantial'' and ``clearly unwarranted invasion of
personal privacy.'' Similarly, the SEC should consider how
the disclosure of Scope 3 GHG emissions could have privacy
implications for farmers and scrap this rule entirely to
ensure their private property information would not end up on
any public disclosures.
Finally, we are concerned that the comment period, although
recently extended until June, is inadequate given the
magnitude of this proposed rule, which totals 510 pages and
has 1,068 technical footnotes. The Commission's use of
abbreviated comment periods for complex rules like this as
well as the lack of consistency across rulemakings is
troubling, as it will result in less, much-needed input from
the public on these important issues.
We appreciate your attention to our concerns and request a
response no later than June 24, 2022.
Sincerely,
John Rose, Member of Congress; Scott DesJarlais, M.D.,
Member of Congress; David Kustoff, Member of Congress;
French Hill, Member of Congress; Glenn ``GT'' Thompson,
Member of Congress; Mark E. Green, MD, Member of
Congress; Elaine G. Luria, Member of Congress; Virginia
Foxx, Member of Congress; Ron Estes, Member of
Congress; Mariannette Miller-Meeks, M.D., Member of
Congress; Mo Brooks, Member of Congress; Barry Moore,
Member of Congress; Ben Cline, Member of Congress;
Thomas Massie, Member of Congress; Jerry L. Carl,
Member of Congress; Ted Budd, Member of Congress; Andy
Biggs, Member of Congress; Mary E. Miller, Member of
Congress.
Mike Carey, Member of Congress; Pete Sessions, Member of
Congress; Lance Gooden, Member of Congress; Tracey
Mann, Member of Congress; Jodey C. Arrington, Member of
Congress; William R. Timmons IV, Member of Congress;
Chris Jacobs, Member of Congress; Mike Rogers, Member
of Congress; Kelly Armstrong, Member of Congress; Doug
LaMalfa, Member of Congress.
David Rouzer, Member of Congress; Alex X. Mooney, Member
of Congress; Troy Balderson, Member of Congress; Paul
A. Gosar, D.D.S., Member of Congress; Beth Van Duyne,
Member of Congress; Ken Buck, Member of Congress;
Steven M. Palazzo, Member of Congress; Austin Scott,
Member of Congress; Louie Gohmert, Member of Congress;
Dan Bishop, Member of Congress.
Chip Roy, Member of Congress; Dan Crenshaw, Member of
Congress; Rodney Davis, Member of Congress; Michael
Guest, Member of Congress; Gary J. Palmer, Member of
Congress; John Katko, Member of Congress; Rick W.
Allen, Member of Congress; Richard Hudson, Member of
Congress; Trent Kelly, Member of Congress; Kevin Brady,
Member of Congress.
Yvette Herrell, Member of Congress; Jake Ellzey, Member
of Congress; Michelle Fischbach, Member of Congress;
Jackie Walorski, Member of Congress; Brett Guthrie,
Member of Congress; Robert J. Wittman, Member of
Congress; Bill Posey, Member of Congress; Michael
Cloud, Member of Congress; Eric A. ``Rick'' Crawford,
Member of Congress; Markwayne Mullin, Member of
Congress.
Debbie Lesko, Member of Congress; James Comer, Member of
Congress; Charles J. ``Chuck'' Fleischmann, Member of
Congress; Ann Wagner, Member of Congress; Harold
Rogers, Member of Congress; Russ Fulcher, Member of
Congress; A. Drew Ferguson IV, Member of Congress; Jay
Obernolte, Member of Congress; Mike Johnson, Member of
Congress; Adrian Smith, Member of Congress.
Stephanie Bice, Member of Congress; Matthew Rosendale,
Sr., Member of Congress; Daniel Meuser, Member of
Congress; Lisa C. McClain, Member of Congress; Julia
Letlow, Member of Congress; Dusty Johnson, Member of
Congress; Greg Pence, Member of Congress; Darin LaHood,
Member of Congress; Jake LaTurner, Member of Congress;
Vicky Hartzler, Member of Congress.
Sam Graves, Member of Congress; Guy Reschenthaler, Member
of Congress; Tim Walberg, Member of Congress; Tim
Burchett, Member of Congress; James R. Baird, Member of
Congress, Ranking Member, Research and Technology; Neal
P. Dunn, Member of Congress; Mark E. Amodei, Member of
Congress; Clay Higgins, Member of Congress; Pete
Stauber, Member of Congress; Andrew S. Clyde, Member of
Congress.
[[Page H6851]]
Ashley Hinson, Member of Congress; Andy Barr, Member of
Congress, Blaine Luetkemeyer, Member of Congress; Ralph
Norman, Member of Congress; Mike Bost, Member of
Congress; Anthony Gonzalez, Member of Congress; Diana
Harshbarger, Member of Congress; Randy Feenstra, Member
of Congress; Jack Bergman, Member of Congress; Gregory
F. Murphy, M.D., Member of Congress.
Warren Davidson, Member of Congress; John R. Moolenaar,
Member of Congress; Jim Jordan, Member of Congress;
Roger Williams, Member of Congress; Jim Banks, Member
of Congress; Troy E. Nehls, Member of Congress; Robert
B. Aderholt, Member of Congress; Brad R. Wenstrup,
D.P.M., Member of Congress; Brian Babin, D.D.S., Member
of Congress; Elissa Slotkin, Member of Congress.
Bill Huizenga, Member of Congress; David G. Valadao,
Member of Congress; Lee Zeldin, Member of Congress;
Bruce Westerman, Member of Congress; Steve Womack,
Member of Congress; Bryan Steil, Member of Congress;
Earl L. ``Buddy'' Carter, Member of Congress; Tom
McClincock, Member of Congress; David P. Joyce, Member
of Congress; W. Gregory Steube, Member of Congress.
Mr. ROSE. Mr. Chair, the proposal would drive capital away from
smaller suppliers that may not have the resources to measure their
greenhouse gas emissions. SEC Chair Gensler points to significant
investor demand for requiring this type of information, but the demand
is coming from large asset managers and climate activists, not retail
investors.
