Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696589536854.pdf (United States)
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AMENDMENT NO.llll Calendar No.lll Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES—117th Cong., 2d Sess.

H.R.

2617 To amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes.
Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by lllllll Viz: In lieu of the matter proposed to be inserted by the House in Senate amendment 4, insert the following: SECTION 1.

SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appro- priations Act, 2023’’.

SEC.

2.

TABLE OF CONTENTS.

Sec.

1.

Short title.

Sec.

2.

Table of contents.

Sec.

3.


References.

Sec.

4.

Explanatory statement.

Sec.

5.

Statement of appropriations.

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Sec.

6.

Adjustments to compensation.
2 DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIA- TIONS ACT, 2023 Title I—Agricultural Programs Title II—Farm Production and Conservation Programs Title III—Rural Development Programs Title IV—Domestic Food Programs Title V—Foreign Assistance and Related Programs Title VI—Related Agency and Food and Drug Administration Title VII—General Provisions DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 Title I—Department of Commerce Title II—Department of Justice Title III—Science Title IV—Related Agencies Title V—General Provisions DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023 Title I—Military Personnel Title II—Operation and Maintenance Title III—Procurement Title IV—Research, Development, Test and Evaluation Title V—Revolving and Management Funds Title VI—Other Department of Defense Programs Title VII—Related Agencies Title VIII—General Provisions DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 Title I—Corps of Engineers—Civil Title II—Department of the Interior Title III—Department of Energy Title IV—Independent Agencies Title V—General Provisions DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2023 Title I—Department of the Treasury Title II—Executive Office of the President and Funds Appropriated to the President Title III—The Judiciary Title IV—District of Columbia Title V—Independent Agencies Title VI—General Provisions—This Act Title
 VII—General Provisions—Government-wide Title VIII—General Provisions—District of Columbia December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3 DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023 Title I—Departmental Management, Intelligence, Situational Awareness, and Oversight Title II—Security, Enforcement, and Investigations Title III—Protection, Preparedness, Response, and Recovery Title IV—Research, Development, Training, and Services Title V—General Provisions DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 Title I—Department of the Interior Title II—Environmental Protection Agency Title III—Related Agencies Title IV—General Provisions DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPRO- PRIATIONS ACT, 2023 Title I—Department of Labor Title II—Department of Health and Human Services Title III—Department of Education Title IV—Related Agencies Title V—General Provisions DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023 Title I—Legislative Branch Title II—General Provisions DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 Title I—Department of Defense Title II—Department of Veterans Affairs Title III—Related Agencies Title IV—General Provisions DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2023 Title I—Department of State and Related Agency Title II—United States Agency for International Development Title III—Bilateral Economic Assistance Title IV—International Security Assistance Title V—Multilateral Assistance Title VI—Export and
 Investment Assistance Title VII—General Provisions DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOP- MENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 Title I—Department of Transportation Title II—Department of Housing and Urban Development Title III—Related Agencies December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
Title IV—General Provisions—This Act 4 DIVISION M—ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023 DIVISION N—DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023 DIVISION O—EXTENDERS AND TECHNICAL CORRECTIONS Title I—National Cybersecurity Protection System Authorization Extension Title II—NDAA Technical Corrections Title III—Immigration Extensions Title IV—Environment and Public Works Matters Title V—Safety Enhancements Title VI—Extension of Temporary Order for Fentanyl-Related Substances Title VII—Federal Trade Commission Oversight of Horseracing Integrity and Safety Authority Title VIII—United States Parole Commission Extension Title IX—Extension of FCC Auction Authority Title X—Budgetary Effects DIVISION P—ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION IMPROVEMENT DIVISION Q—AVIATION RELATED MATTERS DIVISION R—NO TIKTOK ON GOVERNMENT DEVICES DIVISION S—OCEANS RELATED MATTERS DIVISION T—SECURE 2.0 ACT OF 2022 DIVISION U—JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL VETERANS BENEFITS AND HEALTH CARE IM- PROVEMENT ACT OF 2022 DIVISION V—STRONG VETERANS ACT OF 2022 DIVISION W—UNLEASHING AMERICAN INNOVATORS ACT OF 2022 DIVISION X—EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS’ FUND DIVISION Y—CONTRACT ACT OF 2022 DIVISION Z—COVS ACT DIVISION AA—FINANCIAL SERVICES MATTERS DIVISION BB—CONSUMER PROTECTION AND COMMERCE DIVISION CC—WATER RELATED MATTERS DIVISION DD—PUBLIC LAND MANAGEMENT DIVISION EE—POST OFFICE DESIGNATIONS DIVISION FF—HEALTH AND HUMAN
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5 DIVISION GG—MERGER FILING FEE MODERNIZATION DIVISION HH—AGRICULTURE DIVISION JJ—NORTH ATLANTIC RIGHT WHALES SEC.

3.

REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that divi- sion.

SEC.

4.

EXPLANATORY STATEMENT.


The explanatory statement regarding this Act, print- ed in the Senate section of the Congressional Record on or about December 19, 2022, and submitted by the chair of the Committee on Appropriations of the Senate, shall have the same effect with respect to the allocation of funds and implementation of divisions A through L of this Act as if it were a joint explanatory statement of a committee 14 of conference.

15 SEC.

5.

STATEMENT OF APPROPRIATIONS.


The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023.

SEC.

6.

ADJUSTMENTS TO COMPENSATION.

Notwithstanding any other provision of law, no ad- justment shall be made under section 601(a) of the Legis- lative Reorganization Act of 1946 (2 U.S.C.

4501) (relat- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
6 1 2 ing to cost of living adjustments for Members of Congress) during fiscal year 2023.

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7 DIVISION A—AGRICULTURE, RURAL DE- VELOPMENT, FOOD AND DRUG ADMIN- ISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 TITLE I AGRICULTURAL PROGRAMS PROCESSING, RESEARCH, AND MARKETING OFFICE OF THE SECRETARY (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Secretary, $65,067,000 of which not to exceed $7,432,000 shall be available for the immediate Office of the Secretary; not to exceed $1,396,000 shall be available for the Office of Homeland Security; not to exceed $5,190,000 shall be available for the Office of Tribal Relations, of which $1,000,000 shall be to establish a Tribal Public Health Resource Center at a land grant university with existing indigenous public health expertise to expand current part- nerships and collaborative efforts with indigenous groups, including but not limited to, tribal organizations and insti- tutions such as tribal colleges, tribal technical colleges, tribal community colleges and tribal universities, to im- prove the delivery of culturally appropriate public health services and functions in American Indian communities fo- cusing on indigenous food sovereignty; not to exceed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
8 $9,280,000 shall be available for the Office of Partner- ships and Public Engagement, of which $1,500,000 shall be for 7 U.S.C.
2279(c)(5); not to exceed $28,422,000 shall be available for the Office of the Assistant Secretary for Administration, of which $26,716,000 shall be avail- able for Departmental Administration to provide for nec- essary expenses for management support services to of- fices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and nec- essary for the practical and efficient work of the Depart- ment: 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 administra- tive 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 pro- grams involving intergovernmental affairs and liaison within the executive branch; and not to exceed $8,738,000 shall be available for the Office of Communications: Pro- vided further, That the Secretary of Agriculture is author- ized 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
9 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 oth- erwise provided for, as determined by the Secretary: Pro- vided further, That the amount made available under this heading for Departmental Administration shall be reim- bursed from applicable appropriations in this Act for trav- el 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 Intergovern- mental Affairs shall be transferred to agencies of the De- partment 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 alloca- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
10 is subject to section 716 of this Act or make any public announcement of such action in any form.

EXECUTIVE OPERATIONS OFFICE OF THE CHIEF ECONOMIST For necessary expenses of the Office of the Chief Economist, $28,181,000, of which $8,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C.
3155: Provided, That of the amounts made avail- able under this heading, $500,000 shall be available to carry out section 224 of subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.

6924), as amended by section 12504 of Public Law 115–334.

OFFICE OF HEARINGS AND APPEALS For necessary expenses of the Office of Hearings and Appeals, $16,703,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS For necessary expenses of the Office of Budget and Program Analysis, $14,967,000.

OFFICE OF THE CHIEF INFORMATION OFFICER For necessary expenses of the Office of the Chief In- formation Officer, $92,284,000, of which not less than $77,428,000 is for cybersecurity requirements of the de- 23 partment.

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11 OFFICE OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of the Chief Fi- nancial Officer, $7,367,000.

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $1,466,000: Provided, That funds made available by this Act to an agency in the Civil Rights mission area for salaries and expenses are available to fund up to one administrative support staff for the Of- 11 fice.
12 13 OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, 14 $37,595,000.

15 AGRICULTURE BUILDINGS AND FACILITIES (INCLUDING TRANSFERS OF FUNDS) For payment of space rental and related costs pursu- ant to Public Law 92–313, including authorities pursuant to the 1984 delegation of authority from the Adminis- trator of General Services to the Department of Agri- culture 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 con- figurations suitable for release to the Administrator of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
12 General Services, and for the operation, maintenance, im- provement, and repair of Agriculture buildings and facili- ties, and for related costs, $40,581,000, to remain avail- able until expended.

HAZARDOUS MATERIALS MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of Agri- culture, 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.
6901 et seq.

), $7,581,000, to remain available until ex- pended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Man- agement may be transferred to any agency of the Depart- ment 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, Secu- rity, and Protection, $21,800,000.
OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C.

App.

), $111,561,000, including such sums as may be necessary for contracting and other arrangements with public agen- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
13 cies 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 Gen- eral Act of 1978 (Public Law 95–452; 5 U.S.C.

App.)

and section 1337 of the Agriculture and Food Act of 1981 (Public Law 97–98).
OFFICE OF THE GENERAL COUNSEL For necessary expenses of the Office of the General 12 Counsel, $60,537,000.

13 14 OFFICE OF ETHICS For necessary expenses of the Office of Ethics, 15 $5,556,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND ECONOMICS For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $2,384,000: Provided, That funds made available by this Act to an agency in the Research, Education, and Eco- nomics mission area for salaries and expenses are avail- able to fund up to one administrative support staff for the Office: Provided further, That of the amounts made December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
14 available under this heading, $1,000,000 shall be made available for the Office of the Chief Scientist.

ECONOMIC RESEARCH SERVICE For necessary expenses of the Economic Research Service, $92,612,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE For necessary expenses of the National Agricultural Statistics Service, $211,076,000, of which up to $66,413,000 shall be available until expended for the Cen- sus of Agriculture: Provided, That amounts made available for the Census of Agriculture may be used to conduct Cur- rent Industrial Report surveys subject to 7 U.S.C.

13 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 Fed- eral ownership, $1,744,279,000: Provided, That appro- priations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
15 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 pro- vided, 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 replace- ment 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 re- moved upon the expiration or termination of the lease agreement: Provided further, That the limitations on alter- ations contained in this Act shall not apply to moderniza- tion or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations here- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
16 under shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replace- ment of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That appro- priations hereunder shall be available for granting ease- ments 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 Re- search 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 subdivi- sion, organization, or individual for the purpose of estab- lishing or operating any research facility or research project of the Agricultural Research Service, as authorized 19 by law.
BUILDINGS AND FACILITIES For the acquisition of land, construction, repair, im- provement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agri- cultural research programs of the Department of Agri- culture, where not otherwise provided, $74,297,000 to re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
17 main available until expended, of which $56,697,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ‘‘Community Project Funding/ Congressionally Directed Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $1,094,121,000 which shall be for the purposes, and in the amounts, specified in the table titled ‘‘National Institute of Food and Agriculture, Research and Education Activities’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for re- search grants for 1994 institutions, education grants for 1890 institutions, Hispanic serving institutions education grants, capacity building for non-land-grant colleges of ag- riculture, the agriculture and food research initiative, vet- erinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, grants management systems, tribal colleges education eq- uity grants, and scholarships at 1890 institutions shall re- main available until expended: Provided further, That each December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
18 institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided fur- ther, That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made avail- able to individual eligible institutions or consortia of eligi- ble 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 Sep- tember 30, 2024: Provided further, That funds for edu- cation 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 Initia- tive 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.

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19 EXTENSION ACTIVITIES For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $565,410,000 which shall be for the purposes, and in the amounts, speci- fied in the table titled ‘‘National Institute of Food and Agriculture, Extension Activities’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for extension services at 1994 institutions and for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds under 7 U.S.C.
3221 for cooperative ex- tension 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 avail- able for retirement and employees’ compensation costs for extension agents.
INTEGRATED ACTIVITIES For the integrated research, education, and extension grants programs, including necessary administrative ex- penses, $41,500,000, which shall be for the purposes, and in the amounts, specified in the table titled ‘‘National In- stitute of Food and Agriculture, Integrated Activities’’ in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
20 the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Pro- vided, That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2024: Provided further, That notwithstanding any other provi- sion 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 Pro- grams mission area for salaries and expenses are available to fund up to one administrative support staff for the Of- 18 fice.
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), December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
21 $1,171,071,000 of which up to $9,552,000 shall be for the purposes, and in the amounts, specified for this ac- count in the table titled ‘‘Community Project Funding/ Congressionally Directed Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); of which $514,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds (‘‘con- tingency fund’’) to the extent necessary to meet emergency conditions; of which $15,450,000, to remain available until expended, shall be used for the cotton pests program, in- cluding 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 Tech- nical 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 infra- structure; of which $216,117,000, to remain available until expended, shall be for specialty crop pests, of which $8,500,000, to remain available until September 30, 2024, shall be for one-time control and management and associ- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
22 ated activities directly related to the multiple-agency re- sponse to citrus greening; of which, $14,986,000, to re- main available until expended, shall be for field crop and rangeland ecosystem pests; of which $21,567,000, to re- main available until expended, shall be for zoonotic disease management; of which $44,067,000, to remain available until expended, shall be for emergency preparedness and response; of which $62,562,000, to remain available until expended, shall be for tree and wood pests; of which $6,500,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided, That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Pro- vided further, That of amounts available under this head- ing 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, Kan- sas: Provided further, That no funds shall be used to for- December 19, 2022 (11:48 p.m.)
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23 mulate 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 air- craft: 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 agen- cies or corporations of the Department such sums as may be deemed necessary, to be available only in such emer- gencies for the arrest and eradication of contagious or in- fectious 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 bal- ances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropria- tions hereunder shall be available pursuant to law (7 U.S.C.
2250) for the repair and alteration of leased build- ings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

24 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 assist- ance, 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 avail- able until expended, without further appropriation, for providing such assistance, goods, or services.
BUILDINGS AND FACILITIES For plans, construction, repair, preventive mainte- nance, environmental support, improvement, extension, al- teration, 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 20 available until expended.
AGRICULTURAL MARKETING SERVICE MARKETING SERVICES For necessary expenses of the Agricultural Marketing Service, $237,695,000, of which $7,504,000 shall be avail- able for the purposes of section 12306 of Public Law 113– December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
25 79, and of which $1,000,000 shall be available for the pur- poses of section 779 of division A of Public Law 117– 103: Provided, That of the amounts made available under this heading, $25,000,000, to remain available until ex- pended, shall be to carry out section 12513 of Public Law 115–334, of which $23,000,000 shall be for dairy business innovation initiatives established in Public Law 116–6 and the Secretary shall take measures to ensure an equal dis- tribution of funds between these three regional innovation initiatives: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alter- ation 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 15 value of the building.

16 17 18 19 20 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 21 seq.

22 23 24 25 LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $62,596,000 (from fees collected) shall be obligated during the current fiscal year for administra- tive expenses: Provided, That if crop size is understated December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

26 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 Au- gust 24, 1935 (7 U.S.C.

612c), shall be used only for com- modity 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.
742a et seq.

); (2) trans- fers otherwise provided in this Act; and (3) not more than $21,501,000 for formulation and administration of mar- keting 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 Agricul- tural Marketing Act of 1946 (7 U.S.C.

1623(b)), $1,235,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
27 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 ac- tivities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Com- mittees 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 Of- fice.
FOOD SAFETY AND INSPECTION SERVICE For necessary expenses to carry out services author- ized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $10,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $1,158,266,000; and in addition, $1,000,000 may be cred- ited to this account from fees collected for the cost of lab- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

28 oratory 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 dedi- cated solely to inspections and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C.

1901 et seq.
1901 et seq.

): Provided further, That the Food Safety and Inspec- tion Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified by the amendments made in section 12106 of Public Law 113– 79: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alter- ation 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 19 value of the building.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
29 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 Conserva- tion mission area for salaries and expenses are available to fund up to one administrative support staff for the Of- fice.
FARM PRODUCTION AND CONSERVATION BUSINESS CENTER SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Production and Conservation Business Center, $248,684,000: Provided, That $60,228,000 of amounts appropriated for the cur- rent 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 ac- 23 count.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
30 FARM SERVICE AGENCY SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Service Agency, $1,215,307,000, of which not less than $15,000,000 shall be for the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county of- fices and farm loan officers and shall be available until September 30, 2024: Provided, That not more than 50 percent of the funding made available under this heading for information technology related to farm program deliv- ery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Con- gress, and receives written or electronic notification of re- ceipt 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, in- cluding estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) dem- onstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applica- ble lifecycle management policies and guidance, and (c) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
31 subject to the applicable Department’s capital planning and investment control requirements; and (3) has been re- viewed by the Government Accountability Office and ap- proved by the Committees on Appropriations of both Houses of Congress: Provided further, That the agency shall submit a report by the end of the fourth quarter of fiscal year 2023 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfac- tion, (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 enhance- ments 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, facili- ties, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all pro- grams 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 ac- count: Provided further, That of the amount appropriated under this heading, $696,594,000 shall be made available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
32 to county committees, to remain available until expended: Provided further, That, notwithstanding the preceding pro- viso, any funds made available to county committees in the current fiscal year that the Administrator of the Farm Service Agency deems to exceed or not meet the amount needed for the county committees may be transferred to or from the Farm Service Agency for necessary expenses: Provided further, That none of the funds available to the Farm Service Agency shall be used to close Farm Service Agency county offices: Provided further, That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees with- out 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 Agricul- tural Credit Act of 1987, as amended (7 U.S.C.

5101– 19 5106), $7,000,000.

20 21 22 23 24 GRASSROOTS SOURCE WATER PROTECTION PROGRAM For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (16 U.S.C.

3839bb–2), $7,500,000, to remain available until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
33 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: Pro- vided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program de- scribed in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropria- tions Act, 2001 (Public Law 106–387, 114 Stat.
1549A– 12).

13 GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS For necessary expenses to carry out direct reimburse- ment payments to geographically disadvantaged farmers and ranchers under section 1621 of the Food Conserva- tion, and Energy Act of 2008 (7 U.S.C.

8792), $4,000,000, to remain available until expended.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of di- rect and guaranteed farm ownership (7 U.S.C.

1922 et seq.)

and operating (7 U.S.C.

1941 et seq.)

loans, emer- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

34 gency loans (7 U.S.C.

1961 et seq.

), Indian tribe land ac- quisition 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 In- surance Fund, as follows: $3,500,000,000 for guaranteed farm ownership loans and $3,100,000,000 for farm owner- ship direct loans; $2,118,491,000 for unsubsidized guar- anteed operating loans and $1,633,333,000 for direct op- erating loans; emergency loans, $4,062,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conserva- 13 tion 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 avail- able until expended; and $23,520,000 for direct farm op- erating loans, $11,228,000 for unsubsidized guaranteed farm operating loans, $10,983,000 for the relending pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
gram, and $894,000 for Indian highly fractionated land 35 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 Ex- penses’’.
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: Pro- vided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in ad- vance of any transfer.
RISK MANAGEMENT AGENCY SALARIES AND EXPENSES For necessary expenses of the Risk Management Agency, $66,870,000: Provided, That $1,000,000 of the amount appropriated under this heading in this Act shall be available for compliance and integrity activities re- quired under section 516(b)(2)(C) of the Federal Crop In- surance Act of 1938 (7 U.S.C.
1516(b)(2)(C)), and shall be in addition to amounts otherwise provided for such pur- pose: Provided further, That not to exceed $1,000 shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

36 be available for official reception and representation ex- penses, as authorized by 7 U.S.C.

1506(i).
1506(i).

NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION OPERATIONS For necessary expenses for carrying out the provi- sions of the Act of April 27, 1935 (16 U.S.C.
590a–f), including preparation of conservation plans and establish- ment of measures to conserve soil and water (including farm irrigation and land drainage and such special meas- ures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to con- trol agricultural related pollutants); operation of conserva- tion 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 alter- ation or improvement of permanent and temporary build- ings; and operation and maintenance of aircraft, $941,124,000, to remain available until September 30, 2024, of which up to $22,973,000 shall be for the pur- poses, and in the amounts, specified for this account in the table titled ‘‘Community Project Funding/Congres- sionally Directed Spending’’ in the explanatory statement December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
37 described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That appro- priations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of build- ings 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 10 the right to use such land is obtained as provided in 7 11 U.S.C.

2250a.
2250a.

12 WATERSHED AND FLOOD PREVENTION OPERATIONS For necessary expenses to carry out preventive meas- ures, including but not limited to surveys and investiga- tions, 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 provi- sions of laws relating to the activities of the Department, $75,000,000, to remain available until expended, of which up to $20,591,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consoli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
38 dated Act): Provided, That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including struc- tural 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, agricul- tural 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 wa- tershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to re- duce erosion and sediment transport: Provided further, That of the amounts made available under this heading, $10,000,000 shall remain available until expended for the authorities under 16 U.S.C.
1001–1005 and 1007–1009 for authorized ongoing watershed projects with a primary purpose of providing water to rural communities.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

39 WATERSHED REHABILITATION PROGRAM Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $2,000,000 is pro- vided.
HEALTHY FORESTS RESERVE PROGRAM For necessary expenses to carry out the Healthy For- ests Reserve Program under the Healthy Forests Restora- tion Act of 2003 (16 U.S.C.

6571–6578), $7,000,000, to remain available until expended.

URBAN AGRICULTURE AND INNOVATIVE PRODUCTION For necessary expenses to carry out the Urban Agri- culture and Innovative Production Program under section 222 of subtitle A of the Department of Agriculture Reor- ganization Act of 1994 (7 U.S.C.
6923), as added by sec- tion 12302 of Public Law 115–334, $8,500,000.
CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such cor- poration 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
40 fiscal year for such corporation or agency, except as here- inafter 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 nec- essary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reim- bursed, 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 sec- tion 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 Serv- ice for information resource management activities of the Foreign Agricultural Service that are not related to Com- modity Credit Corporation business: Provided further, That the Secretary shall notify the Committees on Appro- priations of the House and Senate in writing 15 days prior December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
41 to the obligation or commitment of any emergency funds from the Commodity Credit Corporation.

HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $15,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.
9607(g)), and section 6001 of the Solid Waste Disposal Act (42 U.S.C.

6961).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
42 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 ex- penses are available to fund up to one administrative sup- port staff for the Office.
RURAL DEVELOPMENT SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for carrying out the adminis- tration and implementation of Rural Development pro- grams, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $351,087,000: Provided, That of the amount made available under this heading, up to $5,000,000, to remain available until September 30, 2024, shall be for the Rural Partners Network activities of the Department of Agriculture, and may be transferred to other agencies of the Department for such purpose, con- sistent with the missions and authorities of such agencies: Provided further, That of the amount made available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
43 under this heading, no less than $135,000,000, to remain available until expended, shall be used for information technology expenses: Provided further, That notwith- standing any other provision of law, funds appropriated under this heading may be used for advertising and pro- motional activities that support Rural Development pro- grams: 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 di- rect and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,250,000,000 shall be for direct loans, $7,500,000 shall be for a Single Family Housing Relending demonstration program for Native American Tribes, and $30,000,000,000 shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 housing repair loans; $70,000,000 for section 515 rental housing; $400,000,000 for section 538 guaranteed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
44 multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $46,375,000 shall be for direct loans; Single Family Housing Relending demonstration program for Native American Tribes, $2,468,000; section 504 housing repair loans, $2,324,000; section 523 self-help housing land development loans, $267,000; section 524 site devel- opment loans, $208,000; and repair, rehabilitation, and new construction of section 515 rental housing, $13,377,000: Provided, That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guaran- tees 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 appli- cants in communities that have a current rural area waiv- er 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
45 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 Sec- retary 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 organi- zations 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 fol- lowing: 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 devel- oper loans at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associ- ated 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
46 502 of the Congressional Budget Act of 1974, $36,000,000, to remain available until expended, for a demonstration program for the preservation and revital- ization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appro- priate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the pur- pose of providing safe and affordable housing for low-in- come residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordi- nating, reducing or re-amortizing loan debt; and other fi- nancial assistance including advances, payments and in- centives (including the ability of owners to obtain reason- able returns on investment) required by the Secretary: Provided, That the Secretary shall, as part of the preser- vation and revitalization agreement, obtain a restrictive use agreement consistent with the terms of the restruc- 19 turing.
In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C.

1484, 1486), $14,084,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing 25 grants and contracts.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
47 In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be paid to the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM For rental assistance agreements entered into or re- newed 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 house- holds as authorized by section 502(c)(5)(D) of the Hous- ing Act of 1949, $1,487,926,000, and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under sec- tion 521(a)(2) of the Act: Provided, That rental assistance agreements entered into or renewed during the current fis- cal year shall be funded for a one-year period: Provided further, That upon request by an owner of a project fi- nanced 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 remain- ing at the end of such one-year agreements may be trans- ferred and used for purposes of any debt reduction, main- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
48 tenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental as- sistance 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 con- secutive months, if such project has a waiting list of ten- ants seeking such assistance or the project has rental as- sistance eligible tenants who are not receiving such assist- ance: Provided further, That such recaptured rental assist- ance 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 ex- cept as provided in the fourth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2023 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for cur- 22 rent needs.
23 24 25 RURAL HOUSING VOUCHER ACCOUNT For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but not- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
49 withstanding subsection (b) of such section, $48,000,000, to remain available until expended: Provided, That the funds made available under this heading shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid or otherwise paid off after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual ap- propriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guid- ance 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

50 MUTUAL AND SELF-HELP HOUSING GRANTS For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.

1490c), $32,000,000, to remain available until expended.

RURAL HOUSING ASSISTANCE GRANTS For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C.
1474, and 1490m, $48,000,000, to remain available until expended.

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of di- rect 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 di- rect loans and $650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $341,490,328, to remain available until expended, of which up to $325,490,328 shall be for the purposes, and in the amounts, specified for this account in the table ti- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
51 tled ‘‘Community Project Funding/Congressionally Di- rected Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That $6,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community- based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified pri- vate, nonprofit and public intermediary organizations pro- posing to carry out a program of financial and technical assistance: Provided further, That such intermediary orga- nizations 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 appropria- tions 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
52 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 Resolu- tion on the Budget or the Balanced Budget and Emer- gency Deficit Control Act of 1985, or that were specified in the table titled ‘‘Community Project Funding/Congres- sionally 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 fur- ther, 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 17 available under this heading.
RURAL BUSINESS—COOPERATIVE SERVICE RURAL BUSINESS PROGRAM ACCOUNT For the cost of loan guarantees and grants, for the rural business development programs authorized by sec- tion 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $86,520,000, to remain available until expended: Provided, That of the amount appropriated December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
53 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 Appa- lachian Regional Commission (40 U.S.C.
14101 et seq.)
for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That of the amount appropriated under this heading, $2,000,000 shall be for the Rural Innovation Stronger Economy Grant Program (7 U.S.C.
2008w): Provided fur- ther, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

54 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the principal amount of direct loans, as author- ized by the Intermediary Relending Program Fund Ac- count (7 U.S.C.
1936b), $18,889,000.

For the cost of direct loans, $3,313,000, as author- ized by the Intermediary Relending Program Fund Ac- count (7 U.S.C.
1936b), of which $331,000 shall be avail- able through June 30, 2023, for Federally Recognized Na- tive American Tribes; and of which $663,000 shall be available through June 30, 2023, for Mississippi Delta Re- gion counties (as determined in accordance with Public Law 100–460): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be paid to the appropriation for ‘‘Rural Development, Salaries and Ex- 19 penses’’.

20 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT For the principal amount of direct loans, as author- ized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic develop- ment and job creation projects, $75,000,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

55 The cost of grants authorized under section 313B(a) of the Rural Electrification Act, for the purpose of pro- moting rural economic development and job creation projects shall not exceed $15,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $28,300,000, of which $3,500,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas pro- gram: 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 di- rectors or governing boards of which are comprised of in- dividuals who are members of socially disadvantaged groups; and of which $16,000,000, to remain available until expended, shall be for value-added agricultural prod- uct 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

56 RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM For the principal amount of direct loans as author- ized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C.

2008s), $25,000,000.

For the cost of loans and grants, $6,000,000 under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C.

2008s).
2008s).

RURAL ENERGY FOR AMERICA PROGRAM For the principal amount of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.

8107), $20,000,000.

For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $18,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congres- 20 sional Budget Act of 1974.

21 22 23 24 25 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
57 of 2014, for necessary expenses of the Secretary to sup- port projects that provide access to healthy food in under- served areas, to create and preserve quality jobs, and to revitalize low-income communities, $3,000,000, to remain available until expended: Provided, That such costs of loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.
RURAL UTILITIES SERVICE RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of di- rect and guaranteed loans as authorized by section 306 and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, as follows: $1,420,000,000 for direct loans; and $50,000,000 for guaranteed loans.
For the cost of loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $596,404,000, to remain December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
58 available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities pro- gram 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 Consoli- dated Farm and Rural Development Act in addition to funding authorized by section 306A(i)(1) of such Act: Pro- vided further, That $70,000,000 of the amount appro- priated under this heading shall be for loans and grants including water and waste disposal systems grants author- ized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, and Fed- erally Recognized Native American Tribes authorized by 306C(a)(1) of such Act: Provided further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105–83: Provided further, That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance pro- grams and not more than 2 percent of the funding pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
59 vided 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 fur- ther, That not to exceed $37,500,000 of the amount ap- propriated under this heading shall be for technical assist- ance 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 quali- fied nonprofit multi-State regional technical assistance or- ganization, with experience in working with small commu- nities 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 plan- ning, 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 fur- ther, That not to exceed $21,180,000 of the amount ap- propriated 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
60 amounts made available under this heading shall be for solid waste management grants: Provided further, That not to exceed $2,724,000 of the amounts appropriated under this heading shall be available as the Secretary deems appropriate for water and waste direct one percent loans for distressed communities: Provided further, That if the Secretary determines that any portion of the amount made available for one percent loans is not needed for such loans, the Secretary may use such amounts for grants au- thorized 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 re- main unobligated after July 31, 2024, such unobligated balances may be used for grant programs funded under this heading: Provided further, That $10,000,000 of the amount appropriated under this heading shall be trans- ferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants au- thorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made 23 available under this heading.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

61 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The principal amount of loans and loan guarantees as authorized by sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of 1936 (7 U.S.C.
904, 935, 936, 940c–1, and 940g) shall be made as follows: guaran- teed rural electric loans made pursuant to section 306 of that Act, $2,167,000,000; cost of money direct loans made pursuant to sections 4, notwithstanding the one-eighth of one percent in 4(c)(2), and 317, notwithstanding 317(c), of that Act, $4,333,000,000; guaranteed underwriting loans pursuant to section 313A of that Act, $900,000,000; and for cost-of-money rural telecommunications loans made pursuant to section 305(d)(2) of that Act, $690,000,000: Provided, That up to $2,000,000,000 shall be used for the construction, acquisition, design, engineer- ing or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon sub- surface utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.

935(d)(2)), including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

62 of 1974, cost of money rural telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until ex- pended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.

8107a): Pro- vided, That the energy efficiency measures supported by the funding in this paragraph shall contribute in a demon- strable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be paid to the appropriation for ‘‘Rural Development, Salaries and Expenses’’.

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C.
950aaa et seq., $64,991,000, to remain available until expended, of which up to $4,991,000 shall be for the purposes, and in the amounts, specified for this account in the table ti- tled ‘‘Community Project Funding/Congressionally Di- rected Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That $3,000,000 shall be made available for grants authorized by section 379G of the Consolidated Farm and Rural Development Act: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
63 vided 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 enti- ties that meet all of the eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections 601 and 602 of the Rural Electrification Act, $3,000,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974.

For the cost to continue a broadband loan and grant pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141) under the Rural Electrification Act of 1936, as amended (7 U.S.C.
901 et seq.

), $363,512,317, to remain available until expended, of which up to $15,512,317 shall be for the purposes, and in the amounts, specified for this account in the table titled ‘‘Community Project Funding/ Congressionally Directed Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That the Secretary may award grants described in section 601(a) of the Rural Electrification Act of 1936, as amended (7 U.S.C.
950bb(a)) for the purposes of carrying out such pilot program: Provided further, That the cost of direct December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
64 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 receiv- ing a loan or grant under the pilot program shall be in a rural area without sufficient access to broadband: Pro- vided further, That for purposes of such pilot program, a rural area without sufficient access to broadband shall be defined as twenty-five megabits per second downstream and three megabits per second upstream: Provided further, That to the extent possible, projects receiving funds pro- vided under the pilot program must build out service to at least one hundred megabits per second downstream, and twenty megabits per second upstream: Provided fur- ther, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
65 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 as- sessment requirements set forth in section 701 of the Rural Electrification Act (7 U.S.C.

950cc).
950cc).

In addition, $35,000,000, to remain available until expended, for the Community Connect Grant Program au- 10 thorized by 7 U.S.C.

950bb–3.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
66 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 avail- able to fund up to one administrative support staff for 11 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.
1771 et seq.

), except sections 17 and 21; $28,545,432,000 to remain available through Sep- tember 30, 2024, of which such sums as are made avail- able 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
67 shall be available to carry out section 19 of the Child Nu- trition Act of 1966 (42 U.S.C.

1771 et seq.
1771 et seq.

): Provided further, That of the total amount available, $21,005,000 shall be available to carry out studies and evaluations and shall remain available until expended: Provided further, That of the total amount available, $14,000,000 shall re- main available until expended to carry out section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C.

1769(g)): Provided further, That notwithstanding section 18(g)(3)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)(3)(c)), the total grant amount provided to a farm to school grant recipient in fiscal year 2023 shall not exceed $500,000: Provided further, That of the total amount available, $30,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment, with a value of greater than $1,000, needed to serve healthier meals, improve food safety, and to help support the establishment, mainte- nance, or expansion of the school breakfast program: Pro- vided further, That of the total amount available, $40,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80): Provided further, That of the total amount available, $2,000,000 shall remain avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
68 able until expended to carry out activities authorized under subsections (a)(2) and (e)(2) of section 21 of the Richard B. Russell National School Lunch Act (42 U.S.C.

1769b–1(a)(2) and (e)(2)): Provided further, That of the total amount available, $3,000,000 shall be available until September 30, 2024 to carry out section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
1793), of which $1,000,000 shall be for grants under such section to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Is- lands, 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 sen- tence by striking ‘‘For fiscal year 2022’’ and inserting 23 ‘‘For fiscal year 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

69 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) For necessary expenses to carry out the special sup- plemental 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: Pro- vided 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 in- flation: 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: Pro- vided further, That upon termination of a federally man- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
70 dated vendor moratorium and subject to terms and condi- tions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the re- quest of a State agency.

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C.

2011 et seq.
), $153,863,723,000, of which $3,000,000,000, to remain available through September 30, 2025, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations: Provided further, That of the funds made available under this head- ing, $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 re- quirements as may be required by law: Provided further, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
71 That funds made available for Employment and Training under this heading shall remain available through Sep- tember 30, 2024: Provided further, That funds made avail- able 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: Pro- vided further, That none of the funds made available under this heading may be obligated or expended in contraven- tion 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 pro- vided that such activities are authorized by the Food and 15 Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM For necessary expenses to carry out disaster assist- ance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Con- sumer Protection Act of 1973 (7 U.S.C.
612c note); the Emergency Food Assistance Act of 1983; special assist- ance for the nuclear affected islands, as authorized by sec- tion 103(f)(2) of the Compact of Free Association Amend- ments Act of 2003 (Public Law 108–188); and the Farm- ers’ Market Nutrition Program, as authorized by section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
72 17(m) of the Child Nutrition Act of 1966, $457,710,000, to remain available through September 30, 2024: Pro- vided, That none of these funds shall be available to reim- burse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwith- standing 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 Nutri- tion Act of 2008 (7 U.S.C.
2036(a)), the Secretary may use up to 20 percent for costs associated with the distribu- 15 tion of commodities.

16 NUTRITION PROGRAMS ADMINISTRATION For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutri- tion assistance program, $189,348,000: Provided, That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107–171, as amended by section 4401 of Public Law 110–246.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
73 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 avail- able 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 representa- tion allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.

1766), $237,330,000, of which no more than 6 percent shall re- main available until September 30, 2024, for overseas op- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
74 erations 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 organiza- tions and institutions under agreements executed pursu- ant to the agricultural food production assistance pro- grams (7 U.S.C.
1737) and the foreign assistance pro- grams of the United States Agency for International De- velopment: 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 appropria- tion solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to docu- mentation by the Foreign Agricultural Service, shall re- main available until expended.
FOOD FOR PEACE TITLE II GRANTS For expenses during the current fiscal year, not oth- erwise recoverable, and unrecovered prior years’ costs, in- cluding interest thereon, under the Food for Peace Act (Public Law 83–480), for commodities supplied in connec- tion with dispositions abroad under title II of said Act, $1,750,000,000, to remain available until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
75 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 Invest- ment Act of 2002 (7 U.S.C.
1736o–1), $243,331,000, to remain available until expended: Provided, That the Com- modity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of im- plementing such section, subject to reimbursement from amounts provided herein: Provided further, That of the amount made available under this heading, not more than 10 percent, but not less than $24,300,000, shall remain available until expended to purchase agricultural commod- ities as described in subsection 3107(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
16 1736o–1(a)(2)).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the Com- modity 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 Com- modity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, which shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
76 1 2 be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
77 TITLE VI RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Food and Drug Ad- ministration, 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 ac- tivities, authorized and approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188; $6,562,793,000: Provided, That of the amount provided under this heading, $1,310,319,000 shall be derived from prescription drug user fees author- ized by 21 U.S.C.
379h, and shall be credited to this ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

78 count and remain available until expended; $324,777,000 shall be derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain available until expended; $582,500,000 shall be derived from human generic drug user fees authorized by 21 U.S.C.

379j–42, and shall be credited to this ac- count and remain available until expended; $41,600,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be cred- ited to this account and remain available until expended; $32,144,000 shall be derived from animal drug user fees authorized by 21 U.S.C.

379j–12, and shall be credited to this account and remain available until expended; $29,303,000 shall be derived from generic new animal drug user fees authorized by 21 U.S.C.
379j–21, and shall be credited to this account and remain available until ex- pended; $712,000,000 shall be derived from tobacco prod- uct user fees authorized by 21 U.S.C.
387s, and shall be credited to this account and remain available until ex- pended: Provided further, That in addition to and notwith- standing any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biologi- cal product user fees, animal drug user fees, and generic new animal drug user fees that exceed the respective fiscal December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
79 year 2023 limitations are appropriated and shall be cred- ited 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 as- sessments 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 limita- tions: 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 Sec- retary 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, estab- lish, or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount appropriated: (1) $1,196,097,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs, of which no less than $15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2) $2,289,290,000 shall be for the Center for Drug Evaluation and Research and related December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
80 field activities in the Office of Regulatory Affairs, of which no less than $10,000,000 shall be for pilots to increase unannounced foreign inspections and shall remain avail- able until expended; (3) $489,594,000 shall be for the Center for Biologics Evaluation and Research and for re- lated field activities in the Office of Regulatory Affairs; (4) $287,339,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $736,359,000 shall be for the Cen- ter for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $76,919,000 shall be for the National Center for Toxi- cological Research; (7) $677,165,000 shall be for the Cen- ter for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) $214,082,000 shall be for Rent and Related activities, of which $55,893,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) $236,166,000 shall be for payments to the General Serv- ices Administration for rent; and (10) $359,782,000 shall be for other activities, including the Office of the Commis- sioner 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 December 19, 2022
 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
81 be for official reception and representation expenses, not otherwise provided for, as determined by the Commis- sioner: Provided further, That any transfer of funds pursu- ant 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 activi- ties’’, 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 over- sight of the Food and Drug Administration: Provided fur- ther, That funds may be transferred from one specified activity to another with the prior approval of the Commit- tees 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 pro- gram fees authorized by 21 U.S.C.

379j–31, outsourcing December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

82 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, exten- sion, alteration, demolition, and purchase of fixed equip- ment or facilities of or used by the Food and Drug Admin- istration, where not otherwise provided, $12,788,000, to remain available until expended.
FDA INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes de- scribed under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such pur- poses under the heading ‘‘Salaries and Expenses’’, $50,000,000, to remain available until expended: Pro- vided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
83 Century Cures Act, are to be derived from amounts trans- ferred 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 pre- vious 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 addi- tion to any other transfer authority provided by law.
INDEPENDENT AGENCY FARM CREDIT ADMINISTRATION LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $88,500,000 (from assessments col- lected 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 re- ceiverships: 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 Con- gress: Provided further, That the purposes of section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
84 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 applica- tion of the limitation provided in that clause of export loans described in the clause guaranteed or insured in a manner other than described in subclause (II) of the clause.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
85 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 Agri- culture’s fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Com- mittees 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 unobli- gated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary bal- ances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
86 tion of property, plant and equipment and for the improve- ment, delivery, and implementation of Department finan- cial, and administrative information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology serv- ices, 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 ad- ministrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written no- tification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided fur- ther, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
87 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 Tech- nology Services Division personnel and data center man- agement responsibilities, and control of any functions, missions, and systems for current and future human re- sources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Finan- cial Officer and the Chief Information Officer shall remain in the National Finance Center and under the manage- ment responsibility and administrative control of the Na- tional Finance Center: Provided further, That the Sec- retary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Depart- ments and other government agencies National Finance Center shared services including, but not limited to, pay- roll, financial management, and human capital shared services and allow the National Finance Center to perform December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
88 technology upgrades: Provided further, That of annual in- come amounts in the Working Capital Fund of the De- partment of Agriculture attributable to the amounts in ex- cess of the true costs of the shared services provided by the National Finance Center and budgeted for the Na- tional Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improve- ment, delivery, and implementation of financial, adminis- trative, and information technology services, and other systems of the National Finance Center or to pay any un- foreseen, extraordinary cost of the National Finance Cen- ter: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary sub- mits written notification of the obligation to the Commit- tees on Appropriations of both Houses of Congress: Pro- vided 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

89 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.
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 institu- tions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative ar- rangements is to carry out programs of mutual interest between the two parties.
This does not preclude appro- priate payment of indirect costs on grants and contracts with such institutions when such indirect costs are com- puted on a similar basis for all agencies for which appro- priations are provided in this Act.

SEC.

705.
SEC.

705.

Appropriations to the Department of Agri- culture 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 Develop- ment Loan Fund program account, the Rural Electrifica- tion and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account.

SEC.

706.
SEC.

706.

None of the funds made available to the Department of Agriculture by this Act may be used to ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
90 quire new information technology systems or significant upgrades, as determined by the Office of the Chief Infor- mation Officer, without the approval of the Chief Informa- tion Officer and the concurrence of the Executive Informa- tion 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 Informa- tion Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwith- standing section 11319 of title 40, United States Code, none of the funds available to the Department of Agri- culture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Informa- tion 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– 24 235.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

91 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 ex- pended to disburse obligations made in the current fiscal year.

SEC.

708.
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.

14 15 16 17 18 SEC.

709.
SEC.

709.

Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated bal- ances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2024, for infor- 19 mation technology expenses.

20 21 22 23 24 SEC.

710.
SEC.

710.

None of the funds appropriated or other- wise 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

92 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 tech- nical 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.
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 nego- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
93 tiated rule makings and panels used to evaluate competi- tively 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 crimi- nal 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— 22 $5,000,000; Removal of Defective Commodities— 23 24 25 $2,500,000; Administration of section 32 Commodity Pur- chases—$37,178,000: Provided, That, of the total funds made available in the matter preceding this proviso that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
94 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 Sec- retary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Pro- vided 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 avail- able 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 ex- penses 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 De- velopment, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
95 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 agen- cies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a re- programming, transfer of funds, or reimbursements as au- thorized by the Economy Act, or in the case of the Depart- ment of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Or- ganic 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
96 (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or pro- vided 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, pro- grams, 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, 21 that— 22 23 (1) augments existing programs, projects, or ac- tivities; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
97 (2) reduces by 10 percent funding for any exist- ing program, project, or activity, or numbers of per- sonnel by 10 percent as approved by Congress; or (3) results from any general savings from a re- duction in personnel which would result in a change in existing programs, activities, or projects as ap- proved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any pro- gram 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 pro- vided 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
98 fees available to the agencies funded by this Act, shall be available for— (1) modifying major capital investments fund- ing levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with ten or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Con- gress at least 30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Con- gress written or electronic mail confirmation of receipt of the notification as required in this section.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

99 SEC.

717.
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.
SEC.

718.

None of the funds appropriated or other- wise made available to the Department of Agriculture, the Food and Drug Administration or the Farm Credit Ad- ministration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropria- tions hearing process to any non-Department of Agri- culture, non-Department of Health and Human Services, or non-Farm Credit Administration employee.

SEC.

719.
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 pre- packaged news story intended for broadcast or distribution in the United States unless the story includes a clear noti- fication 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.
SEC.

720.

No employee of the Department of Agri- culture may be detailed or assigned from an agency or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
100 office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.

SEC.

721.
Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
SEC.

722.

None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological prod- uct subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353(b)(1)), to be dis- tributed to such professional electronically (in lieu of in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

101 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 pro- grams the Secretary shall not include incarcerated prison populations.

SEC.

724.
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 guaran- tees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Sec- retary notifies, in writing, the Committees on Appropria- tions of both Houses of Congress at least 15 days in ad- vance.
SEC.

725.

None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to sec- tion 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropria- tions Act, 2002 (7 U.S.C.
2235a; Public Law 107–76) shall be available for obligation without written notifica- tion to, and the prior approval of, the Committees on Ap- propriations 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
102 equipment, including equipment for the improvement, de- livery, and implementation of Departmental financial management, information technology, and other support systems necessary for the delivery of financial, administra- tive, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture.

SEC.

726.
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 ‘‘Enhanc- ing Retailer Standards in the Supplemental Nutrition As- sistance Program (SNAP)’’ published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed.

Reg.
90675) until the Secretary of Agri- culture amends the definition of the term ‘‘variety’’ as de- fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Fed- eral 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 num- ber 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 amend- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
103 ments, the Secretary shall apply the requirements regard- ing acceptable varieties and breadth of stock to Supple- mental 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.
SEC.

728.

None of the funds appropriated or other- wise made available by this Act shall be available for the United States Department of Agriculture to propose, fi- nalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C.

9701 after the date 19 of the enactment of this Act.

20 SEC.

729.
SEC.

729.

Of the unobligated balances from amounts made available for the supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.

1786), $315,000,000 are hereby re- scinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
104 an emergency requirement pursuant to a Concurrent Res- olution on the Budget or the Balanced Budget and Emer- gency Deficit Control Act of 1985.

SEC.

730.

Notwithstanding any provision of law that regulates the calculation and payment of overtime and hol- iday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C.
451 et seq., the Federal Meat Inspection Act, 21 U.S.C.

601 et seq, and the Egg Products Inspection Act, 21 U.S.C.

1031 et seq., for the cost of inspection services provided outside of an establishment’s approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged pursuant to this paragraph shall be deemed as overtime pay or holiday pay under section 1001(d) of the American Rescue Plan Act of 2021 (Public Law 117–2, 135 Stat.
242): Provided further, That sums received by the Secretary under this paragraph shall, in addition to other available funds, remain available until expended to the Secretary without further appropriation for the purpose of funding all costs associated with FSIS 22 inspections.

23 SEC.

731.

(a) The Secretary of Agriculture shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
105 (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 prac- tices; (C) livestock demographics and traceability; (D) epidemiological separation from poten- tial 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 con- sistent with United States obligations under its inter- national trade agreements.

21 22 23 24 SEC.

732.

In this fiscal year and thereafter, and not- withstanding any other provision of law, none of the funds made available by this Act may be used to implement sec- tion 3.7(f) of the Farm Credit Act of 1971 in a manner December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
106 inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act.

SEC.

733.

In this fiscal year and thereafter, and not- withstanding 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 dis- posal, 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.)
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 20 States.
21 22 23 24 (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, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

107 pipe clamps and restraints, valves, structural steel, rein- forced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or cat- egory 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 incon- sistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably avail- able quantities or of a satisfactory quality; or (3) inclusion of iron and steel products pro- duced 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 des- ignee 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 re- quest and accompanying information available by elec- tronic means, including on the official public Internet Web site of the Department.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

108 (d) This section shall be applied in a manner con- sistent 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 Ac- count’’ for carrying out the provisions described in sub- section (a)(1) for management and oversight of the re- quirements 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 re- ceived required approvals from State agencies prior to the date of enactment of this Act.
16 17 18 (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 rec- 19 ognized Indian Tribe.

20 21 22 23 24 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 commu- nicate to Members of Congress as described in 18 U.S.C.

25 1913.
25 1913.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

109 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 Insur- ance 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-Coopera- tive Service—Rural Economic Development Loans Pro- gram Account’’; ‘‘Rural Business-Cooperative Service— Rural Cooperative Development Grants’’; ‘‘Rural Busi- ness-Cooperative Service—Rural Microentrepreneur As- sistance 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 Pro- gram’’, to the maximum extent feasible, at least 10 per- cent of the funds shall be allocated for assistance in per- sistent poverty counties under this section, including, not- withstanding 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
110 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 cen- suses, 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 ac- tivities for which program levels have been made available by this Act that are not supported by budget authority, 10 the requirements of this section shall be applied to such 11 program level.
SEC.

737.

None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowl- edge receipt of a submission for an exemption for inves- tigational 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 submis- sion shall be deemed to have not been received by the Sec- retary, 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 enti- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
111 tled ‘‘Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,’’ and published on November 27, 2015, with respect to the regu- lation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.

SEC.

739.
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 Agri- culture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.

SEC.

740.
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 sec- tion 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.
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 Ag- ricultural Act of 2014 (7 U.S.C.

5940), subtitle G of the Agricultural Marketing Act of 1946, or sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
112 tion 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 out- side the State in which the hemp is grown or cul- tivated.

SEC.

742.
SEC.

742.

There is hereby appropriated $3,000,000, to remain available until expended, for grants under sec- tion 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 Re- form 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
113 areas where the Secretary determines a risk of loss of af- fordable housing, by non-profit housing organizations and public housing authorities as authorized by law that com- mit to keep such properties in the RHS multi-family hous- ing program for a period of time as determined by the Secretary.

SEC.

746.

There is hereby appropriated $4,000,000, to carry out section 4208 of Public Law 115–334, includ- ing for project locations in additional regions.

SEC.

747.
SEC.

747.

There is hereby appropriated $4,000,000 to carry out section 12301 of Public Law 115–334, Farm- ing Opportunities Training and Outreach.

SEC.

748.
SEC.

748.

In response to an eligible community where the drinking water supplies are inadequate due to a nat- ural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide po- table water through the Emergency Community Water As- sistance Grant Program for an additional period of time not to exceed 120 days beyond the established period pro- vided under the Program in order to protect public health.

SEC.

749.
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 Adminis- trator, are in place to ensure that emergency food aid is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
114 received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inap- propriate purposes.

SEC.

750.
750.

In this fiscal year and thereafter, and not- withstanding any other provision of law, ARS facilities as described in the ‘‘Memorandum of Understanding Be- tween 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 13 its regulations and standards.
SEC.

751.

None of the funds made available by this Act may be used to procure raw or processed poultry prod- ucts 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 24 (42 U.S.C.

1771 et seq.).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

115 SEC.

752.
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.
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 assess- ment research: Provided, That the Secretary may transfer such funds among appropriations of the Department of Agriculture for purposes of making such grants.

SEC.

755.
SEC.

755.

There is hereby appropriated $400,000 to carry out section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

5925(g)(4)(B)) as amended by section 7209 of Public Law 25 115–334.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

116 SEC.

756.
756.

Hereafter, none of the funds made avail- able by this Act or any other Act, may be used to pay the salaries or expenses of personnel to implement any ac- tivities related to the permitting of non-recording of ob- served violations of the Animal Welfare Act or its regula- tions on official inspection reports.

SEC.

757.

For necessary expenses associated with cotton classing activities pursuant to 7 U.S.C.
55, to in- clude 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 Sep- tember 30, 2024: Provided, That amounts made available in this section shall be treated as funds collected by fees authorized under Mar.

4, 1923, ch.

288, §5, 42 Stat.

1518, as amended (7 U.S.C.

55).

SEC.

758.


Notwithstanding any other provision of law, no funds available to the Department of Agriculture may be used to move any staff office or any agency from the mission area in which it was located on August 1, 2018, to any other mission area or office within the De- partment in the absence of the enactment of specific legis- 22 lation affirming such move.

23 24 25 SEC.

759.
23 24 25 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

117 the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Preven- tion Act (16 U.S.C.

1001 et seq.
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 pro- grams pursuant to section 1252(a)(1) of the Food Secu- rity Act of 1985 (16 U.S.C.

3851(a)(1)), notwithstanding 10 subsection (c) of such section.

11 SEC.

760.
In administering the pilot program estab- lished by section 779 of division A of the Consolidated Ap- propriations Act, 2018 (Public Law 115–141), the Sec- retary of Agriculture may, for purposes of determining en- tities eligible to receive assistance, consider those commu- nities which are ‘‘Areas Rural in Character’’: Provided, That not more than 10 percent of the funds made avail- able under the heading ‘‘Distance Learning, Telemedicine, and Broadband Program’’ for the purposes of the pilot program established by section 779 of Public Law 115– 141 may be used for this purpose.
SEC.