Mr. Chair, I urge my colleagues to support my amendment.
Ms. DeLAURO. Mr. Chair, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), the majority leader.
Mr. HOYER. Mr. Chair, this is a bill that has to pass if we are going
to keep the government operating. The chair of this committee has
worked very hard to get that done, and she has been successful, as
chair, of moving most of our bills through this House.
The Senate has not yet moved any of its bills, as it did not last
year. This is an important, critical part of our process to fund
government and keep it operating and invest in the priorities of the
American people. That is what we are doing today in these appropriation
bills.
Mr. Chair, I thank Chairwoman Rosa DeLauro and members of the staff
of the Appropriations Committee for their hard work on this package.
Once again, our majority is passing appropriation bills in a timely
manner. Sadly, as I said, the Senate has yet to bring any appropriation
bills to the Senate floor.
Today's package funds about a quarter of the total expected
discretionary funding for next year. It reflects the budget request
from the Biden administration, and in some cases funds programs at
levels we have determined should be increased.
It also includes Community Project Funding for investments in our
communities that will help improve public safety, encourage economic
growth, and fight poverty.
Bringing back Community Project Funding was an essential tool in
helping to restore Congress' power of the purse. I add that it was done
in a bipartisan way, and it was done--thanks to the chair--in a very
transparent way. We wanted to make sure that more funding decisions are
being made by the Members who know their districts best.
There is much to celebrate in this package, which is why I rise in
support of this package. Many important and worthwhile investments in
the American people, in our communities, in economic opportunity, and
in so many areas--I am not going to go into all of them, they will be
discussed.
I do want to highlight just a few of the important victories in this
bill, particularly for the constituents and communities I represent in
Maryland's Fifth District.
First, Mr. Chairman, this bill moves us a major step closer to
realizing a new, badly needed, consolidated FBI Headquarters, a
critical national security project that many of us have worked on for
more than a decade.
In fact, I started working on this in 2009 when the director of the
FBI said: This building is very out of date, does not accommodate the
work that we need to do, and we must have a new building--and requested
that there be a campus-like setting where all of the FBI could be
consolidated from the almost 20 different locations that they were
located in in the city.
This legislation will ensure that we can build a fully consolidated
FBI Headquarters that meets the needs of the Bureau with a substantial
payment of $500 million toward that project. It limits the GSA to
committing any of those funds only to one of the two sites in Maryland
and one in Virginia. The GSA just recently adjudged all three of those
sites to be eligible sites.
This project, first requested, as I said, by the FBI in 2009, is now
ready for final site selection. This building, which had been delayed
at a cost of giving the Bureau the tools and facilities necessary to
fulfill its missions, can now be advanced in the timeframe I have
understood from the administration, which is before the end of the
fiscal year.
{time} 1600
In May of last year, the four Senators from Maryland and Virginia
wrote to President Biden and urged his administration to move forward
expeditiously. That was some 15 months ago. It is long past
expeditiously, and I look forward to seeing this project realized.
Mr. Chair, I thank the chair and the chair of the subcommittee, Mr.
Quigley, for his help on this effort. It is an important one for our
country.
Furthermore, this package would provide civilian Federal employees
with a 4.6% cost-of-living adjustment--at parity with the raise being
provided to military personnel--and makes DREAMERS eligible to serve as
Federal employees.
It increases the V.A. Health Care System's budget by nearly $22
billion over last year, which will help provide high-quality care to
7.3 million veterans in our country.
And it provides the Army Corps of Engineers with $3.5 million to
further oyster recovery in the Chesapeake Bay.
In addition to these priorities for Maryland's Fifth District, there
are other critical investments for which I have advocated for a long
time.
These include $400 million in Election Security Grants through the
Election Assistance Commission, which was created under my Help America
Vote Act Legislation in 2002.
It also funds a program I've championed to encourage college students
to become nonpartisan poll workers in their communities.
I was also glad to see the inclusion of $100 million for the
Technology Modernization Fund, which was launched under bipartisan
legislation I led with Leader McCarthy.
This will help agencies upgrade technology systems so that they can
serve americans more efficiently and securely.
Additionally, this package makes a strong investment in combatting
hunger by providing W.I.C. funds to serve more than 6 million people
and $28.6 billion toward child-nutrition programs.
It will also ensure that S.N.A.P. does not run out of money in 2023
and can continue helping those with the lowest incomes put food on the
table.
Mr. Chair, this is a very solid and robust funding package, and it
is--as I said--a first step in our effort to continue funding
government and delivering the priorities of the american people on
time.
I urge the Senate to match our pace in the appropriations process so
that we can continue governing responsibly `for the people.'
Ms. GRANGER. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise in strong opposition to this en bloc package of
amendments. These 29 amendments include excess funding and policies
that expand the scope and reach of the Federal Government. They do this
while also limiting our country's energy options and allowing funding
for President Biden's executive order on abortion.
Again, Mr. Chair, I urge a ``no'' vote on this en bloc package, and I
reserve the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentleman from
Illinois (Mr. Quigley), who is the chairman of the Financial Services
and General Government Subcommittee.
Mr. QUIGLEY. Mr. Chair, last month, as the Appropriations Committee
considered the FSGG funding bill, the Supreme Court took the
unprecedented step of stripping American women of a constitutional
right to decide their own reproductive destiny. Extremist Justices,
inventing flimsy arguments against a right that Americans have enjoyed
for nearly 50 years, opened the door for radical legislators to ban
abortion.
This is a crisis, and a crisis means all hands are on deck. With my
friends,
[[Page H6852]]
Representatives Lee, DeGette, and Frankel, I am offering an amendment
to ensure that the FSGG bill is in the fight. This amendment prohibits
any Federal funds from my bill from being used in contravention to
President Biden's executive order on protecting access to reproductive
healthcare.
This is not just about the executive order itself. It is about the
policies and recommendations that will result from it. The interagency
policymaking effort to address barriers to abortion access must include
FSGG jurisdiction, and Federal agencies must all work to swiftly and
fully implement solutions to these barriers.
In addition, FSGG has jurisdiction over the District of Columbia.
Anti-abortion extremists go so far as to try to tell D.C. taxpayers
that they cannot make their own decisions about whether to support
access to reproductive care. I am here to say that D.C. citizens
shouldn't be bullied by extremists pushing an ideological agenda. The
Federal Government's place must only be to improve access to care in
D.C., never to tell the citizens of our Nation's Capital that members
of a body to which they are not even permitted to send a voting
representative say that they can't look after their own reproductive
destinies.
President Biden called for a whole-of-government effort to safeguard
abortion access. As the branch of government charged with the purse
strings of the United States, it is our duty to join that effort.
Mr. Chair, I urge my colleagues to support this amendment.
Ms. GRANGER. Mr. Chair, I yield back the balance of my time.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Auchincloss).
Mr. AUCHINCLOSS. Mr. Chair, I rise today in support of the en bloc
package, which includes my amendment to increase funding for the
Department of Veterans Affairs' electronic records system.
One of the most insistent casework requests I receive is from
veterans who are unable to receive care due to the Department's records
request backlog. I have raised with the Department individual cases,
and I have also been working with local veterans service organizations
to advocate on behalf of their members. Yet, it still takes anywhere
from 6 to 8 months to get anything back from the archives. That is not
acceptable.
Digitizing veterans' records will expedite their requests and improve
their experience.
I know first-hand what veterans experience while on Active Duty. It
is our responsibility to ensure that they have access to the high-
quality care and services promised to them when they swore an oath to
protect and serve our country.
Mr. Chair, I urge support for my amendment.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chair, I thank the gentlewoman for her
leadership, and the ranking member, as well.
Let me say that America is going to get not a payday but an
investment.
Unlike how my colleagues like to characterize the hard work of the
appropriators and our chairwoman, this is about good-paying jobs, $90
billion in transportation.
This is about tackling hunger and agriculture, some $27 million.
This is about helping Houston with its horrible and yearly
confrontation with flooding.
Yes, this is about the issues of Energy. As well, with Financial
Services, this is about helping our consumers. Of course, in Interior,
I want to say that this is about helping the work that I am doing on
the Emancipation Trail.
I am delighted that I also rise to support all the en blocs. I have
amendments in all of them. Particularly, I want to emphasize the work
that is being done through my amendments on oversight over the General
Land Office that has tackled Houston, Harris County, and the region
after Hurricane Harvey like they are at odds. Our Federal money, $4
billion, was supposed to go to Harris County and Houston. Houston
ultimately got zero amount at a certain stage, and they only gave
Harris County $800,000 when we are suffering with loss of housing and
with major flooding.
My amendment will talk about major oversight over the GLO and their
treatment of local jurisdictions. This plays across America when States
get money, and they don't believe that it should go to the local
communities.
Let me also indicate I am glad that my human trafficking victims bill
is in. That provides for SNAP resources and to clarify that if you are
educating a human trafficking victim that is not documented, you can
clarify for them without looking like you are recruiting or selling
SNAP to let them know that they are eligible for it, which is extremely
important.
Also, I-45, the President of the United States issued an equity
policy that whenever you do major infrastructure projects, you should
look at how it impacts historic neighborhoods and how it impacts the
minority neighborhoods and urban neighborhoods. I-45, a major Federal
project, has not even perceived that to be important. My amendment
indicates that that should be the case.
The Acting CHAIR. The time of the gentlewoman has expired.
Ms. DeLAURO. Mr. Chair, I yield the gentlewoman from Texas an
additional 1 minute.
Ms. JACKSON LEE. Mr. Chair, I thank the gentlewoman for her
graciousness.
That is an ongoing issue that we have in our community, where the
communities are not taken into consideration when the houses are
leveled and when the flooding is increased by an infrastructure project
that we now have a title VI proceeding under that is funded by Federal
dollars.
Let me also express my appreciation for amendments dealing with the
Federal Railroad Administration. Everyone that knows it has trains. We
know that it provides part of the supply chain. But in our communities,
there are the crossings, there are the sounds, and there are the horns.
All we want to do is work harmoniously in the oversight over the
Federal Railroad Administration to deal with safety and operations in
our communities. That is particularly important.
I also want to express appreciation for the work my amendments will
do and that they have been accepted dealing with the issue of historic
preservation, which will include places like Freedmen's Town,
Independence Heights, and, of course, the historic Third Ward where
Emancipation Park is.
Again, the underlying bill is a bill that will invest in America. I
support this legislation and the good work of the Appropriations
Committee.
Mr. Chair, I ask everyone to support that and the amendments included
in the en bloc.
Mr. Chair, I rise to speak in a strong support of H.R. 8294, the
Transportation, Housing and Urban Development, Agriculture, Rural
Development, Energy and Water Development, Financial Services and
General Government, Interior, Environment, Military Construction, and
Veterans Affairs Appropriations Act.
H.R. 8294 makes key investments in rebuilding our nation's
infrastructure, expanding research innovation, combating climate
change, and honoring the sacrifice and commitment of our nation's
veterans.
The diligent work that produced this comprehensive legislation will
make a very positive impact on so many sectors and activities
throughout American society.
Mr. Chair, I also want to voice my strong support for En Bloc
Amendments No. 2, 3, 6, and 7, which incorporates Jackson Lee
Amendments.
I thank the Rules Committee and Chairman McGovern for making these
amendments in order and the Appropriations Committee and Chairwoman
DeLauro for including it in this En Bloc Amendment.
The Jackson Lee amendments are in the following Divisions of the
bill:
Division A--Transportation, Housing and Urban Development
Division B--Agriculture
Division E--Interior and the Environment
en bloc #2
Jackson Lee Amendment #46 supports the work of the National Institute
of Food and Agriculture (NIFA) by making a $2,000,000 increase in
funding to that office for the purpose of supporting agriculture
research programs particularly at 1890s Institutions, which are land
grant colleges at 28 Historically Black Colleges and Universities
(HBCUs), as well as Hispanic-serving institutions, and other
educational institutions that benefit underrepresented communities.