761.

None of the funds made available by this Act may be used to pay the salaries or expenses of per- 24 sonnel— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

118 (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C.

603); (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation).

SEC.

762.

In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until expended, to implement non-renew- able agreements on eligible lands, including flooded agri- cultural lands, as determined by the Secretary, under the Water Bank Act (16 U.S.C.

1301–1311).

SEC.

763.


Out of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commis- sioner of Food and Drugs, shall, not later than September 30, 2023, and following the review required under Execu- tive Order No.

12866 (5 U.S.C.
12866 (5 U.S.C.

601 note; relating to regu- latory planning and review), issue advice revising the ad- vice provided in the notice of availability entitled ‘‘Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
119 Advice; Availability’’ (82 Fed.

Reg.

6571 (January 19, 2017)), in a manner that is consistent with nutrition science recognized by the Food and Drug Administration on the net effects of seafood consumption.

SEC.

764.
SEC.

764.

There is hereby appropriated $5,000,000, to remain available until expended, to carry out section 2103 of Public Law 115–334: Provided, That the Sec- retary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wet- land acres, and conservation compliance requests.

SEC.

765.
SEC.

765.

Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bio- engineered Food Disclosure Standard (February 19, 2019) shall include the words ‘‘genetically engineered’’ prior to the existing acceptable market name.

SEC.

766.
There is appropriated to the Department of Agriculture, for an additional amount for ‘‘Agricultural Programs—Processing, Research, and Marketing—Office of the Secretary’’, $5,000,000, which shall remain avail- able 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 af- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
120 fected by PFAS contamination with costs related to miti- gate the impacts to their operation that have resulted from such contamination and indemnifying agricultural pro- ducers for the value of unmarketable crops, livestock, and other agricultural products related to PFAS contamina- tion: Provided, That the Secretary shall prioritize such as- sistance 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 pro- grams, either administratively or legislatively, to increase support for agricultural producers impacted by PFAS con- tamination and to enhance scientific knowledge on PFAS uptake in crops and livestock and PFAS mitigation and remediation methods and disseminate such knowledge to 21 agricultural producers.
22 23 24 25 SEC.

767.

The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2023, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
121 Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Fa- cilities Program Account, Rural Business Program Ac- count, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with re- spect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.
SEC.

768.

There is hereby appropriated $500,000 to carry out the duties of the working group established under section 770 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Ap- propriations Act, 2019 (Public Law 116–6; 133 Stat.

89).

SEC.

769.
For an additional amount for the Office of the Secretary, $15,000,000, to remain available until expended, to continue the Institute for Rural Partnerships as established in section 778 of Public Law 117–103: Pro- vided, That the Institute for Rural Partnerships shall con- tinue to dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges: Pro- vided further, That administrative or other fees shall not exceed one percent: Provided further, That such partner- ship shall coordinate and publish an annual report.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

122 SEC.

770.

Of the unobligated balances from prior year appropriations made available under the heading ‘‘Farm Service Agency—Agricultural Credit Insurance Fund Program Account’’, $73,000,000 are hereby re- scinded.

SEC.

771.
SEC.

771.

In addition to the amount of reimburse- ment 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 de- scribed in section 101 of title I of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C.
1621 note), there is hereby appropriated $25,000,000, to remain available until expended, to pay, with respect to such contracts for the 2021 reinsurance year, an amount that is equal to the difference between the amount to be paid pursuant to the SRA for the applicable reinsurance year and the amount that would be paid if such contracts were not subject to a reduction described in subsection (a)(2)(G) of section III of the SRA but subject to a reimbursement rate equal to 17.5 percent of the net book premium.
SEC.

772.

For an additional amount for the ‘‘Office of the Secretary’’, $1,300,000, to remain available until expended, for the Secretary, in consultation with the Sec- retary of the Department of Health and Human Services, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
123 to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study of the eight topics and scientific questions related to alco- hol previously published by USDA and HHS and other relevant topics: Provided, That the panel or panels estab- lished by the National Academies Sciences, Engineering, and Medicine to conduct the study shall operate in a fully transparent manner and include a balanced representation of individuals who have expertise in the health effects of alcohol consumption, are unbiased, and are free from con- flicts of interests: Provided further, That the findings and recommendations of the study shall be based on the pre- ponderance of the scientific and medical knowledge con- sistent with section 5341 of title 7 of United States Code: Provided further, That not later than eighteen months after the date of enactment of this Act, the National Acad- emies of Sciences, Engineering, and Medicine shall submit its report to the Secretary of Agriculture, the Secretary of Health and Human Services, and the Congress of its systematic review and data analysis of the eight research topics: Provided further, That the Secretary of Agriculture shall ensure that the 2025 Dietary Guidelines for Ameri- cans process includes a recommendation for alcohol and shall be based on the preponderance of scientific and med- ical knowledge consistent with section 5341 of title 7 of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
124 United States Code: Provided further, That the Secretary of Agriculture shall ensure the process is fully transparent and includes a balanced representation of individuals who are unbiased and free from conflicts of interest.

SEC.

773.
The Secretary, as part of the report on foreign landholding required under the Agricultural For- eign Investment Disclosure Act (Public Law 95–460), shall report to Congress on foreign investments in agricul- tural land in the United States, including the impact for- eign ownership has on family farms, rural communities, and the domestic food supply: Provided, That within 3 years after the enactment of this Act, the Secretary shall establish a streamlined process for electronic submission and retention of disclosures made under the Agricultural Foreign Investment Disclosure Act, including an internet database that contains disaggregated data from each dis- closure submitted: Provided further, That all prior year disclosures of foreign investments in agricultural land in the United States are published in the database: Provided further, That the plan includes a process to ensure the protection of personally identifiable information and that all disclosures of foreign investments in agricultural land on the USDA website be disaggregated by: (1) in any case in which such foreign person is an individual, the citizen- ship of such foreign person; and (2) in any case in which December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
125 such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or orga- nized, and the principal place of business of such foreign person.

SEC.

774.

Notwithstanding any other provision of law, the common name ‘‘Kanpachi’’ shall serve as an ac- ceptable market name under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

301 et seq.)

for labeling and marketing of ocean-farmed Seriola rivoliana.

SEC.
SEC.

775.

In this or any subsequent fiscal year, the Secretary of Homeland Security shall transfer to the Sec- retary of Agriculture the operation of and all property re- quired to operate the National Bio- and Agro-Defense Fa- cility in Manhattan, Kansas: Provided, That, such transfer of function shall include the transfer of up to 40 full time equivalent positions, to be completed within 120 days of the effective date of the transfer of function, as jointly determined by the Secretaries.

SEC.

776.
SEC.

776.

(a) Section 260 of the Agricultural Mar- keting Act of 1946 (7 U.S.C.

1636i) is amended by strik- ing ‘‘2022’’ and inserting ‘‘2023’’.

(b) Section 942 of the Livestock Mandatory Report- ing Act of 1999 (7 U.S.C.

1635 note; Public Law 106– 78) is amended by striking ‘‘2022’’ and inserting ‘‘2023’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
126 SEC.

777.

Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C.

1769(g)) is amend- ed by striking ‘‘Access to Local Foods: Farm to School Program.’’ and inserting ‘‘Access to Local Foods: Patrick Leahy Farm to School Program’’.

SEC.

778.

Notwithstanding 7 U.S.C.


1991(a)(13), the Secretary shall consider a city or town to be a rural area for the purposes of eligibility for a guaranteed loan funded through the Rural Community Facilities Program Account if the project to be funded received a prior loan from such account in fiscal year 2021.

SEC.

779.
SEC.

779.

Of the unobligated balances in the ‘‘Non- recurring Expenses Fund’’ established in section 742 of division A of Public Law 113–235, $150,000,000 are hereby rescinded not later than September 30, 2023.

SEC.

780.

Funds made available in the Consolidated Appropriations Act, 2018 (Public Law 115–141) for the ‘‘Rural Community Facilities Program Account’’ under section 306 of the Consolidated Farm and Rural Develop- ment Act, 7 U.S.C.
1926, for the principal amount of di- rect loans are to remain available through fiscal year 2028 for the liquidation of valid obligations incurred in fiscal 23 year 2018.

24 25 SEC.

781.

Of the unobligated balances from amounts made available to carry out section 749(g) of the Agricul- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
127 tural Appropriations Act of 2010 (Public Law 111–80), $80,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were des- ignated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2023’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
128 DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION OPERATIONS AND ADMINISTRATION For necessary expenses for international trade activi- ties of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attract- ing, and retaining business investment in the United States, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted over- seas; travel and transportation of employees of the Inter- national Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of tem- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
129 porary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; not to ex- ceed $325,000 for purchase of armored vehicles without regard to the general purchase price limitations; obtaining insurance on official motor vehicles; and rental of tie lines, $625,000,000, of which $85,000,000 shall remain avail- able until September 30, 2024: Provided, That $12,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwith- standing section 3302 of title 31, United States Code: Pro- vided further, That, of amounts provided under this head- ing, not less than $16,400,000 shall be for China anti- dumping and countervailing duty enforcement and compli- ance activities: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in car- rying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
130 clude payment for assessments for services provided as part of these activities: Provided further, That, of amounts provided under this heading, up to $3,000,000, to remain available until expended, shall be for the purpose of car- rying out a pilot fellowship program of the United States Commercial Service under which the Secretary of Com- merce may make competitive grants to appropriate institu- tions of higher education or students to increase the level of knowledge and awareness of, and interest in employ- ment with, that Service among minority students: Pro- vided further, That any grants awarded under such pro- gram shall be made pursuant to regulations to be pre- scribed by the Secretary, which shall require as a condition of the initial receipt of grant funds, a commitment by pro- spective grantees to accept full-time employment in the Global Markets unit of the International Trade Adminis- tration upon the completion of participation in the pro- 18 gram.
BUREAU OF INDUSTRY AND SECURITY OPERATIONS AND ADMINISTRATION For necessary expenses for export administration and national security activities of the Department of Com- merce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
131 immediate families of employees stationed overseas; em- ployment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for offi- cial representation expenses abroad; awards of compensa- tion to informers under the Export Control Reform Act of 2018 (subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public Law 115–232; 132 Stat.
2208; 50 U.S.C.

4801 et seq.

), and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.

223; 22 U.S.C.
223; 22 U.S.C.

401(b)); and purchase of passenger motor vehicles for official use and motor vehi- cles for law enforcement use with special requirement vehi- cles eligible for purchase without regard to any price limi- tation otherwise established by law, $191,000,000, of which $76,000,000 shall remain available until expended: Provided, That the provisions of the first sentence of sec- tion 105(f) and all of section 108(c) of the Mutual Edu- cational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these ac- tivities: Provided further, That payments and contribu- tions collected and accepted for materials or services pro- vided as part of such activities may be retained for use December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
132 in covering the cost of such activities, and for providing information to the public with respect to the export admin- istration and national security activities of the Depart- ment of Commerce and other export control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, and for grants authorized by sections 27, 28, 29, and 30 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3722, 3722a, 3722b, and 3723), as amended, $430,000,000 to remain available until expended, of which $50,000,000 shall be for grants under section 27, $41,000,000 shall be for grants under section 28, $41,000,000 shall be for grants under section 29 in amounts determined by the Secretary, and $2,500,000 shall be for grants under section 30: Provided, That any deviation from the amounts designated for specific activi- ties in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

133 SALARIES AND EXPENSES For necessary expenses of administering the eco- nomic development assistance programs as provided for by law, $68,000,000: Provided, That funds provided under this heading may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976; title II of the Trade Act of 1974; sections 27 through 30 of the Stevenson-Wydler Technology Innova- tion Act of 1980 (15 U.S.C.
3722–3723), as amended; and the Community Emergency Drought Relief Act of 1977.

MINORITY BUSINESS DEVELOPMENT AGENCY MINORITY BUSINESS DEVELOPMENT For necessary expenses of the Minority Business De- velopment Agency in fostering, promoting, and developing minority business enterprises, as authorized by law, $70,000,000.
ECONOMIC AND STATISTICAL ANALYSIS SALARIES AND EXPENSES For necessary expenses, as authorized by law, of eco- nomic and statistical analysis programs of the Department of Commerce, $130,000,000, to remain available until 22 September 30, 2024.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
134 BUREAU OF THE CENSUS CURRENT SURVEYS AND PROGRAMS For necessary expenses for collecting, compiling, ana- lyzing, preparing, and publishing statistics, provided for by law, $330,000,000: Provided, That, from amounts pro- vided herein, funds may be used for promotion, outreach, and marketing activities.
PERIODIC CENSUSES AND PROGRAMS For necessary expenses for collecting, compiling, ana- lyzing, preparing, and publishing statistics for periodic 11 censuses and programs provided for by law, 12 13 14 $1,155,000,000, to remain available until September 30, 2024: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and mar- 15 keting activities.
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION SALARIES AND EXPENSES For necessary expenses, as provided for by law, of the National Telecommunications and Information Ad- ministration (NTIA), $62,000,000, to remain available until September 30, 2024: Provided, That, notwith- standing 31 U.S.C.
1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spec- trum management, analysis, operations, and related serv- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
135 ices, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Sec- retary of Commerce is authorized to retain and use as off- setting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until ex- 12 pended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION For the administration of prior-year grants, recov- eries and unobligated balances of funds previously appro- priated are available for the administration of all open 18 grants until their expiration.
UNITED STATES PATENT AND TRADEMARK OFFICE SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, in- cluding defense of suits instituted against the Under Sec- retary of Commerce for Intellectual Property and Director December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
136 of the USPTO, $4,253,404,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collec- tions of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2023, so as to result in a fiscal year 2023 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2023, should the total amount of such offsetting collections be less than $4,253,404,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of $4,253,404,000 in fiscal year 2023 and deposited in the Patent and Trade- mark Fee Reserve Fund shall remain available until ex- pended: Provided further, That the Director of USPTO shall submit a spending plan to the Committees on Appro- priations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogram- ming under section 505 of this Act and shall not be avail- able for obligation or expenditure except in compliance with the procedures set forth in that section: Provided fur- ther, That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office ‘‘Salaries and Ex- penses’’ account: Provided further, That the budget of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
137 President submitted for fiscal year 2024 under section 1105 of title 31, United States Code, shall include within amounts provided under this heading for necessary ex- penses of the USPTO any increases that are expected to result from an increase promulgated through rule or regu- lation in offsetting collections of fees and surcharges as- sessed and collected by the USPTO under any law in ei- ther fiscal year 2023 or fiscal year 2024: Provided further, That from amounts provided herein, not to exceed $13,500 shall be made available in fiscal year 2023 for official reception and representation expenses: Provided further, That in fiscal year 2023 from the amounts made available for ‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by sec- tion 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO’s specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO’s specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
138 Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM’s yearly 300 series benefit letters and the factors that OPM provides for USPTO’s specific use shall be recognized as an im- puted cost on USPTO’s financial statements, where appli- cable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and col- lected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amend- ed by section 22 of the Leahy-Smith America Invents Act (Public Law 112–29): Provided further, That within the amounts appropriated, $2,450,000 shall be transferred to the ‘‘Office of Inspector General’’ account for activities as- sociated with carrying out investigations and audits re- 20 lated to the USPTO.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the National Institute of Standards and Technology (NIST), $953,000,000, to re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
139 main available until expended, of which not to exceed $9,000,000 may be transferred to the ‘‘Working Capital Fund’’: Provided, That of the amounts appropriated under this heading, $62,532,000 shall be used for the projects, and in the amounts, specified in the table immediately fol- lowing the paragraph ‘‘NIST STRS Community Project Funding/NIST External Projects’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $5,000 shall be for official reception and representation expenses: Pro- vided further, That NIST may provide local transportation for summer undergraduate research fellowship program 16 participants.
INDUSTRIAL TECHNOLOGY SERVICES For necessary expenses for industrial technology services, $212,000,000, to remain available until ex- pended, of which $175,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $37,000,000 shall be for the Manufacturing USA Pro- 23 gram.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
140 CONSTRUCTION OF RESEARCH FACILITIES For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise pro- vided for the National Institute of Standards and Tech- nology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act (15 U.S.C.
278c–278e), $462,285,000, to remain available until expended: Provided, That of the amounts appro- priated under this heading, $332,285,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph ‘‘NIST Construction Community Project Funding/NIST Extramural Construc- tion’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That up to one percent of amounts made available for the projects referenced in the preceding proviso may be used for the administrative costs of such projects: Provided further, That the Director of the Na- tional Institute of Standards and Technology shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
141 gation or expenditure except in compliance with the proce- dures set forth in that section: Provided further, That the Secretary of Commerce shall include in the budget jus- tification materials for fiscal year 2024 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Stand- ards and Technology construction project having a total multi-year program cost of more than $5,000,000, and si- multaneously the budget justification materials shall in- clude an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries manage- ment, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to coop- erative agreements; and relocation of facilities, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
142 $4,500,997,000, to remain available until September 30, 2024: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the sala- ries and expenses associated with those activities, notwith- standing section 3302 of title 31, United States Code: Pro- vided further, That in addition, $344,901,000 shall be de- rived by transfer from the fund entitled ‘‘Promote and De- velop Fishery Products and Research Pertaining to Amer- ican Fisheries’’, which shall only be used for fishery activi- ties related to the Saltonstall-Kennedy Grant Program; Fisheries Data Collections, Surveys, and Assessments; Ob- servers and Training; Fisheries Management Programs and Services; and Interjurisdictional Fisheries Grants: Provided further, That not to exceed $71,299,000 shall be for payment to the ‘‘Department of Commerce Working 17 Capital Fund’’: Provided further, That of the $4,868,898,000 provided for in direct obligations under this heading, $4,500,997,000 is appropriated from the general fund, $344,901,000 is provided by transfer, and $23,000,000 is derived from recoveries of prior year obli- gations: Provided further, That of the amounts appro- priated under this heading, $111,465,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph ‘‘NOAA Community December 19, 2022 (11:48 p.m.)
 U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
143 Project Funding/NOAA Special Projects’’ in the explana- tory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided fur- ther, That the amounts made available for the projects ref- erenced in the preceding proviso may not be transferred for any other purpose: Provided further, That any devi- ation from the amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the pro- cedures set forth in section 505 of this Act: Provided fur- ther, That in addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents’ Medical Care Act (10 U.S.C.
ch.

55), such 18 sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,653,630,000, to remain available until September 30, 2025, except that funds provided for acquisition and con- struction of vessels and aircraft, and construction of facili- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
144 ties shall remain available until expended: Provided, That of the $1,666,630,000 provided for in direct obligations under this heading, $1,653,630,000 is appropriated from the general fund and $13,000,000 is provided from recov- eries of prior year obligations: Provided further, That any deviation from the amounts designated for specific activi- ties in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Pro- vided further, That the Secretary of Commerce shall in- clude in budget justification materials for fiscal year 2024 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oce- anic and Atmospheric Administration procurement, acqui- sition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal 23 years.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
145 PACIFIC COASTAL SALMON RECOVERY For necessary expenses associated with the restora- tion of Pacific salmon populations, $65,000,000, to re- main available until September 30, 2024: Provided, That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the feder- ally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for con- servation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining popu- lations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.
FISHERIES DISASTER ASSISTANCE For necessary expenses of administering the fishery disaster assistance programs authorized by the Magnuson- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

146 Stevens Fishery Conservation and Management Act (Pub- lic Law 94–265) and the Interjurisdictional Fisheries Act (title III of Public Law 99–659), $300,000.
FISHERMEN’S CONTINGENCY FUND For carrying out the provisions of title IV of Public Law 95–372, not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2023, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for tradi- tional direct loans as authorized by the Merchant Marine 15 Act of 1936.
DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representa- tion, $95,000,000: Provided, That no employee of the De- partment of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Depart- ment of Commerce for more than 180 days in a fiscal year December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
147 unless the individual’s employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading: Provided further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant to section 508 of this or any prior Act to the account funded under this heading, except in the case of extraordinary circumstances that threaten life or property.
RENOVATION AND MODERNIZATION For necessary expenses for the renovation and mod- ernization of the Herbert C. Hoover Building, $1,142,000.
NONRECURRING EXPENSES FUND For necessary expenses for technology modernization projects and cybersecurity risk mitigation of the Depart- ment of Commerce, $35,000,000, to remain available until September 30, 2025: Provided, That amounts made avail- able under this heading are in addition to such other funds as may be available for such purposes: Provided further, That any unobligated balances of expired discretionary funds transferred to the Department of Commerce Non- recurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116–93, may be obli- gated only after the Committees on Appropriations of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
148 House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.

OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C.

App.

), $48,000,000.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE (INCLUDING TRANSFER OF FUNDS) SEC.

101.
101.

During the current fiscal year, applicable appropriations and funds made available to the Depart- ment of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C.

1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the 18 public interest.

19 SEC.

102.

During the current fiscal year, appropria- tions made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C.

1343 and 1344; services as authorized by 5 U.S.C.


3109; and uniforms or allowances therefor, as authorized 25 by law (5 U.S.C.

5901–5902).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

149 SEC.

103.
Not to exceed 5 percent of any appropria- tion made available for the current fiscal year for the De- partment of Commerce in this Act may be transferred be- tween such appropriations, but no such appropriation shall be increased by more than 10 percent by any such trans- fers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under sec- tion 505 of this Act and shall not be available for obliga- tion or expenditure except in compliance with the proce- dures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Ap- propriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department 16 of Commerce.
SEC.

104.
The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2023: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
150 Geostationary Operational Environmental Satellite R-Se- ries Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

SEC.

105.
Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (in- cluding but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the mainte- nance, operation, and protection of which has been dele- gated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Adminis- trative Services Act of 1949 on a reimbursable or non- reimbursable basis.
Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is author- ized, up to $200,000, shall be credited to the appropria- tion or fund which initially bears the costs of such services.

SEC.

106.

Nothing in this title shall be construed to prevent a grant recipient from deterring child pornog- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
151 raphy, copyright infringement, or any other unlawful ac- tivity over its networks.

SEC.

107.
The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the lim- its of available appropriations, the land, services, equip- ment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmos- 14 pheric Administration.
SEC.

108.

The National Technical Information Serv- ice shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online.
Should a cus- tomer still require the Service to provide a printed or dig- ital copy of the report or document, the charge shall be limited to recovering the Service’s cost of processing, re- producing, and delivering such report or document.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

152 SEC.

109.
To carry out the responsibilities of the Na- tional Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, per- sonnel, and facilities provided by; and (3) receive and ex- pend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local govern- ment, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading ‘‘Na- tional Oceanic and Atmospheric Administration—Oper- ations, Research, and Facilities’’ and shall remain avail- able until September 30, 2024, for such purposes: Pro- vided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act.
SEC.

110.
Amounts provided by this Act or by any prior appropriations Act that remain available for obliga- tion, for necessary expenses of the programs of the Eco- nomics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Fed- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
153 eral, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available.

SEC.

111.
SEC.

111.

Amounts provided by this Act for the Hol- lings Manufacturing Extension Partnership under the heading ‘‘National Institute of Standards and Tech- nology—Industrial Technology Services’’ shall not be sub- ject to cost share requirements under 15 U.S.C.
278k(e)(2): Provided, That the authority made available pursuant to this section shall be elective, in whole or in part, for any Manufacturing Extension Partnership Cen- ter that also receives funding from a State that is condi- tioned upon the application of a Federal cost sharing re- 15 quirement.

16 SEC.

112.
SEC.

112.

The Secretary of Commerce, or the des- ignee of the Secretary, may waive— (1) in whole or in part, the matching require- ments under sections 306 and 306A, and the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455, 1455a, and 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading ‘‘Operations, Re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
154 search, and Facilities’’ under the heading ‘‘National Oceanic and Atmospheric Administration’’; and (2) up to 50 percent of the matching require- ments under sections 306 and 306A, and the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455, 1455a, and 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading ‘‘Procurement, Ac- quisition and Construction’’ under the heading ‘‘Na- tional Oceanic and Atmospheric Administration’’.

This title may be cited as the ‘‘Department of Com- merce Appropriations Act, 2023’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
155 TITLE II DEPARTMENT OF JUSTICE GENERAL ADMINISTRATION SALARIES AND EXPENSES For expenses necessary for the administration of the Department of Justice, $145,000,000, of which $4,000,000 shall remain available until September 30, 2024, and of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended.
JUSTICE INFORMATION SHARING TECHNOLOGY (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information sharing tech- nology, including planning, development, deployment and departmental direction, $138,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $40,000,000 to this account, from funds available to the Department of Justice for information technology, to remain available until expended, for enter- prise-wide information technology initiatives: Provided fur- ther, That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act: Provided further, That any transfer pursuant to the first proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
156 for obligation or expenditure except in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the administration of im- migration-related activities of the Executive Office for Im- migration Review, $860,000,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the ‘‘Immigration Examinations Fee’’ account, and of which not less than $29,000,000 shall be available for services and activities provided by the Legal Orientation Program: Provided, That not to exceed $50,000,000 of the total amount made available under this heading shall remain available until September 30, 2027, for build-out and modifications of 16 courtroom space.
OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, $139,000,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential char- acter: Provided, That not to exceed $4,000,000 shall re- main available until September 30, 2024.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
157 UNITED STATES PAROLE COMMISSION SALARIES AND EXPENSES For necessary expenses of the United States Parole Commission as authorized, $14,591,000: Provided, That, notwithstanding any other provision of law, upon the expi- ration of a term of office of a Commissioner, the Commis- sioner may continue to act until a successor has been ap- pointed.
LEGAL ACTIVITIES SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, includ- ing not to exceed $20,000 for expenses of collecting evi- dence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency peti- tions; and rent of private or Government-owned space in the District of Columbia, $1,138,000,000, of which not to exceed $50,000,000 for litigation support contracts and information technology projects, including cybersecurity and hardening of critical networks, shall remain available until expended: Provided, That of the amount provided for INTERPOL Washington dues payments, not to exceed $685,000 shall remain available until expended: Provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
158 further, That of the total amount appropriated, not to ex- ceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Pro- vided further, That of the total amount appropriated, not to exceed $9,000 shall be available to the Criminal Divi- sion for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for liti- gation activities of the Civil Division, the Attorney General may transfer such amounts to ‘‘Salaries and Expenses, General Legal Activities’’ from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the pre- ceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obli- gation or expenditure except in compliance with the proce- dures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring pro- gram under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Per- sonnel Management for such salaries and expenses: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
159 vided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended: Provided further, That any funds provided under this heading in prior year appropriations Acts that remain available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) may also be used to carry out any authorized purposes of the Civil 10 Rights Division: Provided further, That amounts repurposed by the preceding proviso may not be used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the De- partment of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, $31,738,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and to remain available until 18 expended.
SALARIES AND EXPENSES, ANTITRUST DIVISION For expenses necessary for the enforcement of anti- trust and kindred laws, $225,000,000, to remain available until expended, of which not to exceed $5,000 shall be available for official reception and representation ex- penses: Provided, That notwithstanding any other provi- sion of law, fees collected for premerger notification filings December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
160 under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collec- tion (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 ex- pended: Provided further, That the sum herein appro- priated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2023, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $35,000,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and coop- erative agreements, $2,632,000,000: Provided, That of the total amount appropriated, not to exceed $19,600 shall be available for official reception and representation ex- penses: Provided further, That not to exceed $40,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or par- ticipate in a task force on human trafficking.
UNITED STATES TRUSTEE SYSTEM FUND For necessary expenses of the United States Trustee Program, as authorized, $255,000,000, to remain avail- able until expended: Provided, That, notwithstanding any other provision of law, deposits of discretionary offsetting December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
161 collections to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary to pay refunds due deposi- tors: Provided further, That, notwithstanding any other provision of law, fees deposited into the Fund as discre- tionary offsetting collections pursuant to section 589a of title 28, United States Code (as limited by section 589a(f)(2) of title 28, United States Code), shall be re- tained and used for necessary expenses in this appropria- tion and shall remain available until expended: Provided further, That to the extent that fees deposited into the Fund as discretionary offsetting collections in fiscal year 2023, net of amounts necessary to pay refunds due deposi- tors, exceed $255,000,000, those excess amounts shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2023, net of amounts necessary to pay refunds due deposi- tors, (estimated at $269,000,000) and (2) to the extent that any remaining general fund appropriations can be de- rived from amounts deposited in the Fund as discretionary offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $0.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

162 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,504,000.
FEES AND EXPENSES OF WITNESSES For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including ad- vances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the pur- chase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $35,000,000 is for the purchase, installation, maintenance, and up- grade of secure telecommunications equipment and a se- cure automated information network to store and retrieve the identities and locations of protected witnesses: Pro- vided, That amounts made available under this heading may not be transferred pursuant to section 205 of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
163 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Community Relations Service, $25,024,000: Provided, That notwithstanding sec- tion 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention ac- tivities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Re- lations Service, from available appropriations for the cur- rent fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided fur- ther, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or ex- penditure except in compliance with the procedures set forth in that section.
ASSETS FORFEITURE FUND For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
164 UNITED STATES MARSHALS SERVICE SALARIES AND EXPENSES For necessary expenses of the United States Mar- shals Service, $1,705,000,000, of which not to exceed $20,000 shall be available for official reception and rep- resentation expenses, and not to exceed $25,000,000 shall remain available until expended.
CONSTRUCTION For construction in space that is controlled, occupied, or utilized by the United States Marshals Service for pris- oner holding and related support, $18,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION For necessary expenses related to United States pris- oners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $2,129,789,000, to remain available until expended: Provided, That not to exceed $20,000,000 shall be consid- ered ‘‘funds appropriated for State and local law enforce- ment assistance’’ pursuant to section 4013(b) of title 18, United States Code: Provided further, That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
165 NATIONAL SECURITY DIVISION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For expenses necessary to carry out the activities of the National Security Division, $133,512,000, of which not to exceed $5,000,000 for information technology sys- tems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a deter- mination by the Attorney General that emergent cir- cumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available ap- propriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such cir- cumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogram- ming under section 505 of this Act and shall not be avail- able for obligation or expenditure except in compliance with the procedures set forth in that section.
INTERAGENCY LAW ENFORCEMENT INTERAGENCY CRIME AND DRUG ENFORCEMENT For necessary expenses for the identification, inves- tigation, and prosecution of individuals associated with the most significant drug trafficking organizations, 25 transnational organized crime, and money laundering or- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
166 ganizations not otherwise provided for, to include inter- governmental agreements with State and local law en- forcement agencies engaged in the investigation and pros- ecution of individuals involved in transnational organized crime and drug trafficking, $550,458,000, of which $50,000,000 shall remain available until expended: Pro- vided, That any amounts obligated from appropriations under this heading may be used under authorities avail- able to the organizations reimbursed from this appropria- 10 tion.
FEDERAL BUREAU OF INVESTIGATION SALARIES AND EXPENSES For necessary expenses of the Federal Bureau of In- vestigation for detection, investigation, and prosecution of crimes against the United States, $10,676,000,000, of which not to exceed $216,900,000 shall remain available until expended: Provided, That not to exceed $284,000 shall be available for official reception and representation 19 expenses.
CONSTRUCTION For necessary expenses, to include the cost of equip- ment, furniture, and information technology requirements, related to construction or acquisition of buildings, facili- ties, and sites by purchase, or as otherwise authorized by law; conversion, modification, and extension of federally December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
167 owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $651,895,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Drug Enforcement Ad- ministration, including not to exceed $70,000 to meet un- foreseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and ex- penses for conducting drug education and training pro- grams, including travel and related expenses for partici- pants in such programs and the distribution of items of token value that promote the goals of such programs, $2,563,116,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided, That, notwithstanding section 3672 of Public Law 106–310, up to $10,000,000 may be used to reimburse States, units of local government, Indian Tribal Governments, other public entities, and multi-jurisdic- tional or regional consortia thereof for expenses incurred to clean up and safely dispose of substances associated with clandestine methamphetamine laboratories, conver- sion and extraction operations, tableting operations, or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
168 laboratories and processing operations for fentanyl and fentanyl-related substances which may present a danger to public health or the environment.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES SALARIES AND EXPENSES For necessary expenses of the Bureau of Alcohol, To- bacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimburse- ment, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory as- sistance to State and local law enforcement agencies, with or without reimbursement, $1,672,000,000, of which not to exceed $36,000 shall be for official reception and rep- resentation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $25,000,000 shall remain available until ex- pended: Provided, That none of the funds appropriated herein shall be available to investigate or act upon applica- tions for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
169 from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bu- reau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments.
CONSTRUCTION For necessary expenses related to construction of lab- oratory facilities, to include the cost of equipment, fur- niture, and information technology requirements; con- struction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conver- sion, modification and extension of federally owned build- ings; and preliminary planning and design of projects; $75,000,000, to remain available until expended.
FEDERAL PRISON SYSTEM SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $8,392,588,000: Provided, That not less than $409,483,000 shall be for the programs and activities authorized by the First Step December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
170 Act of 2018 (Public Law 115–391), of which not less than 2 percent shall be transferred to and merged with the ap- propriation for ‘‘Office of Justice Programs—Research, Evaluation and Statistics’’ for the National Institute of Justice to carry out evaluations of programs and activities related to the First Step Act of 2018: Provided further, That the Attorney General may transfer to the Depart- ment of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correc- tional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to per- sons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further, That not to ex- ceed $50,000,000 shall remain available until expended for necessary operations: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reim- bursable agreements, and other expenses: Provided fur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
171 ther, That the Director of the Federal Prison System may accept donated property and services relating to the oper- ation of the prison card program from a not-for-profit en- tity which has operated such program in the past, notwith- standing the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System re- lating to the operation of pre-release services, halfway houses, or other custodial facilities.
BUILDINGS AND FACILITIES For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facili- ties at existing penal and correctional institutions, includ- ing all necessary expenses incident thereto, by contract or force account, $108,000,000, to remain available until ex- pended: Provided, That labor of United States prisoners may be used for work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED The Federal Prison Industries, Incorporated, is here- by authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commit- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
172 ments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be com- puted on an accrual basis to be determined in accordance with the corporation’s current prescribed accounting sys- tem, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such account- ing system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acqui- sition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

173 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES OFFICE ON VIOLENCE AGAINST WOMEN VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of vio- lence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10101 et seq.)
(‘‘the 1968 Act’’); title II of the Civil Rights Act of 1968 (commonly known as the ‘‘Indian Civil Rights Act of 1968’’) (Public Law 90–284) (‘‘the Indian Civil Rights Act’’); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 (Public Law 101– 647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.)

(‘‘the 1974 Act’’); the Victims of Trafficking and Vi- olence Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 Act’’); the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Violence Against Women Reauthorization Act of 2013 (Public Law 113– December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
174 4) (‘‘the 2013 Act’’); the Justice for Victims of Traf- ficking Act of 2015 (Public Law 114–22) (‘‘the 2015 Act’’); and the Abolish Human Trafficking Act (Public Law 115–392); and the Violence Against Women Act Re- authorization Act of 2022 (division W of Public Law 117– 103) (‘‘the 2022 Act’’); and for related victims services, $700,000,000, to remain available until expended: Pro- vided, That except as otherwise provided by law, not to exceed 5 percent of funds made available under this head- ing may be used for expenses related to evaluation, train- ing, and technical assistance: Provided further, That of the 12 amount provided— (1) $255,000,000 is for grants to combat vio- lence against women, as authorized by part T of the 1968 Act, and any applicable increases for the amount of such grants, as authorized by section 5903 of the James M. Inhofe National Defense Au- thorization Act for Fiscal Year 2023: Provided, That $10,000,000 shall be for any such increases under such section 5903, which shall apply to fiscal year 2023 grants funded by amounts provided in this paragraph; (2) $50,000,000 is for transitional housing as- sistance grants for victims of domestic violence, dat- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
175 ing violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $2,500,000 is for the National Institute of Justice and the Bureau of Justice Statistics for re- search, evaluation, and statistics of violence against women and related issues addressed by grant pro- grams of the Office on Violence Against Women, which shall be transferred to ‘‘Research, Evaluation and Statistics’’ for administration by the Office of Justice Programs; (4) $17,000,000 is for a grant program to pro- vide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and as- sistance to middle and high school students through education and other services related to such violence, of which $3,500,000 is to engage men and youth in preventing domestic violence, dating violence, sexual assault, and stalking: Provided, That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
176 That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $60,500,000 is for grants to improve the criminal justice response as authorized by part U of title I the 1968 Act, of which $4,000,000 is for a homicide reduction initiative; up to $4,000,000 is for a domestic violence lethality reduction initiative; $8,000,000 is for an initiative to promote effective policing and prosecution responses to domestic vio- lence, dating violence, sexual assault, and stalking, including evaluation of the effectiveness of funded interventions (‘‘Policing and Prosecution Initia- tive’’); and $1,000,000 is for an initiative to enhance prosecution and investigation of online abuse and harassment (‘‘Prosecution and Investigation of On- line Abuse Initiative’’): Provided, That subsections (c) and (d) of section 2101 of the 1968 Act shall not apply to the Policing and Prosecution Initiative or the Prosecution and Investigation of Online Abuse Initiative; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
177 (6) $78,500,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $50,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $25,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act, of which $12,500,000 is for grants to Historically Black Colleges and Uni- versities, Hispanic-Serving Institutions, and Tribal colleges and universities; (9) $55,000,000 is for legal assistance for vic- tims, as authorized by section 1201 of the 2000 Act; (10) $9,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40801 of the 1994 Act; (11) $22,000,000 is for grants to support fami- lies in the justice system, as authorized by section 1301 of the 2000 Act: Provided, That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
178 (12) $12,000,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $1,000,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as author- ized by section 904 of the 2005 Act: Provided, That such funds may be transferred to ‘‘Research, Eval- uation and Statistics’’ for administration by the Of- fice of Justice Programs; (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; (16) $11,000,000 is for programs to assist Tribal Governments in exercising special Tribal criminal jurisdiction, as authorized by section 204 of the Indian Civil Rights Act: Provided, That the grant conditions in section 40002(b) of the 1994 Act shall apply to grants made; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
179 (17) $2,500,000 is for the purposes authorized under the 2015 Act; (18) $15,000,000 is for a grant program to support restorative justice responses to domestic vio- lence, dating violence, sexual assault, and stalking, including evaluations of those responses: Provided, That the definitions and grant conditions in section 109 of the 2022 Act, shall apply to this program; (19) $11,000,000 is for culturally specific serv- ices for victims, as authorized by section 121 of the 2005 Act; (20) $3,000,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Spe- cial Assistant United States Attorneys: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (21) $1,000,000 is for an initiative to support victims of domestic violence, dating violence, sexual assault, and stalking, including through the provi- sion of technical assistance, as authorized by section 206 of the 2022 Act: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (22) $2,000,000 is for a National Deaf Services Line to provide remote services to Deaf victims of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
180 domestic violence, dating violence, sexual assault, and stalking: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this service line; (23) $5,000,000 is for grants for outreach and services to underserved populations, as authorized by section 120 of the 2005 Act; (24) $4,000,000 is for an initiative to provide financial assistance to victims, including evaluation of the effectiveness of funded projects: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (25) $5,000,000 is for trauma-informed, victim- centered training for law enforcement, and related research and evaluation activities, as authorized by section 41701 of the 1994 Act; and (26) $1,500,000 is for a pilot program to im- prove victim services on college campuses.
OFFICE OF JUSTICE PROGRAMS RESEARCH, EVALUATION AND STATISTICS For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
181 Juvenile Justice and Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act (34 U.S.C.

11291 et seq.
); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21) (‘‘the PROTECT Act’’); the Justice for All Act of 2004 (Public Law 108–405); the Violence Against Women and Department of Justice Re- authorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990 (Pub- lic Law 101–647); the Second Chance Act of 2007 (Public Law 110–199); the Victims of Crime Act of 1984 (Public Law 98–473); the Adam Walsh Child Protection and Safe- ty Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008 (Public Law 110–401); subtitle C of title II of the Homeland Se- curity Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the Prison Rape Elimination Act of 2003 (Public Law 108–79) (‘‘PREA’’); the NICS Improvement Amend- ments Act of 2007 (Public Law 110–180); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198); the First Step Act of 2018 (Public Law 115–391); and other programs, $77,000,000, to remain available until ex- 25 pended, of which— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
182 (1) $42,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act; and (2) $35,000,000 is for research, development, and evaluation programs, and other activities as au- thorized by part B of title I of the 1968 Act and subtitle C of title II of the 2002 Act, and for activi- ties authorized by or consistent with the First Step Act of 2018, of which $7,500,000 is for research targeted toward developing a better understanding of the domestic radicalization phenomenon, and ad- vancing evidence-based strategies for effective inter- vention and prevention; $1,000,000 is for research to study the root causes of school violence to include the impact and effectiveness of grants made under the STOP School Violence Act of 2018 (title V of division S of Public Law 115–141); $1,000,000 is for research on violence against American Indians and Alaska Natives or otherwise affecting indigenous communities, in connection with extractive industry activities; $1,000,000 is for research on gun violence prevention; $1,000,000 is for surveys on the campus sexual assault climate; $1,200,000 is for a study on certain school-based crimes; and $1,000,000 is for a December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
183 study on law enforcement and community agency re- sponses to opioid overdoses.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351) (‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108– 405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Trafficking Victims Pro- tection Reauthorization Act of 2005 (Public Law 109– 164) (‘‘the TVPRA of 2005’’); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic- tims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) (‘‘the Victims of Trafficking Act’’); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); subtitle C of title II of the Homeland Se- curity Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the Prison Rape Elimination Act of 2003 (Public Law 108–79) (‘‘PREA’’); the Second Chance Act of 2007 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
184 (Public Law 110–199); the Prioritizing Resources and Or- ganization for Intellectual Property Act of 2008 (Public Law 110–403); the Victims of Crime Act of 1984 (Public Law 98–473); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); the Violence Against Women Reauthorization Act of 2013 (Public Law 113– 4) (‘‘the 2013 Act’’); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) (‘‘CARA’’); the Justice for All Reauthorization Act of 2016 (Public Law 114–324); Kevin and Avonte’s Law (division Q of Public Law 115–141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Athletes Safe Act of 2018 (title III of division S of Public Law 115–141) (‘‘the Keep Young Athletes Safe Act’’); the STOP School Violence Act of 2018 (title V of division S of Public Law 115–141) (‘‘the STOP School Violence Act’’); the Fix NICS Act of 2018 (title VI of division S of Public Law 115–141); the Project Safe Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115–185); the SUPPORT for Patients and Communities Act (Public Law 115–271); the Second Chance Reauthorization Act of 2018 (Public Law 115– 391); the Matthew Shepard and James Byrd, Jr.
Hate Crimes Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018 (Public Law 115–401); the Missing Per- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

185 sons and Unidentified Remains Act of 2019 (Public Law 116–277); the Jabara-Heyer NO HATE Act (34 U.S.C.
30507); the Violence Against Women Act Reauthorization Act of 2022 (division W of Public Law 117–103 (‘‘the 2022 Act’’); and other programs, $2,416,805,000, to re- main available until expended as follows— (1) $770,805,000 for the Edward Byrne Memo- rial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1— (A) $13,000,000 is for an Officer Robert Wilson III memorial initiative on Preventing Vi- olence Against Law Enforcement and Ensuring Officer Resilience and Survivability (VALOR); (B) $3,500,000 is for the operation, main- tenance, and expansion of the National Missing and Unidentified Persons System; (C) $10,000,000 is for a grant program for State and local law enforcement to provide officer training on responding to individuals with mental illness or disabilities; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
186 (D) $5,000,000 is for a student loan re- payment assistance program pursuant to sec- tion 952 of Public Law 110–315; (E) $15,500,000 is for prison rape preven- tion and prosecution grants to States and units of local government, and other programs, as au- thorized by PREA; (F) $3,000,000 is for the Missing Ameri- cans Alert Program (title XXIV of the 1994 Act), as amended by Kevin and Avonte’s Law; (G) $20,000,000 is for grants authorized under the Project Safe Neighborhoods Grant Authorization Act of 2018 (Public Law 115– 185); (H) $13,000,000 is for the Capital Litiga- tion Improvement Grant Program, as author- ized by section 426 of Public Law 108–405, and for grants for wrongful conviction review; (I) $3,000,000 is for a national center on restorative justice; (J) $1,000,000 is for the purposes of the Ashanti Alert Communications Network as au- thorized under the Ashanti Alert Act of 2018 (Public Law 115–401); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
187 (K) $3,500,000 is for a grant program to replicate and support family-based alternative sentencing programs; (L) $2,000,000 is for a grant program to support child advocacy training in post-sec- ondary education; (M) $8,000,000 is for a rural violent crime initiative, including assistance for law enforce- ment; (N) $6,000,000 is for grants authorized under the Missing Persons and Unidentified Remains Act of 2019 (Public Law 116–277); (O) $4,000,000 is for a drug data research center to combat opioid abuse; (P) $1,500,000 is for grants to accredited institutions of higher education to support fo- rensic ballistics programs; (Q) $229,551,000 is for discretionary grants to improve the functioning of the crimi- nal justice system, to prevent or combat juve- nile delinquency, and to assist victims of crime (other than compensation), which shall be used for the projects, and in the amounts, specified under the heading, ‘‘Byrne Discretionary Com- munity Project Grants/Byrne Discretionary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
188 Grants’’, in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That such amounts may not be transferred for any other purpose; (R) $5,000,000 is for the purposes author- ized under section 1506 of the 2022 Act; (S) $5,000,000 is for a program to im- prove virtual training for law enforcement; and (T) $7,000,000 is for programs for cybercrime enforcement, as authorized by sec- tions 1401 and 1402 of the 2022 Act; (2) $234,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(I)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(I)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facili- ties; (3) $95,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of the Victims of Trafficking Act, by the TVPRA of 2005, or programs authorized under Public Law 113–4; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
189 (4) $13,000,000 for a grant program to prevent and address economic, high technology, white collar, and Internet crime, including as authorized by sec- tion 401 of Public Law 110–403, of which not less than $2,500,000 is for intellectual property enforce- ment grants including as authorized by section 401, and $2,000,000 is for grants to develop databases on Internet of Things device capabilities and to build and execute training modules for law enforcement; (5) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities; (6) $30,000,000 for the Patrick Leahy Bullet- proof Vest Partnership Grant Program, as author- ized by section 2501 of title I of the 1968 Act: Pro- vided, That $1,500,000 shall be transferred directly to the National Institute of Standards and Tech- nology’s Office of Law Enforcement Standards for research, testing, and evaluation programs; (7) $1,000,000 for the National Sex Offender Public Website; (8) $95,000,000 for grants to States to up- grade criminal and mental health records for the National Instant Criminal Background Check Sys- tem, of which no less than $25,000,000 shall be for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
190 grants made under the authorities of the NICS Im- provement Amendments Act of 2007 (Public Law 110–180) and Fix NICS Act of 2018; (9) $35,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (10) $170,000,000 for DNA-related and foren- sic programs and activities, of which— (A) $130,000,000 is for the purposes au- thorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (Public Law 106–546) (the Debbie Smith DNA Backlog Grant Program): Provided, That up to 4 per- cent of funds made available under this para- graph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program (Public Law 108–405, section 303); (B) $20,000,000 for other local, State, and Federal forensic activities; (C) $15,000,000 is for the purposes de- scribed in the Kirk Bloodsworth Post-Convic- tion DNA Testing Grant Program (Public Law 108–405, section 412); and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
191 (D) $5,000,000 is for Sexual Assault Fo- rensic Exam Program grants, including as au- thorized by section 304 of Public Law 108–405; (11) $55,000,000 for community-based grant programs to improve the response to sexual assault, including assistance for investigation and prosecu- tion of related cold cases; (12) $15,000,000 for the court-appointed spe- cial advocate program, as authorized by section 217 of the 1990 Act; (13) $60,000,000 for assistance to Indian Tribes; (14) $125,000,000 for offender reentry pro- grams and research, as authorized by the Second Chance Act of 2007 (Public Law 110–199) and by the Second Chance Reauthorization Act of 2018 (Public Law 115–391), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed— (A) $8,000,000 is for a program to im- prove State, local, and Tribal probation or pa- role supervision efforts and strategies; (B) $5,000,000 is for children of incarcer- ated parents demonstration programs to en- hance and maintain parental and family rela- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
192 tionships for incarcerated parents as a reentry or recidivism reduction strategy; (C) $5,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model imple- menting swift and certain sanctions in proba- tion, of which no less than $500,000 shall be used for a project that provides training, tech- nical assistance, and best practices; and (D) $10,000,000 is for a grant program for crisis stabilization and community reentry, as authorized by the Crisis Stabilization and Community Reentry Act of 2020 (Public Law 116–281): Provided, That up to $7,500,000 of funds made available in this paragraph may be used for perform- ance-based awards for Pay for Success projects, of which up to $5,000,000 shall be for Pay for Success programs implementing the Permanent Supportive Housing Model and reentry housing; (15) $445,000,000 for comprehensive opioid use reduction activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and substance use dis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
193 orders consistent with underlying program authori- ties, of which— (A) $95,000,000 is for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (B) $45,000,000 is for mental health courts and adult and juvenile collaboration pro- gram grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Re- authorization and Improvement Act of 2008 (Public Law 110–416); (C) $45,000,000 is for grants for Residen- tial Substance Abuse Treatment for State Pris- oners, as authorized by part S of title I of the 1968 Act; (D) $35,000,000 is for a veterans treat- ment courts program; (E) $35,000,000 is for a program to mon- itor prescription drugs and scheduled listed chemical products; and (F) $190,000,000 is for a comprehensive opioid, stimulant, and substance use disorder program; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
194 (16) $2,500,000 for a competitive grant pro- gram authorized by the Keep Young Athletes Safe Act; (17) $82,000,000 for grants to be administered by the Bureau of Justice Assistance for purposes au- thorized under the STOP School Violence Act; (18) $3,500,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal of- fenses involving civil rights, authorized by the Em- mett Till Unsolved Civil Rights Crimes Reauthoriza- tion Act of 2016 (Public Law 114–325); (19) $25,000,000 for grants to State, local, and Tribal law enforcement agencies to conduct edu- cational outreach and training on hate crimes and to investigate and prosecute hate crimes, as authorized by section 4704 of the Matthew Shepard and James Byrd, Jr.
Hate Crimes Prevention Act (Public Law 111–84); (20) $10,000,000 for grants to support commu- nity-based approaches to advancing justice and rec- onciliation, facilitating dialogue between all parties, building local capacity, de-escalating community ten- sions, and preventing hate crimes through conflict December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
195 resolution and community empowerment and edu- cation; (21) $10,000,000 for programs authorized under the Jabara-Heyer NO HATE Act (34 U.S.C.
30507); and (22) $120,000,000 for initiatives to improve po- lice-community relations, of which $35,000,000 is for a competitive matching grant program for pur- chases of body-worn cameras for State, local, and Tribal law enforcement; $35,000,000 is for a justice reinvestment initiative, for activities related to crimi- nal justice reform and recidivism reduction; and $50,000,000 is for a community violence interven- tion and prevention initiative: Provided, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative pub- lic sector safety service: Provided further, That in the spending plan submitted pursuant to section 528 of this Act, the Office of Justice Programs shall specifically and explicitly identify all changes in the administration of com- petitive grant programs for fiscal year 2023, including December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
196 changes to applicant eligibility, priority areas or weightings, and the application review process.
JUVENILE JUSTICE PROGRAMS For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s Assistance Act (34 U.S.C.

11291 et seq.
); the PROTECT Act (Public Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008 (Public Law 110– 401); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Justice for All Reauthorization Act of 2016 (Public Law 114– 324); the Missing Children’s Assistance Act of 2018 (Pub- lic Law 115–267); the Juvenile Justice Reform Act of 2018 (Public Law 115–385); the Victims of Crime Act of 1984 (chapter XIV of title II of Public Law 98–473) (‘‘the 1984 Act’’); the Comprehensive Addiction and Re- covery Act of 2016 (Public Law 114–198); and other juve- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
197 nile justice programs, $400,000,000, to remain available until expended as follows— (1) $75,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organi- zations with the Federal grants process: Provided, That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local, and Tribal juvenile justice resi- dential facilities; (2) $107,000,000 for youth mentoring grants; (3) $65,000,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act— (A) $5,000,000 shall be for grants to pre- vent trafficking of girls; (B) $17,000,000 shall be for the Tribal Youth Program; (C) $500,000 shall be for an Internet site providing information and resources on children of incarcerated parents; (D) $5,500,000 shall be for competitive grants focusing on girls in the juvenile justice system; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
198 (E) $12,500,000 shall be for an initiative relating to youth affected by opioids, stimu- lants, and substance use disorder; (F) $10,000,000 shall be for an initiative relating to children exposed to violence; and (G) $2,000,000 shall be for grants to pro- tect vulnerable and at-risk youth; (4) $41,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $105,000,000 for missing and exploited children programs, including as authorized by sec- tions 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110–401) shall not apply for purposes of this Act); (6) $4,500,000 for child abuse training pro- grams for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and (7) $2,500,000 for a program to improve juve- nile indigent defense: Provided, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activi- ties designed to benefit the programs or activities author- ized: Provided further, That not more than 2 percent of the amounts designated under paragraphs (1) through (3) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
199 and (6) may be used for training and technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant to sec- tions 261 and 262 of the 1974 Act and to missing and exploited children programs.
PUBLIC SAFETY OFFICER BENEFITS (INCLUDING TRANSFER OF FUNDS) For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (in- cluding amounts for administrative costs), to remain avail- able until expended; and $34,800,000 for payments au- thorized by section 1201(b) of such Act and for edu- cational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That not- withstanding section 205 of this Act, upon a determina- tion by the Attorney General that emergent circumstances require additional funding for such disability and edu- cation payments, the Attorney General may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from avail- able appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding pro- viso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
200 or expenditure except in compliance with the procedures set forth in that section.
COMMUNITY ORIENTED POLICING SERVICES COMMUNITY ORIENTED POLICING SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For activities authorized by the Violent Crime Con- trol and Law Enforcement Act of 1994 (Public Law 103– 322); the Omnibus Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the American Law Enforcement Heroes Act of 2017 (Public Law 115– 37); the Law Enforcement Mental Health and Wellness Act (Public Law 115–113) (‘‘the LEMHW Act’’); the SUPPORT for Patients and Communities Act (Public Law 115–271); and the Supporting and Treating Officers In Crisis Act of 2019 (Public Law 116–32) (‘‘the STOIC Act’’), $662,880,000, to remain available until expended: Provided, That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further, That of the amount provided under this heading— (1) $324,000,000 is for grants under section 1701 of title I of the 1968 Act (34 U.S.C.
10381) for the hiring and rehiring of additional career law December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

201 enforcement officers under part Q of such title not- withstanding subsection (i) of such section: Pro- vided, That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or re- hiring a career law enforcement officer may not ex- ceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further, That of the amounts appropriated under this paragraph, $34,000,000 is for improving Tribal law enforce- ment, including hiring, equipment, training, anti- methamphetamine activities, and anti-opioid activi- ties: Provided further, That of the amounts appro- priated under this paragraph, $44,000,000 is for re- gional information sharing activities, as authorized by part M of title I of the 1968 Act, which shall be transferred to and merged with ‘‘Research, Evalua- tion, and Statistics’’ for administration by the Office of Justice Programs: Provided further, That of the amounts appropriated under this paragraph, no less than $4,000,000 is to support the Tribal Access Program: Provided further, That of the amounts ap- propriated under this paragraph, $10,000,000 is for training, peer mentoring, mental health program ac- tivities, and other support services as authorized December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
202 under the LEMHW Act and the STOIC Act: Pro- vided further, That of the amounts appropriated under this paragraph, $7,500,000 is for the collabo- rative reform model of technical assistance in fur- therance of section 1701 of title I of the 1968 Act (34 U.S.C.
10381); (2) $12,000,000 is for activities authorized by the POLICE Act of 2016 (Public Law 114–199); (3) $16,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished meth- amphetamine, laboratories, and laboratory dump sei- zures: Provided, That funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphet- amine traffickers; (4) $35,000,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for her- oin and other opioids: Provided, That these funds shall be utilized for investigative purposes to locate or investigate illicit activities, including activities re- lated to the distribution of heroin or unlawful dis- tribution of prescription opioids, or unlawful heroin December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
203 and prescription opioid traffickers through statewide collaboration; (5) $53,000,000 is for competitive grants to be administered by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title V of division S of Public Law 115–141); (6) $45,000,000 is for community policing de- velopment activities in furtherance of section 1701 of title I of the 1968 Act (34 U.S.C.
10381); and (7) $177,880,000 is for a law enforcement tech- nologies and interoperable communications program, and related law enforcement and public safety equip- ment, which shall be used for the projects, and in the amounts, specified under the heading, ‘‘Commu- nity Oriented Policing Services, Technology and Equipment Community Projects/ COPS Law En- forcement Technology and Equipment’’, in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That such amounts may not be transferred for any other purpose: Provided further, That grants funded by such amounts shall not be subject to section 1703 of title I of the 1968 Act (34 U.S.C.
10383).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

204 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE (INCLUDING TRANSFER OF FUNDS) SEC.

201.
201.

In addition to amounts otherwise made available in this title for official reception and representa- tion expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official re- ception and representation expenses.

SEC.

202.
SEC.

202.

None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Pro- vided, That should this prohibition be declared unconstitu- tional by a court of competent jurisdiction, this section 15 shall be null and void.

16 SEC.

203.
SEC.

203.

None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.

SEC.

204.
SEC.

204.

Nothing in the preceding section shall re- move the obligation of the Director of the Bureau of Pris- ons to provide escort services necessary for a female in- mate to receive such service outside the Federal facility: Provided, That nothing in this section in any way dimin- ishes the effect of section 203 intended to address the phil- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

osophical beliefs of individual employees of the Bureau of 205 Prisons.

SEC.
SEC.

205.
Not to exceed 5 percent of any appropria- tion made available for the current fiscal year for the De- partment of Justice in this Act may be transferred be- tween such appropriations, but no such appropriation, ex- cept as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in com- pliance with the procedures set forth in that section: Pro- vided further, That this section shall not apply to the fol- lowing— (1) paragraph 1(Q) under the heading ‘‘State and Local Law Enforcement Assistance’’; and (2) paragraph (7) under the heading ‘‘Commu- nity Oriented Policing Services Programs’’.
SEC.

206.

None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
206 Bureau of Prisons as appropriately secure for housing such a prisoner.

SEC.

207.

(a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable tele- vision services, or to rent or purchase audiovisual or elec- tronic media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, main- tenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational 11 programs.

12 SEC.

208.
None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total es- timated development costs in excess of $100,000,000, un- less the Deputy Attorney General and the investment re- view board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mecha- nisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.
SEC.

209.

The notification thresholds and procedures set forth in section 505 of this Act shall apply to devi- ations from the amounts designated for specific activities December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
207 in this Act and in the explanatory statement described in section 4 (in the matter preceding division A of this con- solidated Act), and to any use of deobligated balances of funds provided under this title in previous years.

SEC.

210.
SEC.

210.

None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any suc- cessor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated.

SEC.

211.
SEC.

211.

Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, 18 United States Code.

19 SEC.

212.
SEC.

212.

At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the head- ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus- 25 tice Programs’’— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
208 (1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reim- bursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such head- ings, except for amounts appropriated specifically for research, evaluation, or statistical programs adminis- tered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National In- stitute of Justice and the Bureau of Justice Statis- tics, to be used by them for research, evaluation, or statistical purposes, without regard to the authoriza- tions for such grant or reimbursement programs.
This section shall not apply to paragraph 1(Q) under the heading ‘‘State and Local Law Enforcement Assist- ance’’.

19 SEC.

213.
SEC.

213.

Upon request by a grantee for whom the Attorney General has determined there is a fiscal hard- ship, the Attorney General may, with respect to funds ap- propriated in this or any other Act making appropriations for fiscal years 2020 through 2023 for the following pro- grams, waive the following requirements: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
209 (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10631 et seq.

), the requirements under section 2976(g)(1) of such part (34 U.S.C.

10631(g)(1)).

(2) For grants to protect inmates and safe- guard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 (34 U.S.C.

30305(c)(3)), the requirements of section 6(c)(3) of such Act.

SEC.

214.
SEC.

214.

Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.

12109(a)) shall not apply to amounts made avail- able by this or any other Act.

17 SEC.

215.
SEC.

215.

None of the funds made available under this Act, other than for the national instant criminal back- ground check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an indi- vidual if the Federal law enforcement officer knows or sus- pects that the individual is an agent of a drug cartel, un- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

210 less law enforcement personnel of the United States con- tinuously monitor or control the firearm at all times.

SEC.

216.
SEC.

216.

(a) None of the income retained in the De- partment of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.

784; 28 U.S.C.

527 note) shall be available for obligation during fiscal year 2023, except up to $12,000,000 may be obligated for implementation of a unified Department of Justice finan- cial management system.
(b) Not to exceed $30,000,000 of the unobligated bal- ances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.

784; 28 U.S.C.

527 note) shall be available for obligation in fiscal year 2023, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds under sec- 17 tion 505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobli- gated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obliga- tion during fiscal year 2023, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act.

SEC.

217.
SEC.

217.

Discretionary funds that are made avail- able in this Act for the Office of Justice Programs may December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

211 be used to participate in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in appropriations acts in prior fiscal years and the current fiscal year.

SEC.

218.
SEC.

218.

The Attorney General shall submit to the Committees on Appropriations of the House of Represent- atives and the Senate quarterly reports on the Crime Vic- tims Fund, the Working Capital Fund, the Three Percent Fund, and the Asset Forfeiture Fund.

Such quarterly re- ports shall contain at least the same level of information and detail for each Fund as was provided to the Commit- tees on Appropriations of the House of Representatives and the Senate in fiscal year 2022.

SEC.

219.
SEC.

219.

Section 3201 of Public Law 101–647, as amended (28 U.S.C.

509 note), is hereby amended: (1) by striking ‘‘or the Immigration and Naturalization Serv- ice’’ and inserting ‘‘the Federal Prison System, the Bu- reau of Alcohol, Tobacco, Firearms and Explosives, or the United States Marshals Service’’; and (2) by striking ‘‘$25,000’’ and inserting ‘‘$50,000’’.

SEC.

220.
SEC.

220.

None of the funds made available under this Act may be used to conduct, contract for, or otherwise support, live tissue training, unless the Attorney General issues a written, non-delegable determination that such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

212 training is medically necessary and cannot be replicated by alternatives.

SEC.

221.
SEC.

221.

(a) DESIGNATION.—The facilities of the Federal Bureau of Investigation at Redstone Arsenal, Ala- bama, shall be known and designated as the ‘‘Richard Shelby Center for Innovation and Advanced Training’’.
(b) REFERENCES.—Any reference in a law, map, reg- ulation, document, paper, or other record of the United States to the facilities of the Federal Bureau of Investiga- tion at Redstone Arsenal referred to in subsection (a) shall be deemed to be a reference to the ‘‘Richard Shelby Center for Innovation and Advanced Training’’.

This title may be cited as the ‘‘Department of Justice 14 Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
213 TITLE III SCIENCE OFFICE OF SCIENCE AND TECHNOLOGY POLICY For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the Na- tional Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.

6601 et seq.
6601 et seq.

), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Colum- bia, $7,965,000.

13 NATIONAL SPACE COUNCIL For necessary expenses of the National Space Coun- cil, in carrying out the purposes of title V of Public Law 100–685 and Executive Order No.
13803, hire of pas- senger motor vehicles, and services as authorized by sec- tion 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, $1,965,000: Provided, That notwithstanding any other provision of law, the National Space Council may accept personnel support from Federal agencies, departments, and offices, and such Federal agencies, departments, and offices may detail staff without reimbursement to the Na- tional Space Council for purposes provided herein.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
214 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SCIENCE For necessary expenses, not otherwise provided for, in the conduct and support of science research and devel- opment activities, including research, development, oper- ations, support, and services; maintenance and repair, fa- cility planning and design; space flight, spacecraft control, and communications activities; program management; per- sonnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,795,000,000, to remain available until Sep- tember 30, 2024.
AERONAUTICS For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft con- trol, and communications activities; program manage- ment; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; pur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
215 chase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $935,000,000, to remain available until September 30, 2024.
SPACE TECHNOLOGY For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, develop- ment, operations, support, and services; maintenance and repair, facility planning and design; space flight, space- craft control, and communications activities; program management; personnel and related costs, including uni- forms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel ex- penses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $1,200,000,000, to remain available until September 30, 2024: Provided, That $227,000,000 shall be for On-orbit Servicing, As- sembly, and Manufacturing 1: Provided further, That $110,000,000 shall be for the development, production, and demonstration of a nuclear thermal propulsion sys- tem, of which not less than $45,000,000 shall be for reac- tor development, not less than $45,000,000 shall be for fuel materials development, and not less than $20,000,000 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
216 shall be for non-nuclear systems development and acquisi- tion planning: Provided further, That, not later than 180 days after the enactment of this Act, the National Aero- nautics and Space Administration shall provide a plan for the design of a flight demonstration.
EXPLORATION For necessary expenses, not otherwise provided for, in the conduct and support of Artemis Campaign Develop- ment activities, including research, development, oper- ations, support, and services; maintenance and repair, fa- cility planning and design; space flight, spacecraft control, and communications activities; program management; per- sonnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,468,850,000, to remain available until Sep- tember 30, 2024: Provided, That not less than $1,338,700,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not less than 22 23 24 25 $2,600,000,000 shall be for the Space Launch System (SLS) launch vehicle, which shall have a lift capability not less than 130 metric tons and which shall have core ele- ments and an Exploration Upper Stage developed simulta- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
217 neously to be used to the maximum extent practicable, in- cluding for Earth to Moon missions and Moon landings: Provided further, That of the amounts provided for SLS, not less than $600,000,000 shall be for SLS Block 1B development including the Exploration Upper Stage and associated systems including related facilitization, to sup- port an SLS Block 1B mission available to launch in 2025 in addition to the planned Block 1 missions for Artemis I through Artemis III: Provided further, That $799,150,000 shall be for Exploration Ground Systems and associated Block 1B activities, including up to $281,350,000 for a second mobile launch platform: Pro- vided further, That the National Aeronautics and Space Administration shall provide to the Committees on Appro- priations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated system that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and associ- ated ground systems that will ensure a crewed launch as early as possible, as well as a system-based funding profile for a sustained launch cadence that contemplates the use of an SLS Block 1B cargo variant with an 8.4 meter fair- ing and associated ground systems: Provided further, That $2,600,300,000 shall be for Artemis Campaign Develop- 25 ment.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
218 SPACE OPERATIONS For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, develop- ment, operations, support and services; space flight, space- craft control, and communications activities, including op- erations, production, and services; maintenance and re- pair, facility planning and design; program management; personnel and related costs, including uniforms or allow- ances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and ad- ministrative aircraft, $4,250,000,000, to remain available until September 30, 2024.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, includ- ing uniforms or allowances therefor, as authorized by sec- tions 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
219 and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $143,500,000, to remain available until September 30, 2024, of which $26,000,000 shall be for the Established Program to Stimulate Competitive Research and $58,000,000 shall be for the National Space Grant College and Fellowship Pro- gram.
SAFETY, SECURITY AND MISSION SERVICES For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; mainte- nance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, includ- ing uniforms or allowances therefor, as authorized by sec- tions 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and represen- tation expenses; and purchase, lease, charter, mainte- nance, and operation of mission and administrative air- craft, $3,129,451,000, to remain available until Sep- tember 30, 2024: Provided, That if available balances in the ‘‘Science, Space, and Technology Education Trust December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
220 Fund’’ are not sufficient to provide for the grant disburse- ments required under the third and fourth provisos under such heading in the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989 (Public Law 100–404) as amended by the Depart- ments of Veterans Affairs and Housing and Urban Devel- opment, and Independent Agencies Appropriations Act, 1995 (Public Law 103–327) up to $1,000,000 shall be available from amounts made available under this heading to make such grant disbursements: Provided further, That of the amounts appropriated under this heading, $30,701,000 shall be used for the projects, and in the amounts, specified in the table under the heading ‘‘NASA Community Projects/NASA Special Projects’’ in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred 19 for any other purpose.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modi- fication of facilities, construction of new facilities and ad- ditions to existing facilities, facility planning and design, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
221 and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compli- ance and restoration, $47,300,000, to remain available until September 30, 2028: Provided, That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in the preceding proviso shall be avail- able for obligation for fiscal year 2023 in an amount not to exceed $25,000,000: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds col- lected pursuant to section 20145 of title 51, United States 14 Code.
15 16 17 18 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $47,600,000, of which $500,000 shall remain available 19 until September 30, 2024.

20 21 22 23 24 ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

222 Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aero- nautics and Space Administration in this Act may be transferred between such appropriations, but no such ap- propriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such trans- fers.
Any funds transferred to ‘‘Construction and Environ- mental Compliance and Restoration’’ for construction ac- tivities shall not increase that account by more than 50 percent and any funds transferred to or within ‘‘Explo- ration’’ for Exploration Ground Systems shall not increase Exploration Ground Systems by more than $49,300,000.

Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred.
Any transfer pursu- ant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the pro- cedures set forth in that section.
Not to exceed 5 percent of any appropriation pro- vided for the National Aeronautics and Space Administra- tion under previous appropriations Acts that remains available for obligation or expenditure in fiscal year 2023 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
223 vided, shall be increased by more than 10 percent by any such transfers.

Any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in com- pliance with the procedures set forth in that section.
The spending plan required by this Act shall be pro- vided by the National Aeronautics and Space Administra- tion at the theme, program, project, and activity level.
The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that 16 section.
Not more than 20 percent or $50,000,000, whichever is less, of the amounts made available in the current-year Construction and Environmental Compliance and Restora- tion (CECR) appropriation may be applied to CECR projects funded under previous years’ CECR appropria- tions.
Use of current-year funds under this provision shall be treated as a reprogramming of funds under section 505 of this act and shall not be available for obligation except in compliance with the procedures set forth in that section.

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224 Of the amounts made available in this Act under the heading ‘‘Science, Technology, Engineering, and Mathe- matics Engagement’’ (‘‘STEM Engagement’’), up to $5,000,000 shall be available to jointly fund, with an addi- tional amount of up to $1,000,000 each from amounts made available in this Act under the headings ‘‘Science’’, ‘‘Aeronautics’’, ‘‘Space Technology’’, ‘‘Exploration’’, and ‘‘Space Operations’’, projects and activities for engaging students in STEM and increasing STEM research capac- 10 ities of universities, including Minority Serving Institu- 11 tions.
12 Section 30102(b) of title 51, United States Code, is 13 amended by: (1) Redesignating existing paragraph (3) to (4); and (2) Inserting, after paragraph (2), the fol- lowing: ‘‘(3) INFORMATION TECHNOLOGY (IT) MOD- ERNIZATION.—The fund shall also be available for the purpose of funding IT Modernization activities, as described in section 1077(b)(3)(A)–(E) of Public Law 115–91, on a non-reimbursable basis.’’.
Not to exceed $18,162,000 made available for the current fiscal year in this Act within ‘‘Safety, Security and Mission Services’’ may be transferred to the Working Cap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

225 ital Fund of the National Aeronautics and Space Adminis- tration.
Balances so transferred shall be available until ex- pended only for activities described in section 30102(b)(3) of title 51, United States Code, as amended by this Act, and shall remain available until expended.

Any transfer pursuant to this provision shall be treated as a reprogram- ming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.
NATIONAL SCIENCE FOUNDATION RESEARCH AND RELATED ACTIVITIES For necessary expenses in carrying out the National Science Foundation Act of 1950 (42 U.S.C.

1861 et seq.

), and Public Law 86–209 (42 U.S.C.

1880 et seq.
); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of air- craft; and authorized travel; $7,021,136,000, to remain available until September 30, 2024, of which not to exceed $640,000,000 shall remain available until expended for polar research and operations support, and for reimburse- ment to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided, That receipts for scientific support services and materials furnished by December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
226 the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation.

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION For necessary expenses for the acquisition, construc- tion, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursu- ant to the National Science Foundation Act of 1950 (42 U.S.C.

1861 et seq.
1861 et seq.

), including authorized travel, $187,230,000, to remain available until expended.

STEM EDUCATION For necessary expenses in carrying out science, math- ematics, and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 (42 U.S.C.

1861 et seq.
1861 et seq.

), includ- ing services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of con- 19 ference rooms in the District of Columbia, 20 $1,154,000,000, to remain available until September 30, 21 2024.

22 23 24 25 AGENCY OPERATIONS AND AWARD MANAGEMENT For agency operations and award management nec- essary in carrying out the National Science Foundation Act of 1950 (42 U.S.C.

1861 et seq.
1861 et seq.

); services authorized December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
227 by section 3109 of title 5, United States Code; hire of pas- senger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $448,000,000: Provided, That not to exceed $8,280 is for official reception and representation expenses: Provided further, That contracts may be entered into under this heading in fiscal year 2023 for maintenance and operation of facilities and for other services to be provided during 12 the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses (including payment of sala- ries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under sec- tion 3109 of title 5, United States Code) involved in car- rying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C.

1863) and Public Law 86–209 (42 U.S.C.

1880 et seq.
1880 et seq.

), $5,090,000: Provided, That not to exceed $2,500 shall be available for official reception 23 and representation expenses.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

228 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $23,393,000, of which $400,000 shall remain avail- able until September 30, 2024.
ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred be- tween such appropriations, but no such appropriation shall be increased by more than 10 percent by any such trans- fers.
Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned divestment through trans- fer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (in- cluding land, structures, and equipment) valued greater than $2,500,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

229 There is hereby established in the Treasury of the United States a fund to be known as the ‘‘National Science Foundation Nonrecurring Expenses Fund’’ (the Fund).
Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the National Science Foundation by this or any other Act may be trans- ferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund.
Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastruc- ture improvements, including nonrecurring maintenance, necessary for the operation of the Foundation or its fund- ed research facilities, subject to approval by the Office of Management and Budget.
Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.

This title may be cited as the ‘‘Science Appropria- 23 tions Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
230 TITLE IV RELATED AGENCIES COMMISSION ON CIVIL RIGHTS SALARIES AND EXPENSES For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $14,350,000: Provided, That none of the funds appro- priated in this paragraph may be used to employ any indi- viduals under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations exclusive of one spe- cial assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Commission: Provided further, That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly au- thorized by section 3 of the Civil Rights Commission Act of 1983 (42 U.S.C.
1975a): Provided further, That not- withstanding the preceding proviso, $2,000,000 shall be used to separately fund the Commission on the Social Sta- tus of Black Men and Boys.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
231 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Em- ployment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 (Public Law 110–233), the ADA Amend- ments Act of 2008 (Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in- cluding services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $31,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $455,000,000: Provided, That the Commission is author- ized to make available for official reception and represen- tation expenses not to exceed $2,250 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
232 Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Com- mission.
INTERNATIONAL TRADE COMMISSION SALARIES AND EXPENSES For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $122,400,000, to remain available until expended.
LEGAL SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $560,000,000, of which $516,100,000 is for basic field programs and required independent audits; $5,700,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $26,200,000 is for manage- ment and grants oversight; $5,000,000 is for client self- help and information technology; $5,000,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan repay- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
233 ment assistance: Provided, That the Legal Services Cor- poration may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based em- ployees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C.
2996d(d)): Provided further, That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corpora- tion: Provided further, That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any pur- pose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and 24 2023, respectively.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

234 MARINE MAMMAL COMMISSION SALARIES AND EXPENSES For necessary expenses of the Marine Mammal Com- mission as authorized by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1361 et seq.

), $4,500,000.
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE SALARIES AND EXPENSES For necessary expenses of the Office of the United States Trade Representative, including the hire of pas- senger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $61,000,000, of which $1,000,000 shall remain available until expended: Provided, That of the total amount made available under this heading, not to exceed $124,000 shall be available for official reception and representation expenses.
TRADE ENFORCEMENT TRUST FUND (INCLUDING TRANSFER OF FUNDS) For activities of the United States Trade Representa- tive authorized by section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.

4405), including transfers, $15,000,000, to be derived from the Trade Enforcement Trust Fund: Provided, That any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
235 transfer pursuant to subsection (d)(1) of such section shall be treated as a reprogramming under section 505 of this Act.

STATE JUSTICE INSTITUTE SALARIES AND EXPENSES For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C.

10701 et seq.)
10701 et seq.)

$7,640,000, of which $500,000 shall remain available until September 30, 2024: Provided, That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
236 TITLE V GENERAL PROVISIONS (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) SEC.

501.

No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

SEC.

502.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC.

503.
SEC.

503.

The expenditure of any appropriation under this Act for any consulting service through procure- ment contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC.

504.
SEC.

504.

If any provision of this Act or the applica- tion of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the applica- tion of each provision to persons or circumstances other than those as to which it is held invalid shall not be af- fected thereby.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
237 SEC.

505.
None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obli- gation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or ini- tiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or per- sonnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an of- fice or employees; (5) reorganizes or renames offices, pro- grams, or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal em- ployees; (7) augments existing programs, projects, or ac- tivities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as ap- proved by Congress; unless the House and Senate Com- mittees on Appropriations are notified 15 days in advance of such reprogramming of funds.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

238 SEC.

506.
(a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to re- ceive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspen- sion, and ineligibility procedures described in sections 10 9.400 through 9.409 of title 48, Code of Federal Regula- 11 tions.
(b)(1) To the extent practicable, with respect to au- thorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions.

(2) The term ‘‘promotional items’’ has the meaning given the term in OMB Circular A–87, Attachment B, 19 Item (1)(f)(3).

20 SEC.

507.
SEC.

507.

(a) The Departments of Commerce and Justice, the National Science Foundation, and the Na- tional Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Rep- resentatives and the Senate a quarterly report on the sta- tus of balances of appropriations at the account level.

For December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
239 unobligated, uncommitted balances and unobligated, com- mitted balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived.

For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation.

(b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting sys- tem and shall identify and describe in each quarterly re- port the extent to which such aspect is not fulfilled.

SEC.

508.
Any costs incurred by a department or agency funded under this Act resulting from, or to pre- vent, personnel actions taken in response to funding re- ductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds be- tween appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
240 of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property.

SEC.

509.
SEC.

509.

None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco 14 products of the same type.

15 SEC.

510.
SEC.

510.

Notwithstanding any other provision of law, amounts deposited or available in the Fund estab- lished by section 1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C.
20101) in any fiscal year in ex- cess of $1,900,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwith- standing section 1402(d) of such Act, of the amounts available from the Fund for obligation: (1) $10,000,000 shall be transferred to the Department of Justice Office of Inspector General and remain available until expended for oversight and auditing purposes associated with this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
241 section; and (2) 5 percent shall be available to the Office for Victims of Crime for grants, consistent with the re- quirements of the Victims of Crime Act, to Indian Tribes to improve services for victims of crime.

SEC.

511.
SEC.

511.

None of the funds made available to the Department of Justice in this Act may be used to discrimi- nate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.

SEC.

512.
SEC.

512.

None of the funds made available in this Act may be transferred to any department, agency, or in- strumentality of the United States Government, except pursuant to a transfer made by, or transfer authority pro- vided in, this Act or any other appropriations Act.

SEC.

513.
SEC.

513.

(a) The Inspectors General of the Depart- ment of Commerce, the Department of Justice, the Na- tional Aeronautics and Space Administration, the Na- tional Science Foundation, and the Legal Services Cor- poration shall conduct audits, pursuant to the Inspector General Act (5 U.S.C.

App.
App.

), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

242 ating such an audit and every 180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Adminis- trator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Inter- net website maintained by the Department, Administra- tion, Foundation, or Corporation, respectively.
The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any indi- vidual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a state- ment to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial inter- est in the person awarded the grant or contract.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
243 (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the require- ments in such subsections, consistently apply under the executive branch ethics program to all Federal depart- ments, agencies, and entities.
SEC.

514.
(a) None of the funds appropriated or oth- erwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aer- onautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate- impact information system, as defined for security cat- egorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, ‘‘Standards for Security Cat- egorization of Federal Information and Information Sys- tems’’ unless the agency has— (1) reviewed the supply chain risk for the infor- mation systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
244 moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the pre- sumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and (3) in consultation with the FBI or other ap- propriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as pos- ing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system re- viewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
245 (1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Commit- tees on Appropriations of the House of Representa- tives and the Senate and the agency Inspector Gen- eral.

SEC.

515.
SEC.

515.

None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract em- ployee of the United States Government.

SEC.

516.
SEC.

516.

None of the funds made available in this Act may be used to include in any new bilateral or multi- lateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement.

SEC.

517.
SEC.

517.

None of the funds made available in this Act may be used to authorize or issue a national security December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
246 letter in contravention of any of the following laws author- izing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Secu- rity Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts.

SEC.

518.
SEC.

518.

If at any time during any quarter, the pro- gram manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aero- nautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reason- able cause to believe that the total program cost has in- creased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Adminis- trator, or Director.
The Secretary, Administrator, or Di- rector shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new esti- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
247 mates of the total project or procurement costs; and a statement validating that the project’s management struc- ture is adequate to control total project or procurement costs.

SEC.

519.

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intel- ligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of sec- tion 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for fiscal year 2023.

SEC.

520.
None of the funds appropriated or other- wise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the pro- spective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certifi- cation, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the as- sessment is the subject of an installment agreement or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
248 offer in compromise that has been approved by the Inter- nal Revenue Service and is not in default, or the assess- ment is the subject of a non-frivolous administrative or judicial proceeding.

(RESCISSIONS) SEC.

521.

(a) Of the unobligated balances in the ‘‘Nonrecurring Expenses Fund’’ established in section 111(a) of division B of Public Law 116–93, $50,000,000 are hereby permanently rescinded not later than Sep- tember 30, 2023.
(b) Of the unobligated balances from prior year ap- propriations available to the Department of Commerce under the heading ‘‘Economic Development Administra- tion, Economic Development Assistance Programs’’, $10,000,000 are hereby permanently rescinded, not later 16 than September 30, 2023.
(c) Of the unobligated balances from prior year ap- propriations available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2023, from the following ac- counts in the specified amounts— (1) ‘‘State and Local Law Enforcement Activi- ties, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Pro- grams’’, $15,000,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
249 (2) ‘‘State and Local Law Enforcement Activi- ties, Office of Justice Programs’’, $75,000,000; and (3) ‘‘State and Local Law Enforcement Activi- ties, Community Oriented Policing Services’’, $15,000,000.
(d) Of the unobligated balances available to the De- partment of Justice, the following funds are hereby per- manently rescinded, not later than September 30, 2023, from the following accounts in the specified amounts— (1) ‘‘Working Capital Fund’’, $705,768,000; and (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, $500,000,000.
(e) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2023, specifying the amount of each rescis- sion made pursuant to subsections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and (d) shall not be from amounts that were designated by the Congress as an emergency or disaster relief require- ment pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
250 (g) The amounts rescinded pursuant to subsections (c) and (d) shall not be from— (1) amounts provided under subparagraph (Q) of paragraph (1) under the heading ‘‘State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement As- sistance’’ in title II of division B of Public Law 117–103; or (2) amounts provided under paragraph (7) under the heading ‘‘State and Local Law Enforce- ment Activities—Community Oriented Policing Serv- ices—Community Oriented Policing Services Pro- grams’’ in title II of division B of Public Law 117– 103.
SEC.

522.

None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations.

SEC.

523.
SEC.

523.

None of the funds made available in this Act may be used to send or otherwise pay for the attend- ance of more than 50 employees from a Federal depart- ment or agency, who are stationed in the United States, at any single conference occurring outside the United States unless— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
251 (1) such conference is a law enforcement train- ing or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or (2) such conference is a scientific conference and the department or agency head determines that such attendance is in the national interest and noti- fies the Committees on Appropriations of the House of Representatives and the Senate within at least 15 days of that determination and the basis for that de- termination.
SEC.

524.
The Director of the Office of Management and Budget shall instruct any department, agency, or in- strumentality of the United States receiving funds appro- priated under this Act to track undisbursed balances in expired grant accounts and include in its annual perform- ance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

252 (3) Identification of undisbursed balances in ex- pired grant accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts.

SEC.

525.
SEC.

525.

To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En- ergy Management Program’’ designation.

SEC.

526.
(a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA), the Office of Science and Technology Policy (OSTP), or the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilat- erally in any way with China or any Chinese-owned com- pany unless such activities are specifically authorized by a law enacted after the date of enactment of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

253 (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Inves- tigation, have certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major partici- pants, and its location and timing.

SEC.

527.
SEC.

527.

(a) None of the funds made available in this Act may be used to maintain or establish a computer December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

254 network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity.

SEC.

528.
The Departments of Commerce and Jus- tice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, the National Space Council, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Rep- resentatives and the Senate not later than 45 days after the date of enactment of this Act.
SEC.

529.

Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for per- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

formance that does not meet the basic requirements of a 255 contract.

SEC.

530.
SEC.

530.

None of the funds made available by this Act may be used in contravention of section 7606 (‘‘Legit- imacy of Industrial Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.

SEC.

531.
None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Ken- tucky, Louisiana, Maine, Maryland, Massachusetts, Michi- gan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Da- kota, Tennessee, Texas, Utah, Vermont, Virginia, Wash- ington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical mari- juana.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

256 SEC.

532.

The Department of Commerce, the Na- tional Aeronautics and Space Administration, and the Na- tional Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Rep- resentatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel.

SEC.
SEC.

533.

Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3722) shall be allocated for assistance in persistent poverty counties: Provided, That for purposes of this section, the term ‘‘per- sistent 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 cen- sus, and the most recent Small Area Income and Poverty Estimates, or any Territory or possession of the United 22 States.

23 24 25 SEC.

534.
23 24 25 SEC.

534.

(a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or other- wise made available under this Act or any other Act may December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
257 be expended or obligated by a department, agency, or in- strumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export li- cense for the export to Canada of components, parts, ac- cessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an ex- 14 port license— (1) does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in sub- section (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and compo- nents and parts for such firearms, other than December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
258 for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Mu- nicipal Government of Canada; or (C) articles for export from Canada to an- other foreign destination.
(c) In accordance with this section, the District Di- rectors of Customs and postmasters shall permit the per- manent or temporary export without a license of any un- classified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or tem- porary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on a temporary basis if the President deter- mines, upon publication first in the Federal Register, that the Government of Canada has implemented or main- tained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in inter- national terrorism or in the escalation of a conflict in an- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
259 other nation.

The President shall terminate the require- ments of a license when reasons for the temporary require- ments have ceased.

SEC.

535.
SEC.

535.

Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States ori- gin ‘‘curios or relics’’ firearms, parts, or ammunition.

SEC.

536.
None of the funds made available by this Act may be used to pay the salaries or expenses of per- sonnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to Janu- ary 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

260 SEC.

537.

None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.

SEC.

538.
SEC.

538.

None of the funds appropriated or other- wise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC.

539.

(a) None of the funds appropriated or oth- erwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any indi- vidual described in subsection (c) for the purposes of de- tention or imprisonment in the custody or under the effec- tive control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
261 (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

SEC.

540.
(a) The remaining unobligated balances of funds as of September 30, 2023, from amounts made available to ‘‘Office of the United States Trade Represent- ative—Salaries and Expenses’’ in title IX of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116–113), are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is here- by appropriated on September 30, 2023, for an additional amount for fiscal year 2023, to remain available until Sep- tember 30, 2024, and shall be available for the same pur- poses, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were originally provided in Public Law 116–113, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
262 except that all references to ‘‘2023’’ under such heading in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
(b) The remaining unobligated balances of funds as of September 30, 2023, from amounts made available to ‘‘Office of the United States Trade Representative— Trade Enforcement Trust Fund’’ in title IX of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116–113), are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is here- by appropriated on September 30, 2023, for an additional amount for fiscal year 2023, to remain available until Sep- tember 30, 2024, and shall be available for the same pur- poses, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were originally provided in Public Law 116–113, except that the reference to ‘‘2023’’ under such heading in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
21 22 (c) The amounts rescinded pursuant to this section that were previously designated by the Congress as an 23 emergency requirement pursuant to section 24 25 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

263 gress as an emergency requirement pursuant to section 4001(a)(1) of S. Con.

Res.
Res.

14 (117th Congress), the con- current resolution on the budget for fiscal year 2022, and section 1(e) of H. Res.

1151 (117th Congress), as en- grossed in the House of Representatives on June 8, 2022.

(d) Each amount provided by this section is des- ignated by the Congress as being for an emergency re- quirement 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 Rep- 12 resentatives on June 8, 2022.

13 SEC.

541.
Funds made available to the Department of Commerce and under the heading ‘‘Department of Jus- tice—Federal Bureau of Investigation—Salaries and Ex- penses’’ in this Act and any remaining unobligated bal- ances of funds made available to the Department of Com- merce and under the heading ‘‘Department of Justice— Federal Bureau of Investigation—Salaries and Expenses’’ in prior year Acts, other than amounts designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, shall be available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consoli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
264 dated Appropriations Act, 2020 (22 U.S.C.

2680b(i)(2)): Provided, That payments made pursuant to the matter preceding this proviso may not exceed $5,000,000 for the Department of Commerce and $5,000,000 for the Federal Bureau of Investigation.

SEC.

542.
(a) None of the funds in this Act may be used for design or construction of the Mobile Launcher 2 until 30 days after the Administrator of the National Aeronautics and Space Administration (the ‘‘Adminis- trator’’) submits a plan to the Committees on Appropria- tions of the House of Representatives and the Senate (the ‘‘Committees’’), the Government Accountability Office, and the Office of Inspector General of the National Aero- nautics and Space Administration detailing a cost and schedule baseline for the Mobile Launcher 2.
Such plan shall include each of the requirements described in sub- section (c)(2) of section 30104 of title 51, United States Code, as well as an estimated date for completion of design and construction of the Mobile Launcher 2.
(b) Not later than 90 days after the submission of the plan described in subsection (a), and every 90 days thereafter, the Administrator shall report to the Commit- tees, the Government Accountability Office, and the Office of Inspector General of the National Aeronautics and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

Space Administration on steps taken to implement such 265 plan.

SEC.

543.
(a)(1) Within 45 days of enactment of this Act, the Secretary of Commerce shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2023 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117–167), including the transfer authority in such paragraphs of that section of that Act, to the ac- counts specified, in the amounts specified, and for the projects and activities specified, in the table titled ‘‘De- partment of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2023’’ in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consoli- dated Act).
(2) Within 45 days of enactment of this Act, the Sec- retary of Commerce shall allocate amounts made available from the Public Wireless Supply Chain Innovation Fund for fiscal year 2023 pursuant to section 106 of the CHIPS Act of 2022 (division A of Public Law 117–167), including the transfer authority in section 106(b)(2) of that Act, to the accounts specified, in the amounts specified, and for the projects and activities specified, in the table titled December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
266 ‘‘Department of Commerce Allocation of National Tele- communications and Information Administration Funds: CHIPS Act Fiscal Year 2023’’ in the explanatory state- ment described in section 4 (in the matter preceding divi- sion A of this consolidated Act).
(3) Within 45 days of enactment of this Act, the Di- rector of the National Science Foundation shall allocate amounts made available from the Creating Helpful Incen- tives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal year 2023 pur- suant to section 102(d)(1) of the CHIPS Act of 2022 (di- vision A of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activi- ties specified in the table titled ‘‘National Science Founda- tion Allocation of Funds: CHIPS Act Fiscal Year 2023’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allo- cate any amounts that are made available for any fiscal year under section 102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Departments of Commerce and Justice, Science, and Related Agencies: Provided, That in any fiscal year, the matter preceding this proviso December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
267 shall not apply to the allocation, apportionment, or allot- ment of amounts for continuing administration of pro- grams allocated funds from the CHIPS for America Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropria- tions of the House of Representatives and the Senate, and subject to the terms and conditions in section 505 of this 11 Act— (1) the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of Public Law 116–283 by subsection (a)(1) of this section; and (2) the Director of the National Science Foun- dation may reallocate funds allocated to the CHIPS for America Workforce and Education Fund by sub- section (a)(3) of this section.
(d) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of Com- merce and the Director of the National Science Founda- tion, as appropriate, shall each submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
268 project, or activity, with detailed justifications, for amounts made available under section 102(a)(2) and sec- tion 102(d)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Commerce and the National Science Foundation, as appropriate, shall each provide the Committees on Appropriations of the House of Represent- atives and Senate quarterly reports on the status of bal- ances of projects and activities funded by the CHIPS for America Fund for amounts allocated pursuant to sub- section (a)(1) of this section, the status of balances of projects and activities funded by the Public Wireless Sup- ply Chain Innovation Fund for amounts allocated pursu- ant to subsection (a)(2) of this section, and the status of balances of projects and activities funded by the CHIPS for America Workforce and Education Fund for amounts allocated pursuant to subsection (a)(3) of this section, in- cluding all uncommitted, committed, and unobligated funds.
20 21 This division may be cited as the ‘‘Commerce, Jus- tice, Science, and Related Agencies Appropriations Act, 22 2023’’.

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269 DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023 TITLE I MILITARY PERSONNEL MILITARY PERSONNEL, ARMY For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of sta- tion travel (including all expenses thereof for organiza- tional movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve compo- nents provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97– 377, as amended (42 U.S.C.
402 note), and to the Depart- ment of Defense Military Retirement Fund, 17 $49,628,305,000.
MILITARY PERSONNEL, NAVY For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of sta- tion travel (including all expenses thereof for organiza- tional movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve pro- vided for elsewhere), midshipmen, and aviation cadets; for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
270 members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C.

402 note), and to the Department of Defense Military Retirement Fund, $36,706,395,000.
MILITARY PERSONNEL, MARINE CORPS For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of sta- tion travel (including all expenses thereof for organiza- tional movements), and expenses of temporary duty travel between permanent duty stations, for members of the Ma- rine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to sec- tion 156 of Public Law 97–377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military Re- tirement Fund, $15,050,088,000.
MILITARY PERSONNEL, AIR FORCE For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of sta- tion travel (including all expenses thereof for organiza- tional movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve compo- nents provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97– December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
271 377, as amended (42 U.S.C.

402 note), and to the Depart- ment of Defense Military Retirement Fund, $35,427,788,000.
MILITARY PERSONNEL, SPACE FORCE For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of sta- tion travel (including all expenses thereof for organiza- tional movements), and expenses of temporary duty travel between permanent duty stations, for members of the Space Force on active duty and cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amend- ed (42 U.S.C.
402 note), and to the Department of De- fense Military Retirement Fund, $1,109,400,000.
RESERVE PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Re- serve on active duty under sections 10211, 10302, and 7038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses au- thorized by section 16131 of title 10, United States Code; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
272 and for payments to the Department of Defense Military Retirement Fund, $5,212,834,000.
RESERVE PERSONNEL, NAVY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Re- serve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in con- nection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing re- serve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Depart- 14 ment of Defense Military Retirement Fund, 15 $2,400,831,000.
RESERVE PERSONNEL, MARINE CORPS For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while under- going reserve training, or while performing drills or equiv- alent duty, and for members of the Marine Corps platoon December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
273 leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $826,712,000.
RESERVE PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses au- thorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,457,519,000.
NATIONAL GUARD PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Na- tional Guard while on duty under sections 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
274 in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for pay- ments to the Department of Defense Military Retirement Fund, $9,232,554,000.
NATIONAL GUARD PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Na- tional Guard on duty under sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while under- going training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, 20 $4,913,538,000.
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275 TITLE II OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as author- ized by law, $59,015,977,000: Provided, That not to ex- ceed $12,478,000 may be used for emergencies and ex- traordinary expenses, to be expended upon the approval or authority of the Secretary of the Army, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes.
OPERATION AND MAINTENANCE, NAVY For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law, $68,260,046,000: Provided, That not to exceed $15,055,000 may be used for emergencies and extraordinary expenses, to be ex- pended upon the approval or authority of the Secretary of the Navy, and payments may be made upon the Sec- retary’s certificate of necessity for confidential military purposes.
22 23 24 25 OPERATION AND MAINTENANCE, MARINE CORPS For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $9,891,998,000.

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276 OPERATION AND MAINTENANCE, AIR FORCE For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, $60,279,937,000: Provided, That not to exceed $7,699,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Air Force, and pay- ments may be made upon the Secretary’s certificate of ne- cessity for confidential military purposes.
OPERATION AND MAINTENANCE, SPACE FORCE For expenses, not otherwise provided for, necessary for the operation and maintenance of the Space Force, as authorized by law, $4,086,883,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agen- cies of the Department of Defense (other than the military departments), as authorized by law, $49,574,779,000: Provided, That not more than $2,981,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Pro- vided further, That not to exceed $36,000,000 may be used for emergencies and extraordinary expenses, to be ex- pended upon the approval or authority of the Secretary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
277 of Defense, and payments may be made upon the Sec- retary’s certificate of necessity for confidential military purposes: Provided further, That of the funds provided under this heading, not less than $55,000,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $5,000,000 shall be available for centers defined in 10 U.S.C.
2411(1)(D): Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legis- lative liaison office: Provided further, That $49,071,000 to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided fur- ther, That any ceiling on the investment item unit cost of items that may be purchased with operation and main- tenance funds shall not apply to the funds described in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
278 the preceding proviso: Provided further, That of the funds provided under this heading, $2,467,009,000, of which $1,510,260,000, to remain available until September 30, 2024, shall be available to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security co- operation programs: Provided further, That the Secretary of Defense shall provide quarterly reports to the Commit- tees on Appropriations of the House of Representatives and the Senate on the use and status of funds made avail- able in this paragraph: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.
COUNTER-ISIS TRAIN AND EQUIP FUND For the ‘‘Counter-Islamic State of Iraq and Syria Train and Equip Fund’’, $475,000,000, to remain avail- able until September 30, 2024: Provided, That such funds shall be available to the Secretary of Defense in coordina- tion with the Secretary of State, to provide assistance, in- cluding training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renova- tion; construction for facility fortification and humane treatment; and sustainment, to foreign security forces, ir- regular forces, groups, or individuals participating, or pre- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
279 paring to participate in activities to counter the Islamic State of Iraq and Syria, and their affiliated or associated groups: Provided further, That amounts made available under this heading shall be available to provide assistance only for activities in a country designated by the Secretary of Defense, in coordination with the Secretary of State, as having a security mission to counter the Islamic State of Iraq and Syria, and following written notification to the congressional defense committees of such designation: Provided further, That the Secretary of Defense shall en- sure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are ap- propriately vetted, including at a minimum, assessing such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments from such elements to promote respect for human rights and the rule of law: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the de- tails of any such obligation: Provided further, That the Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized under this heading: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
280 vided further, That contributions of funds for the purposes provided herein from any foreign government or other en- tity may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further, That the Secretary of Defense shall prioritize such con- tributions when providing any assistance for construction for facility fortification: Provided further, That the Sec- retary of Defense may waive a provision of law relating to the acquisition of items and support services or sections 40 and 40A of the Arms Export Control Act (22 U.S.C.
2780 and 2785) if the Secretary determines that such pro- vision of law would prohibit, restrict, delay or otherwise limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congres- sional defense committees, the Committees on Appropria- tions and Foreign Relations of the Senate and the Com- mittees on Appropriations and Foreign Affairs of the House of Representatives: Provided further, That the United States may accept equipment procured using funds provided under this heading, or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, that was trans- ferred to security forces, irregular forces, or groups par- ticipating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria and returned by such forces or groups to the United States, and such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
281 equipment may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That equipment procured using funds provided under this heading, or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, and not yet transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria may be treated as stocks of the Department of Defense when determined by the Secretary to no longer be required for transfer to such forces or groups and upon written notification to the congressional defense committees: Pro- vided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading, including, but not limited to, the number of individuals trained, the nature and scope of support and sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries, groups, 20 or individuals.
OPERATION AND MAINTENANCE, ARMY RESERVE For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, or- ganization, and administration, of the Army Reserve; re- pair of facilities and equipment; hire of passenger motor December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
282 vehicles; travel and transportation; care of the dead; re- cruiting; procurement of services, supplies, and equip- ment; and communications, $3,206,434,000.
OPERATION AND MAINTENANCE, NAVY RESERVE For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, or- ganization, and administration, of the Navy Reserve; re- pair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; re- cruiting; procurement of services, supplies, and equip- ment; and communications, $1,278,050,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, or- ganization, and administration, of the Marine Corps Re- serve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equip- ment; and communications, $347,633,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, or- ganization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
283 vehicles; travel and transportation; care of the dead; re- cruiting; procurement of services, supplies, and equip- ment; and communications, $3,700,800,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD For expenses of training, organizing, and admin- istering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to struc- tures and facilities; hire of passenger motor vehicles; per- sonnel services in the National Guard Bureau; travel ex- penses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while in- specting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, Na- tional Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of re- pair, modification, maintenance, and issue of supplies and equipment (including aircraft), $8,299,187,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD For expenses of training, organizing, and admin- istering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to struc- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
284 tures and facilities; transportation of things, hire of pas- senger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $7,382,079,000.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $16,003,000, of which not to exceed $10,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $324,500,000, to remain available until transferred: Provided, That the Sec- retary of the Army shall, upon determining that such funds are required for environmental restoration, reduc- tion and recycling of hazardous waste, removal of unsafe December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
285 buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer au- thority provided elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY (INCLUDING TRANSFER OF FUNDS) For the Department of the Navy, $400,113,000, to remain available until transferred: Provided, That the Sec- retary of the Navy shall, upon determining that such funds are required for environmental restoration, reduc- tion and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
286 time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer au- thority provided elsewhere in this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE (INCLUDING TRANSFER OF FUNDS) For the Department of the Air Force, $573,810,000, to remain available until transferred: Provided, That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, re- duction and recycling of hazardous waste, removal of un- safe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a deter- mination that all or part of the funds transferred from this appropriation are not necessary for the purposes pro- vided herein, such amounts may be transferred back to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
287 this appropriation: Provided further, That the transfer au- thority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For the Department of Defense, $10,979,000, to re- main available until transferred: Provided, That the Sec- retary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense, or for similar purposes, transfer the funds made available by this appro- priation to other appropriations made available to the De- partment of Defense, to be merged with and to be avail- able for the same purposes and for the same time period as the appropriations to which transferred: Provided fur- ther, That upon a determination that all or part of the funds transferred from this appropriation are not nec- essary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority pro- 23 vided elsewhere in this Act.
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288 ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $317,580,000, to remain available until transferred: Provided, That the Sec- retary of the Army shall, upon determining that such funds are required for environmental restoration, reduc- tion and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Depart- ment of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Pro- vided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority pro- vided elsewhere in this Act.
22 23 24 25 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
289 tions 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $170,000,000, to remain available until September 30, 2024: Provided, That such amounts shall not be subject to the limitation in section 407(c)(3) of title 10, United States Code.
COOPERATIVE THREAT REDUCTION ACCOUNT For assistance, including assistance provided by con- tract or by grants, under programs and activities of the Department of Defense Cooperative Threat Reduction Program authorized under the Department of Defense Co- operative Threat Reduction Act, $351,598,000, to remain available until September 30, 2025.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT For the Department of Defense Acquisition Work- force Development Account, $111,791,000: Provided, That no other amounts may be otherwise credited or transferred to the Account, or deposited into the Account, in fiscal year 2023 pursuant to section 1705(d) of title 20 10, United States Code.

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290 TITLE III PROCUREMENT AIRCRAFT PROCUREMENT, ARMY For construction, procurement, production, modifica- tion, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, ap- pliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $3,847,834,000, to remain available for obligation until September 30, 2025.
MISSILE PROCUREMENT, ARMY For construction, procurement, production, modifica- tion, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
291 and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, ap- pliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $3,848,853,000, to remain available for obligation until September 30, 2025.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and acces- sories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and con- struction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,505,157,000, to remain available for obliga- tion until September 30, 2025.
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292 PROCUREMENT OF AMMUNITION, ARMY For construction, procurement, production, and modification of ammunition, and accessories therefor; spe- cialized equipment and training devices; expansion of pub- lic and private plants, including ammunition facilities, au- thorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing pur- poses, and such lands and interests therein, may be ac- quired, and construction prosecuted thereon prior to ap- proval of title; and procurement and installation of equip- ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,770,120,000, to remain available for obligation until September 30, 2025.
OTHER PROCUREMENT, ARMY For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
293 therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Govern- ment and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $8,668,148,000, to remain available for obligation until September 30, 2025.
AIRCRAFT PROCUREMENT, NAVY For construction, procurement, production, modifica- tion, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, includ- ing the land necessary therefor, and such lands and inter- ests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Govern- 19 ment and contractor-owned equipment layaway, 20 $19,031,864,000, to remain available for obligation until 21 September 30, 2025.
22 23 24 25 WEAPONS PROCUREMENT, NAVY For construction, procurement, production, modifica- tion, and modernization of missiles, torpedoes, other weap- ons, and related support equipment including spare parts, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
294 and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and con- struction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $4,823,113,000, to remain available for obliga- tion until September 30, 2025.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS For construction, procurement, production, and modification of ammunition, and accessories therefor; spe- cialized equipment and training devices; expansion of pub- lic and private plants, including ammunition facilities, au- thorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing pur- poses, and such lands and interests therein, may be ac- quired, and construction prosecuted thereon prior to ap- proval of title; and procurement and installation of equip- ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; and other expenses necessary for the foregoing purposes, $920,884,000, to remain avail- able for obligation until September 30, 2025.
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295 SHIPBUILDING AND CONVERSION, NAVY For expenses necessary for the construction, acquisi- tion, or conversion of vessels as authorized by law, includ- ing armor and armament thereof, plant equipment, appli- ances, and machine tools and installation thereof in public and private plants; reserve plant and Government and con- tractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary there- for, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: Columbia Class Submarine, $3,079,223,000; Columbia Class Submarine (AP), $2,778,553,000; Carrier Replacement Program (CVN–80), $1,465,880,000; Carrier Replacement Program (CVN–81), $1,052,024,000; Virginia Class Submarine, $4,534,184,000; Virginia Class Submarine (AP), $2,025,651,000; CVN Refueling Overhauls (AP), $612,081,000; DDG–1000 Program, $72,976,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
296 DDG–51 Destroyer, $6,946,537,000; DDG–51 Destroyer (AP), $695,652,000; FFG–Frigate, $1,135,224,000; LPD Flight II, $1,673,000,000; LPD Flight II (AP), $250,000,000; LHA Replacement, $1,374,470,000; Expeditionary Fast Transport, $645,000,000; TAO Fleet Oiler, $782,588,000; Towing, Salvage, and Rescue Ship, $95,915,000; Ship to Shore Connector, $454,533,000; Service Craft, $21,056,000; Auxiliary Personnel Lighter, $71,218,000; LCAC SLEP, $36,301,000; Auxiliary Vessels, $133,000,000; For outfitting, post delivery, conversions, and first destination transportation, $707,412,000; and Completion of Prior Year Shipbuilding Pro- grams, $1,312,646,000.
In all: $31,955,124,000, to remain available for obligation until September 30, 2027: Provided, That additional obli- gations may be incurred after September 30, 2027, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further, That none of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
297 funds provided under this heading for the construction or conversion of any naval vessel to be constructed in ship- yards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards: Provided further, That funds appropriated or otherwise made available by this Act for Columbia Class Submarine (AP) may be avail- able for the purposes authorized by subsections (f), (g), (h) or (i) of section 2218a of title 10, United States Code, only in accordance with the provisions of the applicable 13 subsection.
OTHER PROCUREMENT, NAVY For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expan- sion of public and private plants, including the land nec- essary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
298 tractor-owned equipment layaway, $12,138,590,000, to remain available for obligation until September 30, 2025: Provided, That such funds are also available for the main- tenance, repair, and modernization of ships under a pilot program established for such purposes.
PROCUREMENT, MARINE CORPS For expenses necessary for the procurement, manu- facture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; ve- hicles for the Marine Corps, including the purchase of pas- senger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be ac- quired, and construction prosecuted thereon prior to ap- proval of title, $3,669,510,000, to remain available for ob- ligation until September 30, 2025.
AIRCRAFT PROCUREMENT, AIR FORCE For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training de- vices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Gov- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
299 ernment-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Gov- ernment and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes in- cluding rents and transportation of things, $22,196,175,000, to remain available for obligation until 10 September 30, 2025.
MISSILE PROCUREMENT, AIR FORCE For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor; ground handling equip- ment, and training devices; expansion of public and pri- vate plants, Government-owned equipment and installa- tion thereof in such plants, erection of structures, and ac- quisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and con- struction prosecuted thereon prior to approval of title; re- serve plant and Government and contractor-owned equip- ment layaway; and other expenses necessary for the fore- going purposes including rents and transportation of things, $2,999,346,000, to remain available for obligation 25 until September 30, 2025.
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300 PROCUREMENT OF AMMUNITION, AIR FORCE For construction, procurement, production, and modification of ammunition, and accessories therefor; spe- cialized equipment and training devices; expansion of pub- lic and private plants, including ammunition facilities, au- thorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing pur- poses, and such lands and interests therein, may be ac- quired, and construction prosecuted thereon prior to ap- proval of title; and procurement and installation of equip- ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; and other expenses necessary for the foregoing purposes, $857,722,000, to remain avail- able for obligation until September 30, 2025.
OTHER PROCUREMENT, AIR FORCE For procurement and modification of equipment (in- cluding ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not oth- erwise provided for; the purchase of passenger motor vehi- cles for replacement only; lease of passenger motor vehi- cles; and expansion of public and private plants, Govern- ment-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
301 the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Gov- ernment and contractor-owned equipment layaway, $28,034,122,000, to remain available for obligation until September 30, 2025.
PROCUREMENT, SPACE FORCE For construction, procurement, and modification of spacecraft, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installa- tion thereof in such plants, erection of structures, and ac- quisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and con- struction prosecuted thereon prior to approval of title; re- serve plant and Government and contractor-owned equip- ment layaway; and other expenses necessary for the fore- going purposes including rents and transportation of things, $4,462,188,000, to remain available for obligation 21 until September 30, 2025.
22 23 24 25 PROCUREMENT, DEFENSE-WIDE For expenses of activities and agencies of the Depart- ment of Defense (other than the military departments) necessary for procurement, production, and modification December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
302 of equipment, supplies, materials, and spare parts there- for, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Gov- ernment and contractor-owned equipment layaway, 10 $6,139,674,000, to remain available for obligation until 11 September 30, 2025.
DEFENSE PRODUCTION ACT PURCHASES For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Produc- tion Act of 1950 (50 U.S.C.