This amendment promotes NIFA's work with agricultural experiment
stations, cooperative forestry, and other innovations to improve our
nation's food production through agricultural
[[Page H6853]]
research, economic analysis, extension, and higher education.
The NIFA was created at the time of the industrial revolution to
ensure that the nation would have a sufficient number of working farms
to provide a reliable supply of domestically produced food.
One of ways NIFA achieves its mission is by providing research grants
to education institutions, which include 1890s institutions created by
the Morrill Act of 1890.
Today, land-grant colleges and universities can be found in 18
states, the District of Columbia and the U.S. Virgin Islands. The list
includes:
Alabama A&M University
Alcorn State University
Delaware State University
Florida A&M University
Fort Valley State University
Kentucky State University
Langston University
Lincoln University
North Carolina A&T State University
Prairie View A&M University in Texas
South Carolina State University
Southern University System
Tennessee State University
Tuskegee University
University of Arkansas Pine Bluff
University of Maryland Eastern Shore
University of the District of Columbia*
University of the Virgin Islands
Virginia State University
West Virginia State University
HBCUs annually enroll 40% of all African American students in 4-year
colleges and universities. HBCUs are prominent among research
institutions in fields such as:
animal sciences
sustainable agriculture and agriculture economics
toxicology and waste management
conservation and environmental management
business and industrial development
biomedical science
In particular, Jackson Lee Amendment #68 is necessary to make clear
that providing victims of trafficking access to information about their
eligibility to receive SNAP benefits does not constitute the type of
SNAP recruitment activities or ``advertising'' of the SNAP program
prohibited by the bill and by Section 4018 of the Agriculture Act of
2014 (Public Law No: 113-079).
Trafficking in humans, and especially domestic child trafficking, has
no place in a civilized society. Those who engage in this illicit trade
should be prosecuted to the fullest extent of the law. This House made
that clear again in 2021 when it passed H.R. 3530, the Justice for
Victims of Trafficking Act, which contained my Sense of the Congress
amendment added during the Judiciary Committee markup.
That means we need to ensure that state and local law enforcement
agencies have the tools, resources, and training necessary to identify,
apprehend, and prosecute criminals who ruthless traffic in children and
young persons.
And one of the most effective resources in bringing criminals to
justice is the cooperation and assistance of their victims.
Perpetrators of crime know that they are more likely to evade
detection and punishment when their victims refuse to assist or
cooperate with law enforcement. That is why they make it a point to
instill fear in their victims--for their own safety or that of family
and loved ones.
en bloc #3
Jackson Lee Amendment #19 increases and decreases HUD's Office of
Inspector General account by $1,000,000 with the intent to support the
OIG's oversight of the Texas General Land Office to track the
accounting of Emergency Supplemental Disaster Appropriations for
Hurricane Harvey Mitigation and Recovery that Congress approved for the
2017 disaster.
food and nutrition
plant and social sciences
international development
Agricultural research programs at HCBUs assist people living in
densely populated areas to learn ways to eliminate food deserts,
increase public education about farming, bolster appreciation for our
nation's farmers, and provide new avenues to careers for those
graduating with degrees in agriculture who seek to enter cutting-edge
agricultural research.
This amendment promotes NIFA's work with agricultural experiment
stations, cooperative forestry, and other innovations to improve our
nation's food production through agricultural research, economic
analysis, extension, and higher education.
The funds provided by the Jackson Lee amendment would support
research and education for helping urban and suburban communities
maximize their green space by turning it into productive farming
resources to support access to affordable foods.
Jackson Lee Amendment #47 provides a straightforward, important
contribution to the bill for a goal shared by every Member of this
body: ending the scourge of human trafficking. This amendment provides
that:
None of the funds made available by this Act for ``DOMESTIC FOOD
PROGRAMS--Food & Nutrition Service--Supplemental Nutrition Assistance
Program'' may be used in contravention of section 107(b) of Division A
of the Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7105(b)).
The effect of this amendment will be to make clear that nothing in
this bill restricts the authority of the Secretary of Agriculture or
any federal agency head from providing assistance and benefits to
victims of trafficking under current law as authorized by 22 U.S.C.
Sec. 7105(b) of the Victims of Trafficking and Violence Protection Act
of 2000 (114 Stat. 1464, Pub. Law 106-386).
Jackson Lee Amendment #20 provides an increase of $1,000,000 in
assistance to address challenges faced by historically disadvantaged
communities and areas impacted by persistent poverty not included in
decision making when major highway construction threatens their homes,
businesses, and culturally significant structures.
Jackson Lee Amendment #21 increases and decreases by $1,000,000 the
Community Development Fund and the Community Development Block Grant
program to address the fairness in the use of Community Development
Block Grant Disaster funding to repair or replace single family homes
damaged during Hurricane Harvey to ensure that multi-generational homes
can house families at documented pre-disaster capacity.
Jackson Lee Amendment #22 increases and decreases by $1,000,000 the
Federal Rail Administration Safety and Operation's account to emphasize
the need to provide dedicated funding to address community engagement
on safety issues related to railroad crossings in urban areas.
Jackson Lee Amendment #23 prohibits the Department of Transportation
from using funds for Section 106 Transportation construction projects
in urban areas that have not been determined to meet the statutory and
fiduciary obligations of the National Historic Preservation Act (54 USC
306108).
en bloc #6
Jackson Lee Amendment #57 increases and decreases funding for
Environmental Programs and Management by $5 million to highlight the
need to support culturally competent federal, state, and local public
health and environmental protection efforts to address cancer clusters
impacting overburdened communities in the gulf coast region.
en bloc #7
Jackson Lee Amendment #56 increases and decreases funds for the
Historic Preservation Fund by $3,000,000 with the intent of enhancing
activities for the preservation, restoration, and maintenance of
nationally significant sites, artifacts, and structures through
competitive grants at the local, state, and federal levels focusing on
projects involving HBCUs, sites and stories linked to the Civil Rights
movement, landmarks associated with communities that are historically
underrepresented, and sites related to the histories of Indigenous
peoples.