4518, 4531, 4532, and 4533), $372,906,000, to remain available for obligation until Sep- tember 30, 2027, which shall be obligated and expended by the Secretary of Defense as if delegated the necessary authorities conferred by the Defense Production Act of 20 1950.
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT For procurement of rotary-wing aircraft; combat, tac- tical and support vehicles; other weapons; and other pro- curement items for the reserve components of the Armed Forces, $1,000,000,000, to remain available for obligation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
303 until September 30, 2025: Provided, That the Chiefs of National Guard and Reserve components shall, not later than 30 days after enactment of this Act, individually sub- mit to the congressional defense committees the mod- ernization priority assessment for their respective Na- tional Guard or Reserve component: Provided further, That none of the funds made available by this paragraph may be used to procure manned fixed wing aircraft, or procure or modify missiles, munitions, or ammunition.
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304 TITLE IV RESEARCH, DEVELOPMENT, TEST AND EVALUATION RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY For expenses necessary for basic and applied sci- entific research, development, test and evaluation, includ- ing maintenance, rehabilitation, lease, and operation of fa- cilities and equipment, $17,150,141,000, to remain avail- able for obligation until September 30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For expenses necessary for basic and applied sci- entific research, development, test and evaluation, includ- ing maintenance, rehabilitation, lease, and operation of fa- cilities and equipment, $26,017,309,000, to remain avail- able for obligation until September 30, 2024: Provided, That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique oper- ational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE For expenses necessary for basic and applied sci- entific research, development, test and evaluation, includ- ing maintenance, rehabilitation, lease, and operation of fa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
305 cilities and equipment, $44,946,927,000, to remain avail- able for obligation until September 30, 2024.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE For expenses necessary for basic and applied sci- entific research, development, test and evaluation, includ- ing maintenance, rehabilitation, lease, and operation of fa- cilities and equipment, $16,631,377,000, to remain avail- able until September 30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE For expenses of activities and agencies of the Depart- ment of Defense (other than the military departments), necessary for basic and applied scientific research, devel- opment, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $34,565,478,000, to remain available for obligation until 20 September 30, 2024.
OPERATIONAL TEST AND EVALUATION, DEFENSE For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial oper- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
306 ational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $449,294,000, to remain available for obligation until September 30, 2024.

TITLE V REVOLVING AND MANAGEMENT FUNDS DEFENSE WORKING CAPITAL FUNDS For the Defense Working Capital Funds, $1,654,710,000.

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307 TITLE VI OTHER DEPARTMENT OF DEFENSE PROGRAMS DEFENSE HEALTH PROGRAM For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $39,225,101,000; of which $35,613,417,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available for obligation until September 30, 2024, and of which up to $18,577,877,000 may be available for contracts entered 11 into under the TRICARE program; of which $570,074,000, to remain available for obligation until Sep- tember 30, 2025, shall be for procurement; and of which $3,041,610,000, to remain available for obligation until September 30, 2024, shall be for research, development, test and evaluation: Provided, That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evalua- tion, not less than $12,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, and hu- manitarian assistance activities conducted primarily in Af- rican nations: Provided further, That of the funds provided under this heading for research, development, test and evaluation, not less than $1,561,000,000 shall be made December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
308 available to the Defense Health Agency to carry out the congressionally directed medical research programs: Pro- vided further, That the Secretary of Defense shall submit to the congressional defense committees quarterly reports on the current status of the deployment of the electronic health record: Provided further, That the Secretary of De- fense shall provide notice to the congressional defense committees not later than 10 business days after delaying the proposed timeline of such deployment if such delay is longer than 1 week: Provided further, That the Comp- troller General of the United States shall perform quar- terly performance reviews of such deployment.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the pro- visions of section 1412 of the Department of Defense Au- thorization Act, 1986 (50 U.S.C.
1521), and for the de- struction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,059,818,000, of which $84,612,000 shall be for operation and mainte- nance, of which no less than $53,186,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $22,778,000 for activities on military instal- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
309 lations and $30,408,000, to remain available until Sep- tember 30, 2024, to assist State and local governments; and $975,206,000, to remain available until September 30, 2024, shall be for research, development, test and eval- uation, of which $971,742,000 shall only be for the As- sembled Chemical Weapons Alternatives program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE (INCLUDING TRANSFER OF FUNDS) For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military per- sonnel of the reserve components serving under the provi- sions of title 10 and title 32, United States Code; for oper- ation and maintenance; for procurement; and for research, development, test and evaluation, $970,764,000, of which $614,510,000 shall be for counter-narcotics support; $130,060,000 shall be for the drug demand reduction pro- gram; $200,316,000 shall be for the National Guard counter-drug program; and $25,878,000 shall be for the National Guard counter-drug schools program: Provided, That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which trans- ferred: Provided further, That upon a determination that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
310 all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer au- thority contained elsewhere in this Act: Provided further, That funds appropriated under this heading may be used to support a new start program or project only after writ- ten prior notification to the Committees on Appropriations of the House of Representatives and the Senate.
OFFICE OF THE INSPECTOR GENERAL For expenses and activities of the Office of the In- spector General in carrying out the provisions of the In- spector General Act of 1978, as amended, $485,359,000, of which $481,971,000 shall be for operation and mainte- nance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended upon the approval or authority of the Inspector General, and payments may be made upon the Inspector General’s certificate of necessity for confidential military purposes; of which $1,524,000, to remain available for obligation until September 30, 2025, shall be for procurement; and of which $1,864,000, to remain available until September 30, 2024, shall be for research, development, test and eval- 25 uation.
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311 SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS For logistical and security support for international sporting competitions (including pay and non-travel re- lated allowances only for members of the Reserve Compo- nents of the Armed Forces of the United States called or ordered to active duty in connection with providing such support), $10,377,000, to remain available until expended.
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312 TITLE VII RELATED AGENCIES CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND For payment to the Central Intelligence Agency Re- tirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT For necessary expenses of the Intelligence Commu- nity Management Account, $562,265,000.

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313 TITLE VIII GENERAL PROVISIONS SEC.

8001.

No part of any appropriation contained in this Act shall be used for publicity or propaganda pur- poses not authorized by the Congress.

SEC.

8002.
During the current fiscal year, provisions of law prohibiting the payment of compensation to, or em- ployment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indi- rect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percent- age increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of De- fense foreign service national employees serving at United States diplomatic missions whose pay is set by the Depart- ment of State under the Foreign Service Act of 1980: Pro- vided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.
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314 SEC.

8003.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein.

SEC.

8004.
SEC.

8004.

No more than 20 percent of the appro- priations in this Act which are limited for obligation dur- ing the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided, That this sec- tion shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers’ Training Corps.

(TRANSFER OF FUNDS) SEC.

8005.
Upon determination by the Secretary of Defense that such action is necessary in the national inter- est, the Secretary may, with the approval of the Office of Management and Budget, transfer not to exceed $6,000,000,000 of working capital funds of the Depart- ment of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which trans- ferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unfore- seen military requirements, than those for which originally December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
315 appropriated and in no case where the item for which funds are requested has been denied by the Congress: Pro- vided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Commit- tees on Appropriations of the House of Representatives and the Senate for reprogramming of funds, unless for higher priority items, based on unforeseen military re- quirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2023: Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under 20 this section.
SEC.

8006.

(a) With regard to the list of specific pro- grams, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level Adjustments in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
316 the explanatory statement regarding this Act and the ta- bles contained in the classified annex accompanying this Act, the obligation and expenditure of amounts appro- priated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby re- quired by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables de- scribed in subsection (a) shall not be treated as subdivi- sions of appropriations for purposes of section 8005 of this Act: Provided, That section 8005 shall apply when trans- fers of the amounts described in subsection (a) occur be- 15 tween appropriation accounts.

16 SEC.

8007.
(a) Not later than 60 days after the date of the enactment of this Act, the Department of Defense shall submit a report to the congressional defense commit- tees to establish the baseline for application of reprogram- ming and transfer authorities for fiscal year 2023: Pro- vided, That the report shall include— (1) a table for each appropriation with a sepa- rate column to display the President’s budget re- quest, adjustments made by Congress, adjustments December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
317 due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appro- priation both by budget activity and program, project, and activity as detailed in the Budget Ap- pendix; and (3) an identification of items of special congres- sional interest.
(b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement: Provided, That this subsection shall not apply to transfers from the following appropriations ac- counts: (1) ‘‘Environmental Restoration, Army’’; (2) ‘‘Environmental Restoration, Navy’’; (3) ‘‘Environmental Restoration, Air Force’’; (4) ‘‘Environmental Restoration, Defense- Wide’’; (5) ‘‘Environmental Restoration, Formerly Used Defense Sites’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
318 (6) ‘‘Drug Interdiction and Counter-drug Ac- tivities, Defense’’.

(TRANSFER OF FUNDS) SEC.

8008.
During the current fiscal year, cash bal- ances in working capital funds of the Department of De- fense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disburse- ments to be made from such funds: Provided, That trans- fers may be made between such funds: Provided further, That transfers may be made between working capital funds and the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and the ‘‘Operation and Maintenance’’ ap- propriation accounts in such amounts as may be deter- mined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer: Pro- vided further, That except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

319 SEC.

8009.

Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congres- sional defense committees.

SEC.

8010.
None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that in- cludes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the pro- posed contract award: Provided, That no part of any ap- propriation contained in this Act shall be available to ini- tiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement con- tracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 un- less specifically provided in this Act: Provided further, That no multiyear procurement contract can be termi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
320 nated without 30-day prior notification to the congres- sional defense committees: Provided further, That the exe- cution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract— (1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that in- cludes, for any aircraft unit to be procured through the contract for which procurement funds are re- quested in that budget request for production be- yond advance procurement activities in the fiscal year covered by the budget, full funding of procure- ment of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the produc- tion of unfunded units to be delivered under the con- tract; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
321 (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and (4) the contract does not provide for a price ad- justment based on a failure to award a follow-on contract.

Funds appropriated in title III of this Act may be used for multiyear procurement contracts for up to 15 DDG– 51 Arleigh Burke Class Guided Missile Destroyers.

SEC.

8011.
Within the funds appropriated for the op- eration and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code: Provided, That such funds may also be obligated for hu- manitarian and civic assistance costs incidental to author- ized operations and pursuant to authority granted in sec- tion 401 of title 10, United States Code, and these obliga- tions shall be reported as required by section 401(d) of title 10, United States Code: Provided further, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as author- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
322 ized by Public Law 99–239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education pro- grams conducted at Army medical facilities located in Ha- waii, the Secretary of the Army may authorize the provi- sion of medical services at such facilities and transpor- tation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Common- wealth of the Northern Mariana Islands, the Marshall Is- 10 lands, the Federated States of Micronesia, Palau, and 11 Guam.
SEC.

8012.
(a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed on the basis of any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, but are to be managed solely on the basis of, and in a manner con- 18 sistent with— (1) the total force management policies and procedures established under section 129a of title 10, United States Code; (2) the workload required to carry out the func- tions and activities of the Department; and (3) the funds made available to the Department for such fiscal year.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

323 (b) None of the funds appropriated by this Act may be used to reduce the civilian workforce programmed full time equivalent levels absent the appropriate analysis of the impact of these reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs.
(c) A projection of the number of full-time equivalent positions shall not be considered a constraint or limitation for purposes of subsection (a) and reducing funding for under-execution of such a projection shall not be consid- ered managing based on a constraint or limitation for pur- 12 poses of such subsection.
(d) The fiscal year 2024 budget request for the De- partment of Defense, and any justification material and other documentation supporting such a request, shall be prepared and submitted to Congress as if subsections (a) and (b) were effective with respect to such fiscal year.

(e) Nothing in this section shall be construed to apply to military (civilian) technicians.

SEC.

8013.
SEC.

8013.

None of the funds made available by this Act shall be used in any way, directly or indirectly, to in- fluence congressional action on any legislation or appro- priation matters pending before the Congress.

SEC.

8014.

None of the funds available in this Act to the Department of Defense, other than appropriations December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
324 made for necessary or routine refurbishments, upgrades, or maintenance activities, shall be used to reduce or to prepare to reduce the number of deployed and non-de- ployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress in ac- cordance with section 1042 of the National Defense Au- thorization Act for Fiscal Year 2012.

(TRANSFER OF FUNDS) SEC.

8015.


(a) Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Prote´ge´ Program may be transferred to any other appropriation contained in this Act solely for the purpose of imple- menting a Mentor-Prote´ge´ Program developmental assist- ance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.
2302 note), as amended, under the authority of this provision or any other transfer au- thority contained in this Act.
(b) The Secretary of Defense shall include with the budget justification documents in support of the budget for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a descrip- tion of each transfer under this section that occurred dur- ing the last fiscal year before the fiscal year in which such 25 budget is submitted.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
325 SEC.

8016.
None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain unless the anchor and mooring chain are manufactured in the United States from compo- nents which are substantially manufactured in the United States: Provided, That for the purpose of this section, the term ‘‘manufactured’’ shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further, That for the purpose of this section substantially all of the com- ponents of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manu- factured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate do- mestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the Service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Rep- resentatives and the Senate that such an acquisition must be made in order to acquire capability for national security 25 purposes.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

326 SEC.

8017.
None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Colum- bia, within the District of Columbia, in which the military installation is located: Provided, That, in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installa- tion is located: Provided further, That such local procure- ment requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installa- tions in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.
SEC.

8018.

None of the funds available to the De- partment of Defense may be used to demilitarize or dis- pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or am- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
327 munition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use.

SEC.

8019.
No more than $500,000 of the funds ap- propriated or made available in this Act shall be used dur- ing a single fiscal year for any single relocation of an orga- nization, unit, activity or function of the Department of Defense into or within the National Capital Region: Pro- vided, That the Secretary of Defense may waive this re- striction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relo- cation is required in the best interest of the Government.
SEC.

8020.

In addition to the funds provided else- where in this Act, $25,000,000 is appropriated only for incentive payments authorized by section 504 of the In- dian Financing Act of 1974 (25 U.S.C.
1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a con- tractor for the purposes of being allowed additional com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
328 pensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making ap- propriations for the Department of Defense with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisi- tion of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code.
SEC.

8021.
8021.

(a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Da- kota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the 25 needs of the Air Force.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

329 (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under sub- section (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Da- kota, Montana, Oregon, Minnesota, and Washington.
Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary.

(c) The Operation Walking Shield Program shall re- solve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting re- quests to the Secretary of the Air Force under subsection 15 (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat.

4792; 25 U.S.C.

5131).

SEC.

8022.


Of the funds appropriated to the Depart- ment of Defense under the heading ‘‘Operation and Main- tenance, Defense-Wide’’, not less than $20,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
330 tribes, related administrative support, the gathering of in- formation, documenting of environmental damage, and de- veloping a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands re- sulting from Department of Defense activities.

SEC.

8023.

Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities.

SEC.

8024.
SEC.

8024.

Of the amounts appropriated for ‘‘Work- ing Capital Fund, Army’’, $115,000,000 shall be available to maintain competitive rates at the arsenals.

SEC.

8025.
(a) Of the funds made available in this Act, not less than $64,800,000 shall be available for the Civil Air Patrol Corporation, of which— (1) $51,300,000 shall be available from ‘‘Oper- ation and Maintenance, Air Force’’ to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs; (2) $11,600,000 shall be available from ‘‘Air- craft Procurement, Air Force’’; and (3) $1,900,000 shall be available from ‘‘Other Procurement, Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reim- bursement for any funds used by the Civil Air Patrol for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

331 counter-drug activities in support of Federal, State, and local government agencies.

SEC.

8026.
SEC.

8026.

(a) None of the funds appropriated in this Act are available to establish a new Department of De- fense (department) federally funded research and develop- ment center (FFRDC), either as a new entity, or as a separate entity administrated by an organization man- aging another FFRDC, or as a nonprofit membership cor- poration consisting of a consortium of other FFRDCs and 10 other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be com- pensated for his or her services as a member of such enti- ty, or as a paid consultant by more than one FFRDC in a fiscal year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Fed- eral Joint Travel Regulations, when engaged in the per- formance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds available to the department from any source during the current fiscal year may be used by a defense December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
332 FFRDC, through a fee or other payment mechanism, for construction of new buildings not located on a military in- stallation, for payment of cost sharing for projects funded by Government grants, for absorption of contract over- runs, or for certain charitable contributions, not to include employee participation in community service and/or devel- opment.
(d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2023, not more than $2,788,107,000 may be funded for professional technical staff-related costs of the defense FFRDCs: Provided, That within such funds, not more than $446,097,000 shall be available for the defense stud- ies and analysis FFRDCs: Provided further, That this sub- section shall not apply to staff years funded in the Na- tional Intelligence Program and the Military Intelligence Program: Provided further, That the Secretary of Defense shall, with the submission of the department’s fiscal year 2024 budget request, submit a report presenting the spe- cific amounts of staff years of technical effort to be allo- cated for each defense FFRDC by program during that fiscal year and the associated budget estimates, by appro- priation account and program.
(e) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

333 is hereby reduced by $129,893,000: Provided, That this subsection shall not apply to appropriations for the Na- tional Intelligence Program and Military Intelligence Pro- gram.

SEC.

8027.
SEC.

8027.

For the purposes of this Act, the term ‘‘congressional defense committees’’ means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Sub- committee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representa- tives.

13 SEC.

8028.
SEC.

8028.

For the purposes of this Act, the term ‘‘congressional intelligence committees’’ means the Perma- nent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Com- mittee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on 20 Appropriations of the Senate.

21 22 23 24 25 SEC.

8029.
SEC.

8029.

During the current fiscal year, the De- partment of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other De- fense-related articles, through competition between De- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
334 partment of Defense depot maintenance activities and pri- vate firms: Provided, That the Senior Acquisition Execu- tive of the military department or Defense Agency con- cerned, with power of delegation, shall certify that success- ful bids include comparable estimates of all direct and in- direct costs for both public and private bids: Provided fur- ther, That Office of Management and Budget Circular A– 76 shall not apply to competitions conducted under this section.

SEC.

8030.
SEC.

8030.

(a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, com- plies with the Buy American Act.

For purposes of this subsection, the term ‘‘Buy American Act’’ means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a per- son has been convicted of intentionally affixing a label bearing a ‘‘Made in America’’ inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 4658 of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense.
24 25 (c) In the case of any equipment or products pur- chased with appropriations provided under this Act, it is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

335 the sense of the Congress that any entity of the Depart- ment of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost- competitive, quality competitive, and available in a timely fashion.

SEC.

8031.
None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned fa- cility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided, That these procurement re- strictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case- by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Pro- vided further, That these restrictions shall not apply to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
336 contracts which are in being as of the date of the enact- ment of this Act.

SEC.

8032.
(a)(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of the Buy Amer- ican Act with respect to such types of products produced 12 in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of under- standing, between the United States and a foreign country pursuant to which the Secretary of Defense has prospec- tively waived the Buy American Act for certain products 18 in that country.

19 (b) The Secretary of Defense shall submit to the Con- gress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2023.
Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreements Act of 1979 (19 U.S.C.

2501 et seq.

), or any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

international agreement to which the United States is a 337 party.

(c) For purposes of this section, the term ‘‘Buy American Act’’ means chapter 83 of title 41, United States Code.

SEC.

8033.
None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certi- fying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that ade- quate domestic supplies are not available to meet Depart- ment of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire ca- pability for national security purposes: Provided further, That this restriction shall not apply to the purchase of ‘‘commercial products’’, as defined by section 103 of title 41, United States Code, except that the restriction shall apply to ball or roller bearings purchased as end items.
SEC.

8034.

In addition to any other funds made available for such purposes, there is appropriated $93,500,000, for an additional amount for the ‘‘National Defense Stockpile Transaction Fund’’, to remain available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

338 until September 30, 2025, for activities pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98 et seq.
98 et seq.

): Provided, That none of the funds pro- vided under this section may be obligated or expended until 90 days after the Secretary of Defense provides the Committees on Appropriations of the House of Represent- atives and the Senate a detailed execution plan for such funds.

SEC.

8035.
SEC.

8035.

None of the funds in this Act may be used to purchase any supercomputer which is not manu- factured in the United States, unless the Secretary of De- fense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not avail- able from United States manufacturers.

SEC.

8036.
(a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 4851 of title 10, United States Code, and the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
339 country does not discriminate against the same or similar defense items produced in the United States for that coun- try.
(b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the applica- tion of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re- garding construction of public vessels, ball and roller bear- ings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
21 22 23 24 SEC.

8037.

None of the funds made available in this Act, or any subsequent Act making appropriations for the Department of Defense, may be used for the purchase or manufacture of a flag of the United States unless such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

340 flags are treated as covered items under section 4862(b) of title 10, United States Code.

SEC.

8038.
SEC.

8038.

During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available until expended for the payments specified by section 2687a(b)(2) of title 10, United States Code.

SEC.

8039.
During the current fiscal year, appropria- tions which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $350,000: Provided, That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Com- batant Command engaged in a named contingency oper- ation overseas, such funds may be used to purchase items having an investment item unit cost of not more than 18 $500,000.
SEC.

8040.

Up to $13,720,000 of the funds appro- priated under the heading ‘‘Operation and Maintenance, Navy’’ may be made available for the Asia Pacific Re- gional Initiative Program for the purpose of enabling the United States Indo-Pacific Command to execute Theater Security Cooperation activities such as humanitarian as- sistance, and payment of incremental and personnel costs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
341 of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further, That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

SEC.

8041.
The Secretary of Defense shall issue reg- ulations to prohibit the sale of any tobacco or tobacco- related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community: Provided, That such regulations shall direct that the prices of to- bacco or tobacco-related products in overseas military re- tail outlets shall be within the range of prices established for military retail system stores located in the United 18 States.
SEC.

8042.

(a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquir- ing a new inventory item for sale or anticipated sale dur- ing the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
342 Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.
(b) The fiscal year 2024 budget request for the De- partment of Defense as well as all justification material and other documentation supporting the fiscal year 2024 Department of Defense budget shall be prepared and sub- mitted to the Congress on the basis that any equipment which was classified as an end item and funded in a pro- curement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2024 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds.
SEC.

8043.
None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until Sep- tember 30, 2024: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intel- ligence Agency Central Services Working Capital Fund December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
343 during this or any prior or subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the Central Intel- ligence Agency for advanced research and development ac- quisition, for agent operations, and for covert action pro- grams authorized by the President under section 503 of the National Security Act of 1947 (50 U.S.C.
3093) shall remain available until September 30, 2024: Provided fur- ther, That any funds appropriated or transferred to the Central Intelligence Agency for the construction, improve- ment, or alteration of facilities, including leased facilities, to be used primarily by personnel of the intelligence com- munity, shall remain available until September 30, 2025.

(INCLUDING TRANSFER OF FUNDS) SEC.

8044.
Of the funds appropriated in this Act under the heading ‘‘Operation and Maintenance, Defense- Wide’’, $47,000,000 shall be for continued implementation and expansion of the Sexual Assault Special Victims’ Counsel Program: Provided, That the funds are made available for transfer to the Department of the Army, the Department of the Navy, and the Department of the Air Force: Provided further, That funds transferred shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, That this transfer December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
344 authority is in addition to any other transfer authority provided in this Act.

SEC.

8045.

(a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the depart- ment who is transferred or reassigned from a head- quarters activity if the member or employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a mili- tary department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the grant- ing of the waiver will reduce the personnel requirements or the financial requirements of the department.
(c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of im- provised explosive devices, and, as determined by the Secretary of the Army, other similar threats; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
345 (3) an Army field operating agency established to improve the effectiveness and efficiencies of bio- metric activities and to integrate common biometric technologies throughout the Department of Defense; or (4) an Air Force field operating agency estab- lished to administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Depart- ment of Defense and authorized Federal entities.

SEC.

8046.
(a) None of the funds appropriated by this Act shall be available to convert to contractor per- formance an activity or function of the Department of De- fense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian em- ployees unless— (1) the conversion is based on the result of a public-private competition that includes a most effi- cient and cost effective organization plan developed by such activity or function; (2) the Competitive Sourcing Official deter- mines that, over all performance periods stated in the solicitation of offers for performance of the ac- tivity or function, the cost of performance of the ac- tivity or function by a contractor would be less costly December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
346 to the Department of Defense by an amount that equals or exceeds the lesser of— (A) 10 percent of the most efficient organi- zation’s personnel-related costs for performance of that activity or function by Federal employ- ees; or (B) $10,000,000; and (3) the contractor does not receive an advan- tage for a proposal that would reduce costs for the Department of Defense by— (A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or (B) offering to such workers an employer- sponsored health benefits plan that requires the employer to contribute less towards the pre- mium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, require- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
347 ment, or policy to the contrary shall have full authority to enter into a contract for the performance of any com- mercial or industrial type function of the Department of Defense that— (A) is included on the procurement list estab- lished pursuant to section 2 of the Javits-Wagner- O’Day Act (section 8503 of title 41, United States Code); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handi- capped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent owner- ship by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education As- sistance Act (25 U.S.C.
450b(e)), or a Native Ha- waiian Organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C.

637(a)(15)).

(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
348 outsourcing goal, target, or measurement that may be es- tablished by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of com- mercial activities.

(RESCISSIONS) SEC.

8047.
Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and pro- grams in the specified amounts: Provided, That no amounts may be rescinded from amounts that were des- ignated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: ‘‘Aircraft Procurement, Army’’, 2021/2023, $7,300,000; ‘‘Other Procurement, Army’’, 2021/2023, $3,177,000; ‘‘Aircraft Procurement, Air Force’’, 2021/2023, $115,804,000; ‘‘Operation and Maintenance, Defense-Wide’’, 2022/2023, $105,000,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
349 ‘‘Counter-ISIS Train and Equip Fund’’, 2022/ 2023, $65,000,000; ‘‘Aircraft Procurement, Army’’, 2022/2024, $9,437,000; ‘‘Other Procurement, Army’’, 2022/2024, $71,544,000; ‘‘Shipbuilding and Conversion, Navy: CVN Re- fueling Overhauls’’, 2022/2026, $191,000,000; ‘‘Shipbuilding and Conversion, Navy: Service Craft’’, 2022/2026, $6,092,000; ‘‘Aircraft Procurement, Air Force’’, 2022/2024, $205,568,000; ‘‘Other Procurement, Air Force’’, 2022/2024, $9,100,000; ‘‘Procurement, Space Force’’, 2022/2024, $7,000,000; ‘‘Research, Development, Test and Evaluation, Army’’, 2022/2023, $26,700,000; ‘‘Research, Development, Test and Evaluation, Air Force’’, 2022/2023, $117,727,000; ‘‘Research, Development, Test and Evaluation, Space Force’’, 2022/2023, $113,400,000; and ‘‘Defense Counterintelligence and Security Agency Working Capital Fund’’, XXXX/XXXX, $30,000,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

350 SEC.

8048.
350 SEC.

8048.

None of the funds available in this Act may be used to reduce the authorized positions for mili- tary technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force struc- ture.

SEC.

8049.
SEC.

8049.

None of the funds appropriated or other- wise made available in this Act may be obligated or ex- pended for assistance to the Democratic People’s Republic of Korea unless specifically appropriated for that purpose: Provided, That this restriction shall not apply to any ac- tivities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of United States Armed Forces personnel from the Demo- cratic People’s Republic of Korea.

SEC.

8050.
Funds appropriated in this Act for oper- ation and maintenance of the Military Departments, Com- batant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or coun- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
351 terintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intel- ligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

SEC.

8051.
SEC.

8051.

(a) None of the funds available to the Department of Defense for any fiscal year for drug inter- diction or counter-drug activities may be transferred to any other department or agency of the United States ex- cept as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel- ligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other de- partment or agency of the United States except as specifi- cally provided in an appropriations law.

SEC.

8052.
SEC.

8052.

In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $49,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the determination of the Secretary of Defense that it shall serve the national inter- est, the Secretary shall make grants in the amounts speci- fied as follows: $24,000,000 to the United Service Organi- zations and $25,000,000 to the Red Cross.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

352 SEC.

8053.

Notwithstanding any other provision in this Act, the Small Business Innovation Research program and the Small Business Technology Transfer program set- asides shall be taken proportionally from all programs, projects, or activities to the extent they contribute to the extramural budget.
The Secretary of each military depart- ment, the Director of each Defense Agency, and the head of each other relevant component of the Department of Defense shall submit to the congressional defense commit- tees, concurrent with submission of the budget justifica- tion documents to Congress pursuant to section 1105 of title 31, United States Code, a report with a detailed ac- counting of the Small Business Innovation Research pro- gram and the Small Business Technology Transfer pro- gram set-asides taken from programs, projects, or activi- ties within such department, agency, or component during the most recently completed fiscal year.
SEC.

8054.

None of the funds available to the De- partment of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
353 (2) such bonus is part of restructuring costs as- sociated with a business combination.

(INCLUDING TRANSFER OF FUNDS) SEC.

8055.
During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading ‘‘Operation and Maintenance, Defense- Wide’’ may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such per- sonnel in connection with support and services for eligible organizations and activities outside the Department of De- fense pursuant to section 2012 of title 10, United States Code.
SEC.

8056.
During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has ex- pired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obliga- tion or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
354 closed account before the end of the period of avail- ability or closing of that account; (2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and (3) in the case of an expired account, the obli- gation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Au- thorization Act for Fiscal Year 1991, Public Law 101–510, as amended (31 U.S.C.
1551 note): Pro- vided, That in the case of an expired account, if sub- sequent review or investigation discloses that there was not in fact a negative unliquidated or unex- pended balance in the account, any charge to a cur- rent account under the authority of this section shall be reversed and recorded against the expired ac- count: Provided further, That the total amount charged to a current appropriation under this sec- tion may not exceed an amount equal to 1 percent of the total appropriation for that account: Provided, That the Under Secretary of Defense (Comp- troller) shall include with the budget of the President for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a statement December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
355 describing each instance if any, during each of the fiscal years 2016 through 2023 in which the authority in this section was exercised.

SEC.

8057.

(a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may per- mit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-avail- able, reimbursable basis.
The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Dis- tance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection.

Such funds shall be available for such purposes without fiscal year limitation.

SEC.

8058.
SEC.

8058.

(a) None of the funds appropriated or otherwise made available by this or prior Acts may be obli- gated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any C–40 21 aircraft.

22 23 24 25 (b) The limitation under subsection (a) shall not apply to an individual C–40 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable due to a Class A mishap.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

356 (c) If the Secretary determines under subsection (b) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification in writing that the status of such aircraft is due to a Class A mishap and not due to lack of mainte- nance, repairs, or other reasons.
(d) Not later than 90 days after the date of the enact- ment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the necessary steps taken by the Department of Defense to meet the travel requirements for official or representa- tional duties of members of Congress and the Cabinet in 13 fiscal years 2023 and 2024.

14 SEC.

8059.
SEC.

8059.

(a) None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, oper- ational use, or inventory requirements: Provided, That this restriction does not apply to end-items used in develop- ment, prototyping in accordance with an approved test strategy, and test activities preceding and leading to ac- 21 ceptance for operational use.
22 23 24 25 (b) If the number of end-items budgeted with funds appropriated in title IV of this Act exceeds the number required in an approved test strategy, the Under Secretary of Defense (Research and Engineering) and the Under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
357 Secretary of Defense (Acquisition and Sustainment), in coordination with the responsible Service Acquisition Ex- ecutive, shall certify in writing to the congressional de- fense committees that there is a bonafide need for the ad- ditional end-items at the time of submittal to Congress of the budget of the President for fiscal year 2024 pursu- ant to section 1105 of title 31, United States Code: Pro- vided, That this restriction does not apply to programs funded within the National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2024 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a report detailing the use of funds requested in research, development, test and evaluation accounts for end-items used in development, prototyping and test ac- tivities preceding and leading to acceptance for operational use: Provided, That the report shall set forth, for each end item covered by the preceding proviso, a detailed list of the statutory authorities under which amounts in the accounts described in that proviso were used for such item: Provided further, That the Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2024 pursuant to section 1105 of title 31, United States Code, submit to the con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
358 gressional defense committees a certification that funds requested for fiscal year 2024 in research, development, test and evaluation accounts are in compliance with this section: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certi- fying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.
SEC.

8060.

None of the funds appropriated or other- wise made available by this or other Department of De- fense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of De- fense, including areas in such military family housing units that may be used for the purpose of conducting offi- cial Department of Defense business.

SEC.

8061.
Notwithstanding any other provision of law, funds appropriated in this Act under the heading ‘‘Research, Development, Test and Evaluation, Defense- Wide’’ for any new start defense innovation acceleration or rapid prototyping program demonstration project with a value of more than $5,000,000 may only be obligated 15 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
359 in writing to the congressional defense committees: Pro- vided, That the Secretary of Defense may waive this re- striction on a case-by-case basis by certifying to the con- gressional defense committees that it is in the national in- terest to do so.

SEC.

8062.
SEC.

8062.

The Secretary of Defense shall continue to provide a classified quarterly report to the Committees on Appropriations of the House of Representatives and the Senate, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act.

SEC.

8063.
SEC.

8063.

Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based ele- ments of the National Ballistic Missile Defense System.

SEC.

8064.
None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military no- menclature designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to an entity performing demilitarization services for the Depart- ment of Defense under a contract that requires the entity December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
360 to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) ren- dered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a con- tract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Per- manent Export of Unclassified Military Articles issued by the Department of State.

SEC.

8065.
Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or their des- ignee, may waive payment of all or part of the consider- ation that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fra- ternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or their designee, 19 on a case-by-case basis.
(INCLUDING TRANSFER OF FUNDS) SEC.

8066.

Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Army’’, $158,967,374 shall remain available until expended: Pro- vided, That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
361 funds to other activities of the Federal Government: Pro- vided further, That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and oper- ations related to projects carrying out the purposes of this section: Provided further, That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be nec- essary: Provided further, That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the na- tional security, as determined by the Secretary of Defense.
SEC.

8067.
(a) None of the funds appropriated in this or any other Act may be used to take any action to mod- 15 ify— (1) the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account; (2) how the National Intelligence Program budget request is presented in the unclassified P–1, R–1, and O–1 documents supporting the Depart- ment of Defense budget request; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
362 (3) the process by which the National Intel- ligence Program appropriations are apportioned to the executing agencies; or (4) the process by which the National Intel- ligence Program appropriations are allotted, obli- gated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the merger of programs or changes to the Na- tional Intelligence Program budget at or below the Ex- penditure Center level, provided such change is otherwise in accordance with paragraphs (1)–(3) of subsection (a).
(c) The Director of National Intelligence and the Sec- retary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes.

Such study shall include a comprehensive counterintelligence risk as- sessment to ensure that none of the alternative processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals de- fined under subsection (c), the Director of National Intel- ligence and the Secretary of Defense shall— (1) provide the proposed alternatives to all af- fected agencies; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
363 (2) receive certification from all affected agen- cies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and (3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.

(INCLUDING TRANSFER OF FUNDS) SEC.

8068.
In addition to amounts made available elsewhere in this Act, $200,000,000 is hereby appro- priated to the Department of Defense and made available for transfer to operation and maintenance accounts, pro- curement accounts, and research, development, test and evaluation accounts only for those efforts by the United States Africa Command or United States Southern Com- mand to expand cooperation or improve the capabilities of our allies and partners in their areas of operation: Pro- vided, That none of the funds provided under this section may be obligated or expended until 60 days after the Sec- retary of Defense provides to the congressional defense committees an execution plan: Provided further, That not less than 30 days prior to any transfer of funds, the Sec- retary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
364 further, That upon transfer, the funds shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided under this section is in addition to any other transfer au- thority provided elsewhere in this Act.

(INCLUDING TRANSFER OF FUNDS) SEC.

8069.


During the current fiscal year, not to ex- ceed $11,000,000 from each of the appropriations made in title II of this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper- ation and Maintenance, Air Force’’ may be transferred by the military department concerned to its central fund es- tablished for Fisher Houses and Suites pursuant to sec- tion 2493(d) of title 10, United States Code.

(INCLUDING TRANSFER OF FUNDS) SEC.


8070.

Of the amounts appropriated for ‘‘Oper- ation and Maintenance, Navy’’, up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Serv- ice Training and Development Act (2 U.S.C.

1105).

SEC.

8071.
1105).

SEC.

8071.

None of the funds available to the De- partment of Defense may be obligated to modify command and control relationships to give Fleet Forces Command December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
365 operational and administrative control of United States Navy forces assigned to the Pacific fleet: Provided, That the command and control relationships which existed on October 1, 2004, shall remain in force until a written modification has been proposed to the Committees on Ap- propriations of the House of Representatives and the Sen- ate: Provided further, That the proposed modification may be implemented 30 days after the notification unless an objection is received from either the House or Senate Ap- propriations Committees: Provided further, That any pro- posed modification shall not preclude the ability of the commander of United States Indo-Pacific Command to meet operational requirements.
SEC.

8072.
Any notice that is required to be sub- mitted to the Committees on Appropriations of the House of Representatives and the Senate under section 3601 of title 10, United States Code, as added by section 804(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, after the date of the enactment of this Act shall be submitted pursuant to that require- ment concurrently to the Subcommittees on Defense of the Committees on Appropriations of the House of Represent- 23 atives and the Senate.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

366 (INCLUDING TRANSFER OF FUNDS) SEC.

8073.
Of the amounts appropriated in this Act under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense- Wide’’, $500,000,000 shall be for the Israeli Cooperative Programs: Provided, That of this amount, $80,000,000 shall be for the Secretary of Defense to provide to the Gov- ernment of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, sub- ject to the U.S.-Israel Iron Dome Procurement Agree- ment, as amended; $127,000,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, in- cluding cruise missile defense research and development under the SRBMD program; $40,000,000 shall be for co- production activities of SRBMD systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and proce- dures, subject to the U.S.-Israeli co-production agreement for SRBMD, as amended; $80,000,000 shall be for an upper-tier component to the Israeli Missile Defense Archi- tecture, of which $80,000,000 shall be for co-production activities of Arrow 3 Upper Tier systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and proce- dures, subject to the U.S.-Israeli co-production agreement December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
367 for Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow System Improvement Program in- cluding development of a long range, ground and airborne, detection suite: Provided further, That the transfer author- ity provided under this provision is in addition to any other transfer authority contained in this Act.

SEC.

8074.
Of the amounts appropriated in this Act under the heading ‘‘Shipbuilding and Conversion, Navy’’, $1,312,646,000 shall be available until September 30, 10 2023, to fund prior year shipbuilding cost increases for 11 the following programs: (1) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2013/2023: Carrier Replacement Program, $461,700,000; (2) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2015/2023: Virginia Class Sub- marine Program, $46,060,000; (3) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2015/2023: DDG–51 Destroyer, $30,231,000; (4) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2015/2023: Littoral Combat Ship, $4,250,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
368 (5) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2016/2023: DDG–51 Destroyer, $24,238,000; (6) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2016/2023: Virginia Class Sub- marine Program, $58,642,000; (7) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2016/2023: TAO Fleet Oiler, $9,200,000; (8) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2016/2023: Littoral Combat Ship, $18,000,000; (9) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2016/2023: CVN Refueling Over- hauls, $62,000,000; (10) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2016/2023: Towing, Salvage, and Rescue Ship Program, $1,750,000; (11) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2017/2023: DDG–51 Destroyer, $168,178,000; (12) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2017/2023: LPD–17, $17,739,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
369 (13) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2017/2023: LHA Replacement Pro- gram, $19,300,000; (14) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2017/2023: Littoral Combat Ship, $29,030,000; (15) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2018/2023: DDG–51 Destroyer, $5,930,000; (16) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2018/2023: Littoral Combat Ship, $9,538,000; (17) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2018/2023: TAO Fleet Oiler, $12,500,000; (18) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2018/2023: Towing, Salvage, and Rescue Ship Program, $2,800,000; (19) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2019/2023: Littoral Combat Ship, $6,983,000; (20) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2019/2023: TAO Fleet Oiler, $106,400,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
370 (21) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2019/2023: Towing, Salvage, and Rescue Ship Program, $2,450,000; (22) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2021/2023: Virginia Class Sub- marine Program, $200,000,000; and (23) Under the heading ‘‘Shipbuilding and Con- version, Navy’’, 2021/2023: Towing, Salvage, and Rescue Ship Program, $15,727,000.

SEC.

8075.
SEC.

8075.

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intel- ligence activities and intelligence-related activities not oth- erwise authorized in the Intelligence Authorization Act for Fiscal Year 2023 are deemed to be specifically authorized by the Congress for purposes of section 504 of the Na- tional Security Act of 1947 (50 U.S.C.

3094).

SEC.

8076.
3094).

SEC.

8076.

None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notifica- tion to the congressional defense committees.

SEC.

8077.
SEC.

8077.

In addition to amounts provided else- where in this Act, $5,000,000 is hereby appropriated to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
371 the Department of Defense, to remain available for obliga- tion until expended: Provided, That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national inter- est, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military bene- 10 ficiary.
11 12 13 SEC.

8078.

None of the funds in this Act may be used for research, development, test, evaluation, procure- ment or deployment of nuclear armed interceptors of a 14 missile defense system.

15 16 17 18 SEC.

8079.

None of the funds made available by this Act may be obligated or expended for the purpose of de- commissioning the USS Fort Worth, the USS Wichita, the USS Billings, the USS Indianapolis, or the USS St. 19 Louis.

20 SEC.

8080.
SEC.

8080.

None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squad- ron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That the Air Force December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
372 shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense re- quirements during the non-hurricane season.

SEC.

8081.
SEC.

8081.

None of the funds provided in this Act shall be available for integration of foreign intelligence in- formation unless the information has been lawfully col- lected and processed during the conduct of authorized for- eign intelligence activities: Provided, That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as imple- mented through Executive Order No.

12333.

SEC.

8082.
12333.

SEC.

8082.

(a) None of the funds appropriated by this Act may be used to transfer research and develop- ment, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from 17 the Army.

18 19 20 21 (b) The Army shall retain responsibility for and oper- ational control of the MQ–1C Gray Eagle Unmanned Aer- ial Vehicle (UAV) in order to support the Secretary of De- fense in matters relating to the employment of unmanned 22 aerial vehicles.

23 24 25 SEC.
23 24 25 SEC.

8083.

None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
373 the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2024, and except for funds appropriated for the purchase of real property, which shall remain avail- able until September 30, 2025.

SEC.

8084.
SEC.

8084.

For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be considered to be for the same purpose as any subdivision under the heading ‘‘Ship- building and Conversion, Navy’’ appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation.

SEC.

8085.
(a) Not later than 60 days after the date of enactment of this Act, the Director of National Intel- ligence shall submit a report to the congressional intel- ligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2023: Provided, That the report shall include— (1) a table for each appropriation with a sepa- rate column to display the President’s budget re- quest, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
374 (2) a delineation in the table for each appro- priation by Expenditure Center and project; and (3) an identification of items of special congres- sional interest.
(b) None of the funds provided for the National Intel- ligence Program in this Act shall be available for re- programming or transfer until the report identified in sub- section (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence com- mittees that such reprogramming or transfer is necessary 12 as an emergency requirement.

13 SEC.

8086.
SEC.

8086.

Any transfer of amounts appropriated to the Department of Defense Acquisition Workforce Devel- opment Account in or for fiscal year 2023 to a military department or Defense Agency pursuant to section 1705(e)(1) of title 10, United States Code, shall be cov- ered by and subject to section 8005 of this Act.

SEC.

8087.
SEC.

8087.

(a) None of the funds provided for the National Intelligence Program in this or any prior appro- priations Act shall be available for obligation or expendi- ture through a reprogramming or transfer of funds in ac- cordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C.

3024(d)) that— (1) creates a new start effort; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
375 (2) terminates a program with appropriated funding of $10,000,000 or more; (3) transfers funding into or out of the Na- tional Intelligence Program; or (4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intel- ligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex ac- companying the Act unless the congressional intelligence committees are notified 30 days in advance of such re- programming of funds; this notification period may be re- duced for urgent national security requirements.

SEC.

8088.
SEC.

8088.

(a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

376 other Act, upon the determination by the head of the agen- cy that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if— (1) the public posting of the report com- promises 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 10 no less than 45 days.

11 SEC.

8089.
(a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to— (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through ar- bitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including as- sault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, su- pervision, or retention; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
377 (2) take any action to enforce any provision of an existing agreement with an employee or inde- pendent contractor that mandates that the employee or independent contractor resolve through arbitra- tion any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sex- ual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by this Act may be expended for any Fed- eral contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of sub- section (a), with respect to any employee or independent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcon- tractor’’ is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).

(c) The prohibitions in this section do not apply with respect to a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the United States.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
378 (d) The Secretary of Defense may waive the applica- tion of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary per- sonally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm.
The determina- tion shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States.
The Secretary of Defense shall transmit to Con- gress, and simultaneously make public, any determination under this subsection not less than 15 business days be- fore the contract or subcontract addressed in the deter- 18 mination may be awarded.

19 (INCLUDING TRANSFER OF FUNDS) SEC.

8090.
8090.

From within the funds appropriated for operation and maintenance for the Defense Health Pro- gram in this Act, up to $168,000,000, shall be available for transfer to the Joint Department of Defense-Depart- ment of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
379 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84: Provided, That for purposes of section 1704(b), the facility operations funded are oper- ations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Vet- erans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for op- eration and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Vet- erans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Represent- 16 atives and the Senate.
17 18 19 20 SEC.

8091.

None of the funds appropriated or other- wise made available by this Act may be used by the De- partment of Defense or a component thereof in contraven- tion of the provisions of section 130h of title 10, United 21 States Code.

22 23 24 25 SEC.

8092.


Appropriations available to the Depart- ment of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of per- sonnel or for force protection purposes up to a limit of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

380 $450,000 per vehicle, notwithstanding price or other limi- tations applicable to the purchase of passenger carrying vehicles.

(INCLUDING TRANSFER OF FUNDS) SEC.

8093.
Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of the funds made available in this Act for the National Intelligence Program: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence re- quirements, than those for which originally appropriated and in no case where the item for which funds are re- quested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2023.
SEC.

8094.

Of the amounts appropriated in this Act for ‘‘Shipbuilding and Conversion, Navy’’, $133,000,000, to remain available for obligation until September 30, 2027, may be used for the purchase of two used sealift vessels for the National Defense Reserve Fleet, established under section 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C.

57100): Provided, That such amounts are December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
381 available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States De- partment of Transportation for programs, projects, activi- ties, and expenses related to the National Defense Reserve Fleet: Provided further, That notwithstanding section 2218 of title 10, United States Code, none of these funds shall be transferred to the National Defense Sealift Fund for execution.

SEC.

8095.
SEC.

8095.

The Secretary of Defense shall post grant awards on a public website in a searchable format.

SEC.

8096.
None of the funds made available by this Act may be used by the National Security Agency to— (1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or (2) acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communica- tion of a United States person from a provider of electronic communication services to the public pur- suant to section 501 of the Foreign Intelligence Sur- veillance Act of 1978.
SEC.

8097.

None of the funds made available in this or any other Act may be used to pay the salary of any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
382 officer or employee of any agency funded by this Act who approves or implements the transfer of administrative re- sponsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act with- out the express authorization of Congress: Provided, That this limitation shall not apply to transfers of funds ex- pressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense.
SEC.

8098.

Of the amounts appropriated in this Act for ‘‘Operation and Maintenance, Navy’’, $589,325,000, to remain available until expended, may be used for any purposes related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C.
57100): Provided, That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for pro- grams, projects, activities, and expenses related to the Na- 21 tional Defense Reserve Fleet.

22 23 24 25 SEC.

8099.


None of the funds made available by this Act may be used for Government Travel Charge Card ex- penses by military or civilian personnel of the Department of Defense for gaming, or for entertainment that includes December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
383 topless or nude entertainers or participants, as prohibited by Department of Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction 1015.10 (enclo- sure 3, 14a and 14b).

SEC.

8100.
(a) None of the funds provided in this Act for the TAO Fleet Oiler program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propel- lers); shipboard cranes; spreaders for shipboard cranes; and anchor chains, specifically for the seventh and subse- 14 quent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X) Frigate program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Air circuit breakers; gyrocompasses; electronic navigation chart systems; steering controls; pumps; propulsion and machinery control systems; totally enclosed lifeboats; auxiliary equipment pumps; shipboard cranes; auxiliary chill water systems; and propulsion pro- pellers: Provided, That the Secretary of the Navy shall in- corporate United States manufactured propulsion engines December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
384 and propulsion reduction gears into the FFG(X) Frigate program beginning not later than with the eleventh ship of the program.

SEC.

8101.
None of the funds provided in this Act for requirements development, performance specification development, concept design and development, ship con- figuration development, systems engineering, naval archi- tecture, marine engineering, operations research analysis, industry studies, preliminary design, development of the Detailed Design and Construction Request for Proposals solicitation package, or related activities for the T– ARC(X) Cable Laying and Repair Ship or the T– AGOS(X) Oceanographic Surveillance Ship may be used to award a new contract for such activities unless these contracts include specifications that all auxiliary equip- ment, including pumps and propulsion shafts, are manu- 17 factured in the United States.
18 19 20 SEC.

8102.

No amounts credited or otherwise made available in this or any other Act to the Department of Defense Acquisition Workforce Development Account may 21 be transferred to: 22 23 24 25 (1) the Rapid Prototyping Fund established under section 804(d) of the National Defense Au- thorization Act for Fiscal Year 2016 (10 U.S.C.

2302 note); or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
385 (2) credited to a military-department specific fund established under section 804(d)(2) of the Na- tional Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of the National Defense Authorization Act for Fiscal Year 2017).

SEC.

8103.
From funds made available in title II of this Act, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles up to a limit of $75,000 per vehicle; and (2) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles.
SEC.

8104.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out crimi- nal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, in- 25 cluding intelligence activities.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

386 SEC.

8105.
None of the funds provided for, or other- wise made available, in this or any other Act, may be obli- gated or expended by the Secretary of Defense to provide motorized vehicles, aviation platforms, munitions other than small arms and munitions appropriate for customary ceremonial honors, operational military units, or oper- ational military platforms if the Secretary determines that providing such units, platforms, or equipment would un- dermine the readiness of such units, platforms, or equip- 10 ment.
SEC.

8106.
(a) None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that has any unpaid Federal tax liabil- ity that has been assessed, for which all judicial and ad- ministrative 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 col- lecting such tax liability, provided that the applicable Fed- eral agency is aware of the unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal agency has considered suspension or debarment of the corporation described in such subsection and has made a determination that such suspension or debarment December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

387 is not necessary to protect the interests of the Federal Government.