The Historic Preservation Fund is vital in working to preserve
nationally significant sites, structures, and artifacts. We want the
environment to be safe, but we want the historic environment to be
preserved for those who are a valuable part of the historical story of
America.
It is crucial to the Freedmen's Town community in Houston, but it is
also crucial to the Tulsa story in Oklahoma, the story of Chicago,
Savannah, New York, and many other States where we have systematically
ignored the historic preservation of our Nation. Who will tell our
children the story? I am fighting in Houston. Others are fighting
elsewhere. This amendment is to create the historical record, the
legislative record that we are committed to.
I urge all Members to vote in support of En Bloc #2, 3, 6, and 7, and
the Jackson Lee Amendments.
Ms. DeLAURO. Mr. Chair, I yield back the balance of my time.
Mr. CARSON. Mr. Chair, I rise today in support of my amendment, co-
authored with Congresswoman Omar, in support of financial literacy
education. The amendment increases and decreases the Treasury Salaries
and Expenses account by $500,000. This is to encourage Treasury to work
with the Consumer Financial Protection Bureau to study the best models
for financial literacy programming and assist schools, nonprofits, and
localities in developing their own financial literacy programs for
young people and families.
If the pandemic has shown us anything it is that our financial well-
being is important in times of crisis. Therefore, I believe it is
important to promote and establish financial literacy skills for
students across our nation to establish habits that will last a
lifetime. Studies have shown that 88 percent of Americans believe
finance education should be taught in schools and 92 percent of K-12
teachers believe that financial education should be taught in school,
but only 12 percent of teachers actually teach
[[Page H6854]]
the subject. Yet as of this year only 22.7 percent of U.S. high school
students are guaranteed to receive a personal finance education.
According to the Government Accountability Office, giving Americans
the information they need to make effective financial decisions can be
key to their well-being and to the country's economic health. The
global financial crisis, when many borrowers failed to fully understand
the risks associated with certain financial products and currently, the
economic hardships presented by the sudden disruptions caused by the
spread of COVID-19, underscore the need to improve individuals'
financial literacy and empower all Americans to make informed financial
decisions. This is especially true for young people as they are earning
their first paychecks, securing student aid, and establishing their
financial independence.
I believe America should be leading the world with the best-educated
students who will drive our economic innovation and success.
I urge my colleagues to vote in favor of this amendment.
Mr. LEVIN of Michigan. Mr. Chair, I rise today to urge support for my
amendment to H.R. 8294, the fiscal year 2023 Transportation, Housing
and Urban Development, Agriculture, Rural Development, Energy and Water
Development, Financial Services and General Government, Interior,
Environment, Military Construction, and Veterans Affairs Appropriations
Act, to require funds for the Election Assistance Commission to be used
to pay for the wages of election poll workers. I thank Chairs Rosa
DeLauro and Mike Quigley for their support of this amendment.
We are at a crossroads in our nation. Efforts to undermine our
democracy and perpetuate the Big Lie have made the workplace
incredibility challenging for election workers. Despite these
challenges, election workers continue to ensure that Americans can vote
safely and securely. That is why we must ensure they are adequately
paid for their contributions. Our system of democratic participation
cannot function without them.
Last month, I introduced H.R. 8015, the Enhanced Pay for Election
Workers Act alongside 40 colleagues. The bill creates a new grant
program to provide states with funding to increase election worker
wages. This amendment builds off that proposal to highlight the need
for federal election funds to help pay election poll workers
adequately. Election workers are chronically underpaid, and increased
wages will help improve recruitment and morale. In turn, this will help
all of us by ensuring the smooth administration of elections, which
safeguards our democracy. I urge a yes vote on this amendment.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Connecticut.
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. GRANGER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments en bloc offered by the gentlewoman from
Connecticut will be postponed.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part A of House Report
117-420 on which further proceedings were postponed, in the following
order:
Amendments en bloc No. 1 by Ms. DeLauro of Connecticut.
Amendments en bloc No. 2 by Ms. DeLauro of Connecticut.
Amendments en bloc No. 3 by Ms. DeLauro of Connecticut.
Amendments en bloc No. 4 by Ms. DeLauro of Connecticut.
Amendments en bloc No. 5 by Ms. DeLauro of Connecticut.
Amendments en bloc No. 6 by Ms. DeLauro of Connecticut.
The Chair will reduce to 5 minutes the minimum time for any
electronic vote after the first vote in this series.
Amendments En Bloc No. 1 Offered by Ms. DeLauro of Connecticut
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on amendments en bloc offered by the gentlewoman from
Connecticut (Ms. DeLauro) on which further proceedings were postponed
and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 199,
noes 229, not voting 8, as follows:
[Roll No. 367]
AYES--199
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Conway
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Flood
Flores
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez-Colon
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
Meijer
Meuser
Miller (IL)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Tiffany
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Zeldin
NOES--229
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jacobs (NY)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sessions
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
[[Page H6855]]
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NOT VOTING--8
Burchett
Cawthorn
Hartzler
Kinzinger
Lucas
McKinley
Miller (WV)
Radewagen
{time} 1654
Messrs. GALLEGO, BLUMENAUER, AUCHINCLOSS, Mrs. WATSON COLEMAN, Mr.
KHANNA, Mrs. BUSTOS, Messrs. LYNCH, CLEAVER, Mses. BASS, JACKSON LEE,
Mr. DANNY K. DAVIS of Illinois, Mrs. CHERFILUS-McCORMICK, Ms. McCOLLUM,
Mr. COURTNEY, Mrs. NAPOLITANO, Ms. SPEIER, Mr. NEAL, Ms. BARRAGAN,
Messrs. LARSON of Connecticut, DOGGETT, PETERS, CASTRO of Texas,
HUFFMAN, Ms. LEGER FERNANDEZ, Messrs. KAHELE, BUTTERFIELD, LANGEVIN,
Miss RICE of New York, Mses. SCANLON, SLOTKIN, Messrs. SEAN PATRICK
MALONEY of New York, CICILLINE, Mrs. LEE of Nevada, Mses. SEWELL and
WASSERMAN SCHULTZ changed their vote from ``aye'' to ``no.''