SEC.

8107.
(a) Amounts appropriated under title IV of this Act, as detailed in budget activity eight of the ‘‘Ex- planation of Project Level Adjustments’’ tables in the ex- planatory statement regarding this Act, may be used for expenses for the agile research, development, test and evaluation, procurement, production, modification, and op- eration and maintenance, only for the following Software and Digital Technology Pilot programs— (1) Defensive CYBER (PE 0608041A); (2) Risk Management Information (PE 0608013N); (3) Maritime Tactical Command and Control (PE 0608231N); (4) Space Command & Control (PE 1208248SF); (5) National Background Investigation Services (PE 0608197V); (6) Global Command and Control System (PE 0303150K); and (7) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department of Defense Appropriations Acts may be obli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

388 gated or expended to initiate additional Software and Dig- ital Technology Pilot Programs in fiscal year 2023.

SEC.

8108.
In addition to amounts provided else- where in this Act, there is appropriated $686,500,000, for an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended: Pro- vided, That such funds shall only be available to the Sec- retary of Defense, acting through the Office of Local De- fense Community Cooperation of the Department of De- fense, or for transfer to the Secretary of Education, not- withstanding any other provision of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand el- ementary and secondary public schools on military instal- lations in order to address capacity or facility condition deficiencies at such schools: Provided further, That in making such funds available, the Office of Local Defense Community Cooperation or the Secretary of Education shall give priority consideration to those military installa- tions with schools having the most serious capacity or fa- cility condition deficiencies as determined by the Secretary of Defense: Provided further, That as a condition of receiv- ing funds under this section a local educational agency or State shall provide a matching share as described in the notice titled ‘‘Department of Defense Program for Con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
389 struction, Renovation, Repair or Expansion of Public Schools Located on Military Installations’’ published by the Department of Defense in the Federal Register on September 9, 2011 (76 Fed.

Reg.

55883 et seq.
Reg.

55883 et seq.

): Provided further, That these provisions apply to funds provided under this section, and to funds previously provided by Congress to construct, renovate, repair, or expand elemen- tary and secondary public schools on military installations in order to address capacity or facility condition defi- ciencies at such schools to the extent such funds remain unobligated on the date of enactment of this section.

SEC.

8109.
SEC.

8109.

None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): (1) Section 2340A of title 18, United States Code.

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat.

2681–822; 8 U.S.C.
2681–822; 8 U.S.C.

1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Fed- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

390 eral Regulations, and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109– 148).

SEC.

8110.
Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Defense- Wide’’, for the Defense Security Cooperation Agency, $300,000,000, to remain available until September 30, 2024, shall be for the Ukraine Security Assistance Initia- tive: Provided, That such funds shall be available to the Secretary of Defense, with the concurrence of the Sec- retary of State, to provide assistance, including training; equipment; lethal assistance; logistics support, supplies and services; salaries and stipends; sustainment; and intel- ligence support to the military and national security forces of Ukraine, and to other forces or groups recognized by and under the authority of the Government of Ukraine, including governmental entities within Ukraine, engaged in resisting Russian aggression against Ukraine, for re- placement of any weapons or articles provided to the Gov- ernment of Ukraine from the inventory of the United States, and to recover or dispose of equipment procured December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
391 using funds made available in this section in this or prior Acts: Provided further, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense shall, not more than 60 days after such notification is made, inform such committees if such funds have not been obligated and the reasons therefor: Provided further, That the Secretary of Defense shall consult with such committees in advance of the provision of support provided to other forces or groups recognized by and under the authority of the Gov- ernment of Ukraine: Provided further, That the United States may accept equipment procured using funds made available in this section in this or prior Acts transferred to the security forces of Ukraine and returned by such forces to the United States: Provided further, That equip- ment procured using funds made available in this section in this or prior Acts, and not yet transferred to the mili- tary or national security forces of Ukraine or to other as- sisted entities, or returned by such forces or other assisted entities to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That the Secretary of Defense shall provide quarterly re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
392 ports to the congressional defense committees on the use and status of funds made available in this section.

SEC.

8111.
SEC.

8111.

During the current fiscal year, the De- partment of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in sec- tion 2350j(c) of title 10, United States Code, in anticipa- tion of receipt of contributions, only from the Government of Kuwait, under that section: Provided, That, such con- tributions shall, upon receipt, be credited to the appropria- tions or fund which incurred such obligations.

SEC.

8112.
Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Defense- Wide’’, for the Defense Security Cooperation Agency, $1,510,260,000, to remain available until September 30, 2024, shall be available for International Security Co- operation Programs and other programs to provide sup- port and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or building partner ca- pacity programs: Provided, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obliga- tion: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropria- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
393 tions of the House of Representatives and the Senate on the use and status of funds made available in this section.

SEC.

8113.
SEC.

8113.

Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Defense- Wide’’, for the Defense Security Cooperation Agency, $410,000,000, to remain available until September 30, 2024, shall be available to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226 of the Na- tional Defense Authorization Act for Fiscal Year 2016 (22 U.S.C.
2151 note), for enhanced border security, of which not less than $150,000,000 shall be for Jordan: Provided, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obligation and the nature of the expenses incurred: Provided further, That the Sec- retary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Represent- atives and the Senate on the use and status of funds made 20 available in this section.
SEC.

8114.

None of the funds made available by this Act may be used in contravention of the War Powers Res- olution (50 U.S.C.

1541 et seq.).

SEC.

8115.

None of the funds made available by this Act for excess defense articles, assistance under section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
394 333 of title 10, United States Code, or peacekeeping oper- ations for the countries designated annually to be in viola- tion of the standards of the Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C.
2370c–1) may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008, unless such assistance is other- wise permitted under section 404 of the Child Soldiers Prevention Act of 2008.

SEC.

8116.

None of the funds made available by this Act may be made available for any member of the Taliban.

SEC.

8117.
SEC.

8117.

Notwithstanding any other provision of law, any transfer of funds, appropriated or otherwise made available by this Act, for support to friendly foreign coun- tries in connection with the conduct of operations in which the United States is not participating, pursuant to section 331(d) of title 10, United States Code, shall be made in accordance with section 8005 of this Act.

SEC.

8118.
SEC.

8118.

(a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

395 or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limita- tion in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intel- ligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writ- ing to the congressional defense committees that— (1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Govern- ment of the Syrian Arab Republic; (2) the armed forces of the Russian Federation have withdrawn from Ukraine; and (3) agents of the Russian Federation have ceased taking active measures to destabilize the con- trol of the Government of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of De- fense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector Gen- eral shall submit to the congressional defense committees December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
396 a report containing the results of the review conducted with respect to such waiver.

(INCLUDING TRANSFER OF FUNDS) SEC.

8119.
In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $1,000,000,000, to remain available until September 30, 2024, is hereby appropriated to the Department of De- fense and made available for transfer only to other appro- priations available to the Department of Defense in De- partment of Defense Appropriations Acts: Provided, That such funds shall be available to the Secretary of Defense for the purpose of conducting activities relating to im- provements of infrastructure and defueling at the Red Hill Bulk Fuel Storage Facility: Provided further, That amounts transferred pursuant to this appropriation shall be merged with, and be available for the same purposes and time period as the appropriations to which trans- ferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided in this section, such amounts may be transferred back to this section: Provided further, That the transfer authority provided pursuant to this section is in addition to any other trans- fer authority provided by law: Provided further, That not less than 30 days prior to any transfer of funds pursuant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
397 to this section, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That not later than 60 days after the enactment of this Act and every 30 days thereafter through fiscal year 2024, the Secretary of De- fense shall submit a report to the Committees on Appro- priations of the House of Representatives and Senate, set- ting forth all categories and amounts of obligations and expenditures made under the authority provided in this 10 section.
SEC.

8120.

(a) Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Secretary of State, for use by the United States Agency for International Development, amounts to be used for the Bien Hoa dioxin cleanup in Vietnam.

(b) Not more than $15,000,000 may be transferred in each of fiscal years 2024 through 2030 under the trans- fer authority in subsection (a).
(c) The transfer authority in subsection (a) is in addi- tion to any other transfer authority available to the De- 21 partment of Defense.

22 23 24 (d) If the Secretary of Defense determines to use the transfer authority in subsection (a), the Secretary shall notify the congressional defense committees of that deter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
398 mination not later than 30 days before the Secretary uses the transfer authority.

(INCLUDING TRANSFER OF FUNDS) SEC.

8121.
In addition to amounts appropriated in title III, title IV, or otherwise made available elsewhere in this Act, $1,052,501,000 is hereby appropriated to the Department of Defense and made available for transfer to the procurement and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, and Space Force to reflect revised economic as- sumptions: Provided, That the transfer authority provided under this section is in addition to any other transfer au- thority provided elsewhere in this Act: Provided further, That none of the funds provided under this section may be obligated or expended until 30 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed 18 execution plan for such funds.
SEC.

8122.

Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign ex- change rates, the total amount appropriated in this Act is hereby reduced by $956,400,000.

SEC.

8123.

Equipment procured using funds provided in prior Acts under the heading ‘‘Counterterrorism Part- nerships Fund’’ for the program authorized by section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
399 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), or under the heading ‘‘Iraq Train and Equip Fund’’ for the program authorized by section 1236 of such Act, and not yet transferred to authorized recipients may be transferred to foreign security forces, irregular forces, groups, or individuals, authorized to re- ceive assistance using amounts provided under the heading ‘‘Counter-ISIS Train and Equip Fund’’ in this Act: Pro- vided, That such equipment may be transferred 15 days following written notification to the congressional defense 12 committees.
SEC.

8124.
Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Defense- Wide’’, for the Defense Security Cooperation Agency, $25,000,000, to remain available until September 30, 2024, shall be for payments to reimburse key cooperating nations for logistical, military, and other support, includ- ing access, provided to United States military and stability operations to counter the Islamic State of Iraq and Syria: Provided, That such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consulta- tion with the Director of the Office of Management and Budget, may determine, based on documentation deter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
400 mined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following written notification to the appropriate congressional committees: Provided further, That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military and stability operations to counter the Islamic State of Iraq and Syria, and 15 days following written notification to the appropriate con- gressional committees: Provided further, That the Sec- retary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Represent- atives and the Senate on the use and status of funds made 17 available in this section.
SEC.

8125.

In carrying out the program described in the memorandum on the subject of ‘‘Policy for Assisted Reproductive Services for the Benefit of Seriously or Se- verely Ill/Injured (Category II or III) Active Duty Service Members’’ issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such memorandum, the Secretary of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
Defense shall apply such policy and guidance, except 401 that— (1) the limitation on periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (2) the term ‘‘assisted reproductive technology’’ shall include embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.

SEC.

8126.
SEC.

8126.

None of the funds appropriated or other- wise made available by this Act may be used to transfer the National Reconnaissance Office to the Space Force: Provided, That nothing in this Act shall be construed to limit or prohibit cooperation, collaboration, and coordina- tion between the National Reconnaissance Office and the Space Force or any other elements of the Department of Defense.

19 SEC.

8127.
SEC.

8127.

Funds awarded pursuant to the authority in section 8085 of the Department of Defense Appropria- tions Act, 2010 (Public Law 111–118) to the Edward M. Kennedy Institute for the Senate may be used for facility operations and maintenance, and program activities, with- out regard to any previous endowment disbursement limi- 25 tations.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

402 SEC.

8128.
The Secretary of Defense shall notify the congressional defense committees in writing not more than 30 days after the receipt of any contribution of funds re- ceived from the government of a foreign country for any purpose relating to the stationing or operations of the United States Armed Forces: Provided, That such notifi- cation shall include the amount of the contribution; the purpose for which such contribution was made; and the authority under which such contribution was accepted by the Secretary of Defense: Provided further, That not fewer than 15 days prior to obligating such funds, the Secretary of Defense shall submit to the congressional defense com- mittees in writing a notification of the planned use of such contributions, including whether such contributions would support existing or new stationing or operations of the 16 United States Armed Forces.
SEC.

8129.
8129.

(a) The Chairman of the Joint Chiefs, in coordination with the Secretaries of the military depart- ments and the Chiefs of the Armed Forces, shall submit to the congressional defense committees, not later than 30 days after the last day of each quarter of the fiscal year, a report on the use of operation and maintenance funds for activities or exercises in excess of $5,000,000 that have been designated by the Secretary of Defense as unplanned 25 activities for fiscal year 2023.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
403 (b) Each report required by subsection (a) shall also include— (1) the title, date, and location, of each activity and exercise covered by the report; (2) an identification of the military department and units that participated in each such activity or exercise (including an estimate of the number of participants); (3) the total cost of the activity or exercise, by budget line item (with a breakdown by cost element such as transportation); and (4) a short explanation of the objective of the activity or exercise.
(c) The report required by subsection (a) shall be submitted in unclassified form, but may include a classi- fied annex.

17 SEC.

8130.
Not later than 15 days after the date on which any foreign base that involves the stationing or op- erations of the United States Armed Forces, including a temporary base, permanent base, or base owned and oper- ated by a foreign country, is opened or closed, the Sec- retary of Defense shall notify the congressional defense committees in writing of the opening or closing of such base: Provided, That such notification shall also include December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
404 information on any personnel changes, costs, and savings associated with the opening or closing of such base.

SEC.

8131.

None of the funds made available by this Act may be used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C.

1541 et seq.
1541 et seq.

), in- cluding for the introduction of United States Armed Forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly indi- cated by the circumstances, or into Iraqi territory, air- space, or waters while equipped for combat, in contraven- tion of the congressional consultation and reporting re- quirements of sections 3 and 4 of such Resolution (50 13 U.S.C.

1542 and 1543).

14 SEC.

8132.
SEC.

8132.

None of the funds made available by this Act may be used with respect to Syria in contravention of the War Powers Resolution (50 U.S.C.

1541 et seq.
1541 et seq.

), including for the introduction of United States armed or military forces into hostilities in Syria, into situations in Syria where imminent involvement in hostilities is clearly indicated by the circumstances, or into Syrian territory, airspace, or waters while equipped for combat, in con- travention of the congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C.

24 1542 and 1543).
24 1542 and 1543).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

405 SEC.

8133.

Nothing in this Act may be construed as authorizing the use of force against Iran or the Demo- cratic People’s Republic of Korea.

SEC.

8134.
SEC.

8134.

None of the funds appropriated or other- wise made available by this or any other Act shall be obli- gated or expended by the United States Government for a purpose as follows: (1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.

(2) To exercise United States control over any oil resource of Iraq or Syria.

SEC.

8135.
SEC.

8135.

None of the funds made available by this Act under the heading ‘‘Counter-ISIS Train and Equip Fund’’, and under the heading ‘‘Operation and Mainte- nance, Defense-Wide’’ for Department of Defense security cooperation grant programs, may be used to procure or transfer man-portable air defense systems.

SEC.

8136.
SEC.

8136.

Up to $500,000,000 of funds appro- priated by this Act for the Defense Security Cooperation Agency in ‘‘Operation and Maintenance, Defense-Wide’’ may be used to provide assistance to the Government of Jordan to support the armed forces of Jordan and to en- hance security along its borders.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

406 SEC.

8137.
8137.

None of the funds made available by this Act may be used to support any activity conducted by, or associated with, the Wuhan Institute of Virology.

SEC.

8138.

None of the funds made available by this Act may be used to provide arms, training, or other assist- ance to the Azov Battalion.

SEC.

8139.
SEC.

8139.

None of the funds appropriated or other- wise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at United States Naval Station, Guanta´namo Bay, Cuba, by the Department of Defense.
SEC.

8140.
None of the funds appropriated or other- wise made available in this Act may be used to transfer any individual detained at United States Naval Station Guanta´namo Bay, Cuba, to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity except in accordance with sec- tion 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1035 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
407 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).

SEC.

8141.

(a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the ef- fective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guanta´namo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guanta´namo Bay, Cuba.

SEC.

8142.
SEC.

8142.

None of the funds made available by this Act may be used to carry out the closure or realignment December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

of the United States Naval Station, Guanta´namo Bay, 408 Cuba.

SEC.

8143.
None of the funds made available by this Act may be used to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China unless the Secretary of De- fense determines that a waiver to such prohibition is in the national security interests of the United States and, not later than 14 days after granting such a waiver, sub- mits to the congressional defense committees a detailed justification for the waiver, including— (1) an identification of the Department of De- fense entity obligating or expending the funds; (2) an identification of the amount of such funds; (3) an identification of the intended purpose of such funds; (4) an identification of the recipient or prospec- tive recipient of such funds (including any third- party entity recipient, as applicable); (5) an explanation for how the waiver is in the national security interests of the United States; and (6) any other information the Secretary deter- mines appropriate.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

409 SEC.

8144.
(a) Within 45 days of enactment of this Act, the Secretary of Defense shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund for fiscal year 2023 pursuant to the transfer authority in sec- tion 102(b)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activities spec- ified, in the table titled ‘‘Department of Defense Alloca- tion of Funds: CHIPS and Science Act Fiscal Year 2023’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allo- cate any amounts that are made available for any fiscal year under section 102(b)(2) of the CHIPS Act of 2022 if there is in effect an Act making or continuing appro- priations for part of a fiscal year for the Department of Defense: Provided, That in any fiscal year, the matter pre- ceding this proviso shall not apply to the allocation, appor- tionment, or allotment of amounts for continuing adminis- tration of programs allocated using funds transferred from the CHIPS for America Defense Fund, which may be allo- cated pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 only in amounts that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
410 are no more than the allocation for such purposes in sub- section (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated by subsection (a) of this section, subject to the terms and conditions contained in the provisos in section 8005 of this Act: Provided, That amounts may be reallo- cated pursuant to this subsection only for those require- ments necessary to carry out section 9903(b) of the Wil- liam M. (Mac) Thornberry National Defense Authoriza- tion Act for Fiscal Year 2021 (Public Law 116–283).
(d) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of De- fense shall submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(b)(2) of the CHIPS Act of 2022 for 18 fiscal year 2024.
(e) The Department of Defense shall provide the Committees on Appropriations of the House of Represent- atives and Senate quarterly reports on the status of bal- ances of projects and activities funded by the CHIPS for America Defense Fund for amounts allocated pursuant to subsection (a) of this section, including all uncommitted, committed, and unobligated funds.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
411 1 2 This division may be cited as the ‘‘Department of De- fense Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
412 DIVISION D—ENERGY AND WATER DEVEL- OPMENT AND RELATED AGENCIES AP- PROPRIATIONS ACT, 2023 TITLE I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS—CIVIL The following appropriations shall be expended under the direction of the Secretary of the Army and the super- vision of the Chief of Engineers for authorized civil func- tions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore pro- tection, 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 re- lated 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
413 of projects prior to construction, $172,500,000, to remain available until expended: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.
CONSTRUCTION For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore pro- tection, 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 specifica- tions, shall not constitute a commitment of the Govern- ment to construction); $1,808,800,000, to remain avail- able until expended; of which $75,518,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 35 per- cent of the costs of construction, replacement, rehabilita- tion, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: Provided, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
414 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 allu- vial valley below Cape Girardeau, Missouri, as authorized by law, $370,000,000, to remain available until expended, of which $15,390,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for in- land harbors: Provided, That the Secretary shall not devi- ate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of 15 Congress.
OPERATION AND MAINTENANCE For expenses necessary for the operation, mainte- nance, 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, includ- ing 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
415 and charting northern and northwestern lakes and con- necting waters; clearing and straightening channels; and removing obstructions to navigation, $5,078,500,000, to remain available until expended, of which $2,227,092,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors; of which such sums as become available from the special account for the Corps of Engi- neers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and mainte- nance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104–303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $56,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Devel- opment Act of 2014 (33 U.S.C.
2238c) and shall be des- ignated as being for such purpose pursuant to paragraph (2)(B) of section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116– December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
416 136): Provided, That 1 percent of the total amount of funds provided for each of the programs, projects, or ac- tivities 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 ac- tivities as the Chief of Engineers determines to be nec- essary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.
REGULATORY PROGRAM For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $218,000,000, to remain available until September 30, 20 2024.

21 22 23 24 25 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM For expenses necessary to clean up contamination from sites in the United States resulting from work per- formed as part of the Nation’s early atomic energy pro- gram, $400,000,000, to remain available until expended.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

417 FLOOD CONTROL AND COASTAL EMERGENCIES For expenses necessary to prepare for flood, hurri- cane, 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 re- main available until expended.
EXPENSES For expenses necessary for the supervision and gen- eral administration of the civil works program in the head- quarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and op- eration of the Humphreys Engineer Center Support Activ- ity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Cen- ter 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 ac- tivities of the division offices: Provided further, That any Flood Control and Coastal Emergencies appropriation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
418 may be used to fund the supervision and general adminis- tration of emergency operations, repairs, and other activi- ties 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 Sec- retary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), to specific programs, projects, or activities.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT For administrative expenses to carry out the direct and guaranteed loan programs authorized by the Water Infrastructure Finance and Innovation Act of 2014, $7,200,000, to remain available until September 30, 2024.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

419 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 pro- gram, project, or activity for which funds have been denied or restricted by this Act, unless prior ap- proval is received from the Committees on Appro- priations 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 con- tained in paragraphs (6) through (10), unless prior December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
420 approval is received from the Committees on Appro- priations 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 activ- ity 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 con- tractor claims, changed conditions, or real estate de- ficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropria- tion for existing obligations and concomitant admin- istrative expenses; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
421 (8) OPERATION AND MAINTENANCE.—Unlim- ited reprogramming authority is granted for the Corps to be able to respond to emergencies: Pro- vided, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon there- after as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be repro- grammed 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, Con- struction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, re- spectively; and (10) FORMERLY UTILIZED SITES REMEDIAL AC- TION PROGRAM.—Reprogramming of up to 15 per- cent of the base of the receiving project is permitted.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

422 (b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be sub- mitted to the Committees on Appropriations of both Houses of Congress.

(c) CONTINUING AUTHORITIES PROGRAM.—Sub- section (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 enact- ment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Con- gress to establish the baseline for application of re- programming and transfer authorities for the current fis- 13 cal year which shall include: (1) A table for each appropriation with a sepa- rate column to display the President’s budget re- quest, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fis- cal year enacted level; (2) A delineation in the table for each appro- priation 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 congres- sional interest.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

423 SEC.

102.

The Secretary shall allocate funds made available in this Act solely in accordance with the provi- sions of this Act and in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act).

SEC.

103.
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, ex- cept that such amounts may include any funds that have been made available through reprogramming pursuant to 12 section 101.

13 14 15 16 17 SEC.

104.
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 18 of Engineers projects.

19 SEC.

105.
SEC.

105.

None of the funds in this Act shall be used for an open lake placement alternative for dredged mate- rial, after evaluating the least costly, environmentally ac- ceptable 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
424 Pollution Control Act (33 U.S.C.

1341): Provided, That until an open lake placement alternative for dredged mate- rial 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.
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, Ken- tucky, project authorized under the Act of July 24, 1946 12 (60 Stat.

636, ch.

595).

13 14 15 16 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 an- 17 other department or agency.

18 19 SEC.

108.

Additional funding provided in this Act shall be allocated only to projects determined to be eligible 20 by the Chief of Engineers.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
425 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 de- posited into the Utah Reclamation Mitigation and Con- servation Account for use by the Utah Reclamation Miti- gation and Conservation Commission: Provided, That of the amount provided under this heading, $1,600,000 shall be available until September 30, 2024, for expenses nec- essary in carrying out related responsibilities of the Sec- retary of the Interior: Provided further, That for fiscal year 2023, of the amount made available to the Commis- sion under this Act or any other Act, the Commission may use an amount not to exceed $1,880,000 for administra- tive expenses.
19 20 21 BUREAU OF RECLAMATION The following appropriations shall be expended to execute authorized functions of the Bureau of Reclama- 22 tion: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
426 WATER AND RELATED RESOURCES (INCLUDING TRANSFERS OF FUNDS) For management, development, and restoration of water and related natural resources and for related activi- ties, including the operation, maintenance, and rehabilita- tion of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Ameri- cans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,787,151,000, to remain available until expended, of which $22,165,000 shall be available for transfer to the Upper Colorado River Basin Fund and $7,584,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be ad- vanced to the Colorado River Dam Fund: Provided, That $500,000 shall be available for transfer into the Aging In- frastructure 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 fur- ther, That of the total appropriated, the amount for pro- gram activities that can be financed by the Reclamation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
427 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 pur- poses for which the funds were contributed: Provided fur- ther, 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 depos- ited in the San Gabriel Basin Restoration Fund estab- lished 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-pri- ority projects which shall be carried out by the Youth Con- servation Corps, as authorized by 16 U.S.C.
1706: Pro- vided further, That within available funds, $250,000 shall be for grants and financial assistance for educational ac- tivities: Provided further, That in accordance with section 4007 of Public Law 114–322 and as recommended by the Secretary in a letter dated November 30, 2022, funding provided for such purpose in fiscal years 2021 and 2022 shall be made available to the Los Vaqueros Reservoir Ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
428 pansion Project Phase 2, and the North-of-the-Delta Off Stream Storage (Sites Reservoir Project): Provided fur- ther, That in accordance with section 4009(a) of Public Law 114–322 and as recommended by the Secretary in a letter dated November 30, 2022, funding provided for such purpose in fiscal year 2022 shall be made available to the El Paso Water Utilities Public Service Board: Pro- vided further, That in accordance with section 4009(c) of Public Law 114–322 and as recommended by the Sec- retary in a letter dated November 30, 2022, funding pro- vided for such purpose in fiscal year 2022 shall be made available to the Eastern Municipal Water District.
CENTRAL VALLEY PROJECT RESTORATION FUND For carrying out the programs, projects, plans, habi- tat 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 Val- ley 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 Bu- reau 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 acquisi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
429 tion 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 ex- pended, 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 appro- priated 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 bal- anced manner with clear performance measures dem- onstrating 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 Bu- reau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclama- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

430 tion Fund and be nonreimbursable as provided in 43 U.S.C.
377: Provided, That no part of any other appro- priation in this Act shall be available for activities or func- tions 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 agen- cies 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 re- stricted by this Act, unless prior approval is received December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
431 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 Commit- tees 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 avail- able 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 avail- able at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabili- tation 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
432 $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate de- ficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress.

(b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category.
(c) For purposes of this section, the term ‘‘transfer’’ means any movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading ‘‘Bureau of Reclamation—Water and Related Resources’’ shall be expended for the programs, projects, and activities specified in the ‘‘Final Bill’’ columns in the ‘‘Water and Related Resources’’ table included under the heading ‘‘Title II—Department of the Interior’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds repro- grammed between programs, projects, activities, or cat- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

433 egories of funding.

The first quarterly report shall be sub- mitted not later than 60 days after the date of enactment of this Act.

SEC.

202.
SEC.

202.

(a) None of the funds appropriated or oth- erwise made available by this Act may be used to deter- mine 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 En- vironmental Protection Agency, to minimize any detri- mental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drain- age 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—Alter- native Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro- gram and San Joaquin Valley Drainage Program, Feb- ruary 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

434 be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law.

SEC.

203.

Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10364(e)) is amended by striking ‘‘$750,000,000’’ and inserting ‘‘$820,000,000’’.

SEC.

204.

(a) Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat.

1681), as amended by section 204 of division D of Public Law 117– 103, shall be applied by substituting ‘‘2023’’ for ‘‘2022’’ each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) is amended by strik- ing ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’.

SEC.

205.

Section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting ‘‘2023’’ for ‘‘2022’’.

SEC.

206.

(a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2214(c)) shall be applied by substituting ‘‘2023’’ for 22 ‘‘2022’’.

23 24 (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.

2241) shall be ap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

435 plied by substituting ‘‘2023’’ for ‘‘2022’’ and by sub- stituting ‘‘$130,000,000’’ for ‘‘$120,000,000’’.

SEC.

207.
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 in- serting ‘‘$40,000,000’’.

SEC.

208.
None of the funds made available by this Act may be used for pre-construction or construction ac- tivities for any project recommended after enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2020 and prior to enactment of this Act by the Secretary of the Interior and transmitted to the appropriate committees of Congress pursuant to sec- tion 4007 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322) if such project is not named in this Act, Public Law 116–260, or Public 17 Law 117–43.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

436 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 cap- ital 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.
7101 et seq.

), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $3,460,000,000, to remain available until expended: Pro- vided, That of such amount, $223,000,000 shall be avail- able 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 cap- ital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency re- sponse activities in carrying out the purposes of the De- partment of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

437 tion, construction, or expansion, $200,000,000, to remain available until expended: Provided, That of such amount, $25,143,000 shall be available until September 30, 2024, for program direction.
ELECTRICITY For Department of Energy expenses including the purchase, construction, and acquisition of plant and cap- ital equipment, and other expenses necessary for elec- tricity activities in carrying out the purposes of the De- partment of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisi- tion, construction, or expansion, $350,000,000, to remain available until expended: Provided, That of such amount, $23,000,000 shall be available until September 30, 2024, for program direction.
NUCLEAR ENERGY (INCLUDING TRANSFER OF FUNDS) For Department of Energy expenses including the purchase, construction, and acquisition of plant and cap- ital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the De- partment of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
438 tion, construction, or expansion, $1,473,000,000, to re- main available until expended, of which $20,000,000 shall be transferred to ‘‘Department of Energy—Energy Pro- grams—Science’’, for hot cells operations and mainte- nance: Provided, That of such amount, $85,000,000 shall be available until September 30, 2024, for program direc- tion: 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 speci- fied as including that purpose in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table included under the heading ‘‘Title III—Department of Energy’’ in the explan- atory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act).
FOSSIL ENERGY AND CARBON MANAGEMENT For Department of Energy expenses necessary in car- rying out fossil energy and carbon management research and development activities, under the authority of the De- partment of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), including the acquisition of interest, including defea- sible 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
439 social and environmental costs (30 U.S.C.

3, 1602, and 1603), $890,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be avail- able until September 30, 2024, for program direction.

ENERGY PROJECTS For Department of Energy expenses necessary in car- rying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), $221,968,652, to remain avail- able until expended, for projects specified in the table that appears under the heading ‘‘Community Project Funding and Congressionally Directed Spending of Energy Projects’’ in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consoli- 15 dated 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: Pro- vided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve ac- 23 tivities.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
440 STRATEGIC PETROLEUM RESERVE For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and op- erations and program management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.

6201 et seq.

), $207,175,000, to remain available until expended.
SPR PETROLEUM ACCOUNT For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pur- suant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.

6201 et seq.

), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.

6241, 6239 note), section 32204 of the Fixing America’s Surface Transportation Act (42 U.S.C.

6241 note), and section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C.
6241 note), $100,000, to remain available until ex- pended: Provided, That of the unobligated balances from amounts deposited under this heading pursuant to section 167(b)(3) of the Energy Policy and Conservation Act (42 U.S.C.

6247(b)(3)), $2,052,000,000 is hereby perma- nently rescinded not later than September 30, 2023.
NORTHEAST HOME HEATING OIL RESERVE For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

441 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 car- rying out the activities of the Energy Information Admin- istration, $135,000,000, to remain available until ex- pended.
NON-DEFENSE ENVIRONMENTAL CLEANUP For Department of Energy expenses, including the purchase, construction, and acquisition of plant and cap- ital equipment and other expenses necessary for non-de- fense 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 con- demnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of one passenger motor vehicle, $358,583,000, to remain available until expended: Provided, That in addi- tion, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2023 pursuant to section 309 of title III of division C of Public Law 116–94 are appro- priated, to remain available until expended, for mercury storage costs.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
442 URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND For Department of Energy expenses necessary in car- rying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activi- ties of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $879,052,000, to be derived from the Uranium Enrich- ment Decontamination and Decommissioning Fund, to re- main available until expended, of which $14,800,000 shall be available in accordance with title X, subtitle A, of the 12 Energy Policy Act of 1992.
SCIENCE For Department of Energy expenses including the purchase, construction, and acquisition of plant and cap- ital 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.
7101 et seq.

), in- cluding the acquisition or condemnation of any real prop- erty or any facility or for plant or facility acquisition, con- struction, or expansion, and purchase of not more than 35 passenger motor vehicles, including one ambulance, for replacement only, $8,100,000,000, to remain available until expended: Provided, That of such amount, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
443 $211,211,000 shall be available until September 30, 2024, for program direction.

NUCLEAR WASTE DISPOSAL For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97– 425, as amended, $10,205,000, to remain available until expended, which shall be derived from the Nuclear Waste Fund.
TECHNOLOGY TRANSITIONS For Department of Energy expenses necessary for carrying out the activities of technology transitions, $22,098,000, to remain available until expended: Pro- vided, That of such amount, $13,183,000 shall be avail- able until September 30, 2024, for program direction.
CLEAN ENERGY DEMONSTRATIONS For Department of Energy expenses, including the purchase, construction, and acquisition of plant and cap- ital equipment and other expenses necessary for clean en- ergy demonstrations in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisi- tion, construction, or expansion, $89,000,000, to remain available until expended: Provided, That of such amount, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

444 $25,000,000 shall be available until September 30, 2024, for program direction.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY For Department of Energy expenses necessary in car- rying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110–69), $470,000,000, to remain available until expended: Pro- vided, That of such amount, $37,000,000 shall be avail- able until September 30, 2024, for program direction.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM (INCLUDING RESCISSION OF FUNDS) Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Con- gressional Budget Act of 1974: Provided, That for nec- essary 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 appro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
445 priation and shall remain available until September 30, 2024: Provided further, That to the extent that fees col- lected in fiscal year 2023 exceed $66,206,000, those ex- cess 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 re- ceived during fiscal year 2023 (estimated at $35,000,000) and (2) to the extent that any remaining general fund ap- propriations 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 obli- gation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaran- teed Obligation to any loan or other debt obligations in violation of section 609.10 of title 10, Code of Federal 20 Regulations.
Of the unobligated balances from amounts made available in the first proviso of section 1425 of the Depart- ment of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10) for the cost of loan guar- antees under section 1703 of the Energy Policy Act of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
446 2005, $150,000,000 are hereby permanently rescinded: Provided, That, subject to section 502 of the Congres- sional Budget Act of 1974, commitments to guarantee loans for eligible projects under title XVII of the Energy Policy Act of 2005, shall not exceed a total principal amount of $15,000,000,000, to remain available until committed: Provided further, That the amounts provided under this paragraph are in addition to those provided in any other Act: Provided further, That for amounts col- lected 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 fur- ther, That none of such loan guarantee authority made available under this paragraph shall be available for com- mitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Fed- eral agency, instrumentality, personnel, or affiliated entity are expected be used (directly or indirectly) through acqui- sitions, contracts, demonstrations, exchanges, grants, in- centives, leases, procurements, sales, other transaction au- thority, or other arrangements, to support the project or to obtain goods or services from the project: Provided fur- ther, That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
447 vided under this paragraph for commitments to guarantee loans for: (1) projects as a result of such projects benefit- ting 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 Treas- ury 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 Admin- istration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available under this paragraph shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this para- 24 graph.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

448 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN PROGRAM For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehi- cles Manufacturing Loan Program, $9,800,000, to remain available until September 30, 2024.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guar- antee Program, $2,000,000, to remain available until Sep- tember 30, 2024: Provided, That in this fiscal year and subsequent fiscal years, under section 2602(c) of the En- ergy Policy Act of 1992 (25 U.S.C.

3502(c)), the Sec- retary 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 guaran- tees under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C.
3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act: Provided further, That for the cost of direct loans for the Tribal December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
449 Energy Loan Guarantee Program as provided for in the preceding three provisos and for the cost of guaranteed loans for such program under section 2602(c) of the En- ergy Policy Act of 1992 (25 U.S.C.

3502(c)), $2,000,000, to remain available until expended: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.

661a).
661a).

INDIAN ENERGY POLICY AND PROGRAMS For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.

), $75,000,000, to remain available until expended: Provided, That of the amount appropriated under this heading, $14,000,000 shall be available until September 30, 2024, for program 16 direction.
DEPARTMENTAL ADMINISTRATION For salaries and expenses of the Department of En- ergy necessary for departmental administration in car- rying out the purposes of the Department of Energy Orga- nization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), $383,578,000, to remain available until September 30, 2024, including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

450 estimated amount of cost of work for others notwith- standing 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, notwith- standing the provisions of 31 U.S.C.
3302: Provided fur- ther, That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $283,000,000.

OFFICE OF THE INSPECTOR GENERAL For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $86,000,000, to remain available 19 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 cap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

451 ital 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.
7101 et seq.

), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $17,116,119,000, to remain available until expended: Pro- vided, That of such amount, $130,070,000 shall be avail- able until September 30, 2024, for program direction.
DEFENSE NUCLEAR NONPROLIFERATION For Department of Energy expenses, including the purchase, construction, and acquisition of plant and cap- ital 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.
7101 et seq.

), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,490,000,000, to remain available until expended.

NAVAL REACTORS (INCLUDING TRANSFER OF FUNDS) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), includ- ing the acquisition (by purchase, condemnation, construc- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
452 tion, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $2,081,445,000, to remain available until expended, of which, $99,747,000 shall be transferred to ‘‘Department of Energy—Energy Programs—Nuclear Energy’’, for the Advanced Test Reactor: Provided, That of such amount, $58,525,000 shall be available until September 30, 2024, for program direction.
FEDERAL SALARIES AND EXPENSES For expenses necessary for Federal Salaries and Ex- penses in the National Nuclear Security Administration, $475,000,000, to remain available until September 30, 2024, including official reception and representation ex- 14 penses 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 cap- ital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in car- rying out the purposes of the Department of Energy Orga- nization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), including the acqui- sition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expan- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

453 sion, $7,025,000,000, to remain available until expended: Provided, That of such amount, $317,002,000 shall be available until September 30, 2024, for program direction.
DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING (INCLUDING TRANSFER OF FUNDS) For an additional amount for atomic energy defense environmental cleanup activities for Department of En- ergy contributions for uranium enrichment decontamina- tion and decommissioning activities, $586,035,000, to be deposited into the Defense Environmental Cleanup ac- count, which shall be transferred to the ‘‘Uranium Enrich- ment Decontamination and Decommissioning Fund’’.
OTHER DEFENSE ACTIVITIES For Department of Energy expenses, including the purchase, construction, and acquisition of plant and cap- ital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified ac- tivities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.
7101 et seq.

), in- cluding the acquisition or condemnation of any real prop- erty or any facility or for plant or facility acquisition, con- struction, or expansion, $1,035,000,000, to remain avail- able until expended: Provided, That of such amount, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

454 $364,734,000 shall be available until September 30, 2024, for program direction.
POWER MARKETING ADMINISTRATIONS BONNEVILLE POWER ADMINISTRATION FUND Expenditures from the Bonneville Power Administra- tion Fund, established pursuant to Public Law 93–454, are approved for the Colville Tribes Residents Fish Hatch- ery 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 13 made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION For expenses necessary for operation and mainte- nance 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 re- ception and representation expenses in an amount not to exceed $1,500, to remain available until expended: Pro- vided, That notwithstanding 31 U.S.C.

3302 and section 5 of the Flood Control Act of 1944, up to $8,173,000 col- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
455 lected 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 Adminis- tration: Provided further, That the sum herein appro- priated 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 re- covered 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 mainte- nance of power transmission facilities and for marketing electric power and energy, for construction and acquisition December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
456 of transmission lines, substations and appurtenant facili- ties, and for administrative expenses, including official re- ception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Con- trol Act of 1944 (16 U.S.C.

825s), as applied to the Southwestern Power Administration, $53,488,000, to re- main available until expended: Provided, That notwith- standing 31 U.S.C.
3302 and section 5 of the Flood Con- trol Act of 1944 (16 U.S.C.
825s), up to $42,880,000 col- lected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to re- main available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further, That the sum herein ap- propriated for annual expenses shall be reduced as collec- tions 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 notwith- standing 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 off- setting collections, to remain available until expended for the sole purpose of making purchase power and wheeling December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
457 expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are in- curred (excluding purchase power and wheeling expenses).

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINIS- TRATION 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 con- servation and renewable resources programs as author- ized, $299,573,000, including official reception and rep- resentation 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 Rec- lamation 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 Ad- ministration 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
458 sum herein appropriated for annual expenses shall be re- duced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation esti- mated at not more than $98,732,000, of which $98,732,000 is derived from the Reclamation Fund: Pro- vided further, That notwithstanding 31 U.S.C.
3302, up to $475,000,000 collected by the Western Area Power Ad- ministration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover pur- chase 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 17 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 Ad- ministration, as provided in section 2 of the Act of June December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
459 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 Adminis- tration 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 appro- priated 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 ap- propriation, annual expenses means expenditures that are generally recovered in the same year that they are in- curred: 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
460 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, maintain- ing, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commis- sioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION SALARIES AND EXPENSES For expenses necessary for the Federal Energy Regu- latory Commission to carry out the provisions of the De- partment 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 ex- ceed $3,000, and the hire of passenger motor vehicles, $508,400,000, to remain available until expended: Pro- vided, That notwithstanding any other provision of law, not to exceed $508,400,000 of revenues from fees and an- nual charges, and other services and collections in fiscal year 2023 shall be retained and used for expenses nec- essary in this account, and shall remain available until ex- pended: Provided further, That the sum herein appro- priated from the general fund shall be reduced as revenues are received during fiscal year 2023 so as to result in a December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
461 final fiscal year 2023 appropriation from the general fund estimated at not more than $0.

GENERAL PROVISIONS—DEPARTMENT OF ENERGY SEC.

301.
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 Op- portunity Announcements) for a program, project, or ac- tivity if the program, project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
462 (C) issue a letter of intent to make an alloca- tion, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make an allocation, award, or Agreement in excess of the lim- its in subparagraph (A) or (B).
(2) The Secretary of Energy shall submit to the Com- mittees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the re- cipient 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 20 made.
21 22 23 24 (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget au- thority made available in this title under the heading ‘‘De- partment of Energy—Energy Programs’’, enter into a December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
463 multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agree- ment is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agree- ment includes a clause conditioning the Federal Gov- ernment’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 ac- tivities specified in the ‘‘Final Bill’’ column in the ‘‘De- partment of Energy’’ table included under the heading ‘‘Title III—Department of Energy’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
464 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 re- programming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any pro- gram, 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 re- quirement 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 Commit- tees 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
465 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 Intel- ligence 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 classi- fied as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Of- fice of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements.

SEC.

304.
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

466 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 deci- sion.

SEC.

305.
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 in- crease 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 sig- nificantly 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.
SEC.

306.

No funds shall be transferred directly from ‘‘Department of Energy—Power Marketing Administra- tion—Colorado River Basins Power Marketing Fund, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

467 Western Area Power Administration’’ to the general fund of the Treasury in the current fiscal year.

SEC.

307.
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 appro- priations Acts.

SEC.

308.

Subparagraphs (B) and (C) of section 40401(a)(2) of Public Law 117–58, paragraph (3) of sec- tion 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 En- ergy Independence and Security Act of 2007 (42 U.S.C.

17013(l)), are hereby repealed.

SEC.

309.
(a) Hereafter, for energy development, demonstration, and deployment programs funded under Department of Energy appropriations (other than those for the National Nuclear Security Administration and Of- fice of Environmental Management) provided for fiscal year 2022, the current fiscal year, or any fiscal year there- after (including by Acts other than appropriations Acts), the Secretary may vest unconditional title or other prop- erty interests acquired under projects in an award recipi- ent, subrecipient, or successor in interest, including the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
468 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 sub- section (a) in an award recipient, subrecipient, or suc- cessor in interest other than the United States, the United States shall have no liabilities or obligations to the prop- erty.
(c) For purposes of this section, the term ‘‘property interest’’ does not include any interest in intellectual prop- erty developed using funding provided under a project.

SEC.

310.
SEC.

310.

None of the funds made available in this title may be used to support a grant allocation award, dis- cretionary grant award, or cooperative agreement that ex- ceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project man- agement procedures.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
469 TITLE IV INDEPENDENT AGENCIES APPALACHIAN REGIONAL COMMISSION For expenses necessary to carry out the programs au- thorized by the Appalachian Regional Development Act of 1965, as amended, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appa- lachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $200,000,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD SALARIES AND EXPENSES For expenses necessary for the Defense Nuclear Fa- cilities 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 rep- 21 resentation expenses.
22 23 24 25 DELTA REGIONAL AUTHORITY SALARIES AND EXPENSES For expenses necessary for the Delta Regional Au- thority and to carry out its activities, as authorized by December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

470 the Delta Regional Authority Act of 2000, notwith- standing 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 ex- penses, $17,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects for which the Denali Commission is the sole or primary fund- ing source in an amount not to exceed 80 percent of total project cost for distressed communities, as defined by sec- tion 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 per- cent 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
471 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 Re- gional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $40,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United 10 States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $20,000,000, to remain available until expended.
SOUTHWEST BORDER REGIONAL COMMISSION For expenses necessary for the Southwest Border Re- gional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended.
NUCLEAR REGULATORY COMMISSION SALARIES AND EXPENSES For expenses necessary for the Commission in car- rying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
472 $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 Com- mission, to remain available until September 30, 2024: Provided further, That revenues from licensing fees, in- spection services, and other services and collections esti- mated at $777,498,000 in fiscal year 2023 shall be re- tained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C.
3302, and shall re- main 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 16 more than $133,886,000.
OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $15,769,000, to remain available until September 30, 2024: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $12,655,000 in fiscal year 2023 shall be retained and be available until September 30, 2024, for necessary salaries and expenses in this account, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
473 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 dur- ing 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 appro- priated under this heading, $1,520,000 shall be for In- spector General services for the Defense Nuclear Facilities Safety Board.
NUCLEAR WASTE TECHNICAL REVIEW BOARD SALARIES AND EXPENSES For expenses necessary for the Nuclear Waste Tech- nical Review Board, as authorized by Public Law 100– 203, section 5051, $3,945,000, to be derived from the Nu- clear Waste Fund, to remain available until September 30, 16 2024.

17 GENERAL PROVISIONS—INDEPENDENT AGENCIES SEC.

401.
401.

The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies.

SEC.

402.

(a) The amounts made available by this title for the Nuclear Regulatory Commission may be re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
474 programmed for any program, project, or activity, and the Commission shall notify the Committees on Appropria- tions 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 substan- tial risk to human health, the environment, welfare, or na- 12 tional security.
(2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Con- gress of any waiver under paragraph (1) as soon as prac- ticable, but not later than 3 days after the date of the activity to which a requirement or restriction would other- wise 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
475 expended as directed in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act).

(d) None of the funds provided for the Nuclear Regu- latory Commission shall be available for obligation or ex- penditure through a reprogramming of funds that in- creases 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 appropria- tions— 15 16 17 (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
476 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 commu- nicate 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 Govern- ment, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instru- mentality of the United States Government may provide goods or services to another department, agency, or in- strumentality.
22 23 24 25 (b) None of the funds made available for any depart- ment, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
477 transfer authority provided in this Act or any other appro- priations Act for any fiscal year, transfer authority ref- erenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to an- other 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 author- 21 ity.

22 23 24 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
478 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 10 criminal investigations, prosecution, or adjudication activi- 11 ties.

12 13 This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 14 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
479 DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIA- TIONS 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 pas- senger motor vehicles; maintenance, repairs, and improve- ments of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when nec- essary for the performance of official business; executive direction program activities; international affairs and eco- nomic policy activities; domestic finance and tax policy ac- tivities, including technical assistance to State, local, and territorial entities; and Treasury-wide management poli- cies and programs activities, $273,882,000, of which not less than $12,000,000 shall be available for the adminis- tration of financial assistance, in addition to amounts oth- erwise available for such purposes: Provided, That of the amount appropriated under this heading— (1) not to exceed $350,000 is for official recep- tion and representation expenses; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
480 (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 administra- tion 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 facili- ties; and (F) international operations.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Committee on Foreign Investment in the United States, $21,000,000, to remain December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
481 available until expended: Provided, That the chairperson of the Committee may transfer such amounts to any de- partment or agency represented on the Committee (includ- ing the Department of the Treasury) subject to advance notification to the Committees on Appropriations of the House of Representatives and the Senate: Provided fur- ther, 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: Pro- vided further, That fees authorized by section 721(p) of such Act shall be credited to this appropriation as offset- ting 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 appro- priation from the general fund estimated at not more than 19 $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 sys- tem against illicit use and to combat rogue nations, ter- 25 rorist facilitators, weapons of mass destruction December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
482 proliferators, human rights abusers, money launderers, drug kingpins, and other national security threats, $216,059,000, of which not less than $3,000,000 shall be available for addressing human rights violations and cor- ruption, 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 avail- able until September 30, 2024.
CYBERSECURITY ENHANCEMENT ACCOUNT For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $100,000,000, to remain available until September 30, 2025: Provided, That such funds shall supplement and not supplant any other amounts made available to the Treas- ury offices and bureaus for cybersecurity: Provided fur- ther, 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 supple- ment and not supplant any other amounts made available to the Treasury Chief Information Officer.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
483 DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS (INCLUDING TRANSFER OF FUNDS) For development and acquisition of automatic data processing equipment, software, and services and for re- pairs and renovations to buildings owned by the Depart- ment 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 nec- essary to satisfy the requirements of the Department’s of- fices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided fur- ther, That none of the funds appropriated under this head- ing shall be used to support or supplement ‘‘Internal Rev- enue 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 pas- senger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a con- fidential nature, to be allocated and expended under the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
484 direction of the Inspector General of the Treasury; of which up to $2,800,000 to remain available until Sep- tember 30, 2024, shall be for audits and investigations conducted pursuant to section 1608 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Re- vived 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 In- spector General Act of 1978, as amended, including pur- chase and hire of passenger motor vehicles (31 U.S.C.

1343(b)); and services authorized by 5 U.S.C.
3109, at such rates as may be determined by the Inspector General for Tax Administration; $174,250,000, of which $5,000,000 shall remain available until September 30, 2024; of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administra- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
485 tion; 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 En- forcement Network, including hire of passenger motor ve- hicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial in- telligence activities, law enforcement, and financial regula- tion; services authorized by 5 U.S.C.
3109; not to exceed $25,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $190,193,000, of which not to exceed $55,000,000 shall remain available until September 30, 2025.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
486 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 ex- ceed $8,000,000, to remain available until September 30, 2025, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101– 380.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU SALARIES AND EXPENSES For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $148,863,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $50,000 shall be available for cooperative research and de- velopment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
487 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 Ad- ministration Act (27 U.S.C.

201 et seq.).
UNITED STATES MINT UNITED STATES MINT PUBLIC ENTERPRISE FUND Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numis- matic coins, and protective services, including both oper- ating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations in- curred during fiscal year 2023 under such section 5136 for circulating coinage and protective service capital in- vestments 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

488 by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for EX–III, $324,000,000.
Of the amount ap- propriated under this heading— (1) not less than $196,000,000, notwith- standing section 108(e) of Public Law 103–325 (12 U.S.C.

4707(e)) with regard to Small and/or Emerg- ing Community Development Financial Institutions Assistance awards, is available until September 30, 2024, for financial assistance and technical assist- ance 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 out- reach 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 sec- tion 108 of Public Law 103–325 (12 U.S.C.
4707(d)), may be available to provide financial as- sistance, technical assistance, training, and outreach to community development financial institutions to expand investments that benefit individuals with dis- abilities, and of which up to $2,000,000 shall be for the Economic Mobility Corps to be operated in con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
489 junction 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 Congres- sional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obliga- tions 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 in- stitutions to expand investments that benefit individ- uals with disabilities and those made to community development financial institutions that serve popu- lations 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 Sur- vey 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 De- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
490 cennial Census data for any territory or possession of the United States; (2) not less than $25,000,000, notwithstanding section 108(e) of Public Law 103–325 (12 U.S.C.
4707(e)), is available until September 30, 2024, for financial assistance, technical assistance, training, and outreach programs designed to benefit Native American, Native Hawaiian, and Alaska Native com- munities 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 organiza- tions, and other suitable providers; (3) not less than $35,000,000 is available until September 30, 2024, for the Bank Enterprise Award program; (4) not less than $24,000,000, notwithstanding subsections (d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2024, for a Healthy Food Fi- nancing Initiative to provide financial assistance, technical assistance, training, and outreach to com- munity development financial institutions for the purpose of offering affordable financing and tech- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
491 nical assistance to expand the availability of healthy food options in distressed communities; (5) not less than $9,000,000 is available until September 30, 2024, to provide grants for loan loss reserve funds and to provide technical assistance for small dollar loan programs under section 122 of Public Law 103–325 (12 U.S.C.
4719): Provided, That sections 108(d) and 122(b)(2) of such Public Law shall not apply to the provision of such grants and technical assistance; (6) up to $35,000,000 is available for adminis- trative expenses, including administration of CDFI Fund programs and the New Markets Tax Credit Program, of which not less than $1,000,000 is for the development of tools to better assess and inform CDFI investment performance and CDFI program impacts, and up to $300,000 is for administrative expenses to carry out the direct loan program; and (7) during fiscal year 2023, none of the funds available under this heading are available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of the Riegle Community Development and Regulatory Improve- ment Act of 1994 (12 U.S.C.
4713a): Provided, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
492 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 ‘‘per- sistent poverty counties’’ means any county, includ- ing 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 popu- lation 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 Bu- reau of the Census.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

493 INTERNAL REVENUE SERVICE TAXPAYER SERVICES For necessary expenses of the Internal Revenue Serv- ice to provide taxpayer services, including pre-filing assist- ance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner, $2,780,606,000, of which not to exceed $100,000,000 shall remain available until September 30, 2024, of which not less than $11,000,000 shall be for the Tax Counseling for the Elderly Program, of which not less than $26,000,000 shall be available for low-income tax- payer clinic grants, including grants to individual clinics of up to $200,000, of which not less than $40,000,000, to remain available until September 30, 2024, shall be available for the Community Volunteer Income Tax Assist- ance Matching Grants Program for tax return preparation assistance, and of which not less than $236,000,000 shall be available for operating expenses of the Taxpayer Advo- cate Service: Provided, That of the amounts made avail- able for the Taxpayer Advocate Service, not less than $7,000,000 shall be for identity theft and refund fraud casework.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

494 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 con- duct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other fi- nancial crimes, to purchase and hire passenger motor vehi- cles (31 U.S.C.
1343(b)), and to provide other services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner, $5,437,622,000; of which not to exceed $250,000,000 shall remain available until September 30, 2024; of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program; and of which not to exceed $25,000,000 shall be for investigative technology for the Criminal Investigation Division: Provided, That the amount made available for investigative technology for the Criminal Investigation Division shall be in addition to amounts made available for the Criminal Investigation Di- vision under the ‘‘Operations Support’’ heading.
OPERATIONS SUPPORT For necessary expenses to operate the Internal Rev- enue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
495 other IRS-wide administration activities; research and sta- tistics of income; telecommunications; information tech- nology development, enhancement, operations, mainte- nance and security; the hire of passenger motor vehicles (31 U.S.C.