Messrs. BOST, FERGUSON, DUNCAN, McCLINTOCK, CALVERT, ARRINGTON,
MURPHY of North Carolina, NEWHOUSE, DUNN, MULLIN, STEUBE, STAUBER, and
MEIJER changed their vote from ``no'' to ``aye.''
So the en bloc amendments were rejected.
The result of the vote was announced as above recorded.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Barragan (Correa)
Bowman (Neguse)
Boyle, Brendan F. (Beyer)
Brown (MD) (Evans)
Carter (TX) (Weber (TX))
Castro (TX) (Correa)
Connolly (Beyer)
Crist (Wasserman Schultz)
DeFazio (Pallone)
Demings (Kelly (IL))
Escobar (Garcia (TX))
Foster (Spanberger)
Garcia (IL) (Takano)
Gohmert (Weber (TX))
Gosar (Weber (TX))
Grijalva (Correa)
Houlahan (Spanberger)
Kahele (Correa)
Kirkpatrick (Pallone)
Lawson (FL) (Evans)
Leger Fernandez (Correa)
Meng (Kuster)
Mfume (Evans)
Moore (WI) (Beyer)
Newman (Beyer)
Pascrell (Pallone)
Pingree (Kuster)
Porter (Neguse)
Reschenthaler (Keller)
Rice (SC) (Meijer)
Salazar (Waltz)
San Nicolas (Takano)
Sherrill (Pallone)
Sires (Pallone)
Smucker (Keller)
Taylor (McHenry)
Thompson (MS) (Bishop (GA))
Walorski (Fischbach)
Williams (GA) (Neguse)
Wilson (FL) (Evans)
Wilson (SC) (Norman)
Amendments En Bloc No. 2 Offered by Ms. DeLauro of Connecticut
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on amendments en bloc printed in part A of House Report
117-420 offered by the gentlewoman from Connecticut (Ms. DeLauro) on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 336,
noes 90, not voting 10, as follows:
[Roll No. 368]
AYES--336
Adams
Aderholt
Aguilar
Allred
Amodei
Auchincloss
Axne
Bacon
Baird
Balderson
Barragan
Bass
Beatty
Bentz
Bera
Bergman
Beyer
Bice (OK)
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Bourdeaux
Bowman
Boyle, Brendan F.
Brady
Brown (MD)
Brown (OH)
Brownley
Buchanan
Bucshon
Bush
Bustos
Butterfield
Calvert
Cammack
Carbajal
Cardenas
Carson
Carter (GA)
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Cawthorn
Cheney
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Cole
Connolly
Conway
Cooper
Correa
Costa
Courtney
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Curtis
Davids (KS)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Dunn
Ellzey
Emmer
Escobar
Eshoo
Espaillat
Evans
Feenstra
Ferguson
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Fletcher
Flood
Flores
Foster
Frankel, Lois
Gallagher
Gallego
Garamendi
Garbarino
Garcia (IL)
Garcia (TX)
Gibbs
Gimenez
Golden
Gomez
Gonzales, Tony
Gonzalez (OH)
Gonzalez, Vicente
Gonzalez-Colon
Gottheimer
Granger
Graves (LA)
Graves (MO)
Green, Al (TX)
Grijalva
Guthrie
Harder (CA)
Harshbarger
Hayes
Herrera Beutler
Higgins (LA)
Higgins (NY)
Hill
Himes
Hinson
Hollingsworth
Horsford
Houlahan
Hoyer
Hudson
Huffman
Issa
Jackson Lee
Jacobs (CA)
Jacobs (NY)
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Jones
Joyce (OH)
Kahele
Kaptur
Katko
Keating
Keller
Kelly (IL)
Kelly (PA)
Khanna
Kildee
Kilmer
Kim (CA)
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
LaHood
Lamb
Langevin
Larsen (WA)
Larson (CT)
LaTurner
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Letlow
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luetkemeyer
Luria
Lynch
Malinowski
Malliotakis
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McNerney
Meeks
Meijer
Meng
Mfume
Miller-Meeks
Moore (UT)
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Murphy (NC)
Nadler
Napolitano
Neal
Neguse
Newhouse
Newman
Norcross
Norton
O'Halleran
Obernolte
Ocasio-Cortez
Omar
Owens
Palazzo
Pallone
Panetta
Pappas
Pascrell
Payne
Pence
Perlmutter
Peters
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reschenthaler
Rice (NY)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Ross
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, Austin
Scott, David
Sewell
Sherman
Sherrill
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Spanberger
Spartz
Speier
Stansbury
Stanton
Stauber
Steel
Stefanik
Steil
Stevens
Stewart
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiffany
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Turner
Underwood
Upton
Valadao
Van Drew
Vargas
Veasey
Velazquez
Wagner
Walorski
Wasserman Schultz
Waters
Watson Coleman
Welch
Westerman
Wexton
Wild
Williams (GA)
Wilson (FL)
Wilson (SC)
Wittman
Womack
Yarmuth
NOES--90
Allen
Armstrong
Arrington
Babin
Banks
Barr
Biggs
Bishop (NC)
Boebert
Brooks
Buck
Budd
Burgess
Carey
Carl
Carter (TX)
Chabot
Cline
Cloud
Clyde
Comer
Davidson
Donalds
Duncan
Estes
Fallon
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Garcia (CA)
Gohmert
Good (VA)
Gooden (TX)
Gosar
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Harris
Hern
Herrell
Hice (GA)
Huizenga
Jackson
Jordan
Joyce (PA)
Kelly (MS)
Kustoff
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Mace
Mann
Massie
Mast
McClain
McClintock
Miller (IL)
Moolenaar
Moore (AL)
Mullin
Nehls
Norman
Palmer
Perry
Pfluger
Posey
Rice (SC)
Rosendale
Roy
Rutherford
Salazar
Schweikert
Steube
Taylor
Tenney
Timmons
Van Duyne
Walberg
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Williams (TX)
Zeldin
NOT VOTING--10
Burchett
Hartzler
Kinzinger
Lucas
McKinley
Meuser
Miller (WV)
Mooney
Radewagen
Sessions
{time} 1704
Mr. COMER changed his vote from ``aye'' to ``no.''
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Barragan (Correa)
Bowman (Neguse)
Boyle, Brendan F. (Beyer)
Brown (MD) (Evans)
Carter (TX) (Weber (TX))
Castro (TX) (Correa)
Cawthorn (Greene (GA))
Connolly (Beyer)
Crist (Wasserman Schultz)
DeFazio (Pallone)
Demings (Kelly (IL))
Escobar (Garcia (TX))
Foster (Spanberger)
Garcia (IL) (Takano)
Gohmert (Weber (TX))
Gosar (Weber (TX))
Grijalva (Correa)
Houlahan (Spanberger)
Kahele (Correa)
Kirkpatrick (Pallone)
Lawson (FL) (Evans)
Leger Fernandez (Correa)
Meng (Kuster)
Mfume (Evans)
Moore (WI) (Beyer)
Newman (Beyer)
Pascrell (Pallone)
Pingree (Kuster)
Porter (Neguse)
Reschenthaler (Keller)
Rice (SC) (Meijer)
Salazar (Waltz)
San Nicolas (Takano)
Sherrill (Pallone)
Sires (Pallone)
Smucker (Keller)
Taylor (McHenry)
Thompson (MS) (Bishop (GA))
Walorski (Fischbach)
Williams (GA) (Neguse)
Wilson (FL) (Evans)
Wilson (SC) (Norman)
[[Page H6856]]
Amendments En Bloc No. 3 Offered by Ms. DeLauro of Connecticut
The Acting CHAIR (Ms. Wild). The unfinished business is the demand
for a recorded vote on amendments en bloc offered by the gentlewoman
from Connecticut (Ms. DeLauro) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 225,
noes 201, not voting 10, as follows:
[Roll No. 369]
AYES--225
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gonzalez-Colon (PR)
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NOES--201
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Conway
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Flood
Flores
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
Meijer
Meuser
Miller (IL)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Zeldin
NOT VOTING--10
Burchett
Carter (TX)
Gohmert
Gosar
Hartzler
Kinzinger
Lucas
McKinley
Miller (WV)
Radewagen
{time} 1713
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Barragan (Correa)
Bowman (Neguse)
Boyle, Brendan F. (Beyer)
Brown (MD) (Evans)
Castro (TX) (Correa)
Cawthorn (Greene (GA))
Connolly (Beyer)
Crist (Wasserman Schultz)
DeFazio (Pallone)
Demings (Kelly (IL))
Escobar (Garcia (TX))
Foster (Spanberger)
Garcia (IL) (Takano)
Grijalva (Correa)
Houlahan (Spanberger)
Kahele (Correa)
Kirkpatrick (Pallone)
Lawson (FL) (Evans)
Leger Fernandez (Correa)
Meng (Kuster)
Mfume (Evans)
Moore (WI) (Beyer)
Newman (Beyer)
Pascrell (Pallone)
Pingree (Kuster)
Porter (Neguse)
Reschenthaler (Keller)
Rice (SC) (Meijer)
Salazar (Waltz)
San Nicolas (Takano)
Sherrill (Pallone)
Sires (Pallone)
Smucker (Keller)
Taylor (McHenry)
Thompson (MS) (Bishop (GA))
Walorski (Fischbach)
Williams (GA) (Neguse)
Wilson (FL) (Evans)
Wilson (SC) (Norman)
Amendments En Bloc No. 4 Offered by Ms. DeLauro of Connecticut
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on amendments en bloc printed in part A of House Report
117-420 offered by the gentlewoman from Connecticut (Ms. DeLauro) on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 165,
noes 264, not voting 7, as follows:
[Roll No. 370]
AYES--165
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Baird
Banks
Barr
Bentz
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Brady
Brooks
Buchanan
Buck
Budd
Burgess
Calvert
Cammack
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Conway
Crawford
Crenshaw
Curtis
Davidson
DesJarlais
Donalds
Duncan
Dunn
Ellzey
Estes
Fallon
Ferguson
Fischbach
Fitzgerald
Fleischmann
Flood
Flores
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Garcia (CA)
Gibbs
Gohmert
Gonzales, Tony
Gonzalez-Colon (PR)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Jackson
Johnson (LA)
Johnson (SD)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kim (CA)
Kustoff
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Luetkemeyer
Mace
Mann
Massie
McCarthy
McCaul
McClain
McClintock
McHenry
Meijer
Miller (IL)
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
[[Page H6857]]
Nehls
Norman
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sessions
Smith (MO)
Smith (NE)
Smucker
Spartz
Steel
Steube
Stewart
Taylor
Thompson (PA)
Tiffany
Timmons
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
NOES--264
Adams
Aguilar
Allred
Auchincloss
Axne
Bacon
Balderson
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bucshon
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carey
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Emmer
Escobar
Eshoo
Espaillat
Evans
Feenstra
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallagher
Gallego
Garamendi
Garbarino
Garcia (IL)
Garcia (TX)
Gimenez
Golden
Gomez
Gonzalez (OH)
Gonzalez, Vicente
Gottheimer
Graves (MO)
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Issa
Jackson Lee
Jacobs (CA)
Jacobs (NY)
Jayapal
Jeffries
Johnson (GA)
Johnson (OH)
Johnson (TX)
Jones
Joyce (OH)
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
LaHood
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Malliotakis
Maloney, Carolyn B.
Maloney, Sean
Manning
Mast
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Meuser
Mfume
Miller-Meeks
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newhouse
Newman
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reschenthaler
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
Salazar
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Simpson
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stauber
Stefanik
Steil
Stevens
Strickland
Suozzi
Swalwell
Takano
Tenney
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Turner
Underwood
Upton
Valadao
Van Drew
Vargas
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
Zeldin
NOT VOTING--7
Burchett
Hartzler
Kinzinger
Lucas
McKinley
Miller (WV)
Radewagen
{time} 1724
Mr. LaHOOD changed his vote from ``aye'' to ``no.''
Mr. Latta changed his vote from ``no'' to ``aye.''