1343(b)); the operations of the Internal Rev- enue Service Oversight Board; and other services as au- thorized by 5 U.S.C.
3109, at such rates as may be deter- mined by the Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall remain available until Sep- tember 30, 2024; of which not to exceed $10,000,000 shall remain available until expended for acquisition of equip- ment 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 rep- resentation 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 Appro- priations of the House of Representatives and the Senate and the Comptroller General of the United States detail- ing major information technology investments in the Inter- nal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language sum- maries on the status of plans, costs, and results; prior re- sults and actual expenditures of the prior quarter; upcom- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
496 ing deliverables and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; rea- sons for any cost or schedule variances; and total expendi- tures 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 per- formance information for its major information technology systems.

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE (INCLUDING TRANSFER OF FUNDS) SEC.
101.

Not to exceed 5 percent of the appropria- tion made available in this Act to the Internal Revenue Service under the ‘‘Enforcement’’ heading, and not to ex- ceed 5 percent of any other appropriation made available in this Act to the Internal Revenue Service, may be trans- ferred to any other Internal Revenue Service appropria- tion upon the advance approval of the Committees on Ap- propriations of the House of Representatives and the Sen- ate.
21 22 23 24 SEC.

102.

The Internal Revenue Service shall main- tain an employee training program, which shall include the following topics: taxpayers’ rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the im- 25 partial application of tax law.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

497 SEC.

103.
103.

The Internal Revenue Service shall insti- tute and enforce policies and procedures that will safe- guard the confidentiality of taxpayer information and pro- tect 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 suffi- cient 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.
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 vic- tim of fraud by a third party payroll tax preparer.

SEC.

106.
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

498 right guaranteed under the First Amendment to the Con- stitution 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 ex- pended on conferences that do not adhere to the proce- dures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a re- sult 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 Ana- heim, 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— 21 22 23 24 (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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
499 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.
SEC.

111.

The Secretary of the Treasury (or the Sec- retary’s delegate) may use the funds made available in this Act, subject to such policies as the Secretary (or the Sec- retary’s delegate) may establish, to utilize direct hire au- thority to recruit and appoint qualified applicants, without regard to any notice or preference requirements, directly to positions in the competitive service to process back- logged tax returns and return information.

SEC.

112.
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 pas- senger carrier transportation and protection between the Commissioner of Internal Revenue’s residence and place 21 of employment.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

500 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY (INCLUDING TRANSFERS OF FUNDS) SEC.

113.
113.

Appropriations to the Department of the Treasury in this Act shall be available for uniforms or al- lowances 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 de- pendents serving in foreign countries; and services author- ized by 5 U.S.C.
3109.

16 SEC.

114.
Not to exceed 2 percent of any appropria- tions in this title made available under the headings ‘‘De- partmental Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special Inspector General for the Troubled Asset Relief Program’’, ‘‘Financial Crimes En- forcement 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
501 no transfer under this section may increase or decrease any such appropriation by more than 2 percent.

SEC.

115.
SEC.

115.

Not to exceed 2 percent of any appropria- tion made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector Gen- eral for Tax Administration’s appropriation upon the ad- vance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That no transfer may increase or decrease any such appro- priation by more than 2 percent.

SEC.

116.
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.
SEC.

117.

The Secretary of the Treasury may trans- fer funds from the ‘‘Bureau of the Fiscal Service—Sala- ries and Expenses’’ to the Debt Collection Fund as nec- essary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and ex- penses account from debt collections received in the Debt 21 Collection Fund.

22 23 24 25 SEC.

118.


None of the funds appropriated or other- wise made available by this or any other Act may be used by the United States Mint to construct or operate any mu- seum without the explicit approval of the Committees on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

502 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 other- wise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engrav- ing and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all func- tions 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 Com- mittee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Represent- atives and the Senate.
SEC.

120.

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the De- partment of the Treasury’s intelligence or intelligence re- lated 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 23 Act for Fiscal Year 2023.

24 25 SEC.

121.
24 25 SEC.

121.

Not to exceed $5,000 shall be made avail- able from the Bureau of Engraving and Printing’s Indus- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

503 trial 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 Appro- priations of the House of Representatives and the Senate not later than 30 days following the submission of the an- nual budget submitted by the President: Provided, That such Capital Investment Plan shall include capital invest- ment spending from all accounts within the Department of the Treasury, including but not limited to the Depart- ment-wide Systems and Capital Investment Programs ac- count, Treasury Franchise Fund account, and the Treas- ury Forfeiture Fund account: Provided further, That such Capital Investment Plan shall include expenditures occur- ring in previous fiscal years for each capital investment project that has not been fully completed.
SEC.

123.
During fiscal year 2023— (1) none of the funds made available in this or any other Act may be used by the Department of the Treasury, including the Internal Revenue Serv- ice, to issue, revise, or finalize any regulation, rev- enue ruling, or other guidance not limited to a par- ticular taxpayer relating to the standard which is used to determine whether an organization is oper- ated exclusively for the promotion of social welfare December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
504 for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regu- lations published at 78 Fed.

Reg.

71535 (November 29, 2013)); and (2) the standard and definitions as in effect on January 1, 2010, which are used to make such de- terminations shall apply after the date of the enact- ment of this Act for purposes of determining status under section 501(c)(4) of such Code of organiza- tions created on, before, or after such date.

SEC.

124.
Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Fran- chise 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 descrip- tion of the role customers have in governing in the Fran- chise Fund.
22 23 24 25 SEC.

125.

(a) Not later than 60 days after the end of each quarter, the Office of Financial Stability and the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

505 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 equiva- lents within each office for the remainder of the fis- cal year; and (5) actions taken to achieve the goals, objec- tives, and performance measures of each office.
(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a).

23 24 25 SEC.

126.
23 24 25 SEC.

126.

In addition to amounts otherwise available, there is appropriated to the Special Inspector General for Pandemic Recovery, $12,000,000, to remain available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

506 until expended, for necessary expenses in carrying out sec- tion 4018 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).

SEC.

127.
SEC.

127.

Section 127 of the Department of the Treasury Appropriations Act, 2019 (title I of division D of Public Law 116–6) is amended by inserting before the period at the end the following: ‘‘, including public im- provements in the area around such facility to mitigate traffic impacts caused by the construction and occupancy 10 of the facility’’.

11 12 This title may be cited as the ‘‘Department of the Treasury Appropriations Act, 2023’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

507 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 au- thorized 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 avail- able for allocation within the Executive Office of the Presi- dent; 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.
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 ac- counted for as provided by 3 U.S.C.

105, 109, 110, and 112–114.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
508 REIMBURSABLE EXPENSES For the reimbursable expenses of the Executive Resi- dence at the White House, such sums as may be nec- essary: 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 ob- ligations and to receive offsetting collections, for such ex- penses: Provided further, That the Executive Residence shall require each person sponsoring a reimbursable polit- ical event to pay in advance an amount equal to the esti- mated 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 relat- ing 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 in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
509 curred, 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 out- standing 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 miscella- neous receipts: Provided further, That the Executive Resi- dence shall prepare and submit to the Committees on Ap- propriations, 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 Res- idence 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
510 nonpolitical: Provided further, That no provision of this paragraph may be construed to exempt the Executive Res- idence from any other applicable requirement of sub- chapter 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 ex- pended, 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 Employ- ment Act of 1946 (15 U.S.C.

1021 et seq.

), $4,903,000.


NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL SALARIES AND EXPENSES For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C.

3109, $17,901,000, of which not to exceed $10,000 shall be available for official reception and representation expenses.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
511 OFFICE OF ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Office of Administra- tion, 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 moderniza- tion of information resources within the Executive Office of the President: Provided, That of the amounts provided under this heading, up to $7,000,000 shall be available for a program to provide payments (such as stipends, sub- sistence allowances, cost reimbursements, or awards) to students, recent graduates, and veterans recently dis- charged from active duty who are performing voluntary services in the Executive Office of the President under sec- tion 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 com- pensation for purposes of such section 3111(b) and may be paid in advance.
22 23 24 25 OFFICE OF MANAGEMENT AND BUDGET SALARIES AND EXPENSES For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

512 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 representa- tion expenses: Provided, That none of the funds appro- priated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agri- cultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agree- ment 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 wit- nesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Ap- propriations 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
513 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: Pro- vided 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 fur- ther, That the Director of the Office of Management and Budget shall notify the appropriate authorizing and ap- propriating committees when the 60-day review is initi- ated: 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 as- sume 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 de- fined in section 3 of the Federal Funding Accountability December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
514 and Transparency Act of 2006) that shall include, at min- imum, the name of the agency, the date on which the budget justification materials of the agency were sub- mitted 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 Intellec- tual 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, 14 $1,902,000.


15 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 Wil- liam M. (Mac) Thornberry National Defense Authoriza- tion Act for Fiscal Year 2021 (Public Law 116–283), $21,926,000, of which not to exceed $5,000 shall be avail- able for official reception and representation expenses.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
515 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 Reauthoriza- tion Act of 1998, as amended; not to exceed $10,000 for official reception and representation expenses; and for par- ticipation 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 reim- bursement, $21,500,000: Provided, That the Office is au- thorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office.
FEDERAL DRUG CONTROL PROGRAMS HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program, $302,000,000, to remain available until September 30, 2024, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of which not less than 51 percent shall be transferred to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
516 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 trans- ferred to Federal agencies and departments in amounts determined by the Director of the Office of National Drug Control Policy, of which up to $5,800,000 may be used for auditing services and associated activities and $1,500,000 shall be for the Grants Management System for use by the Office of National Drug Control Policy: Pro- vided 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 re- quirements: Provided further, That each HIDTA des- ignated as of September 30, 2022, shall be funded at not less than the fiscal year 2022 base level, unless the Direc- tor submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated prior- ities and published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify the Committees on Appro- priations of the initial allocation of fiscal year 2023 fund- ing among HIDTAs not later than 45 days after enact- ment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as deter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
517 mined 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 nec- essary for the purposes provided herein and upon notifica- tion to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to this appropriation.
OTHER FEDERAL DRUG CONTROL PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For other drug control activities authorized by the Anti-Drug Abuse Act of 1988 and the Office of National Drug Control Policy Reauthorization Act of 1998, as amended, $137,120,000, to remain available until ex- pended, which shall be available as follows: $109,000,000 for the Drug-Free Communities Program, of which not more than $12,780,000 is for administrative expenses, and of which $2,500,000 shall be made available as di- rected by section 4 of Public Law 107–82, as amended by section 8204 of Public Law 115–271; $3,000,000 for drug court training and technical assistance; $15,250,000 for anti-doping activities; up to $3,420,000 for the United States membership dues to the World Anti-Doping Agen- cy; $1,250,000 for the Model Acts Program; and $5,200,000 for activities authorized by section 103 of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
518 Public Law 114–198: Provided, That amounts made avail- able under this heading may be transferred to other Fed- eral departments and agencies to carry out such activities: Provided further, That the Director of the Office of Na- tional 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 Agen- cy, 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 Sep- 17 tember 30, 2024.
INFORMATION TECHNOLOGY OVERSIGHT AND REFORM (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the furtherance of inte- grated, efficient, secure, and effective uses of information technology in the Federal Government, $13,700,000, to remain available until expended: Provided, That the Direc- tor of the Office of Management and Budget may transfer December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
519 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 ex- penses as authorized by 3 U.S.C.
106, which shall be ex- pended 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 offi- cial 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, re- payments, or transfers from this appropriation may be made to any department or agency for expenses of car- rying out such activities.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

520 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 Resi- dence at the White House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security Council’’, ‘‘Of- fice of Administration’’, ‘‘Special Assistance to the Presi- dent’’, 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 writ- ing), 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 ap- propriation 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: Pro- vided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Pro- vided further, That no amount shall be transferred from ‘‘Special Assistance to the President’’ or ‘‘Official Resi- dence of the Vice President’’ without the approval of the Vice President.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

521 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 Budg- et 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 im- pact 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 Gov- ernment 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 memo- randum 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
522 (d) The requirement for cost estimates for Presi- dential memoranda shall only apply for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000.

SEC.

203.
SEC.

203.

Not later than 30 days after the date of enactment of this Act, the Director of the Office of Man- agement 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 (divi- sion 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 24 apply.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

523 SEC.

205.
For an additional amount for ‘‘Office of National Drug Control Policy—Salaries and Expenses’’, $10,482,000, which shall be for initiatives in the amounts and for the projects specified in the table that appears under the heading ‘‘Administrative Provisions—Executive Office of the President and Funds Appropriated to the President’’ in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consoli- dated Act): Provided, That none of the funds made avail- 10 able by this section may be transferred for any other pur- 11 pose.
12 13 This title may be cited as the ‘‘Executive Office of the President Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

524 TITLE III THE JUDICIARY SUPREME COURT OF THE UNITED STATES SALARIES AND EXPENSES For expenses necessary for the operation of the Su- preme Court, as required by law, excluding care of the building and grounds, including hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $109,551,000, of which $1,500,000 shall remain available until expended.

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties im- posed upon the Architect by 40 U.S.C.

6111 and 6112, $29,246,000, to remain available until expended.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL 525 CIRCUIT SALARIES AND EXPENSES For salaries of officers and employees, and for nec- essary 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 author- ized by law, $21,260,000.

15 16 In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief 17 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 offi- cers 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
526 for Probation and Pretrial Services Office staff, as author- ized by law, $5,905,055,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and jus- tices and judges retired from office or from regular active 12 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 (Pub- lic Law 99–660), not to exceed $9,975,000, to be appro- priated from the Vaccine Injury Compensation Trust 18 Fund.

19 DEFENDER SERVICES For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attor- neys appointed to represent persons under 18 U.S.C.
3006A and 3599, and for the compensation and reim- bursement of expenses of persons furnishing investigative, expert, and other services for such representations as au- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

527 thorized 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 representa- tion by counsel; the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as author- ized by 28 U.S.C.

1875(d)(1); the compensation and reim- bursement of expenses of attorneys appointed under 18 U.S.C.
983(b)(1) in connection with certain judicial civil forfeiture proceedings; the compensation and reimburse- ment of travel expenses of guardians ad litem appointed under 18 U.S.C.

4100(b); and for necessary training and general administrative expenses, $1,382,680,000, to re- main 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 commis- sioners as authorized by 28 U.S.C.
1863; and compensa- tion of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Pro- cedure (28 U.S.C.

Appendix Rule 71.1(h)), $58,239,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

daily equivalent of the highest rate payable under 5 U.S.C.

528 5332.
COURT SECURITY (INCLUDING TRANSFER OF FUNDS) For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100–702), $750,163,000, of which not to exceed $20,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney Gen- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
529 eral: Provided, That funds made available under this head- ing 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 Administra- tion, 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 re- duction of personally identifiable information on the inter- net of judges and other familial relatives who live at the 12 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, includ- ing travel as authorized by 31 U.S.C.

1345, hire of a pas- senger motor vehicle as authorized by 31 U.S.C.

1343(b), advertising and rent in the District of Columbia and else- where, $102,673,000, of which not to exceed $8,500 is au- thorized for official reception and representation expenses.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

530 FEDERAL JUDICIAL CENTER SALARIES AND EXPENSES For necessary expenses of the Federal Judicial Cen- ter, as authorized by Public Law 90–219, $34,261,000; of which $1,800,000 shall remain available through Sep- tember 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 representa- tion 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 au- thorized for official reception and representation expenses.

ADMINISTRATIVE PROVISIONS—THE JUDICIARY (INCLUDING TRANSFER OF FUNDS) SEC.

301.
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.
3109.

SEC.

302.

Not to exceed 5 percent of any appropria- tion made available for the current fiscal year for the Judi- ciary in this Act may be transferred between such appro- priations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other Judicial Services, De- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
531 fender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commis- sioners’’, 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.
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.
SEC.

304.

Section 3315(a) of title 40, United States Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec- 20 utive’’ each place it appears.

21 22 23 24 25 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

532 United States Courts, for purposes of a pilot program, the security services that 40 U.S.C.
1315 authorizes the De- partment of Homeland Security to provide, except for the services specified in 40 U.S.C.

1315(b)(2)(E).

For build- ing-specific security services at these courthouses, the Di- rector 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 Improve- ments Act of 1990 (Public Law 101–650; 28 U.S.C.
133 note), is amended in the matter following paragraph 12— (1) in the second sentence (relating to the Dis- trict 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 Dis- trict 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 Dis- trict of Columbia, and Independent Agencies Appropria- tions 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
‘‘29 years and 6 months’’ and inserting ‘‘30 years and 533 6 months’’.

(c) Section 312(c)(2) of the 21st Century Depart- ment 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 cen- tral 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 west- ern district of North Carolina), by striking ‘‘18 years’’ and inserting ‘‘19 years’’.

SEC.

307.
SEC.

307.

Section 677 of title 28, United States Code, is amended by adding at the end the following: ‘‘(d) The Counselor, with the approval of the Chief Justice, shall establish a retention and recruitment pro- gram 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.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

534 SEC.

308.

Section 996(b) of title 28, United States Code, is amended by inserting ‘‘84 (Federal Employees’ Retirement System),’’ after ‘‘83 (Retirement),’’.

This title may be cited as the ‘‘Judiciary Appropria- tions Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
535 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, in- cluding any interest accrued thereon, may be used on be- half 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 edu- cation, 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 author- ized: Provided further, That the District of Columbia gov- ernment shall maintain a dedicated account for the Resi- dent Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated bal- ances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
536 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 Sup- port 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 show- ing, by object class, the expenditures made and the pur- pose therefor.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA For a Federal payment of necessary expenses, as de- termined by the Mayor of the District of Columbia in writ- ten 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 re- quested by the Director of the United States Secret Serv- ice 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 24 surrounding jurisdictions.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
537 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS For salaries and expenses for the District of Colum- bia Courts, including the transfer and hire of motor vehi- cles, $291,068,000 to be allocated as follows: for the Dis- trict of Columbia Court of Appeals, $15,055,000, of which not to exceed $2,500 is for official reception and represen- tation expenses; for the Superior Court of the District of Columbia, $140,973,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $88,290,000, of which not to exceed $2,500 is for official reception and representation expenses; and $46,750,000, to remain available until September 30, 2024, for capital improve- ments for District of Columbia courthouse facilities: Pro- vided, That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and facilities condition assess- ment: Provided further, That, in addition to the amounts appropriated herein, fees received by the District of Co- lumbia Courts for administering bar examinations and processing District of Columbia bar admissions may be re- tained and credited to this appropriation, to remain avail- able until expended, for salaries and expenses associated with such activities, notwithstanding section 450 of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
538 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 Manage- ment 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 Ap- propriations of the House of Representatives and the Sen- ate, 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 18 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 represen- tation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
539 ceedings 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, tech- nical 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 pay- ments authorized under section 21–2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Du- rable Power of Attorney Act of 1986), $46,005,000, to remain available until expended: Provided, That funds pro- vided under this heading shall be administered by the Joint Committee on Judicial Administration in the Dis- trict of Columbia: Provided further, That, notwithstanding any other provision of law, this appropriation shall be ap- portioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agen- cies: Provided further, That of the unobligated balances from prior year appropriations made available under this heading, $22,000,000, are hereby rescinded not later than 24 September 30, 2023.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
540 FEDERAL PAYMENT TO THE COURT SERVICES AND OF- FENDER 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 au- thorized by the National Capital Revitalization and Self- Government Improvement Act of 1997, $285,016,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, and of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002: Provided, That, of the funds appropriated under this head- ing, $204,579,000 shall be for necessary expenses of Com- munity Supervision and Sex Offender Registration, to in- clude expenses relating to the supervision of adults subject to protection orders or the provision of services for or re- lated 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 head- quarters offices, field offices and related facilities: Pro- vided further, That, of the funds appropriated under this heading, $80,437,000 shall be available to the Pretrial December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
541 Services Agency, of which $998,000 shall remain available until September 30, 2025, for costs associated with reloca- tion 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 ex- pended in the same manner as funds appropriated for sal- aries and expenses of other Federal agencies: Provided fur- ther, That amounts under this heading may be used for programmatic incentives for defendants to successfully complete their terms of supervision.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $53,629,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Manage- ment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
542 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 pay- ment made under the program to any individual may not exceed the amount referred to in section 3523(b)(3)(B) of title 5, United States Code: Provided further, That for the purposes of engaging with, and receiving services from, Federal Franchise Fund Programs established in accordance with section 403 of the Government Manage- ment Reform Act of 1994, as amended, the District of Columbia Public Defender Service shall be considered an agency of the United States Government: Provided further, That the District of Columbia Public Defender Service may enter into contracts for the procurement of severable services and multiyear contracts for the acquisition of property and services to the same extent and under the same conditions as an executive agency under sections 3902 and 3903 of title 41, United States Code.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL For a Federal payment to the Criminal Justice Co- ordinating Council, $2,450,000, to remain available until expended, to support initiatives related to the coordination December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

543 of Federal and local criminal justice resources in the Dis- trict of Columbia.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS For a Federal payment, to remain available until September 30, 2024, to the Commission on Judicial Dis- abilities and Tenure, $330,000, and for the Judicial Nomi- nation Commission, $300,000.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT For a Federal payment for a school improvement pro- gram 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 stu- dents who were not offered a scholarship during any pre- vious school year: Provided further, That within funds pro- vided 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
544 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 ex- pended for the Major General David F. Wherley, Jr. Dis- trict 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 in- dividuals with, human immunodeficiency virus and ac- quired immunodeficiency syndrome in the District of Co- lumbia, $4,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY For a Federal payment to the District of Columbia Water and Sewer Authority, $8,000,000, to remain avail- able until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.
DISTRICT OF COLUMBIA FUNDS Local funds are appropriated for the District of Co- lumbia for the current fiscal year out of the General Fund December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
545 of the District of Columbia (‘‘General Fund’’) for pro- grams and activities set forth in the Fiscal Year 2023 Local Budget Act of 2022 (D.C. Act 24–486) and at rates set forth under such Act, as amended as of the date of enactment of this Act: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act (section 1–204.50a, D.C. Official Code), sections 816 and 817 of the Financial Services and General Government Appro- priations Act, 2009 (secs.
47–369.01 and 47–369.02, D.C. Official Code), and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2023 under this head- ing shall not exceed the estimates included in the Fiscal Year 2023 Local Budget Act of 2022, as amended as of the date of enactment of this Act or the sum of the total revenues of the District of Columbia for such fiscal year: Provided further, That the amount appropriated may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the Dis- trict of Columbia Home Rule Act: Provided further, That the Chief Financial Officer of the District of Columbia December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
546 shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the ap- propriations and funds made available to the District dur- ing fiscal year 2023, except that the Chief Financial Offi- cer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.
This title may be cited as the ‘‘District of Columbia 10 Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

547 TITLE V INDEPENDENT AGENCIES ADMINISTRATIVE CONFERENCE OF THE UNITED STATES SALARIES AND EXPENSES For necessary expenses of the Administrative Con- ference 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 re- ception and representation expenses.

BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUNDATION SALARIES AND EXPENSES For payment to the Barry Goldwater Scholarship and Excellence in Education Fund, established by section 1408 of Public Law 99–661 (20 U.S.C.
4707), for necessary expenses to carry out activities pursuant to the Barry Goldwater Scholarship and Excellence in Education Act of 1986 (20 U.S.C.

4701 et seq.

), $2,000,000, to remain available until expended.

20 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.
1 et seq.

), in- cluding the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases), December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
548 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 regu- latory officials, of which not less than $20,000,000 shall remain available until September 30, 2024, and of which not less than $4,218,000 shall be for expenses of the Of- fice of the Inspector General: Provided, That notwith- standing the limitations in 31 U.S.C.
1553, amounts pro- vided 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 re- corded and liquidated against accounts closed pursuant to 31 U.S.C.
1552, and consistent with the preceding pro- viso, such amounts shall be transferred to and recorded in a no-year account in the Treasury, which has been es- tablished for the sole purpose of recording adjustments for and liquidating such unpaid obligations.

CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor ve- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
549 hicles, services as authorized by 5 U.S.C.

3109, but at rates for individuals not to exceed the per diem rate equiv- alent to the maximum rate payable under 5 U.S.C.
5376, purchase of nominal awards to recognize non-Federal offi- cials’ contributions to Commission activities, and not to exceed $4,000 for official reception and representation ex- penses, $152,500,000, of which $2,000,000 shall remain available until expended, to carry out the program, includ- ing administrative costs, required by section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110–140; 15 U.S.C.
8004), and of which $2,000,000 shall remain available until expended, to carry out the pro- gram, including administrative costs, required by section 204 of the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022 (title II of division Q of Public Law 117–103).

ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY COMMISSION SEC.

501.
501.

During fiscal year 2023, none of the amounts made available by this Act may be used to final- ize 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
550 (1) the National Academy of Sciences, in con- sultation with the National Highway Traffic Safety Administration and the Department of Defense, completes a study to determine— (A) the technical validity of the lateral sta- bility and vehicle handling requirements pro- posed by such standard for purposes of reduc- ing the risk of Recreational Off-Highway Vehi- cle (referred to in this section as ‘‘ROV’’) roll- overs 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 require- ments 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 resist- ance 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
551 (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Com- merce 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 Amer- ica Vote Act of 2002 (Public Law 107–252), $28,000,000, of which $1,500,000 shall be made available to the Na- tional Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002, and of which $1,000,000, to remain available until expended, shall be for the Help America Vote College Program as authorized by title V of the Help America Vote Act of 2002.
ELECTION SECURITY GRANTS Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 2002 (52 U.S.C.

20904(c)(2)(B)), $75,000,000 is provided to the Election Assistance Com- mission for necessary expenses to make payments to States for activities to improve the administration of elec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
552 tions for Federal office, including to enhance election tech- nology and make election security improvements, as au- thorized by sections 101, 103, and 104 of such Act: Pro- vided, 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 Gen- eral Services’’ or the ‘‘Administrator’’ in sections 101 and 103 shall be deemed to refer to the ‘‘Election Assistance Commission’’: Provided further, That each reference to ‘‘$5,000,000’’ in section 103 shall be deemed to refer to ‘‘$1,000,000’’ and each reference to ‘‘$1,000,000’’ in sec- tion 103 shall be deemed to refer to ‘‘$200,000’’: Provided further, That not later than two years after receiving a payment under this heading, a State shall make available funds for such activities in an amount equal to 20 percent of the total amount of the payment made to the State under this heading: Provided further, That not later than 45 days after the date of enactment of this Act, the Elec- tion Assistance Commission shall make the payments to States under this heading: Provided further, That States December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
553 shall submit quarterly financial reports and annual progress reports.

FEDERAL COMMUNICATIONS COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Communica- tions Commission, as authorized by law, including uni- forms 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 vehi- cles; 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 col- lections 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 bid- ding 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

the salaries and expenses of the Office of Inspector Gen- 554 eral.

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS COMMISSION SEC.

510.
510.

Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking ‘‘December 31, 2022’’ each place it appears and inserting ‘‘December 31, 2023’’.

SEC.

511.
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 Feb- ruary 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connec- tion or primary line restrictions on universal service sup- port payments.
FEDERAL DEPOSIT INSURANCE CORPORATION OFFICE OF THE INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $47,500,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the 23 FSLIC Resolution Fund.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
555 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 avail- able for reception and representation expenses.
FEDERAL LABOR RELATIONS AUTHORITY SALARIES AND EXPENSES For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorga- nization 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 consult- ants, hire of passenger motor vehicles, and including offi- cial reception and representation expenses (not to exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, $29,400,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of sub- sistence 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 re- ceived from fees charged to non-Federal participants at labor-management relations conferences shall be credited December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
556 to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences.

FEDERAL TRADE COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Trade Com- mission, including uniforms or allowances therefor, as au- thorized 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 representa- tion expenses, $430,000,000, to remain available until ex- pended: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C.
3718: Provided further, That, notwithstanding any other provision of law, fees collected in fiscal year 2023 for premerger notification filings under the Hart-Scott- Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), (and estimated to be $190,000,000 in fiscal year 2023) shall be retained and used for necessary expenses in this appropriation and shall remain available until ex- pended: 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 Preven- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
557 tion 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 re- tained and used for necessary expenses in this appropria- tion, and shall remain available until expended: Provided further, That the sum herein appropriated from the gen- eral fund shall be reduced (1) as such offsetting collections are received during fiscal year 2023 and (2) to the extent that any remaining general fund appropriations can be de- rived from amounts credited to this account as offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $48,000,000: Provided further, That, notwithstanding sec- tion 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C.
18a note), none of the funds cred- ited to this account as offsetting collections in previous fiscal years that were unavailable for obligation as of Sep- tember 30, 2022, shall become available for obligation ex- cept as provided in the preceding proviso: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance 25 Act (12 U.S.C.

1831t).
1831t).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
558 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 collec- tions deposited into the Fund, shall be available for nec- essary 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 agen- cies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, al- location, and transfer of space; contractual services inci- dent to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings, including grounds, approaches, and appurtenances; care and safe- guarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by pur- chase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; con- version and extension of federally owned buildings; pre- liminary planning and design of projects by contract or otherwise; construction of new buildings (including equip- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
559 ment for such buildings); and payment of principal, inter- est, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the ag- gregate amount of $10,013,150,000, of which— (1) $807,809,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses, and associated design and construction services) and remediation, in addi- tion to amounts otherwise provided for such pur- poses, as follows: Connecticut: Hartford, U.S.
Courthouse, $61,500,000; District of Columbia: DHS Consolidation at St. Elizabeths, $252,963,000; Federal Energy Regulatory Commission Lease Purchase Option, $21,000,000; Southeast Federal Center Remediation, $3,946,000; Florida: Fort Lauderdale, U.S.
Courthouse, $55,000,000; National Capital Region: Federal Bureau of Investigation Headquarters Consolidation, $375,000,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

560 Tennessee: Chattanooga, U.S.
Courthouse, $38,400,000: Provided, That each of the foregoing limits of costs on construction, acquisition, and remediation projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 20 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate of a greater amount; (2) $662,280,000 shall remain available until expended for repairs and alterations, including asso- ciated design and construction services, in addition to amounts otherwise provided for such purposes, of which— (A) $244,783,000 is for Major Repairs and Alterations as follows: Multiple Locations: National Conveying Systems, $30,000,000; National Capital Region: Fire Alarm Systems, $40,000,000; California: San Francisco, Federal Building, $15,687,000; Georgia: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
561 Atlanta, Sam Nunn Atlanta Federal Center, $10,229,000; Massachusetts: Boston, John J. Moakley U.S.

Courthouse, $10,345,000; Montana: Butte, Mike Mansfield Federal Building and U.S.

Courthouse, $25,792,000; New York: New York, Alexander Hamilton U.S.

Custom House, $68,497,000; Ohio: Cleveland, Carl B. Stokes U.S.

Courthouse, $10,235,000; Oklahoma: Oklahoma City, William J. Holloway, Jr. U.S.

Courthouse and Post Office, $3,093,000; Pennsylvania: Philadelphia, James A. Byrne U.S.
Courthouse, $12,927,000; Vermont: St. Albans, Federal Building, U.S. Post Office and Custom House, $17,978,000; (B) $398,797,000 is for Basic Repairs and Alterations, of which $3,000,000 is for repairs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

562 to the water feature at the Wilkie D. Ferguson Jr. U.S.
Courthouse in Miami, FL; and (C) $18,700,000 is for Special Emphasis Programs as follows: Judiciary Capital Security Program, $18,700,000; Provided, That funds made available in this or any previous Act in the Federal Buildings Fund for Re- pairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 20 percent unless advance approval is obtained from the Com- mittees on Appropriations of the House of Rep- resentatives and the Senate of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be fund- ed under this category only if advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate: Pro- vided further, That the amounts provided in this or any prior Act for ‘‘Repairs and Alterations’’ may be used to fund costs associated with implementing se- curity improvements to buildings necessary to meet the minimum standards for security in accordance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
563 with current law and in compliance with the re- programming guidelines of the appropriate Commit- tees 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 Al- terations’’ may be used to pay claims against the Government arising from any projects under the heading ‘‘Repairs and Alterations’’ or used to fund authorized increases in prospectus projects; (3) $5,561,680,000 for rental of space to re- main available until expended; and (4) $2,981,381,000 for building operations to remain available until expended: Provided, That the total amount of funds made available from this Fund to the General Services Administration shall not be available for expenses of any construction, re- pair, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
564 for the development of a proposed prospectus: Pro- vided further, That funds available in the Federal Buildings Fund may be expended for emergency re- pairs when advance approval is obtained from the Committees on Appropriations of the House of Rep- resentatives 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 func- tions pursuant to 18 U.S.C.
3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2023, ex- cluding reimbursements under 40 U.S.C.

592(b)(2), in excess of the aggregate new obligational authority authorized for Real Property Activities of the Fed- eral Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure ex- cept as authorized in appropriations Acts.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
565 GENERAL ACTIVITIES GOVERNMENT-WIDE POLICY For expenses authorized by law, not otherwise pro- vided for, for Government-wide policy associated with the management of real and personal property assets and cer- tain administrative services; Government-wide policy sup- port responsibilities relating to acquisition, travel, motor vehicles, information technology management, and related technology activities; and services as authorized by 5 U.S.C.
3109; and evaluation activities as authorized by statute; $71,186,000, of which $4,000,000 shall remain available until September 30, 2024.
OPERATING EXPENSES For expenses authorized by law, not otherwise pro- vided for, for Government-wide activities associated with utilization and donation of surplus personal property; dis- posal of real property; agency-wide policy direction, and management; the hire of zero-emission passenger motor vehicles and supporting charging or fueling infrastructure; and services as authorized by 5 U.S.C.
3109; $54,478,000, of which not to exceed $7,500 is for official reception and representation expenses.

CIVILIAN BOARD OF CONTRACT APPEALS For expenses authorized by law, not otherwise pro- vided for, for the activities associated with the Civilian December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

566 Board of Contract Appeals, $10,352,000, of which $2,000,000 shall remain available until expended.
OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C.
3109, $74,583,000: Provided, That not to exceed $3,000,000 shall be available for information technology enhance- ments related to implementing cloud services, improving security measures, and providing modern technology case management solutions: Provided further, That not to ex- ceed $50,000 shall be available for payment for informa- tion and detection of fraud against the Government, in- cluding payment for recovery of stolen Government prop- erty: Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agen- cies and private citizens in recognition of efforts and ini- tiatives resulting in enhanced Office of Inspector General 18 effectiveness.
19 20 21 22 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, 23 $5,200,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

567 FEDERAL CITIZEN SERVICES FUND (INCLUDING TRANSFER OF FUNDS) For expenses authorized by 40 U.S.C.

323 and 44 U.S.C.
3604; and for expenses authorized by law, not oth- erwise provided for, in support of interagency projects that enable the Federal Government to enhance its ability to conduct activities electronically, through the development and implementation of innovative uses of information technology; $90,000,000, to be deposited into the Federal Citizen Services Fund: Provided, That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal Citizen Services Fund: Pro- vided further, That the appropriations, revenues, reim- bursements, and collections deposited into the Fund shall be available until expended for necessary expenses of Fed- eral Citizen Services and other activities that enable the Federal Government to enhance its ability to conduct ac- tivities electronically in the aggregate amount not to ex- ceed $200,000,000: Provided further, That appropriations, revenues, reimbursements, and collections accruing to this Fund during fiscal year 2023 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts: Provided further, That, of the total amount appropriated, up to $5,000,000 shall be available for support functions December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
568 and full-time hires to support activities related to the Ad- ministration’s requirements under title II of the Founda- tions for Evidence-Based Policymaking Act of 2018 (Pub- lic Law 115–435): Provided further, That the transfer au- thorities provided herein shall be in addition to any other transfer authority provided in this Act.

TECHNOLOGY MODERNIZATION FUND For the Technology Modernization Fund, $50,000,000, to remain available until expended, for tech- nology-related modernization activities.
WORKING CAPITAL FUND For the Working Capital Fund of the General Serv- ices Administration, $5,900,000, to remain available until expended, for necessary costs incurred by the Adminis- trator to modernize rulemaking systems and to provide support services for Federal rulemaking agencies.

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) SEC.

520.
520.

Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

23 24 25 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
569 only to the extent necessary to meet program require- ments: Provided, That any proposed transfers shall be ap- proved 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 Con- ference of the United States, and the Office of Manage- ment 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 Build- ings Fund, to any agency that does not pay the rate per square foot assessment for space and services as deter- mined by the General Services Administration in consider- ation of the Public Buildings Amendments Act of 1972 25 (Public Law 92–313).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

570 SEC.

524.
524.

From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Avail- ability of Revenue’’, claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from sav- ings effected in other construction projects with prior noti- fication to the Committees on Appropriations of the House of Representatives and the Senate.

SEC.

525.
SEC.

525.

In any case in which the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Environment and Pub- lic Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Con- gress by the Administrator of the General Services Admin- istration 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 deter- mines that the delineated area of the procurement should not be identical to the delineated area included in the pro- spectus, 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 25 the resolution.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

571 SEC.

526.

With respect to projects funded under the heading ‘‘Federal Citizen Services Fund’’, the Adminis- trator 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 Represent- atives and the Senate not later than 60 days after the date of enactment of this Act.

SEC.

527.
SEC.

527.

The Administrator of the General Services Administration shall select a site from one of the three listed in the General Services Administration (GSA) Fiscal Year 2017 PNCR–FBI–NCR17 prospectus for a new fully consolidated Federal Bureau of Investigation (FBI) head- 13 quarters.
In considering the September 2022 and amended No- vember 2022 GSA Site Selection Plan for the FBI Subur- ban Headquarters, not later than 90 days after enactment of this Act, prior to any action by the GSA site selection panel for the new Federal FBI headquarters, the GSA Ad- ministrator shall conduct separate and detailed consulta- tions with individuals representing the sites from the State of Maryland and Commonwealth of Virginia to further consider perspectives related to mission requirements, sus- tainable siting and equity, and evaluate the viability of the GSA’s Site Selection Criteria for the FBI Headquarters to ensure it is consistent with Congressional intent as ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
572 pressed in the resolution of the Committee on Environ- ment and Public Works of the Senate (112th Congress), adopted December 8, 2011 and further described in the General Services Administration Fiscal Year 2017 PNCR–FBI–NCR17 prospectus.

Following those con- sultations, the Administrator shall proceed with the site selection process.
HARRY S TRUMAN SCHOLARSHIP FOUNDATION SALARIES AND EXPENSES For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Pub- lic Law 93–642, $3,000,000, to remain available until ex- 13 pended.
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 Reorganiza- tion 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 author- ized 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 representa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
573 tion expenses, $49,655,000, to remain available until Sep- tember 30, 2024, and in addition not to exceed $2,345,000, to remain available until September 30, 2024, for administrative expenses to adjudicate retirement ap- peals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board.
MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) For payment to the Morris K. Udall and Stewart L. Udall Foundation, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C.

5601 et seq.
5601 et seq.

), $1,800,000, to remain available for direct expendi- ture 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 Inspec- tor 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

574 U.S.C.

App.
), as amended, and for annual independent fi- nancial 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 fur- ther, 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 10 (Public Law 107–289).
ENVIRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolu- tion Fund to carry out activities authorized in the Envi- ronmental Policy and Conflict Resolution Act of 1998, $3,943,000, to remain available until expended.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION OPERATING EXPENSES For necessary expenses in connection with the admin- istration of the National Archives and Records Adminis- tration and archived Federal records and related activities, as provided by law, and for expenses necessary for the re- view 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 al- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
575 lowances 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 avail- able until expended for expenses necessary to enhance the Federal Government’s ability to electronically preserve, manage, and store Government records, and of which up to $2,000,000 shall remain available until expended to im- plement the Civil Rights Cold Case Records Collection Act of 2018 (Public Law 115–426).
OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409, 122 Stat.

4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C.

App.

), and for the hire of passenger motor 16 vehicles, $5,980,000.
REPAIRS AND RESTORATION For the repair, alteration, and improvement of ar- chives facilities and museum exhibits, related equipment for public spaces, and to provide adequate storage for holdings, $22,224,000, to remain available until expended, of which no less than $7,250,000 is for upgrades to the Carter Presidential Library in Atlanta, Georgia and of which $6,000,000 is for the Ulysses S. Grant Presidential Museum in Starkville, Mississippi.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

576 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C.

2504, $12,000,000, to remain available until ex- pended, of which up to $2,000,000 shall be to preserve and make publicly available the congressional papers of former Members of the House and Senate.
ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION SEC.

530.
For an additional amount for ‘‘National Historical Publications and Records Commission Grants Program’’, $22,573,000, which shall be for initiatives in the amounts and for the projects specified in the table that appears under the heading ‘‘Administrative Provisions— National Archives and Records Administration’’ in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That none of the funds made available by this section may be transferred for any other purpose.
NATIONAL CREDIT UNION ADMINISTRATION COMMUNITY DEVELOPMENT REVOLVING LOAN FUND For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C.

9812, 9822, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
577 and 9910, $3,500,000 shall be available until September 30, 2024, for technical assistance to low-income des- ignated credit unions: Provided, That credit unions des- ignated solely as minority depository institutions shall be eligible to apply for and receive such technical assistance.
OFFICE OF GOVERNMENT ETHICS SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, the Ethics Reform Act of 1989, and the Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act of 2012, includ- ing services as authorized by 5 U.S.C.
3109, rental of con- ference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $24,500,000.
OFFICE OF PERSONNEL MANAGEMENT SALARIES AND EXPENSES (INCLUDING TRANSFERS OF TRUST FUNDS) For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Re- organization Plan Numbered 2 of 1978 and the Civil Serv- ice Reform Act of 1978, including services as authorized by 5 U.S.C.

3109; medical examinations performed for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
578 veterans by private physicians on a fee basis; rental of con- ference 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 pay- ment of per diem and/or subsistence allowances to employ- ees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $190,784,000: Provided, That of the total amount made available under this heading, $19,373,000 shall remain available until expended, for information technology mod- ernization and Trust Fund Federal Financial System mi- gration or modernization, and shall be in addition to funds otherwise made available for such purposes: Provided fur- ther, That of the total amount made available under this heading, $1,381,748 may be made available for strength- ening the capacity and capabilities of the acquisition work- force (as defined by the Office of Federal Procurement Policy Act, as amended (41 U.S.C.
4001 et seq.

)), includ- ing the recruitment, hiring, training, and retention of such workforce and information technology in support of acqui- sition workforce effectiveness or for management solutions to improve acquisition management; and in addition $194,924,000 for administrative expenses, to be trans- ferred from the appropriate trust funds of OPM without regard to other statutes, including direct procurement of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
579 printed materials, for the retirement and insurance pro- grams: Provided further, That the provisions of this appro- priation 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 ex- penses 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 Fel- lows, established by Executive Order No.
11183 of Octo- ber 3, 1964, may, during fiscal year 2023, accept dona- tions of money, property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity mate- rials to provide information about the White House Fel- lows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the sala- ries 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
580 (Public Law 115–91; 40 U.S.C.
11301 note): Provided further, That the OPM Director shall notify, and receive approval from, the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer under the preceding proviso: Provided further, That amounts transferred to such a fund under such transfer authority from any organizational cat- egory of OPM shall not exceed 5 percent of each such or- ganizational category’s budget as identified in the report required by section 608 of this Act: Provided further, That amounts transferred to such a fund shall remain available for obligation through September 30, 2026.
OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $6,908,000, and in addition, not to exceed $29,487,000 for administrative expenses to audit, investigate, and pro- vide other oversight of the Office of Personnel Manage- ment’s retirement and insurance programs, to be trans- ferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
581 General: Provided, That the Inspector General is author- ized 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 wit- nesses, rental of conference rooms in the District of Co- lumbia and elsewhere, and hire of passenger motor vehi- 11 cles, $31,904,000.
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Lib- erties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.

2000ee), $10,600,000, to remain avail- able until September 30, 2024.
PUBLIC BUILDINGS REFORM BOARD SALARIES AND EXPENSES For salaries and expenses of the Public Buildings Re- form 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

582 SECURITIES AND EXCHANGE COMMISSION SALARIES AND EXPENSES For necessary expenses for the Securities and Ex- change 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 representa- tion expenses, $2,149,000,000, to remain available until expended; of which not less than $18,979,000 shall be for the Office of Inspector General; of which not to exceed $275,000 shall be available for a permanent secretariat for the International Organization of Securities Commis- sions; and of which not to exceed $100,000 shall be avail- able 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 adminis- trative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental ex- penses 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 replace- ment lease for the Commission’s District of Columbia December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
583 headquarters facilities, not to exceed $57,405,000, to re- main available until expended; and for move, replication, and related costs associated with a replacement lease for the Commission’s San Francisco Regional Office facilities, not to exceed $3,365,000, to remain available until ex- pended.

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 ap- propriation to the Commission for fiscal year 2023: Pro- vided, That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) shall be credited to this account as offsetting collections: Provided further, That not to exceed $2,149,000,000 of such offsetting collections shall be available until expended for necessary expenses of this account; not to exceed $57,405,000 of such offsetting collections shall be avail- able until expended for move, replication, and related costs under this heading associated with a replacement lease for the Commission’s District of Columbia headquarters facili- ties; and not to exceed $3,365,000 of such offsetting col- lections shall be available until expended for move, replica- tion, and related costs under this heading associated with a replacement lease for the Commission’s San Francisco December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
584 Regional Office facilities: Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2023 shall be reduced as such offset- ting 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 Commis- sion’s District of Columbia headquarters facilities or if any amount of the appropriation for move, replication, and re- lated costs associated with a replacement lease for the Commission’s San Francisco Regional Office facilities is subsequently de-obligated by the Commission, such amount that was derived from the general fund shall be returned to the general fund, and such amounts that were derived from fees or assessments collected for such pur- pose 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.
22 78ee) in fiscal year 2023.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

585 SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES For necessary expenses of the Selective Service Sys- tem, 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; serv- ices as authorized by 5 U.S.C.
3109; and not to exceed $750 for official reception and representation expenses; $31,700,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary in the interest of na- tional defense: Provided further, That none of the funds appropriated by this Act may be expended for or in con- nection 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 ex- ceed $3,500 for official reception and representation ex- penses, $326,000,000, of which not less than $12,000,000 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
586 shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Adminis- trator is authorized to charge fees to cover the cost of pub- lications developed by the Small Business Administration, and certain loan program activities, including fees author- ized 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: Pro- vided 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 sec- tion 132(a) of division K of Public Law 108–447, during fiscal year 2023: Provided further, That $6,100,000 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2024: Pro- vided further, That $20,000,000 shall be available for costs associated with the certification of small business concerns owned and controlled by veterans or service-dis- abled veterans under sections 36A and 36 of the Small Business Act (15 U.S.C.
657f–1; 657f), respectively, and section 862 of Public Law 116–283, to be available until 24 September 30, 2024.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
587 ENTREPRENEURIAL DEVELOPMENT PROGRAMS For necessary expenses of programs supporting en- trepreneurial and small business development, $320,000,000, to remain available until September 30, 2024: Provided, That $140,000,000 shall be available to fund grants for performance in fiscal year 2023 or fiscal year 2024 as authorized by section 21 of the Small Busi- ness 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 12 the microloan program: Provided further, That 13 14 15 $20,000,000 shall be available for grants to States to carry out export programs that assist small business con- cerns authorized under section 22(l) of the Small Business 16 Act (15 U.S.C.

649(l)).

17 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 Flexi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

588 bility 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, in- cluding the cost of modifying such loans, shall be as de- fined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2023 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 and com- mitments for loans authorized under subparagraph (C) of section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C.
696(7)) shall not exceed, in the aggre- gate, $15,000,000,000: Provided further, That during fis- cal year 2023 commitments for general business loans au- thorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act shall not exceed $35,000,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans: Provided further, That during fiscal year 2023 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 shall not exceed $5,000,000,000: Provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
589 further, That during fiscal year 2023, guarantees of trust certificates authorized by section 5(g) of the Small Busi- ness 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 ex- pended, 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 pro- grams 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 Ex- penses: Provided, That, of the funds provided under this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
590 heading, $143,000,000 shall be for major disasters de- clared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5122(2)): Pro- vided further, That the amount for major disasters under this heading is designated by the Congress as being for disaster relief pursuant to a concurrent resolution on the budget in the Senate and section 1(f) of H. Res.

1151 (117th Congress), as engrossed in the House of Rep- resentatives on June 8, 2022.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS) SEC.

540.
Not to exceed 5 percent of any appropria- tion made available for the current fiscal year for the Small Business Administration in this Act may be trans- ferred between such appropriations, but no such appro- priation 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 avail- able for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC.

541.

Not to exceed 3 percent of any appropria- tion made available in this Act for the Small Business Ad- ministration under the headings ‘‘Salaries and Expenses’’ December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
591 and ‘‘Business Loans Program Account’’ may be trans- ferred to the Administration’s information technology sys- tem 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 Represent- atives and the Senate: Provided, That amounts transferred to the IT WCF under this section shall remain available for obligation through September 30, 2026.
SEC.

542.
For an additional amount for ‘‘Small Busi- 13 ness Administration—Salaries and Expenses’’, $179,710,000, which shall be for initiatives related to small business development and entrepreneurship, includ- ing programmatic, construction, and acquisition activities, in the amounts and for the projects specified in the table that appears under the heading ‘‘Administrative Provi- sions—Small Business Administration’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That, not- withstanding sections 2701.92 and 2701.93 of title 2, Code of Federal Regulations, the Administrator of the Small Business Administration may permit awards to sub- recipients for initiatives funded under this section: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
592 vided 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 sub- sections (c) and (d) of section 2401 of title 39, United States Code, $50,253,000: Provided, That mail for over- seas 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 imple- ment any rule, regulation, or policy of charging any officer or employee of any State or local child support enforce- ment 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 author- ized under the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 (Public Law 111–241).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
593 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 Account- ability 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 representa- tion expenses, $57,300,000, of which $1,000,000 shall re- main available until expended: Provided, That the amount made available under 26 U.S.C.

7475 shall be transferred and added to any amounts available under 26 U.S.C.
7473, to remain available until expended, for the operation and maintenance of the United States Tax Court: Pro- vided further, That travel expenses of the judges shall be paid upon the written certificate of the judge.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

594 TITLE VI GENERAL PROVISIONS—THIS ACT (INCLUDING RESCISSION OF FUNDS) SEC.

601.
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.
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 appropria- tions, except for transfers made pursuant to the authority in section 3173(d) of title 40, United States Code, unless expressly so provided herein.

15 SEC.

603.
SEC.

603.

The expenditure of any appropriation under this Act for any consulting service through procure- ment 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 ex- isting Executive order issued pursuant to existing law.

SEC.

604.
SEC.

604.

None of the funds made available in this Act may be transferred to any department, agency, or in- strumentality of the United States Government, except December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

595 pursuant to a transfer made by, or transfer authority pro- vided in, this Act or any other appropriations Act.

SEC.

605.
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 ac- tivity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or pol- icy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C.

1307).

SEC.

606.
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 chap- ter 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 pre- vious appropriations Acts to the agencies or entities fund- ed in this Act that remain available for obligation or ex- penditure in fiscal year 2023, or provided from any ac- counts 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 re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
596 programming 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 Con- gress; (4) proposes to use funds directed for a specific ac- tivity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or ac- tivities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activi- ties by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities un- less prior approval is received from the Committees on Ap- propriations of the House of Representatives and the Sen- ate: 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 fur- ther, That not later than 60 days after the date of enact- ment 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 trans- fer authorities for the current fiscal year: Provided further, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
597 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, adjust- ments 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, which- ever is more detailed, and which shall apply to all items for which a dollar amount is specified and to all programs for which new budget authority is provided, as well as to discretionary grants and discretionary grant allocations; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to 21 the Congress.
22 23 24 25 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
598 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 re- programming guidelines.

SEC.

610.
(a) None of the funds made available in 10 this Act may be used by the Executive Office of the Presi- 11 dent to request— (1) any official background investigation report on any individual from the Federal Bureau of Inves- tigation; or (2) a determination with respect to the treat- ment 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 inves- tigation report, if such individual has given express written consent for such request not more than 6 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

599 months prior to the date of such request and during the same presidential administration; or (2) if such request is required due to extraor- dinary circumstances involving national security.

SEC.

611.
SEC.

611.

The cost accounting standards promul- gated under chapter 15 of title 41, United States Code shall not apply with respect to a contract under the Fed- eral Employees Health Benefits Program established under chapter 89 of title 5, United States Code.

SEC.

612.
SEC.

612.

For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Of- fice 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.

18 SEC.

613.
SEC.

613.

No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions.

SEC.

614.

The provision of section 613 shall not apply where the life of the mother would be endangered December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
600 if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.

SEC.

615.
SEC.

615.