So the en bloc amendments were rejected.
The result of the vote was announced as above recorded.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Barragan (Correa)
Bowman (Neguse)
Boyle, Brendan F. (Beyer)
Brown (MD) (Evans)
Carter (TX) (Weber (TX))
Castro (TX) (Correa)
Cawthorn (Greene (GA))
Connolly (Beyer)
Crist (Wasserman Schultz)
DeFazio (Pallone)
Demings (Kelly (IL))
Escobar (Garcia (TX))
Foster (Spanberger)
Garcia (IL) (Takano)
Gohmert (Weber (TX))
Gosar (Weber (TX))
Grijalva (Correa)
Houlahan (Spanberger)
Kahele (Correa)
Kirkpatrick (Pallone)
Lawson (FL) (Evans)
Leger Fernandez (Correa)
Meng (Kuster)
Mfume (Evans)
Moore (WI) (Beyer)
Newman (Beyer)
Pascrell (Pallone)
Pingree (Kuster)
Porter (Neguse)
Reschenthaler (Keller)
Rice (SC) (Meijer)
Salazar (Waltz)
San Nicolas (Takano)
Sherrill (Pallone)
Sires (Pallone)
Smucker (Keller)
Taylor (McHenry)
Thompson (MS) (Bishop (GA))
Walorski (Fischbach)
Williams (GA) (Neguse)
Wilson (FL) (Evans)
Wilson (SC) (Norman)
Amendments En Bloc No. 5 Offered by Ms. DeLauro of Connecticut
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on amendments en bloc printed in part A of House Report
117-420 offered by the gentlewoman from Connecticut (Ms. DeLauro) on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 197,
noes 230, not voting 9, as follows:
[Roll No. 371]
AYES--197
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Conway
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Flood
Flores
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez-Colon
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
Meijer
Meuser
Miller (IL)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Upton
Valadao
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Zeldin
NOES--230
Adams
Aguilar
Allred
Auchincloss
Axne
Bacon
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
[[Page H6858]]
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
Salazar
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stauber
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NOT VOTING--9
Burchett
Hartzler
Hollingsworth
Kinzinger
Lucas
McKinley
Miller (WV)
Radewagen
Rutherford
{time} 1732
So the en bloc amendments were rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. RUTHERFORD. Madam Chair, had I been present, I would have voted
``aye'' on rollcall No. 371.
members recorded pursuant to house resolution 8, 117th congress
Barragan (Correa)
Bowman (Neguse)
Boyle, Brendan F. (Beyer)
Brown (MD) (Evans)
Carter (TX) (Weber (TX))
Castro (TX) (Correa)
Cawthorn (Greene (GA))
Connolly (Beyer)
Crist (Wasserman Schultz)
DeFazio (Pallone)
Demings (Kelly (IL))
Escobar (Garcia (TX))
Foster (Spanberger)
Garcia (IL) (Takano)
Gohmert (Weber (TX))
Gosar (Weber (TX))
Grijalva (Correa)
Houlahan (Spanberger)
Kahele (Correa)
Kirkpatrick (Pallone)
Lawson (FL) (Evans)
Leger Fernandez (Correa)
Meng (Kuster)
Mfume (Evans)
Moore (WI) (Beyer)
Newman (Beyer)
Pascrell (Pallone)
Pingree (Kuster)
Porter (Neguse)
Reschenthaler (Keller)
Rice (SC) (Meijer)
Salazar (Waltz)
San Nicolas (Takano)
Sherrill (Pallone)
Sires (Pallone)
Smucker (Keller)
Taylor (McHenry)
Thompson (MS) (Bishop (GA))
Walorski (Fischbach)
Williams (GA) (Neguse)
Wilson (FL) (Evans)
Wilson (SC) (Norman)
Amendments En Bloc No. 6 Offered by Ms. DeLauro of Connecticut
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on amendments en bloc offered by the gentlewoman from
Connecticut (Ms. DeLauro) on which further proceedings were postponed
and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 224,
noes 204, not voting 8, as follows:
[Roll No. 372]
AYES--224
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
Norton
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Plaskett
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NOES--204
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Conway
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Flood
Flores
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Gonzalez-Colon
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
Meijer
Meuser
Miller (IL)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Zeldin
NOT VOTING--8
Burchett
Hartzler
Hollingsworth
Kinzinger
Lucas
McKinley
Miller (WV)
Radewagen
{time} 1743
Mr. THOMPSON of Mississippi and Ms. WATERS changed their vote from
``no'' to ``aye.''
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Barragan (Correa)
Bowman (Neguse)
Boyle, Brendan F. (Beyer)
Brown (MD) (Evans)
Carter (TX) (Weber (TX))
Castro (TX) (Correa)
Cawthorn (Greene (GA))
Connolly (Beyer)
Crist (Wasserman Schultz)
DeFazio (Pallone)
Demings (Kelly (IL))
Escobar (Garcia (TX))
Foster (Spanberger)
Garcia (IL) (Takano)
Gohmert (Weber (TX))
Gosar (Weber (TX))
Grijalva (Correa)
Houlahan (Spanberger)
Kahele (Correa)
Kirkpatrick (Pallone)
Lawson (FL) (Evans)
Leger Fernandez (Correa)
Meng (Kuster)
Mfume (Evans)
Moore (WI) (Beyer)
[[Page H6859]]
Newman (Beyer)
Pascrell (Pallone)
Pingree (Kuster)
Porter (Neguse)
Reschenthaler (Keller)
Rice (SC) (Meijer)
Salazar (Waltz)
San Nicolas (Takano)
Sherrill (Pallone)
Sires (Pallone)
Smucker (Keller)
Taylor (McHenry)
Thompson (MS) (Bishop (GA))
Walorski (Fischbach)
Williams (GA) (Neguse)
Wilson (FL) (Evans)
Wilson (SC)
(Norman)
Ms. DeLAURO. Madam Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Torres of New York) having assumed the chair, Ms. Wild, Acting Chair of
the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
8294) making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2023, and for other purposes, and has come to no
resolution thereon.
____________________