In order to promote Government access to commercial information technology, the restriction on pur- chasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popu- larly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of informa- tion 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.
SEC.

616.
Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regu- latory agency or commission funded by this Act may ac- cept 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 ex- penses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar func- tion relating to the official duties of the officer or em- ployee 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
601 501(c)(3) of the Internal Revenue Code of 1986 and ex- empt from tax under section 501(a) of such Code.

SEC.

617.
SEC.

617.

(a)(1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meet- ing, storage, or other space must consult with the General Services Administration before issuing a solicitation for of- fers of new leases or construction contracts, and in the 10 case of succeeding leases, before entering into negotiations 11 with the current lessor.
12 13 14 (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 15 respect to such agency.

16 17 18 19 (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 Gen- eral Services Administration or the United States Postal 20 Service.

21 22 23 24 25 SEC.

618.
SEC.

618.

(a) There are appropriated for the fol- lowing activities the amounts required under current law: (1) Compensation of the President (3 U.S.C.

102).

(2) Payments to— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

602 (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)).
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 bene- fits for employees retiring after December 31, 1989 (5 U.S.C.

ch.

87).
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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

603 (b) Nothing in this section may be construed to ex- empt any amount appropriated by this section from any otherwise applicable limitation on the use of funds con- tained in this Act.

SEC.

619.
SEC.

619.

None of the funds made available in this Act may be used by the Federal Trade Commission to complete the draft report entitled ‘‘Interagency Working Group on Food Marketed to Children: Preliminary Pro- posed Nutrition Principles to Guide Industry Self-Regu- latory Efforts’’ unless the Interagency Working Group on Food Marketed to Children complies with Executive Order 12 No.

13563.

13 SEC.

620.
SEC.

620.

(a) The head of each executive branch agency funded by this Act shall ensure that the Chief In- formation Officer of the agency has the authority to par- ticipate 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 informa- tion technology shall be allocated within the agency, con- sistent 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 Of- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
604 ficer of the agency in consultation with the Chief Financial Officer of the agency and budget officials.

SEC.

621.

None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code.

SEC.

622.
SEC.

622.

None of the funds made available in this Act may be used by a governmental entity to require the disclosure by a provider of electronic communication serv- ice to the public or remote computing service of the con- tents of a wire or electronic communication that is in elec- tronic storage with the provider (as such terms are defined in sections 2510 and 2711 of title 18, United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States.

SEC.

623.
No funds provided in this Act shall be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials avail- able to the department or agency over which that Inspec- tor General has responsibilities under the Inspector Gen- eral Act of 1978, or to prevent or impede that Inspector General’s access to such records, documents, or other ma- terials, under any provision of law, except a provision of law that expressly refers to the Inspector General and ex- pressly limits the Inspector General’s right of access.
A department or agency covered by this section shall provide December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

605 its Inspector General with access to all such records, docu- ments, and other materials in a timely manner.
Each In- spector General shall ensure compliance with statutory limitations on disclosure relevant to the information pro- vided by the establishment over which that Inspector Gen- eral 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 cal- endar days any failures to comply with this requirement.

SEC.

624.
None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change the rules or regulations of the Commission for universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of sec- tion 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, devel- oping, or adopting other support mechanisms as an alter- native to Mobility Fund Phase II: Provided further, That any such alternative mechanism shall maintain existing high-cost support to competitive eligible telecommuni- cations carriers until support under such mechanism com- 25 mences.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

606 SEC.

625.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication activi- ties, or other law enforcement- or victim assistance-related 10 activity.

11 SEC.

626.
None of the funds appropriated or other- wise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government- driven scope changes, or are not significant within the overall scope of the project and/or program and unless such awards or incentive fees are consistent with section 16.401(e)(2) of the Federal Acquisition Regulation.
SEC.

627.

(a) None of the funds made available under this Act may be used to pay for travel and conference ac- tivities that result in a total cost to an Executive branch department, agency, board or commission funded by this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
607 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 Rep- resentatives and the Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be used to pay for the travel to or attendance of more than 50 employees, who are stationed in the United States, at any single conference occurring outside the United States unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that in- cludes the basis of that determination.

SEC.

628.
SEC.

628.

None of the funds made available by this Act may be used for first-class or business-class travel by the employees of executive branch agencies funded by this Act in contravention of sections 301–10.122 through 301– 10.125 of title 41, Code of Federal Regulations.

SEC.

629.
SEC.

629.

In addition to any amounts appropriated or otherwise made available for expenses related to en- hancements to www.oversight.gov, $850,000, to remain available until expended, shall be provided for an addi- tional amount for such purpose to the Inspectors General December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

608 Council Fund established pursuant to section 11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C.

App.
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 sec- tion 11 of the Inspector General Act of 1978 (5 U.S.C.

App.).

SEC.

630.
App.).

SEC.

630.

None of the funds made available by this Act may be obligated on contracts in excess of $5,000 for public relations, as that term is defined in Office and Man- agement and Budget Circular A–87 (revised May 10, 2004), unless advance notice of such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate.

SEC.

631.
SEC.

631.

Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, pub- lished, or produced and disseminated at U.S. taxpayer ex- pense.
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 commu- nications regarding the programs and activities of the agency.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

609 SEC.

632.
When issuing statements, press releases, requests for proposals, bid solicitations and other docu- ments 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 pro- gram or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.
SEC.

633.

None of the funds made available by this Act shall be used by the Securities and Exchange Commis- sion to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.

20 21 22 23 24 SEC.

634.
SEC.

634.

Not later than 45 days after the last day of each quarter, each agency funded in this Act shall sub- mit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget re- port that includes total obligations of the Agency for that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

610 quarter for each appropriation, by the source year of the appropriation.

SEC.

635.
SEC.

635.

(a) Section 41002(c)(1) of Public Law 114–94 (42 U.S.C.

4370m–1(c)(1)) is amended by adding at the end the following new subparagraph: ‘‘(E) PERSONNEL.—The Executive Direc- tor of the Council may appoint and fix the com- pensation of such employees as the Executive Director considers necessary to carry out the roles and responsibilities of the Executive Di- rector.’’.

(b) Section 41009(d)(2) of Public Law 114–94 (42 U.S.C.
4370m–8(d)(2)) is amended by striking ‘‘staffing of the Office of the Executive Director’’ and inserting ‘‘ap- pointing and fixing the compensation of such employees as the Executive Director considers necessary to carry out the roles and responsibilities of the Executive Director’’.

SEC.

636.
SEC.

636.

(a) DESIGNATION.—The Federal building located at 90 7th Street in San Francisco, California, shall be known and designated as the ‘‘Speaker Nancy Pelosi Federal Building’’.

22 23 24 (b) REFERENCES.—Any reference in a law, map, reg- ulation, document, paper, or other record of the United States to the Federal building referred to in subsection December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
611 (a) shall be deemed to be a reference to the ‘‘Speaker Nancy Pelosi Federal Building’’.

SEC.

637.

Of the unobligated balances available in the Department of the Treasury, Treasury Forfeiture Fund, established by section 9703 of title 31, United States Code, $150,000,000 shall be permanently rescinded not later than September 30, 2023.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
612 TITLE VII GENERAL PROVISIONS—GOVERNMENT-WIDE DEPARTMENTS, AGENCIES, AND CORPORATIONS (INCLUDING TRANSFERS OF FUNDS) SEC.

701.
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, agen- cy, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to en- sure 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.

16 SEC.

702.
Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 1343(c) of title 31, United States Code, for the purchase of any passenger motor ve- hicle (exclusive of buses, ambulances, law enforcement ve- hicles, protective vehicles, and undercover surveillance ve- hicles), is hereby fixed at $26,733 except station wagons for which the maximum shall be $27,873: Provided, That these limits may be exceeded by not to exceed $7,775 for police-type vehicles: Provided further, That the limits set December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
613 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 Demonstra- tion 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 con- ventionally fueled vehicles: Provided further, That the lim- its set forth in this section shall not apply to any vehicle that is a commercial item and which operates on alter- native fuel, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles.
SEC.

703.

Appropriations of the executive depart- ments and independent establishments for the current fis- cal year available for expenses of travel, or for the ex- penses 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 con- tained in this or any other Act shall be used to pay the compensation of any officer or employee of the Govern- ment of the United States (including any agency the ma- jority of the stock of which is owned by the Government December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
614 of the United States) whose post of duty is in the conti- nental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admit- ted 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 grant- ed asylum under 8 U.S.C.
1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: Provided, That for pur- poses of this section, affidavits signed by any such person shall be considered prima facie evidence that the require- ments 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 sub- mitted prior to employment and updated thereafter as nec- essary: 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 sub- stitution for, any other provisions of existing law: Provided further, That any payment made to any officer or em- ployee contrary to the provisions of this section shall be recoverable in action by the Federal Government: Provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
615 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 Broad- casting 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 Depart- ment of the Interior or the USDA Forest Service pursuant to an agreement with another country.
SEC.

705.

Appropriations available to any depart- ment or agency during the current fiscal year for nec- essary expenses, including maintenance or operating ex- penses, 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 build- ings 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 re- ceive and use funds resulting from the sale of materials, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

616 including Federal records disposed of pursuant to a records schedule recovered through recycling or waste pre- vention programs.
Such funds shall be available until ex- pended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No.

14057 (December 8, 2021), including any such programs adopted prior to the effective date of the Executive order.

(2) Other Federal agency environmental man- agement 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
617 Act by which they are made available: Provided, That in the event any functions budgeted as administrative ex- penses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.

SEC.

708.
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 instru- 13 mentality.

14 15 16 17 18 SEC.

709.
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 19 United States.

20 SEC.

710.
SEC.

710.

During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
618 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 Rep- resentatives and the Senate.
For the purposes of this sec- tion, the term ‘‘office’’ shall include the entire suite of of- fices 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 sec- tion 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 emer- gency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or enti- ties, as provided by Executive Order No.

13618 (July 6, 17 2012).

18 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 pol- icy-determining character that is excepted from the com- petitive service under section 3302 of title 5, United States Code, (pursuant to schedule C of subpart C of part December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
619 213 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 cer- tifies to the Director of the Office of Personnel Manage- ment that the schedule C position occupied by the indi- vidual 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 de- tailed 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 16 Government, who— (1) prohibits or prevents, or attempts or threat- ens to prohibit or prevent, any other officer or em- ployee 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
620 whether such communication or contact is at the ini- tiative of such other officer or employee or in re- sponse 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 dis- criminates in regard to any employment right, enti- tlement, or benefit, or any term or condition of em- ployment 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 sub- committee 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— 22 23 24 (1) does not meet identified needs for knowl- edge, skills, and abilities bearing directly upon the performance of official duties; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
621 (2) contains elements likely to induce high lev- els 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 train- ing 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 Em- ployment Opportunity Commission Notice N– 915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, par- ticipants’ 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 execu- tive branch, other than for normal and recognized execu- tive-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 legisla- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
622 tion 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 Fed- eral 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.
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 mail- ing lists to any person or any organization outside of the Federal Government without the approval of the Commit- tees on Appropriations of the House of Representatives 15 and the Senate.

16 17 18 19 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 propa- ganda purposes within the United States not heretofore 20 authorized by Congress.

21 22 23 SEC.

719.

(a) In this section, the term ‘‘agency’’— (1) means an Executive agency, as defined under 5 U.S.C.

105; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
623 (2) includes a military department, as defined under section 102 of such title and the United States Postal Service.

(b) Unless authorized in accordance with law or regu- lations 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 sec- tion 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 18 costs.
SEC.

721.

Notwithstanding 31 U.S.C.

1346 and sec- tion 708 of this Act, the head of each Executive depart- ment and agency is hereby authorized to transfer to or reimburse ‘‘General Services Administration, Government- wide Policy’’ with the approval of the Director of the Of- fice of Management and Budget, funds made available for the current fiscal year by this or any other Act, including December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
624 rebates from charge card and other contracts: Provided, That these funds shall be administered by the Adminis- trator of General Services to support Government-wide and other multi-agency financial, information technology, procurement, and other management innovations, initia- tives, 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 des- ignated by the Director (including the President’s Man- agement Council for overall management improvement ini- tiatives, 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 initia- tives, the Chief Acquisition Officers Council for procure- ment initiatives, and the Performance Improvement Coun- cil for performance improvement initiatives): Provided fur- ther, 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 inno- vations, initiatives, and activities: Provided further, That the funds transferred to or for reimbursement of ‘‘General December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
625 Services Administration, Government-Wide Policy’’ during fiscal year 2023 shall remain available for obligation through September 30, 2024: Provided further, That not later than 90 days after enactment of this Act, the Direc- tor of the Office of Management and Budget, in consulta- tion with the Administrator of General Services, shall sub- mit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Homeland Security and Governmental Affairs of the Sen- ate, and the Committee on Oversight and Reform of the House of Representatives a detailed spend plan for the funds to be transferred or reimbursed: Provided further, That the spend plan shall, at a minimum, include: (i) the amounts currently in the funds authorized under this sec- tion and the estimate of amounts to be transferred or re- imbursed in fiscal year 2023; (ii) a detailed breakdown of the purposes for all funds estimated to be transferred or reimbursed pursuant to this section (including total number of personnel and costs for all staff whose salaries are provided for by this section); (iii) where applicable, a description of the funds intended for use by or for the benefit of each executive council; and (iv) where applica- ble, a description of the funds intended for use by or for the implementation of specific laws passed by Congress: Provided further, That no transfers or reimbursements December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
626 may be made pursuant to this section until 15 days fol- lowing 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 sec- tion 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 re- port describing the budget of and resources connected with the National Science and Technology Council to the Com- mittees on Appropriations, the House Committee on Science, Space, and Technology, and the Senate Com- mittee on Commerce, Science, and Transportation 90 days after enactment of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

627 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 in- dividual’s access to or use of any Federal Govern- ment Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to col- lect, review, or obtain any aggregation of data, de- rived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any nongovernmental Internet site.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
628 (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 iden- tifiable information; (3) any action taken for law enforcement, regu- latory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the oper- ator of an Internet site and is necessarily incident to providing the Internet site services or to pro- tecting 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 ac- tions to implement, interpret or enforce authorities provided in law.

(2) The term ‘‘supervisory’’ means examina- tions of the agency’s supervised institutions, includ- ing assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

629 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 con- traceptive 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 sub- ject 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 re- quire coverage of abortion or abortion-related services.

SEC.

727.
SEC.

727.

The United States is committed to ensur- ing the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, edu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
630 cation, and research as performed by nationally recognized oversight authorities.

SEC.

728.
SEC.

728.

Notwithstanding any other provision of law, funds appropriated for official travel to Federal de- partments 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 Gov- ernment 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 im- plement the proposed regulations of the Office of Per- sonnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Reg- ulations, 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 contig- uous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
631 advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Centers is author- ized 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.
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 dis- tribution in the United States, unless the story includes a clear notification within the text or audio of the pre- packaged news story that the prepackaged news story was prepared or funded by that executive branch agency.

SEC.

732.
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.
SEC.

733.

(a) IN GENERAL.—None of the funds ap- propriated or otherwise made available by this or any other Act may be used for any Federal Government con- tract 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
632 (b) WAIVERS.— (1) IN GENERAL.—Any Secretary shall waive subsection (a) with respect to any Federal Govern- ment contract under the authority of such Secretary if the Secretary determines that the waiver is re- quired 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.

14 SEC.

734.
During fiscal year 2023, for each employee 15 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 sub- chapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to sepa- rate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management’s aver- age unit cost of processing a retirement claim for the preceding fiscal year.
Such amounts shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

633 available until expended to the Office of Personnel Management and shall be deemed to be an adminis- trative expense under section 8348(a)(1)(B) of title 5, United States Code.

SEC.

735.
(a) None of the funds made available in this or any other Act may be used to recommend or re- quire any entity submitting an offer for a Federal contract to disclose any of the following information as a condition of submitting the offer: (1) Any payment consisting of a contribution, expenditure, independent expenditure, or disburse- ment for an electioneering communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election for Federal office or to a political com- mittee, or that is otherwise made with respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will use the funds to make a payment described in paragraph (1).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
634 (b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election- eering communication’’, ‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given such term in the Federal Election Campaign Act of 1971 (52 U.S.C.

30101 et seq.).

SEC.

736.


None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Govern- ment, including the President, the Vice President, a Mem- ber of Congress (including a Delegate or a Resident Com- missioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch.

SEC.

737.
(a)(1) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2023, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (A) during the period from the date of expira- tion of the limitation imposed by the comparable sec- tion for the previous fiscal years until the normal ef- fective date of the applicable wage survey adjust- ment that is to take effect in fiscal year 2023, in an December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
635 amount that exceeds the rate payable for the appli- cable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period consisting of the remain- der 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 aver- age percentage of the locality-based com- parability payments taking effect in fiscal year 2023 under section 5304 of such title (whether by adjustment or otherwise), and the overall av- erage 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) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
636 is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) appli- cable to such employee.

(3) For the purposes of this subsection, the rates pay- able 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 pre- scribed 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 pur- 14 pose of this subsection.

15 (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 pre- mium pay, retirement, life insurance, or any other em- ployee benefit) that requires any deduction or contribu- tion, 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 sub- section shall be treated as the rate of salary or basic pay.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

637 (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 sub- section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of quali- fied 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 em- ployees 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 employ- ees 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
638 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 ap- plicable pay period beginning after September 30, 2022.

SEC.

738.
(a) The head of any Executive branch de- partment, 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 con- ference held by any such department, agency, board, com- mission, or office during fiscal year 2023 for which the cost to the United States Government was more than $100,000.
16 17 (b) Each report submitted shall include, for each con- ference described in subsection (a) held during the applica- 18 ble period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
639 (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 con- ference; 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 con- ference 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.
24 25 (d) A grant or contract funded by amounts appro- priated by this or any other appropriations Act may not December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
640 be used for the purpose of defraying the costs of a con- ference 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 con- ference 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 13 memorandum.

14 SEC.

739.
SEC.

739.

None of the funds made available in this or any other appropriations Act may be used to increase, eliminate, or reduce funding for a program, project, or ac- tivity 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 provi- sions of this or any other appropriations Act.

SEC.

740.
SEC.

740.

None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled ‘‘Competitive Area’’ published by the Office of Personnel Management in the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

Federal Register on April 15, 2008 (73 Fed.

Reg.

20180 641 et seq.).

SEC.

741.


None of the funds appropriated or other- wise 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 Of- fice of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy.

SEC.

742.
(a) None of the funds appropriated or oth- erwise 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 prohib- iting or otherwise restricting such employees or contrac- tors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement represent- ative of a Federal department or agency authorized to re- ceive such information.
21 22 23 24 (b) The limitation in subsection (a) shall not con- travene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal depart- ment or agency governing the nondisclosure of classified 25 information.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

642 SEC.

743.
(a) No funds appropriated in this or any other Act may be used to implement or enforce the agree- ments in Standard Forms 312 and 4414 of the Govern- ment or any other nondisclosure policy, form, or agree- ment 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) classi- fied information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of au- thority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection.
The definitions, requirements, obligations, rights, sanc- tions, and liabilities created by controlling Executive or- ders and statutory provisions are incorporated into this agreement and are controlling.’’: Provided, That notwith- standing the preceding provision of this section, a non- disclosure 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 pro- visions appropriate to the particular activity for which December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
643 such document is to be used.

Such form or agreement shall, at a minimum, require that the person will not dis- close 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 en- tered into during fiscal year 2014 which does not contain substantially similar language to that required in sub- 18 section (a).

19 SEC.

744.
SEC.

744.

None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liabil- ity that has been assessed, for which all judicial and ad- ministrative remedies have been exhausted or have lapsed, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
644 and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for col- lecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

SEC.

745.
None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the convic- tion, unless a Federal agency has considered suspension or debarment of the corporation and has made a deter- mination that this further action is not necessary to pro- tect the interests of the Government.
SEC.

746.

(a) During fiscal year 2023, on the date on which a request is made for a transfer of funds in ac- cordance with section 1017 of Public Law 111–203, the Bureau of Consumer Financial Protection shall notify the Committees on Appropriations of the House of Represent- atives and the Senate, the Committee on Financial Serv- ices of the House of Representatives, and the Committee December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
645 on Banking, Housing, and Urban Affairs of the Senate of such request.

(b) Any notification required by this section shall be made available on the Bureau’s public website.

SEC.

747.
SEC.

747.

(a) Notwithstanding any official rate ad- justed 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 divi- sion 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 De- cember 31, 2022, by operation of section 747 of division E of Public Law 117–103.
Such an employee may not re- ceive a rate increase during calendar year 2023, except 21 as provided in subsection (i).

22 23 24 (c) Notwithstanding section 401 of the Foreign Serv- ice Act of 1980 (Public Law 96–465) or any other provi- sion of law, a chief of mission or ambassador at large is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

646 subject to subsection (b) in the same manner as other em- ployees who are paid at an Executive Schedule rate.
(d)(1) This subsection applies to— (A) a noncareer appointee in the Senior Execu- tive 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 emer- gency 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 para- graph (1) may not receive a pay rate increase during cal- endar 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
647 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, ap- plied to them.

(f) Nothing in subsections (b) through (e) shall pre- vent employees who do not serve under a political appoint- ment 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 18 election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate in- crease upon an authorized movement to a different cov- ered position only if that new position has higher-level du- ties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement.

Any such increase must be based on the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
648 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 Pub- 10 lic Law 117–103.
11 12 13 14 (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 15 of that pay period.

16 17 18 19 20 (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 21 1, 2023.

22 23 24 25 SEC.

748.

In the event of a violation of the Impound- ment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
649 and a statement of actions taken: Provided, That a copy of each report shall also be transmitted to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General on the same date the report is transmitted to the Congress.

SEC.

749.
(a) Each department or agency of the exec- utive 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 re- quired 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 obli- gation 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 informa- tion identifying the bureau, account name, appropriation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

name, and Treasury Appropriation Fund Symbol or fund 650 account.

SEC.

750.
(a) Any non-Federal entity receiving funds provided in this or any other appropriations Act for fiscal year 2023 that are specified in the disclosure table sub- mitted in compliance with clause 9 of rule XXI of the Rules of the House of Representatives or Rule XLIV of the Standing Rules of the Senate that is included in the report or explanatory statement accompanying any such Act shall be deemed to be a recipient of a Federal award with respect to such funds for purposes of the require- ments of 2 CFR 200.334, regarding records retention, and 2 CFR 200.337, regarding access by the Comptroller Gen- eral of the United States.
15 16 17 18 (b) Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any require- ments otherwise applicable to non-Federal entities de- scribed in paragraph (1) or any existing authority of the 19 Comptroller General.

20 SEC.

751.
SEC.

751.

Notwithstanding section 1346 of title 31, United States Code, or section 708 of this Act, funds made available by this or any other Act to any Federal agency may be used by that Federal agency for inter- agency funding for coordination with, participation in, or recommendations involving, activities of the U.S. Army December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
651 Medical Research and Development Command, the Con- gressionally Directed Medical Research Programs and the National Institutes of Health research programs.

SEC.

752.
(a)(1) Not later than 100 days after the date of enactment of this Act, the Director of the Office of Management and Budget (in this section referred to as the ‘‘Director’’), in coordination with the Architectural and Transportation Barriers Compliance Board and the Administrator of General Services (in this section referred to as the ‘‘Administrator’’), shall disseminate amended or updated criteria and instructions to any Federal depart- ment or agency (in this section referred to as an ‘‘agen- cy’’) covered by section 508 of the Rehabilitation Act of 1973 (29 U.S.C.
794d) for the evaluation required pursu- 15 ant to paragraph (3)(B).
(2) Such criteria and instructions shall— (A) include, at minimum, requirements that in- formation technologies and digital services must– (i) conform to the technical standards ref- erenced in subsection (a)(2)(A) of such section 508, as determined by appropriate conformance testing; and (ii) be accessible to and usable by individ- uals with disabilities as determined from con- sultation with individuals with disabilities, in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
652 cluding those with visual, auditory, tactile, and cognitive disabilities, or members of any dis- ability organization; and (B) provide guidance to agencies regarding the types and format of data and information to be sub- mitted to the Director and the Administrator pursu- ant to paragraph (3), including how to submit such data and information, the metrics by which compli- ance will be assessed in the reports required in sub- section (b), and any other directions necessary for agencies to demonstrate compliance with accessi- bility standards for electronic and information tech- nology procured and in use within an agency, as re- quired by such section 508.
(3) Not later than 225 days after the date of enact- ment of this Act, the head of each agency shall— (A) evaluate the extent to which the electronic and information technology of the agency are acces- sible to and usable by individuals with disabilities described in subsection (a)(1) of such section 508 compared to the access to and use of the technology and services by individuals described in such section who are not individuals with disabilities; (B) evaluate the electronic and information technology of the agency in accordance with the cri- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
653 teria and instructions provided in paragraph (1); and (C) submit a report containing the evaluations jointly to the Director and the Administrator.
(b)(1) Not later than 1 year after the date of enact- ment of this Act, and annually thereafter, the Adminis- trator, in consultation with the Director, shall prepare and submit to the Committees on Appropriations and Home- land Security and Governmental Affairs of the Senate and the Committees on Appropriations and Oversight and Re- form of the House of Representatives a report that shall include— (A) a comprehensive assessment (including in- formation identifying the metrics and data used) of compliance by each agency, and by the Federal Gov- ernment generally, with the criteria and instructions disseminated under subsection (a)(1); (B) a detailed description of the actions, activi- ties, and other efforts made by the Administrator over the year preceding submission to support such compliance at agencies and any planned efforts in the coming year to improve compliance at agencies; and (C) a list of recommendations that agencies or Congress may take to help support that compliance.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

654 (2) The Administrator shall ensure that the reports required under this subsection are made available on a public website and are maintained as an open Government data asset (as that term is defined in section 3502 of title 44, United States Code).

SEC.

753.

Notwithstanding 31 U.S.C.
1346 and sec- tion 708 of this Act, the head of each Executive depart- ment and agency is hereby authorized to transfer to or reimburse ‘‘General Services Administration, Federal Cit- izen Services Fund’’ with the approval of the Director of the Office of Management and Budget, funds made avail- able for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided, That these funds, in addition to amounts other- wise available, shall be administered by the Administrator of General Services to carry out the purposes of the Fed- eral Citizen Services Fund and to support Government- wide and other multi-agency financial, information tech- nology, procurement, and other activities, including serv- ices authorized by 44 U.S.C.
3604 and enabling Federal agencies to take advantage of information technology in sharing information: Provided further, That the total funds transferred or reimbursed shall not exceed $15,000,000 for such purposes: Provided further, That the funds transferred to or for reimbursement of ‘‘General December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
655 Services Administration, Federal Citizen Services Fund’’ during fiscal year 2023 shall remain available for obliga- tion through September 30, 2024: Provided further, That not later than 90 days after enactment of this Act, the Administrator of General Services, in consultation with the Director of the Office of Management and Budget, shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan for the funds to be transferred or reimbursed: Pro- vided further, That the spend plan shall, at a minimum, include: (i) the amounts currently in the funds authorized under this section and the estimate of amounts to be transferred or reimbursed in fiscal year 2023; (ii) a de- tailed breakdown of the purposes for all funds estimated to be transferred or reimbursed pursuant to this section (including total number of personnel and costs for all staff whose salaries are provided for by this section); and (iii) where applicable, a description of the funds intended for use by or for the implementation of specific laws passed by Congress: Provided further, That no transfers or reim- bursements may be made pursuant to this section until 15 days following notification of the Committees on Ap- propriations of the House of Representatives and the Sen- ate by the Director of the Office of Management and 25 Budget.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

656 SEC.

754.

Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any title other than title IV or VIII shall not apply to such title IV or VIII.

1 2 3 4 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

657 TITLE VIII GENERAL PROVISIONS—DISTRICT OF COLUMBIA (INCLUDING TRANSFERS OF FUNDS) SEC.

801.
801.

There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.

SEC.

802.
SEC.

802.

None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.

15 SEC.

803.
(a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a re- programming of funds which— (1) creates new programs; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
658 (2) eliminates a program, project, or responsi- bility center; (3) establishes or changes allocations specifi- cally 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 pre- viously 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, which- ever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsi- bility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is author- ized to approve and execute reprogramming and transfer requests of local funds under this title through November 7, 2023.

23 24 25 SEC.

804.

None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
659 offices of United States Senator or United States Rep- resentative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec.

1–123).

SEC.

805.
1–123).

SEC.

805.

Except as otherwise provided in this sec- tion, none of the funds made available by this Act or by any other Act may be used to provide any officer or em- ployee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties.
For purposes of this section, the term ‘‘official duties’’ does not include travel between the officer’s or employee’s residence and workplace, except in the case of— (1) an officer or employee of the Metropolitan Police Department who resides in the District of Co- lumbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an offi- cer or employee of the District of Columbia Fire and Emergency Medical Services Department who re- sides in the District of Columbia and is on call 24 hours a day; (3) at the discretion of the Director of the De- partment of Corrections, an officer or employee of the District of Columbia Department of Corrections December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
660 who resides in the District of Columbia and is on call 24 hours a day; (4) at the discretion of the Chief Medical Ex- aminer, an officer or employee of the Office of the Chief Medical Examiner who resides in the District of Columbia and is on call 24 hours a day; (5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Se- curity and Emergency Management Agency who re- sides in the District of Columbia and is on call 24 hours a day; (6) the Mayor of the District of Columbia; and (7) the Chairman of the Council of the District of Columbia.
SEC.

806.

(a) None of the Federal funds contained in this Act may be used by the District of Columbia Attor- ney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Co- lumbia.
23 24 (b) Nothing in this section bars the District of Co- lumbia Attorney General from reviewing or commenting December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

661 on briefs in private lawsuits, or from consulting with offi- cials of the District government regarding such lawsuits.

SEC.

807.
SEC.

807.

None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.

SEC.

808.
SEC.

808.

Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ‘‘conscience clause’’ which provides excep- tions for religious beliefs and moral convictions.

SEC.

809.
SEC.

809.

(a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C.

801 et seq.)

or any tetrahydrocannabinols de- 22 rivative.


23 24 25 (b) No funds available for obligation or expenditure by the District of Columbia government under any author- ity may be used to enact any law, rule, or regulation to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
662 legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C.

801 et seq.)

or any tetrahydrocannabinols derivative for rec- reational purposes.

SEC.

810.
SEC.

810.

No funds available for obligation or ex- penditure by the District of Columbia government under any authority shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.

SEC.

811.
SEC.

811.

(a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1–204.42), for all agencies of the District of Columbia government for fiscal year 2023 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated 25 actual expenditures.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
663 (b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Co- lumbia certifies that a reallocation is required to address unanticipated changes in program requirements.

SEC.

812.
SEC.

812.

No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Offi- cer for the District of Columbia shall submit to the appro- priate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the for- mat of the budget that the District of Columbia govern- ment submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec.

1– 16 204.42).

17 SEC.

813.
SEC.

813.

(a) Amounts appropriated in this Act as operating funds may be transferred to the District of Co- lumbia’s enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority con- sistent with the provisions of this Act.
(b) The District of Columbia government is author- ized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

664 funds, and such amounts, once transferred or repro- grammed, shall retain appropriation authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

SEC.

814.

None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.

SEC.

815.
Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unob- ligated 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 Com- mittees 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 out- lined in section 803 of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

665 SEC.

816.
(a)(1) During fiscal year 2024, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Act referred to in paragraph (2) (sub- ject to any modifications enacted by the District of Colum- bia 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 Co- lumbia Home Rule Act) will constitute the local portion of the annual budget for the District of Columbia govern- ment for fiscal year 2024 for purposes of section 446 of the District of Columbia Home Rule Act (sec.

1–204.46, 18 D.C. Official Code).


19 (b) Appropriations made by subsection (a) shall cease 20 to be available— 21 22 23 (1) during any period in which a District of Co- lumbia continuing resolution for fiscal year 2024 is in effect; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

666 (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 pro- vided 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 provi- sion of law (other than an authorization of appropria- tions)— (1) makes an appropriation, makes funds avail- able, 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 ac- tivity to continue for such period.
(f) Nothing in this section shall be construed to affect obligations of the government of the District of Columbia 25 mandated by other law.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

667 SEC.

817.

(a) Section 244 of the Revised Statutes of the United States relating to the District of Columbia (sec.
9–1201.03, D.C. Official Code) does not apply with respect to any railroads installed pursuant to the Long Bridge Project.
(b) In this section, the term ‘‘Long Bridge Project’’ means the project carried out by the District of Columbia and the Commonwealth of Virginia to construct a new Long Bridge adjacent to the existing Long Bridge over the Potomac River, including related infrastructure and other related projects, to expand commuter and regional passenger rail service and to provide bike and pedestrian access crossings over the Potomac River.

SEC.

818.
SEC.

818.

Not later than 45 days after the last day of each quarter, each Federal and District government agency appropriated Federal funds in this Act shall sub- mit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget re- port that includes total obligations of the Agency for that quarter for each Federal funds appropriation provided in this Act, by the source year of the appropriation.

SEC.

819.
SEC.

819.

(a)(1) Section 11–2604(a), District of Co- lumbia Official Code, is amended by striking ‘‘at a fixed rate of $90 per hour’’ and inserting ‘‘an hourly rate not December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

668 to exceed the rate payable under section 3006A(d)(1) of title 18, United States Code’’.
(2) The amendments made by this section shall apply with respect to cases and proceedings initiated on or after the date of the enactment of this Act.

(b)(1) Section 11–2605, District of Columbia Official Code, is amended in subsections (b) and (c) by striking ‘‘(or, in the case of investigative services, a fixed rate of $25 per hour)’’ each place it appears.
(2) The amendments made by this section shall apply with respect to investigative services provided in connec- tion with cases and proceedings initiated on or after the date of the enactment of this Act.

SEC.

820.

Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in this title or in title IV shall be treated as referring only to the provisions 17 of this title or of title IV.
18 19 This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
669 DIVISION F—DEPARTMENT OF HOME- LAND SECURITY APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENTAL MANAGEMENT, INTEL- LIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT OPERATIONS AND SUPPORT For necessary expenses of the Office of the Secretary and for executive management for operations and support, $336,746,000; of which $18,862,000 shall remain avail- able until September 30, 2024: Provided, That not to ex- ceed $30,000 shall be for official reception and representa- tion expenses: Provided further, That $5,000,000 shall be withheld from obligation until the Secretary submits, to the Committees on Appropriations of the Senate and the House of Representatives, responses to all questions for the record for each hearing on the fiscal year 2024 budget submission for the Department of Homeland Security held by such Committees prior to July 1.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Office of the Secretary and for executive management for procurement, construc- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

670 tion, and improvements, $8,048,000, to remain available until September 30, 2025.
FEDERAL ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Office of the Secretary and for executive management for Federal assistance through grants, contracts, cooperative agreements, and other activities, $40,000,000, which shall be transferred to ‘‘Federal Emergency Management Agency—Federal Assistance’’, of which $20,000,000 shall be for targeted violence and terrorism prevention grants and of which $20,000,000, to remain available until September 30, 2024, shall be for the Alternatives to Detention Case Man- agement pilot program.
MANAGEMENT DIRECTORATE OPERATIONS AND SUPPORT For necessary expenses of the Management Direc- torate for operations and support, including vehicle fleet modernization, $1,743,160,000: Provided, That not to ex- ceed $2,000 shall be for official reception and representa- 21 tion expenses.
22 23 24 25 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Management Direc- torate for procurement, construction, and improvements, $325,245,000, of which $137,245,000 shall remain avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

671 able until September 30, 2025, and of which $188,000,000 shall remain available until September 30, 2027.
FEDERAL PROTECTIVE SERVICE The revenues and collections of security fees credited to this account shall be available until expended for nec- essary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service.
INTELLIGENCE, ANALYSIS, AND SITUATIONAL AWARENESS OPERATIONS AND SUPPORT For necessary expenses of the Office of Intelligence and Analysis and the Office of Homeland Security Situa- tional Awareness for operations and support, $316,640,000, of which $95,273,000 shall remain avail- able until September 30, 2024: Provided, That not to ex- ceed $3,825 shall be for official reception and representa- tion expenses and not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings.
OFFICE OF THE INSPECTOR GENERAL OPERATIONS AND SUPPORT For necessary expenses of the Office of the Inspector General for operations and support, $214,879,000: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

672 vided, That not to exceed $300,000 may be used for cer- tain confidential operational expenses, including the pay- ment of informants, to be expended at the direction of the Inspector General.

ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) SEC.

101.
101.

(a) The Secretary of Homeland Security shall submit a report not later than October 15, 2023, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2022 or 2023.
(b) The Inspector General shall review the report re- quired by subsection (a) to assess departmental compli- ance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later 18 than February 15, 2024.

19 SEC.

102.
SEC.

102.

Not later than 30 days after the last day of each month, the Chief Financial Officer of the Depart- ment of Homeland Security shall submit to the Commit- tees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
673 program, project, and activity levels, by the source year of the appropriation.

SEC.

103.

The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to success- ful acquisition outcomes, which shall be specified in terms of cost, schedule, and performance.

SEC.

104.
SEC.

104.

(a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed trans- fers of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the De- partment of Homeland Security.
(b) None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives are noti- 19 fied of the proposed transfer.

20 21 22 23 24 SEC.

105.

All official costs associated with the use of Government aircraft by Department of Homeland Secu- rity personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

674 SEC.

106.
674 SEC.

106.

(a) The Under Secretary for Management shall brief the Committees on Appropriations of the Sen- ate and the House of Representatives not later than 45 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs on the Master Acquisi- tion Oversight list between Acquisition Decision Event and Full Operational Capability, including programs that have been removed from such list during the preceding quarter.
(b) For each such program, the briefing described in 10 subsection (a) shall include— (1) a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition; (2) the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline; (3) the Acquisition Review Board status, in- cluding— (A) the current acquisition phase by incre- ment, as applicable; (B) the date of the most recent review; and (C) whether the program has been paused or is in breach status; (4) a comparison between the initial Depart- ment-approved acquisition program baseline cost, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
675 schedule, and performance thresholds and objectives and the program’s current such thresholds and ob- jectives, if applicable; (5) the lifecycle cost estimate, adjusted for com- parison to the Future Years Homeland Security Program, including— (A) the confidence level for the estimate; (B) the fiscal years included in the esti- mate; (C) a breakout of the estimate for the prior five years, the current year, and the budg- et year; (D) a breakout of the estimate by appro- priation account or other funding source; and (E) a description of and rationale for any changes to the estimate as compared to the pre- viously approved baseline, as applicable, and during the prior fiscal year; (6) a summary of the findings of any inde- pendent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed; (7) a table displaying the obligation of all pro- gram funds by prior fiscal year, the estimated obli- gation of funds for the current fiscal year, and an December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
676 estimate for the planned carryover of funds into the subsequent fiscal year; (8) a listing of prime contractors and major subcontractors; and (9) narrative descriptions of risks to cost, schedule, or performance that could result in a pro- gram breach if not successfully mitigated.
(c) The Under Secretary for Management shall sub- mit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Represent- atives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary.

SEC.

107.
SEC.

107.

(a) None of the funds made available to the Department of Homeland Security in this Act or prior appropriations Acts may be obligated for any new pilot or demonstration unless the component or office carrying out such pilot or demonstration has documented the infor- mation described in subsection (c).
(b) Prior to the obligation of any such funds made available for ‘‘Operations and Support’’ for a new pilot or demonstration, the Under Secretary for Management shall provide a report to the Committees on Appropria- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

677 tions of the Senate and the House of Representatives on the information described in subsection (c).
(c) The information required under subsections (a) and (b) for a pilot or demonstration shall include the fol- lowing— (1) documented objectives that are well-defined and measurable; (2) an assessment methodology that details— (A) the type and source of assessment data; (B) the methods for, and frequency of, col- lecting such data; and (C) how such data will be analyzed; and (3) an implementation plan, including mile- stones, cost estimates, and implementation sched- ules, including a projected end date.
(d) Not later than 90 days after the date of comple- tion of a pilot or demonstration described in subsection (e) the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives detailing lessons learned, actual costs, any planned expansion or continu- ation of the pilot or demonstration, and any planned tran- sition of such pilot or demonstration into an enduring pro- gram or operation.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
678 (e) For the purposes of this section, a pilot or dem- onstration program is a study, demonstration, experi- mental program, or trial that— (1) is a small-scale, short-term experiment con- ducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the de- sign of an effort prior to implementation of a larger scale effort; and (2) uses more than 10 full-time equivalents or obligates, or proposes to obligate, $5,000,000 or more, but does not include congressionally directed programs or enhancements and does not include pro- grams that were in operation as of March 15, 2022.
(f) For the purposes of this section, a pilot or dem- onstration does not include any testing, evaluation, or ini- tial deployment phase executed under a procurement con- tract for the acquisition of information technology services or systems, or any pilot or demonstration carried out by a non-federal recipient under any financial assistance agreement funded by the Department.

SEC.

108.
SEC.

108.

Of the amount made available by section 4005 of the American Rescue Plan Act of 2021 (Public Law 117–2), $14,000,000 shall be transferred to ‘‘Office of Inspector General—Operations and Support’’ for over- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

sight of the use of funds made available under such section 679 4005.
1 2 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
680 TITLE II SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. CUSTOMS AND BORDER PROTECTION OPERATIONS AND SUPPORT (INCLUDING TRANSFER OF FUNDS) For necessary expenses of U.S. Customs and Border Protection for operations and support, including the trans- portation of unaccompanied alien minors; the provision of air and marine support to Federal, State, local, and inter- national agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other law enforcement and emergency humani- tarian efforts; the purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; the pur- chase, maintenance, or operation of marine vessels, air- craft, and unmanned aerial systems; and contracting with individuals for personal services abroad; $15,590,694,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses re- lated to the collection of the Harbor Maintenance Fee pur- suant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

681 tion 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C.
551(e)(1)); of which $500,000,000 shall be avail- able until September 30, 2024; and of which such sums as become available in the Customs User Fee Account, ex- cept sums subject to section 13031(f)(3) of the Consoli- dated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Pro- vided, That not to exceed $34,425 shall be for official re- ception and representation expenses: Provided further, That not to exceed $150,000 shall be available for pay- ment for rental space in connection with preclearance op- erations: Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That $800,000,000 shall be transferred to ‘‘Federal Emergency Management Agency—Federal Assistance’’ to support sheltering and related activities provided by non-Federal entities, including facility improvements and construction, in support of relieving overcrowding in short-term holding facilities of U.S. Customs and Border Protection, of which not to exceed $11,200,000 shall be for the administrative costs of the Federal Emergency Management Agency: Pro- vided further, That not to exceed $5,000,000 may be transferred to the Bureau of Indian Affairs for the main- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
682 tenance and repair of roads on Native American reserva- tions used by the U.S. Border Patrol: Provided further, That of the amounts made available under this heading for the Executive Leadership and Oversight program, project, and activity, as outlined in the explanatory state- ment described in section 4 (in the matter preceding divi- sion A of this consolidated Act), $5,000,000 shall not be available for obligation until the reports concerning human capital strategic plans and the Office of Field Operations workload staffing model that are directed in such explana- tory statement are submitted to the Committees on Appro- priations of the Senate and the House of Representatives.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Customs and Border Protection for procurement, construction, and improve- ments, including procurement of marine vessels, aircraft, and unmanned aerial systems, $581,558,000, of which $481,658,000 shall remain available until September 30, 2025; and of which $99,900,000 shall remain available 20 until September 30, 2027.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OPERATIONS AND SUPPORT For necessary expenses of U.S. Immigration and Customs Enforcement for operations and support, includ- ing the purchase and lease of up to 3,790 (2,350 for re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
683 placement only) police-type vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $8,396,305,000; of which not less than $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $46,696,000 shall re- main available until September 30, 2024; of which not less than $2,000,000 is for paid apprenticeships for partici- pants in the Human Exploitation Rescue Operative Child- Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; and of which not less than $4,181,786,000 shall be for enforcement, deten- tion, and removal operations, including transportation of unaccompanied alien minors: Provided, That not to exceed $11,475 shall be for official reception and representation 18 expenses: Provided further, That not to exceed $10,000,000 shall be available until expended for con- ducting special operations under section 3131 of the Cus- toms Enforcement Act of 1986 (19 U.S.C.
2081): Pro- vided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Home- land Security: Provided further, That not to exceed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
684 $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlaw- fully present in the United States: Provided further, That of the amounts made available under this heading for the Executive Leadership and Oversight program, project, and activity, as outlined in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act), $5,000,000 shall not be available for obligation until the reports directed under this heading in the explanatory statements accompanying Public Laws 116–6, 116–93, and 117–103 have been submitted to the Committees on Appropriations of the Senate and the 14 House of Representatives.
15 16 17 18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, $22,997,000, to remain available until Sep- 19 tember 30, 2025.
20 21 22 TRANSPORTATION SECURITY ADMINISTRATION OPERATIONS AND SUPPORT For necessary expenses of the Transportation Secu- 23 rity Administration for operations and support, 24 25 $8,798,363,000, to remain available until September 30, 2024: Provided, That not to exceed $7,650 shall be for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
685 official reception and representation expenses: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further, That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2023 so as to result in a final fiscal year appropriation from 10 the general fund estimated at not more than 11 $6,308,363,000.
12 13 14 15 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Transportation Secu- rity Administration for procurement, construction, and improvements, $141,645,000, to remain available until 16 September 30, 2025.

17 18 19 20 RESEARCH AND DEVELOPMENT For necessary expenses of the Transportation Secu- rity Administration for research and development, $33,532,000, to remain available until September 30, 21 2024.
22 23 24 25 COAST GUARD OPERATIONS AND SUPPORT For necessary expenses of the Coast Guard for oper- ations and support including the Coast Guard Reserve; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
686 purchase or lease of not to exceed 25 passenger motor ve- hicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent require- ments (at a unit cost of not more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase, lease, or improvements of boats necessary for overseas deployments and activities; pay- ments pursuant to section 156 of Public Law 97–377 (42 U.S.C.
402 note; 96 Stat.

1920); and recreation and wel- fare; $9,700,478,000, of which $530,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $20,000,000 shall remain available until September 30, 2025; of which $24,359,000 shall remain available until September 30, 2027, for environmental compliance and restoration; and of which $70,000,000 shall remain avail- able until September 30, 2024, which shall only be avail- able for vessel depot level maintenance: Provided, That not to exceed $23,000 shall be for official reception and rep- 22 resentation expenses.
23 24 25 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Coast Guard for pro- curement, construction, and improvements, including aids December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
687 to navigation, shore facilities (including facilities at De- partment of Defense installations used by the Coast Guard), and vessels and aircraft, including equipment re- lated thereto, $1,669,650,000, to remain available until September 30, 2027; of which $20,000,000 shall be de- rived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.

2712(a)(5)).
2712(a)(5)).

RESEARCH AND DEVELOPMENT For necessary expenses of the Coast Guard for re- search and development; and for maintenance, rehabilita- tion, lease, and operation of facilities and equipment; $7,476,000, to remain available until September 30, 2025, of which $500,000 shall be derived from the Oil Spill Li- ability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)): Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authori- ties, private sources, and foreign countries for expenses incurred for research, development, testing, and evalua- 22 tion.

23 24 25 RETIRED PAY For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this pur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
688 pose, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for ca- reer status bonuses, payment of continuation pay under section 356 of title 37, United States Code, concurrent receipts, combat-related special compensation, and pay- ments for medical care of retired personnel and their de- pendents under chapter 55 of title 10, United States Code, $2,044,414,000, to remain available until expended.
UNITED STATES SECRET SERVICE OPERATIONS AND SUPPORT For necessary expenses of the United States Secret Service for operations and support, including purchase of not to exceed 652 vehicles for police-type use; hire of pas- senger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; rental of buildings in the District of Columbia; fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; conduct of and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence and operations; payment in advance for commercial ac- commodations as may be necessary to perform protective functions; and payment, without regard to section 5702 of title 5, United States Code, of subsistence expenses of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
689 employees who are on protective missions, whether at or away from their duty stations; $2,734,267,000; of which $52,296,000 shall remain available until September 30, 2024, and of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children; and of which up to $20,500,000 may be for cal- endar year 2022 premium pay in excess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a) of title 5, United States Code, pursuant to section 2 of the Overtime Pay for Protective Services Act of 2016 (5 U.S.C.
5547 note), as last amended by Public Law 116–269: Provided, That not to exceed $19,125 shall be for official reception and representation expenses: Provided further, That not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in criminal inves- tigations within the jurisdiction of the United States Se- 18 cret Service.
19 20 21 22 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the United States Secret Service for procurement, construction, and improvements, $83,888,000, to remain available until September 30, 23 2025.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

690 RESEARCH AND DEVELOPMENT For necessary expenses of the United States Secret Service for research and development, $4,025,000, to re- main available until September 30, 2024.
ADMINISTRATIVE PROVISIONS SEC.

201.

Section 201 of the Department of Home- land Security Appropriations Act, 2018 (division F of Public Law 115–141), related to overtime compensation limitations, shall apply with respect to funds made avail- able in this Act in the same manner as such section ap- plied to funds made available in that Act, except that ‘‘fis- cal year 2023’’ shall be substituted for ‘‘fiscal year 2018’’.

SEC.

202.

Funding made available under the head- ings ‘‘U.S.


Customs and Border Protection—Operations and Support’’ and ‘‘U.S.

Customs and Border Protec- tion—Procurement, Construction, and Improvements’’ shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by sections 740 and 1406i of title 48, United States Code.
22 23 24 25 SEC.

203.

As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Im- plementation Act (Public Law 112–42), fees collected from passengers arriving from Canada, Mexico, or an ad- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

691 jacent island pursuant to section 13031(a)(5) of the Con- solidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(5)) shall be available until expended.

SEC.

204.

(a) For an additional amount for ‘‘U.S.

Customs and Border Protection—Operations and Sup- port’’, $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2023 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act (8 U.S.C.

1356(i)), section 10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8311), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114– 125), or other such authorizing language.

(b) To the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended.

SEC.

205.
SEC.

205.

None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from im- porting a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
692 That this section shall apply only to individuals trans- porting on their person a personal-use quantity of the pre- scription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C.

802); or (2) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C.

262).

SEC.

206.
(a) Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Ap- propriations of the Senate and the House of Representa- tives, the Committee on Commerce, Science, and Trans- portation of the Senate, and the Committee on Transpor- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
693 tation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navi- gation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests.

SEC.

207.
SEC.

207.

(a) Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee.
(b) In this section, the term ‘‘border crossing fee’’ means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry.

SEC.

208.

(a) Not later than 90 days after the date of enactment of this Act, the Commissioner of U.S. Cus- toms and Border Protection shall submit an expenditure plan for any amounts made available for ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and Improvements’’ in this Act and prior Acts to the Commit- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

694 tees on Appropriations of the Senate and the House of Representatives.

(b) No such amounts provided in this Act may be obligated prior to the submission of such plan.

SEC.

209.
SEC.

209.

Section 211 of the Department of Home- land Security Appropriations Act, 2021 (division F of Public Law 116–260), prohibiting the use of funds for the construction of fencing in certain areas, shall apply with respect to funds made available in this Act in the same 10 manner as such section applied to funds made available 11 in that Act.

12 SEC.

210.
210.

(a) Funds made available in this Act may be used to alter operations within the National Targeting Center of U.S. Customs and Border Protection.
(b) None of the funds provided by this Act, provided by previous appropriations Acts that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the compo- nents funded by this Act, may be used to reduce antici- pated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act.

SEC.

211.
SEC.

211.

(a) Of the amounts transferred from ‘‘U.S.

Customs and Border Protection—Operations and Sup- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

695 port’’ to ‘‘Federal Emergency Management Agency—Fed- eral Assistance’’ in this Act, up to $785,000,000 may be made available for the emergency food and shelter pro- gram under title II of the McKinney Vento Homeless As- sistance Act (42 U.S.C.
11331) for the purposes of pro- viding shelter and other services to families and individ- uals encountered by the Department of Homeland Secu- rity.

(b) Notwithstanding sections 313(a) and 316 of such Act, up to $50,000,000 of any amounts made available to the emergency food and shelter program under sub- section (a) may be used for the construction and expansion of shelter facilities.
14 15 16 17 (c) Notwithstanding section 311 of such Act, funds made available for the purposes described in subsection (b) may be awarded to the Emergency Food and Shelter Program National Board up to 6 months after the date 18 of enactment of this Act.

19 20 21 22 (d) Notwithstanding sections 315 and 316(b) of such Act, funds made available under subsection (b) may be disbursed by the Emergency Food and Shelter Program National Board up to 24 months after the date on which 23 such funds become available.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

696 (e) Amounts made available under subsection (a) may be available for the reimbursement of costs incurred after June 30, 2022.

(f) The real property disposition requirements at 2 CFR 200.311(c) shall not apply to grants funded by the amounts transferred from ‘‘U.S.

Customs and Border Protection—Operations and Support’’ to ‘‘Federal Emer- gency Management Agency—Federal Assistance’’ in this Act.

SEC.

212.
SEC.

212.

Of the total amount made available under ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and Improvements’’, $581,558,000 shall be available only as follows: (1) $230,277,000 for the acquisition and de- ployment of border security technologies; (2) $126,047,000 for trade and travel assets and infrastructure; (3) $99,900,000 for facility construction and improvements; (4) $92,661,000 for integrated operations as- sets and infrastructure; and (5) $32,673,000 for mission support and infra- structure.
SEC.

213.

None of the funds provided under the heading ‘‘U.S.

Immigration and Customs Enforcement— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

697 Operations and Support’’ may be used to continue a dele- gation of law enforcement authority authorized under sec- tion 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General determines that the terms of the agree- ment governing the delegation of authority have been ma- terially violated.

SEC.

214.

(a) None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement— Operations and Support’’ may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than ‘‘adequate’’ or the equivalent median score in any subsequent performance 15 evaluation system.
16 17 18 (b) The performance evaluations referenced in sub- section (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Respon- 19 sibility.

20 21 22 23 24 SEC.

215.

Without regard to the limitation as to time and condition of section 503(d) of this Act, the Secretary may reprogram within and transfer funds to ‘‘U.S.

Immi- gration and Customs Enforcement—Operations and Sup- port’’ as necessary to ensure the detention of aliens 25 prioritized for removal.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

698 SEC.

216.

The reports required to be submitted under section 216 of the Department of Homeland Security Ap- propriations Act, 2021 (division F of Public Law 116– 260) shall continue to be submitted semimonthly and each matter required to be included in such reports by such section 216 shall apply in the same manner and to the same extent during the period described in such section 216.

SEC.

217.
SEC.

217.

The terms and conditions of sections 216 and 217 of the Department of Homeland Security Appro- priations Act, 2020 (division D of Public Law 116–93) shall apply to this Act.

13 SEC.

218.
Members of the United States House of Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commis- sions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney Gen- eral, Deputy Attorney General, Assistant Attorneys Gen- eral, and the United States Attorneys; and senior mem- bers of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage 24 screening.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

699 SEC.

219.

Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on risk, the airport’s current reliance on other screening solutions, lobby congestion resulting in in- creased security concerns, high injury rates, airport readi- ness, and increased cost effectiveness.

SEC.

220.
SEC.

220.

Notwithstanding section 44923 of title 49, United States Code, for fiscal year 2023, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detec- tion systems or for the issuance of other transaction agree- ments for the purpose of funding projects described in sec- 14 tion 44923(a) of such title.

15 SEC.

221.
Not later than 45 days after the submis- sion of the President’s budget proposal, the Administrator of the Transportation Security Administration shall sub- mit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Com- mittees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills the 22 following requirements: 23 24 25 (1) a Capital Investment Plan, both constrained and unconstrained, that includes a plan for contin- uous and sustained capital investment in new, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
700 the replacement of aged, transportation security equipment; (2) the 5-year technology investment plan as re- quired by section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113–245); and (3) the Advanced Integrated Passenger Screen- ing Technologies report as required by the Senate Report accompanying the Department of Homeland Security Appropriations Act, 2019 (Senate Report 115–283).

SEC.

222.
SEC.

222.

Section 225 of division A of Public Law 116–6 (49 U.S.C.

44901 note), relating to a pilot program for screening outside of an existing primary passenger ter- minal screening area, is amended in subsection (e) by striking ‘‘2023’’ and inserting ‘‘2025’’.

SEC.

223.
SEC.

223.

(a) None of the funds made available by this Act under the heading ‘‘Coast Guard—Operations and Support’’ shall be for expenses incurred for rec- reational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading ‘‘Coast Guard— Operations and Support’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
701 (b) To the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform docu- mentation under section 12114.

SEC.

224.
SEC.

224.

Without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, in accordance with the notification requirement de- scribed in subsection (b) of such section, up to the fol- lowing amounts may be reprogrammed within ‘‘Coast Guard—Operations and Support’’— (1) $10,000,000 to or from the ‘‘Military Per- sonnel’’ funding category; and (2) $10,000,000 between the ‘‘Field Oper- ations’’ funding subcategories.

SEC.

225.
225.

Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives a future-years capital invest- ment plan as described in the second proviso under the heading ‘‘Coast Guard—Acquisition, Construction, and Improvements’’ in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114–4), which shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
702 be subject to the requirements in the third and fourth pro- visos under such heading.

SEC.

226.

Of the funds made available for defense- related activities under the heading ‘‘Coast Guard—Oper- ations and Support’’, up to $190,000,000 that are used for enduring overseas missions in support of the global fight against terrorism may be reallocated by program, project, and activity, notwithstanding section 503 of this Act.

SEC.

227.
SEC.

227.

None of the funds in this Act shall be used to reduce the Coast Guard’s legacy Operations Systems Center mission or its government-employed or contract staff levels.

14 SEC.

228.
SEC.

228.

None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.

SEC.

229.
SEC.

229.

Funds made available in this Act may be used to alter operations within the Civil Engineering Pro- gram of the Coast Guard nationwide, including civil engi- neering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
703 civil engineering unit unless specifically authorized by a statute enacted after the date of enactment of this Act.

SEC.

230.

Amounts deposited into the Coast Guard Housing Fund in fiscal year 2023 shall be available until expended to carry out the purposes of section 2946 of title 14, United States Code, and shall be in addition to funds otherwise available for such purposes.

SEC.

231.
SEC.

231.

(a) Notwithstanding section 2110 of title 46, United States Code, none of the funds made available in this Act shall be used to charge a fee for an inspection of a towing vessel, as defined in 46 CFR 136.110, that utilizes the Towing Safety Management System option for a Certificate of Inspection issued under subchapter M of title 46, Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and, as necessary based on such determination, carries out the re- quirements of section 815(b) of such Act.

SEC.

232.
SEC.

232.

The United States Secret Service is au- thorized to obligate funds in anticipation of reimburse- ments from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Cen- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
704 ter, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading ‘‘United States Secret Service—Oper- ations and Support’’ at the end of the fiscal year.

SEC.

233.

(a) None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protec- tion of the head of a Federal agency other than the Sec- retary of Homeland Security.
(b) The Director of the United States Secret Service may enter into agreements to provide such protection on 12 a fully reimbursable basis.

13 SEC.

234.

For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within ‘‘United States Secret Service—Operations and Support’’.

SEC.

235.
Funding made available in this Act for ‘‘United States Secret Service—Operations and Support’’ is available for travel of United States Secret Service em- ployees on protective missions without regard to the limi- tations on such expenditures in this or any other Act if the Director of the United States Secret Service or a des- ignee notifies the Committees on Appropriations of the Senate and the House of Representatives 10 or more days in advance, or as early as practicable, prior to such ex- 25 penditures.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

705 SEC.

236.
Of the amounts made available by this Act under the heading ‘‘United States Secret Service—Oper- ations and Support’’, $23,000,000, to remain available until expended, shall be distributed as a grant or coopera- tive agreement for existing National Computer Forensics Institute facilities currently used by the United States Se- cret Service to carry out activities under section 383 of title 6, United States Code, of which not to exceed 5 per- cent, or the applicable negotiated rate, shall be for the ad- ministrative costs of the Department of Homeland Secu- rity in carrying out this section.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
706 TITLE III PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY OPERATIONS AND SUPPORT For necessary expenses of the Cybersecurity and In- frastructure Security Agency for operations and support, $2,350,559,000, of which $36,293,000 shall remain avail- able until September 30, 2024: Provided, That not to ex- ceed $5,500 shall be for official reception and representa- tion expenses.
13 14 15 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Cybersecurity and In- frastructure Security Agency for procurement, construc- 16 tion, and improvements, $549,148,000, of which 17 18 $522,048,000 shall remain available until September 30, 2025, and of which $27,100,000 shall remain available 19 until September 30, 2027.
20 21 22 23 RESEARCH AND DEVELOPMENT For necessary expenses of the Cybersecurity and In- frastructure Security Agency for research and develop- ment, $7,431,000, to remain available until September 30, 24 2024.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
707 FEDERAL EMERGENCY MANAGEMENT AGENCY OPERATIONS AND SUPPORT For necessary expenses of the Federal Emergency Management Agency for operations and support, $1,379,680,000: Provided, That not to exceed $2,250 shall be for official reception and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Emergency Management Agency for procurement, construction, and improvements, $207,730,000, of which $130,425,000 shall remain available until September 30, 2025, and of which $77,305,000 shall remain available until September 30, 2027.
14 15 16 17 FEDERAL ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For activities of the Federal Emergency Management Agency for Federal assistance through grants, contracts, 18 cooperative agreements, and other activities, $3,882,014,000, which shall be allocated as follows: (1) $520,000,000 for the State Homeland Secu- rity Grant Program under section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605), of which $90,000,000 shall be for Operation Stonegarden and $15,000,000 shall be for Tribal Homeland Security Grants under section 2005 of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

708 the Homeland Security Act of 2002 (6 U.S.C.


606): Provided, That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2023, the Com- monwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this para- graph in accordance with subsection (c)(1) of such section 2004.

(2) $615,000,000 for the Urban Area Security Initiative under section 2003 of the Homeland Secu- rity Act of 2002 (6 U.S.C.

604).
604).

(3) $305,000,000 for the Nonprofit Security Grant Program under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C.

604 and 605), of which $152,500,000 is for eligible recipients located in high-risk urban areas that receive funding under section 2003 of such Act and $152,500,000 is for eligible recipients that are located outside such areas: Provided, That eligible recipients are those described in section 2009(b) of such Act (6 U.S.C.
609a(b)) or are an otherwise eligible recipient at risk of a terrorist or other extremist attack.

(4) $105,000,000 for Public Transportation Se- curity Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

709 tions 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135, 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided, That such public transportation security assistance shall be provided directly to public trans- portation agencies.

(5) $100,000,000 for Port Security Grants in accordance with section 70107 of title 46, United States Code.
(6) $720,000,000, to remain available until September 30, 2024, of which $360,000,000 shall be for Assistance to Firefighter Grants and $360,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sec- tions 33 and 34 respectively of the Federal Fire Pre- vention and Control Act of 1974 (15 U.S.C.

2229 and 2229a).

(7) $355,000,000 for emergency management performance grants under the National Flood Insur- ance Act of 1968 (42 U.S.C.

4001 et seq.
4001 et seq.

), the Rob- ert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C.

5121), the Earthquake Haz- ards Reduction Act of 1977 (42 U.S.C.

7701), sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

710 tion 762 of title 6, United States Code, and Reorga- nization Plan No.

3 of 1978 (5 U.S.C.

App.).


(8) $312,750,000 for necessary expenses for Flood Hazard Mapping and Risk Analysis, in addi- tion to and to supplement any other sums appro- priated under the National Flood Insurance Fund, and such additional sums as may be provided by States or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C.

4101(f)(2)), to remain available until expended.


(9) $12,000,000 for Regional Catastrophic Pre- paredness Grants.

(10) $130,000,000 for the emergency food and shelter program under title III of the McKinney- Vento Homeless Assistance Act (42 U.S.C.

11331), to remain available until September 30, 2024: Pro- vided, That not to exceed 3.5 percent shall be for total administrative costs.

(11) $56,000,000 for the Next Generation Warning System.
(12) $335,145,000 for Community Project Funding and Congressionally Directed Spending grants, which shall be for the purposes, and the amounts, specified in the table entitled ‘‘Community December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
711 Project Funding/Congressionally Directed Spending’’ under this heading in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act), of which— (A) $86,140,285, in addition to amounts otherwise made available for such purpose, is for emergency operations center grants under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c); (B) $233,043,782, in addition to amounts otherwise made available for such purpose, is for pre-disaster mitigation grants under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5133(e), notwithstanding subsections (f), (g), and (l) of that section (42 U.S.C.

5133(f), (g), (l)); and (C) $15,960,933 is for management and administration costs of recipients.
(13) $316,119,000 to sustain current oper- ations for training, exercises, technical assistance, and other programs.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

712 DISASTER RELIEF FUND For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.
5121 et seq.

), $19,945,000,000, to remain available until expended, shall be for major disasters de- clared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.)

and is designated by the Congress as being for disaster relief pursuant to a concurrent resolution on the budget in the Senate and section 1(f) of H. Res.

1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance Act of 1968 (42 U.S.C.

4001 et seq.

), the Flood Disaster Protection Act of 1973 (42 U.S.C.

4001 et seq.

), the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112–141, 126 Stat.

916), and the Home- owner Flood Insurance Affordability Act of 2014 (Public Law 113–89; 128 Stat.
1020), $225,000,000, to remain available until September 30, 2024, which shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.

4015(d)); of which $18,500,000 shall be available for mis- sion support associated with flood management; and of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
713 which $206,500,000 shall be available for flood plain man- agement and flood mapping: Provided, That any addi- tional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)) shall be credited as offsetting collections to this account, to be available for flood plain management and flood mapping: Provided further, That in fiscal year 2023, no funds shall be available from the National Flood Insur- ance Fund under section 1310 of the National Flood In- surance Act of 1968 (42 U.S.C.
4017) in excess of— (1) $223,770,000 for operating expenses and salaries and expenses associated with flood insurance operations; (2) $960,647,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $175,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c), notwithstanding sections 1366(e) and 1310(a)(7) of such Act (42 U.S.C.

4104c(e), 4017): Provided further, That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 (42 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

714 U.S.C.

4012a) and section 1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be de- posited in the National Flood Insurance Fund to supple- ment other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwith- standing section 102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, and paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)–(3)): Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation: Provided further, That up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C.

4033).

ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) SEC.

301.
Funds made available under the heading ‘‘Cybersecurity and Infrastructure Security Agency—Op- erations and Support’’ may be made available for the nec- essary expenses of procuring or providing access to cyber- security threat feeds for branches, agencies, independent agencies, corporations, establishments, and instrumental- ities of the Federal Government of the United States, state, local, tribal, and territorial entities, fusion centers as described in section 210A of the Homeland Security December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
Act (6 U.S.C.

124h), and Information and Analysis Orga- 715 nizations.

SEC.

302.
(a) The Director of the Cybersecurity and Infrastructure Security Agency (or the Director’s des- ignee) shall provide the briefings to the Committees on Appropriations of the Senate and the House of Represent- atives described under the heading ‘‘Quarterly Budget and Staffing Briefings’’ in the explanatory statement for divi- sion F of Public Law 117–103 described in section 4 in the matter preceding division A of such Public Law— (1) with respect to the first quarter of fiscal year 2023, not later than the later of 30 days after the date of enactment of this Act or January 30, 2023; and (2) with respect to each subsequent fiscal quar- ter in fiscal year 2023, not later than 21 days after the end of each such quarter.
(b) In the event that any such briefing required dur- ing this fiscal year under subsection (a) is not provided, the amount made available in title III to the Cybersecurity and Infrastructure Security Agency under the heading ‘‘Operations and Support’’ shall be reduced by $50,000 for each day of noncompliance with subsection (a), and the amount made available under such heading and speci- fied in the detailed funding table in the explanatory state- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
716 ment for this division described in section 4 (in the matter preceding division A of this consolidated Act) for Manage- ment and Business Activities shall be correspondingly re- duced by an equivalent amount.

SEC.

303.

(a) Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)(12)) or any other provision of law, not more than 5 percent of the amount of a grant made available in para- graphs (1) through (5) under ‘‘Federal Emergency Man- agement Agency—Federal Assistance’’, may be used by the recipient for expenses directly related to administra- 12 tion of the grant.

13 14 (b) The authority provided in subsection (a) shall also apply to a state recipient for the administration of a grant 15 under such paragraph (3).

16 SEC.

304.
SEC.

304.

Notwithstanding section 2004(e)(1) of the Homeland Security Act of 2002 (6 U.S.C.

605(e)(1)), the meaning of ‘‘total funds appropriated for grants under this section and section 2003’’ in each place that it ap- pears shall not include any funds provided for the Non- profit Security Grant Program in paragraph (3) under the heading ‘‘Federal Emergency Management Agency—Fed- 23 eral Assistance’’ in this Act.

24 25 SEC.

305.
24 25 SEC.

305.

Applications for grants under the heading ‘‘Federal Emergency Management Agency—Federal As- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
717 sistance’’, for paragraphs (1) through (5), shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application.

SEC.

306.
SEC.

306.

(a) Under the heading ‘‘Federal Emer- gency Management Agency—Federal Assistance’’, for grants under paragraphs (1) through (5) and (9), the Ad- ministrator of the Federal Emergency Management Agen- cy shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of 15 making an award.
16 17 18 19 (b) If any such public announcement is made before 5 full business days have elapsed following such briefing, $1,000,000 of amounts appropriated by this Act for ‘‘Fed- eral Emergency Management Agency—Operations and 20 Support’’ shall be rescinded.

21 22 23 24 SEC.

307.


Under the heading ‘‘Federal Emergency Management Agency—Federal Assistance’’, for grants under paragraphs (1) and (2), the installation of commu- nications towers is not considered construction of a build- 25 ing or other physical facility.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

718 SEC.

308.
The reporting requirements in paragraphs (1) and (2) under the heading ‘‘Federal Emergency Man- agement Agency—Disaster Relief Fund’’ in the Depart- ment of Homeland Security Appropriations Act, 2015 (Public Law 114–4), related to reporting on the Disaster Relief Fund, shall be applied in fiscal year 2023 with re- spect to budget year 2024 and current fiscal year 2023, respectively— (1) in paragraph (1) by substituting ‘‘fiscal year 2024’’ for ‘‘fiscal year 2016’’; and (2) in paragraph (2) by inserting ‘‘business’’ after ‘‘fifth’’.
SEC.

309.

In making grants under the heading ‘‘Fed- eral Emergency Management Agency—Federal Assist- ance’’, for Staffing for Adequate Fire and Emergency Re- sponse grants, the Administrator of the Federal Emer- gency Management Agency may grant waivers from the 18 requirements in subsections (a)(1)(A), (a)(1)(B), 19 20 (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 (15 21 U.S.C.

2229a).

22 23 24 25 SEC.

310.


(a) The aggregate charges assessed during fiscal year 2023, as authorized in title III of the Depart- ments of Veterans Affairs and Housing and Urban Devel- opment, and Independent Agencies Appropriations Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

719 1999 (42 U.S.C.
719 1999 (42 U.S.C.

5196e), shall not be less than 100 per- cent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological Emergency Preparedness Program for the next fiscal year.

(b) The methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency Preparedness Program account as offsetting collections and will become available for authorized pur- poses on October 1, 2023, and remain available until ex- 13 pended.

14 SEC.

311.
SEC.

311.

In making grants under the heading ‘‘Fed- eral Emergency Management Agency—Federal Assist- ance’’, for Assistance to Firefighter Grants, the Adminis- trator of the Federal Emergency Management Agency may waive subsection (k) of section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2229).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

720 TITLE IV RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S.
CITIZENSHIP AND IMMIGRATION SERVICES OPERATIONS AND SUPPORT For necessary expenses of U.S.

Citizenship and Im- migration Services for operations and support, including for the E-Verify Program and for the Refugee and Inter- national Operations Programs, $242,981,000: Provided, That such amounts shall be in addition to any other amounts made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)): Provided further, That not to exceed $5,000 shall be for official reception and representation expenses.

17 FEDERAL ASSISTANCE For necessary expenses of U.S.

Citizenship and Im- migration Services for Federal assistance for the Citizen- ship and Integration Grant Program, $25,000,000, to re- main available until September 30, 2024.
FEDERAL LAW ENFORCEMENT TRAINING CENTERS OPERATIONS AND SUPPORT For necessary expenses of the Federal Law Enforce- ment Training Centers for operations and support, includ- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
721 ing the purchase of not to exceed 117 vehicles for police- type use and hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, $354,552,000, of which $66,665,000 shall remain available until September 30, 2024: Provided, That not to exceed $7,180 shall be for official reception and rep- resentation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Law Enforce- ment Training Centers for procurement, construction, and improvements, $51,995,000, to remain available until Sep- tember 30, 2027, for acquisition of necessary additional real property and facilities, construction and ongoing maintenance, facility improvements and related expenses of the Federal Law Enforcement Training Centers.
SCIENCE AND TECHNOLOGY DIRECTORATE OPERATIONS AND SUPPORT For necessary expenses of the Science and Tech- nology Directorate for operations and support, including the purchase or lease of not to exceed 5 vehicles, $384,107,000, of which $219,897,000 shall remain avail- able until September 30, 2024: Provided, That not to ex- ceed $10,000 shall be for official reception and representa- 24 tion expenses.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
722 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Science and Tech- nology Directorate for procurement, construction, and im- provements, $55,216,000, to remain available until Sep- tember 30, 2027.

RESEARCH AND DEVELOPMENT For necessary expenses of the Science and Tech- nology Directorate for research and development, $461,218,000, to remain available until September 30, 10 2025.
COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE OPERATIONS AND SUPPORT For necessary expenses of the Countering Weapons of Mass Destruction Office for operations and support, $151,970,000, of which $50,446,000 shall remain avail- able until September 30, 2024: Provided, That not to ex- ceed $2,250 shall be for official reception and representa- 18 tion expenses.
19 20 21 22 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Countering Weapons of Mass Destruction Office for procurement, construction, and improvements, $75,204,000, to remain available until 23 September 30, 2025.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
723 RESEARCH AND DEVELOPMENT For necessary expenses of the Countering Weapons of Mass Destruction Office for research and development, $64,615,000, to remain available until September 30, 2025.

FEDERAL ASSISTANCE For necessary expenses of the Countering Weapons of Mass Destruction Office for Federal assistance through grants, contracts, cooperative agreements, and other ac- tivities, $139,183,000, to remain available until Sep- 11 tember 30, 2025.
ADMINISTRATIVE PROVISIONS SEC.

401.

(a) Notwithstanding any other provision of law, funds otherwise made available to U.S.

Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Serv- ices does not provide vehicles for lease.

(b) The Director of U.S.


Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the em- ployees’ residences and places of employment.

SEC.

402.

None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for serv- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
724 ices provided by employees (including employees serving on a temporary or term basis) of U.S.

Citizenship and Im- migration Services of the Department of Homeland Secu- rity who are known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

SEC.

403.

Notwithstanding any other provision of law, any Federal funds made available to U.S.
Citizenship and Immigration Services may be used for the collection and use of biometrics taken at a U.S.

Citizenship and Im- migration Services Application Support Center that is overseen virtually by U.S.

Citizenship and Immigration Services personnel using appropriate technology.

SEC.

404.

The Director of the Federal Law Enforce- ment Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation.

SEC.

405.
SEC.

405.

The Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal ac- creditation experts involved in law enforcement training, shall lead the Federal law enforcement training accredita- tion process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

725 SEC.

406.

(a) The Director of the Federal Law En- forcement Training Centers may accept transfers to its ‘‘Procurement, Construction, and Improvements’’ account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act (31 U.S.C.

1535(b)).
1535(b)).

(b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities.

SEC.

407.

The functions of the Federal Law Enforce- ment Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C.

501 14 note).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
726 TITLE V GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) SEC.

501.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC.

502.
SEC.

502.

Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropria- tions provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be ac- counted for as one fund for the same time period as origi- nally enacted.

15 SEC.

503.
(a) None of the funds provided by this Act, provided by previous appropriations Acts to the compo- nents in or transferred to the Department of Homeland Security that remain available for obligation or expendi- ture in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collec- tion of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates or eliminates a program, project, or activity, or increases funds for any program, project, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
727 or activity for which funds have been denied or re- stricted by the Congress; (2) contracts out any function or activity pres- ently performed by Federal employees or any new function or activity proposed to be performed by Federal employees in the President’s budget pro- posal for fiscal year 2023 for the Department of Homeland Security; (3) augments funding for existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more; or (5) results from any general savings from a re- duction in personnel that would result in a change in funding levels for programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Rep- resentatives are notified at least 15 days in advance of such reprogramming.

23 24 25 (c) Up to 5 percent of any appropriation made avail- able for the current fiscal year for the Department of Homeland Security by this Act or provided by previous December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
728 appropriations Acts may be transferred between such ap- propriations if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such transfer, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such trans- fer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred be- tween appropriations based upon an initial notification provided after June 30, except in extraordinary cir- cumstances that imminently threaten the safety of human life or the protection of property.
(e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated balances of funds provided in pre- vious Department of Homeland Security Appropriations Acts that remain available for obligation in the current year.

20 (f) Notwithstanding subsection (c), the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C.
1101 note, up to $20,000,000 from appro- priations available to the Department of Homeland Secu- rity: Provided, That the Secretary shall notify the Com- mittees on Appropriations of the Senate and the House December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

of Representatives at least 5 days in advance of such 729 transfer.

SEC.

504.
SEC.

504.

(a) Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31), related to the operations of a working capital fund, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act.

(b) Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Secu- rity.
SEC.

505.
505.

(a) Except as otherwise specifically pro- vided by law, not to exceed 50 percent of unobligated bal- ances remaining available at the end of fiscal year 2023, as recorded in the financial records at the time of a re- programming notification, but not later than June 30, 2024, from appropriations for ‘‘Operations and Support’’ for fiscal year 2023 in this Act shall remain available through September 30, 2024, in the account and for the purposes for which the appropriations were provided.
(b) Prior to the obligation of such funds, a notifica- tion shall be submitted to the Committees on Appropria- tions of the Senate and the House of Representatives in accordance with section 503 of this Act.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

730 SEC.

506.
730 SEC.

506.

(a) Funds made available by this Act for intelligence activities are deemed to be specifically author- ized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C.

414) during fis- cal year 2023 until the enactment of an Act authorizing intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made avail- able for ‘‘Intelligence, Analysis, and Situational Aware- ness—Operations and Support’’ that exceed the amounts in such authorization for such account shall be transferred to and merged with amounts made available under the heading ‘‘Management Directorate—Operations and Sup- 13 port’’.
14 15 16 17 (c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees on Appropriations of the Senate and the House of Representatives on a plan for the use of such 18 funds.

19 20 21 22 SEC.

507.


(a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Commit- tees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance 23 of— 24 25 (1) making or awarding a grant allocation or grant in excess of $1,000,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
731 (2) making or awarding a contract, other trans- action agreement, or task or delivery order on a De- partment of Homeland Security multiple award con- tract, or to issue a letter of intent totaling in excess of $4,000,000; (3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Home- land Security funds; (4) making a sole-source grant award; or (5) announcing publicly the intention to make or award items under paragraph (1), (2), (3), or (4), including a contract covered by the Federal Acquisi- tion Regulation.
(b) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued.
(c) A notification under this section— (1) may not involve funds that are not available for obligation; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

732 (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn.

SEC.

508.
Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any ad- ditional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without advance notification to the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommo- dated in existing Centers’ facilities.
SEC.

509.

None of the funds appropriated or other- wise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development 23 of a proposed prospectus.

24 25 SEC.

510.
24 25 SEC.

510.

No Federal funds may be available to pay the salary of any employee serving as a contracting offi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

733 cer’s representative, or anyone acting in a similar capacity, who has not received contracting officer’s representative training.

SEC.

511.

Sections 522 and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161; 121 Stat.
2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act.

SEC.

512.

(a) None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act.

(b) For purposes of subsection (a), the term ‘‘Buy American Act’’ means chapter 83 of title 41, United States Code.

16 17 18 SEC.

513.
16 17 18 SEC.

513.

None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act 19 (8 U.S.C.

1448).

20 21 22 23 SEC.

514.

None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C.

452) unless explicitly authorized by the Congress.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
734 SEC.

515.

None of the funds made available in this Act may be used for planning, testing, piloting, or devel- oping a national identification card.

SEC.

516.

Any official that is required by this Act to report or to certify to the Committees on Appropria- tions of the Senate and the House of Representatives may not delegate such authority to perform that act unless spe- cifically authorized herein.

SEC.

517.
SEC.

517.

None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Fed- 13 eral Regulations.

14 15 16 SEC.

518.

None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act (8 17 U.S.C.

1324a(h)(3)).

18 SEC.

519.


Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or perform- ance that does not meet the basic requirements of a con- 24 tract.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
735 SEC.

520.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, territorial, or local law enforcement agency or any other entity car- rying out criminal investigations, prosecution, or adjudica- tion activities.

SEC.

521.
SEC.

521.

None of the funds appropriated or other- wise made available by this Act may be used by the De- partment of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code, or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.

SEC.
SEC.

522.

None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an indi- vidual if the Federal law enforcement officer knows or sus- pects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continu- ously monitor or control the firearm at all times.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

736 SEC.

523.
(a) None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference un- less the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Sen- ate and the House of Representatives within at least 10 10 days of that determination and the basis for that deter- 11 mination.
(b) For purposes of this section the term ‘‘inter- national conference’’ shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign govern- ments, international organizations, or nongovernmental 17 organizations.

18 (c) The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away from their permanent duty station within the United States shall not be counted for purposes of this section, and the prohibition contained in this sec- tion shall not apply to payments for the costs of attend- 25 ance for such employees.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

737 SEC.

524.
737 SEC.

524.

None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Secu- rity Event.

SEC.

525.
(a) None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any struc- tural pay reform or the introduction of any new position classification that will affect more than 100 full-time posi- tions or costs more than $5,000,000 in a single year be- fore the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time positions affected by such change; (2) funding required for such change for the current fiscal year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) for a structural pay reform, an analysis of compensation alternatives to such change that were considered by the Department.
(b) Subsection (a) shall not apply to such change if— (1) it was proposed in the President’s budget proposal for the fiscal year funded by this Act; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

738 (2) funds for such change have not been explic- itly denied or restricted in this Act.

SEC.

526.
SEC.

526.

(a) Any agency receiving funds made avail- able in this Act shall, subject to subsections (b) and (c), post on the public website of that agency any report re- quired to be submitted by the Committees on Appropria- tions of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if— (1) the public posting of the report com- promises homeland or national security; or (2) the report contains proprietary information.

(c) The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations of the Senate and the House of Representatives for not less than 45 days except 18 as otherwise specified in law.

19 SEC.

527.
SEC.

527.

(a) Funding provided in this Act for ‘‘Op- erations and Support’’ may be used for minor procure- ment, construction, and improvements.

(b) For purposes of subsection (a), ‘‘minor’’ refers to end items with a unit cost of $250,000 or less for per- sonal property, and $2,000,000 or less for real property.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

739 SEC.

528.
739 SEC.

528.

The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 (Public Law 115–141) regarding primary and secondary schooling of dependents shall continue in effect during fiscal year 2023.

SEC.

529.
(a) None of the funds appropriated or oth- erwise made available to the Department of Homeland Se- curity by this Act may be used to prevent any of the fol- lowing persons from entering, for the purpose of con- ducting oversight, any facility operated by or for the De- partment of Homeland Security used to detain or other- wise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated em- ployee, compared to what would be observed in the absence 16 of such modification: (1) A Member of Congress.
(2) An employee of the United States House of Representatives or the United States Senate des- ignated by such a Member for the purposes of this section.

(b) Nothing in this section may be construed to re- quire a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
740 (c) With respect to individuals described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a).

SEC.

530.
SEC.

530.

(a) For an additional amount for ‘‘Federal Emergency Management Agency—Federal Assistance’’, $3,000,000, to remain available until September 30, 2024, exclusively for providing reimbursement of extraordinary law enforcement or other emergency personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the United States Secret Serv- 13 ice.
(b) Subsections (b) through (f) of section 534 of the Department of Homeland Security Appropriations Act, 2018 (Public Law 115–141), shall be applied with respect to amounts made available by subsection (a) of this section by substituting ‘‘October 1, 2023’’ for ‘‘October 1, 2018’’ and ‘‘October 1, 2022’’ for ‘‘October 1, 2017’’.

SEC.

531.
SEC.

531.

(a) Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a woman in the custody of the De- partment of Homeland Security (including during trans- port, in a detention facility, or at an outside medical facil- ity) who is pregnant or in post-delivery recuperation.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
741 (b) Subsection (a) shall not apply with respect to a pregnant woman if— (1) an appropriate official of the Department of Homeland Security makes an individualized deter- mination that the woman— (A) is a serious flight risk, and such risk cannot be prevented by other means; or (B) poses an immediate and serious threat to harm herself or others that cannot be pre- vented by other means; or (2) a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the med- ical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b), only the safest and least restrictive re- straints, as determined by the appropriate medical profes- sional treating the woman, may be used.

In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be re- strained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy.
A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

742 SEC.

532.
742 SEC.

532.

(a) None of the funds made available by this Act may be used to destroy any document, recording, or other record pertaining to any— (1) death of, (2) potential sexual assault or abuse per- petrated against, or (3) allegation of abuse, criminal activity, or dis- ruption committed by an individual held in the custody of the Department of Homeland Security.
(b) The records referred to in subsection (a) shall be made available, in accordance with applicable laws and regulations, and Federal rules governing disclosure in liti- gation, to an individual who has been charged with a crime, been placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual.

SEC.

533.
SEC.

533.

Section 519 of division F of Public Law 114–113, regarding a prohibition on funding for any posi- tion designated as a Principal Federal Official, shall apply with respect to any Federal funds in the same manner as such section applied to funds made available in that 23 Act.

24 25 SEC.

534.

(a) Not later than 10 days after the date on which the budget of the President for a fiscal year is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
743 submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Manage- ment of Homeland Security shall submit to the Commit- tees on Appropriations of the Senate and the House of Representatives a report on the unfunded priorities, for the Department of Homeland Security and separately for each departmental component, for which discretionary funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such unfunded priority— (1) a summary description, including the objec- tives to be achieved if such priority is funded (whether in whole or in part); (2) the description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (3) account information, including the following (as applicable): (A) appropriation account; and (B) program, project, or activity name; and (4) the additional number of full-time or part- time positions to be funded as part of such priority.
(c) In this section, the term ‘‘unfunded priority’’, in the case of a fiscal year, means a requirement that— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
744 (1) is not funded in the budget referred to in subsection (a); (2) is necessary to fulfill a requirement associ- ated with an operational or contingency plan for the Department; and (3) would have been recommended for funding through the budget referred to in subsection (a) if— (A) additional resources had been available for the budget to fund the requirement; (B) the requirement has emerged since the budget was formulated; or (C) the requirement is necessary to sustain prior-year investments.

SEC.
SEC.

535.
(a) Not later than 10 days after a deter- mination is made by the President to evaluate and initiate protection under any authority for a former or retired Government official or employee, or for an individual who, during the duration of the directed protection, will become a former or retired Government official or employee (re- ferred to in this section as a ‘‘covered individual’’), the Secretary of Homeland Security shall submit a notifica- tion to congressional leadership and the Committees on Appropriations of the Senate and the House of Represent- atives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Home- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
745 land Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Rep- resentatives, and the Committee on Oversight and Reform of the House of Representatives (referred to in this section as the ‘‘appropriate congressional committees’’).
(b) Such notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bu- reau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the antici- pated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days before terminating, protection for a covered indi- vidual, the Secretary of Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to the congressional leadership and the appropriate congressional committees.
(d) Not later than 45 days after the date of enact- ment of this Act, and quarterly thereafter, the Secretary shall submit a report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary, detailing each covered individual, and the scope and associated cost of 24 protection.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

746 SEC.

536.
(a) None of the funds provided to the De- partment of Homeland Security in this or any prior Act may be used by an agency to submit an initial project pro- posal to the Technology Modernization Fund (as author- ized by section 1078 of subtitle G of title X of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91)) unless, concurrent with the submission of an initial project proposal to the Technology Moderniza- tion Board, the head of the agency— (1) notifies the Committees on Appropriations of the Senate and the House of Representatives of the proposed submission of the project proposal; (2) submits to the Committees on Appropria- tions a copy of the project proposal; and (3) provides a detailed analysis of how the pro- posed project funding would supplement or supplant funding requested as part of the Department’s most recent budget submission.
(b) None of the funds provided to the Department of Homeland Security by the Technology Modernization Fund shall be available for obligation until 15 days after a report on such funds has been transmitted to the Com- mittees on Appropriations of the Senate and the House of Representatives.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
747 (c) The report described in subsection (b) shall in- clude— (1) the full project proposal submitted to and approved by the Fund’s Technology Modernization Board; (2) the finalized interagency agreement between the Department and the Fund including the project’s deliverables and repayment terms, as appli- cable; (3) a detailed analysis of how the project will supplement or supplant existing funding available to the Department for similar activities; (4) a plan for how the Department will repay the Fund, including specific planned funding sources, as applicable; and (5) other information as determined by the Sec- retary.
SEC.

537.
Within 60 days of any budget submission for the Department of Homeland Security for fiscal year 2024 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate and the House of Representatives specific reductions in proposed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
748 discretionary budget authority commensurate with the revenues assumed in such proposals in the event that they are not enacted prior to October 1, 2023.

SEC.

538.

None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.

SEC.

539.
SEC.

539.

No Federal funds made available to the Department of Homeland Security may be used to enter into a procurement contract, memorandum of under- standing, or cooperative agreement with, or make a grant to, or provide a loan or guarantee to, any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) or any subsidiary of such entity.

SEC.

540.
SEC.

540.

Section 205 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C.

18 5135) is amended— (1) in subsection (d)— (A) in paragraph (2)— (i) by striking subparagraph (C); (ii) at the end of subparagraph (A), by adding ‘‘and’’; and (iii) at the end of subparagraph (B), by striking ‘‘; and’’ and inserting a period; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
749 (B) in paragraph (3)(D), by striking ‘‘local governments, insular areas, and Indian tribal governments’’ and inserting ‘‘local governments and Tribal governments’’; and (C) by striking paragraph (4); and (2) in subsection (m)— (A) by striking paragraph (3) and insert- ing the following: ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en- tity’ means a State or an Indian tribal government that has received a major disaster declaration pursu- ant to section 401.’’; (B) by striking paragraphs (5) and (10); (C) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), re- spectively; and (D) by redesignating paragraph (11) as paragraph (9).
SEC.

541.

For an additional amount for ‘‘Federal Emergency Management Agency—Federal Assistance’’, $3,000,000, to remain available until September 30, 2024, for an Emergency Operations Center grant under section 614 of the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C.
5196c), in addition to amounts otherwise available, for the project identified as December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
750 the ‘‘Vermilion Safe Room’’ in the table entitled ‘‘Home- land Incorporation of Community Project Funding Items/ Congressionally Directed Spending Items’’ under the heading ‘‘Federal Emergency Management Agency—Fed- eral Assistance’’ in the explanatory statement described in section 4 in the matter preceding division A of Public Law 117–103.

SEC.

542.
The contents in the ‘‘Senate’’ sub column of the ‘‘Requestor(s)’’ column for the project identified as the ‘‘Emergency Operations Center’’ for the recipient ‘‘Baker County Sheriff’s Office’’ in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ under the heading ‘‘Disclosure of Earmarks and Congressionally Directed Spending Items’’ in the ex- planatory statement described in section 4 in the matter preceding division A of Public Law 117–103 are deemed to be amended by striking ‘‘Wyden’’ and inserting 18 ‘‘Merkley, Wyden’’.
19 20 21 22 SEC.

543.

Subsection (c) of section 16005 of title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) shall be applied as if the language read as follows: ‘‘Subsection (a) shall apply 23 until September 30, 2023.’’.

24 25 SEC.

544.

None of the funds appropriated or other- wise made available in this or any other Act may be used December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
751 to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

SEC.

545.
SEC.

545.

(a) The Secretary of Homeland Security (in this section referred to as the ‘‘Secretary’’) shall, on a bimonthly basis beginning immediately after the date of enactment of this Act, develop estimates of the number of noncitizens anticipated to arrive at the southwest bor- 14 der of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates developed pursuant to subsection (a)— (1) cover the current fiscal year and the fol- lowing fiscal year; (2) include a breakout by demographics, to in- clude single adults, family units, and unaccompanied children; (3) undergo an independent validation and verification review; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
752 (4) are used to inform policy planning and budgeting processes within the Department of Homeland Security; and (5) are included in the budget materials sub- mitted to Congress in support of the President’s an- nual budget request pursuant to section 1105 of title 31, United States Code, for each fiscal year begin- ning after the date of enactment of this Act and, for such budget materials shall include— (A) the most recent bimonthly estimates developed pursuant to subsection (a); (B) a description and quantification of the estimates used to justify funding requests for Department programs related to border secu- rity, immigration enforcement, and immigration services; (C) a description and quantification of the anticipated workload and requirements result- ing from such estimates; and (D) a confirmation as to whether the budg- et requests for impacted agencies were devel- oped using the same estimates.
(c) The Secretary shall share the bimonthly estimates developed pursuant to subsection (a) with the Secretary of Health and Human Services, the Attorney General, the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

753 Secretary of State, and the Committees on Appropriations of the Senate and the House of Representatives.

SEC.

546.
SEC.

546.

(a) For an additional amount for the ac- counts, in the amounts, and for the purposes specified, in addition to amounts otherwise made available for such purposes— (1) ‘‘U.S.

Customs and Border Protection—Op- erations and Support’’, $1,563,143,000 for border management requirements of the U.S. Customs and Border Protection; and (2) ‘‘U.S.

Immigration and Customs Enforce- ment—Operations and Support’’, $339,658,000 for non-detention border management requirements.
(b) None of the funds provided in subsection (a)(1) shall be used— (1) to hire permanent Federal employees; (2) for any flight hours other than those flown by U.S. Customs and Border Protection, Air and Marine Operations, except for internal transpor- tation of noncitizens; or (3) to acquire, maintain, or extend border secu- rity technology and capabilities, except for tech- nology and capabilities to improve Border Patrol processing.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

754 (c) Not later than 45 days after the date of enact- ment of this Act, the Under Secretary for Management shall provide an expenditure plan for the use of the funds made available in subsection (a).
(d) The plan required in subsection (c) shall be up- dated to reflect changes and expenditures and submitted to the Committees on Appropriations of the Senate and the House of Representatives every 60 days until all funds are expended or expired.

SEC.

547.

Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C.

124n(i)) shall be applied by sub- stituting ‘‘September 30, 2023’’ for ‘‘the date that is 4 years after the date of enactment of this section’’.

(RESCISSIONS OF FUNDS) SEC.

548.
548.

Of the funds appropriated to the Depart- ment of Homeland Security, the following funds are here- by rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a con- current resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: (1) $139,928,000 from the unobligated bal- ances available under the heading ‘‘U.S.
Customs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

755 and Border Protection—Procurement, Construction, and Improvements’’.

(2) $12,207 from the unobligated balances available in the ‘‘Transportation Security Adminis- tration—Transportation Security Support’’ account (70 X 0554).

(3) $32,750,000 from the unobligated balances available in the ‘‘U.S.

Citizenship and Immigration Services—Operations and Support’’ account (70 22/ 23 0300).
(4) $187,278 from the unobligated balances available in the ‘‘U.S.

Citizenship and Immigration Services—Operations and Support’’ account (70 X 0300).

(5) $65,165 from the unobligated balances available in the ‘‘Federal Emergency Management Agency—State and Local Programs’’ account (70 X 0560).

(6) $50,880 from the unobligated balances available in the ‘‘Information Analysis and Infra- structure Protection—Operating Expenses’’ account (70 X 0900).
(7) $113,000,000 from the unobligated bal- ances available under the heading ‘‘Management Di- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

756 rectorate—Procurement, Construction, and Improve- ments’’.

(8) $42,730,000 from Public Law 116–93 under the heading ‘‘Coast Guard—Procurement, Construction, and Improvements’’.
(9) $19,000,000 from Public Law 116-6 under the heading ‘‘Coast Guard—Procurement, Construc- tion, and Improvements’’.

SEC.

549.

The following unobligated balances made available to the Department of Homeland Security pursu- ant to section 505 of the Department of Homeland Secu- rity Appropriations Act, 2022 (Public Law 117–103) are rescinded: (1) $23,858,130 from ‘‘Office of the Secretary and Executive Management—Operations and Sup- port’’.
(2) $604,580 from ‘‘Management Directorate— Operations and Support’’.

(3) $636,170 from ‘‘Intelligence, Analysis, and Operations Coordination—Operations and Support’’.

(4) $338,830 from ‘‘U.S.

Customs and Border Protection—Operations and Support’’.

(5) $8,972,900 from ‘‘U.S.

Immigration and Customs Enforcement—Operations and Support’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

757 (6) $6,332,670 from ‘‘United States Secret Service—Operations and Support’’.
(7) $1,250,420 from ‘‘Cybersecurity and Infra- structure Security Agency—Operations and Sup- port’’.

(8) $10,899 from ‘‘Federal Emergency Manage- ment Agency—Operations and Support’’.

(9) $3,208,190 from ‘‘U.S.

Citizenship and Im- migration Services—Operations and Support’’.

(10) $459,790 from ‘‘Federal Law Enforcement Training Centers—Operations and Support’’.

(11) $141,630 from ‘‘Science and Technology Directorate—Operations and Support’’.
(12) $350,450 from ‘‘Countering Weapons of Mass Destruction Office—Operations and Support’’.

This division may be cited as the ‘‘Department of Homeland Security Appropriations Act, 2023’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
758 DIVISION G—DEPARTMENT OF THE INTE- RIOR, 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, improve- ment, development, disposal, cadastral surveying, classi- fication, acquisition of easements and other interests in lands, and performance of other functions, including main- tenance of facilities, as authorized by law, in the manage- ment of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 (16 U.S.C.
3150(a)), $1,368,969,000, to remain available until September 30, 2024; of which $76,187,000 for annual maintenance and deferred mainte- nance programs and $147,888,000 for the wild horse and burro program, as authorized by Public Law 92–195 (16 U.S.C.

1331 et seq.
1331 et seq.

), shall remain available until ex- pended: 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 proc- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
759 essing of oil and gas applications for permits to drill and related use of authorizations: Provided further, That of the amounts made available under this heading, up to $3,500,000 may be made available for the purposes de- scribed in section 122(e)(1)(A) of division G of Public Law 115–21 (43 U.S.C.
1748c(e)(1)(A)): Provided further, That of the amounts made available under this heading, $3,500,000 is for projects specified for Land Management Priorities in the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Con- gressionally Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 14 Act).
In addition, $39,696,000 is for Mining Law Adminis- tration program operations, including the cost of admin- istering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2023, so as to result in a final appropriation estimated at not more than $1,368,969,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
760 OREGON AND CALIFORNIA GRANT LANDS For expenses necessary for management, protection, and development of resources and for construction, oper- ation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Or- egon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or in- terests therein, including existing connecting roads on or adjacent to such grant lands; $120,334,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the sec- ond paragraph of subsection (b) of title II of the Act of August 28, 1937 (43 U.S.C.
2605).

RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
761 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.

315b, 315m) and the amount designated for range im- provements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Depart- ment of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Pro- vided, 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 authoriza- tions for use and disposal of public lands and resources, for costs of providing copies of official public land docu- ments, for monitoring construction, operation, and termi- nation 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 con- trary 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
762 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 ad- ministered through the Bureau of Land Management which have been damaged by the action of a resource de- veloper, 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 Pub- lic Law 94–579 (43 U.S.C.

1737), and such amounts as may be advanced for administrative costs, surveys, ap- praisals, 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 reimburs- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

763 able agreements with public and private entities, including with States.
Appropriations for the Bureau shall be avail- able for purchase, erection, and dismantlement of tem- porary structures, and alteration and maintenance of nec- essary 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 ac- tivities 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 co- operative cost-sharing and partnership arrangements au- thorized 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 identi- fied amount of money in support of the project may be carried out by the Bureau on a reimbursable basis.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
764 UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE MANAGEMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,555,684,000, to remain available until Sep- tember 30, 2024: Provided, That not to exceed $23,398,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Spe- cies Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed and final regu- lations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of such section): Provided further, That of the amount appropriated under this heading, $25,641,000, to remain available until September 30, 2025, shall be for projects specified for Stewardship Priorities in the table titled ‘‘Interior and Environment Incorporation of Com- munity Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the explana- tory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided fur- ther, That amounts in the preceding proviso may be trans- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
765 ferred to the appropriate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appropriated.
CONSTRUCTION For construction, improvement, acquisition, or re- moval of buildings and other facilities required in the con- servation, management, investigation, protection, and uti- lization of fish and wildlife resources, and the acquisition of lands and interests therein; $29,904,000, to remain 11 available until expended.

12 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 de- rived from the Cooperative Endangered Species Conserva- 18 tion Fund.

19 NATIONAL WILDLIFE REFUGE FUND For expenses necessary to implement the Act of Octo- ber 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
766 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 Ele- phant Conservation Act (16 U.S.C.

4201 et seq.
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 Con- servation Act of 2000 (16 U.S.C.

6301 et seq.

), and the Marine Turtle Conservation Act of 2004 (16 U.S.C.

6601 et seq.

), $21,000,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and imple- mentation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $73,812,000, to remain available until expended: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
767 vided, That of the amount provided herein, $6,200,000 is for a competitive grant program for Indian tribes not sub- ject to the remaining provisions of this appropriation: Pro- vided further, That $7,612,000 is for a competitive grant program to implement approved plans for States, terri- tories, and other jurisdictions and at the discretion of af- fected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $13,812,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Com- monwealth 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 Inte- rior 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 para- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
768 graph 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 ap- portioned in 2023 to any State, territory, or other jurisdic- tion 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 ex- penditure, 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 op- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
769 tion; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquar- ia, 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 man- agement, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Serv- ice may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced pub- lications for which the cooperators share at least one-half the cost of printing either in cash or services and the Serv- ice determines the cooperator is capable of meeting accept- ed 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 ap- proval 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 revis- ing regulations as necessary, and shall remain available until expended: Provided further, That the second proviso December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
770 under the heading ‘‘United States Fish and Wildlife Serv- ice—Resource Management’’ in title I of division E of Public Law 112–74 (16 U.S.C.

742l–1) is amended by striking ‘‘2012’’ and inserting ‘‘2023’’ and striking ‘‘$400,000’’ and inserting ‘‘$750,000’’.
NATIONAL PARK SERVICE OPERATION OF THE NATIONAL PARK SYSTEM For expenses necessary for the management, oper- ation, and maintenance of areas and facilities adminis- 10 tered by the National Park Service and for the general 11 administration of the National Park Service, 12 13 14 $2,923,424,000, of which $11,661,000 for planning and interagency coordination in support of Everglades restora- tion and $135,980,000 for maintenance, repair, or reha- 15 bilitation projects for constructed assets and $188,184,000 for cyclic maintenance projects for con- structed assets and cultural resources and $10,000,000 for uses authorized by section 101122 of title 54, United States Code shall remain available until September 30, 2024: Provided, That funds appropriated under this head- ing in this Act are available for the purposes of section 5 of Public Law 95–348: Provided further, That notwith- standing 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

771 this heading shall be made available for the purposes spec- ified 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 de- posited 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 de- 10 rived from such Fund.
NATIONAL RECREATION AND PRESERVATION For expenses necessary to carry out recreation pro- grams, natural programs, cultural programs, heritage partnership programs, environmental compliance and re- view, international park affairs, and grant administration, not otherwise provided for, $92,512,000, to remain avail- able until September 30, 2024, of which $2,919,000 shall be for projects specified for Statutory and Contractual Aid in the table titled ‘‘Interior and Environment Incorpora- tion of Community Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the mat- ter preceding division A of this consolidated Act).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
772 HISTORIC PRESERVATION FUND For expenses necessary in carrying out the National Historic Preservation Act (division A of subtitle III of title 54, United States Code), $204,515,000, to be derived from the Historic Preservation Fund and to remain avail- able 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: Pro- vided further, That all projects to be funded shall be ap- proved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropria- tions: 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 His- toric Landmarks associated with communities currently under-represented, as determined by the Secretary; $29,000,000 is for competitive grants to preserve the sites and stories of the Civil Rights movement; $11,000,000 is for grants to Historically Black Colleges and Universities; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
773 $12,500,000 is for competitive grants for the restoration of historic properties of national, State, and local signifi- cance 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 Preserva- tion Act; $10,000,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving sites and structures 10 listed on the National Register of Historic Places that 11 commemorate the founding of the nation; and $29,115,000 is for projects specified for the Historic Pres- ervation Fund in the table titled ‘‘Interior and Environ- ment Incorporation of Community Project Funding Items/ Congressionally Directed Spending Items’’ included for this division in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consoli- dated Act): Provided further, That such competitive grants shall be made without imposing the matching require- ments 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 24 non-profit organizations.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
774 CONSTRUCTION For construction, improvements, repair, or replace- ment of physical facilities, and related equipment, and compliance and planning for programs and areas adminis- tered by the National Park Service, $239,803,000, to re- main available until expended: Provided, That notwith- standing any other provision of law, for any project ini- tially funded in fiscal year 2023 with a future phase indi- cated in the National Park Service 5–Year Line Item Con- struction 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: Pro- vided 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 appro- priation: Provided further, That the Secretary of the Inte- rior 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
775 to challenge cost share agreements, $15,000,000, to re- main 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 do- nated 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 ex- penditure 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 an- ticipated franchise fee receipts over the term of the con- tract at that unit exceed the amount of funds used to ex- tinguish or reduce liability.

Franchise fees at the benefit- ting unit shall be credited to the sub-account of the origi- nating 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
776 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 au- thorized 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), Depart- ment of Transportation, for purposes authorized under 23 U.S.C.

203.

Transfers may include a reasonable amount for FHWA administrative support costs.
UNITED STATES GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the United States Geo- logical Survey to perform surveys, investigations, and re- search covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as author- ized by 43 U.S.C.
31, 1332, and 1340; classify lands as to their mineral and water resources; give engineering su- pervision to power permittees and Federal Energy Regu- latory Commission licensees; administer the minerals ex- ploration program (30 U.S.C.

641); conduct inquiries into December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
777 the economic conditions affecting mining and materials processing industries (30 U.S.C.

3, 21a, and 1603; 50 U.S.C.
98g(a)(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,497,178,000, to remain available until September 30, 2024; of which $92,184,000 shall re- main 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 investiga- tions carried on in cooperation with States and municipali- ties: Provided further, That of the amount appropriated under this heading, $2,130,000 shall be for projects speci- fied for Special Initiatives in the table titled ‘‘Interior and Environment Incorporation of Community Project Fund- ing Items/Congressionally Directed Spending Items’’ in- cluded for this division in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That amounts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
778 in the preceding proviso may be transferred to the appro- priate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appro- priated.
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 fur- nishing of topographic maps and for the making of geo- physical or other specialized surveys when it is administra- tively determined that such procedures are in the public interest; construction and maintenance of necessary build- ings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equip- ment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly ap- pointed 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 co- operative 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 coop- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
779 erative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without re- gard to 41 U.S.C.
6101, for the temporary or intermittent services of students or recent graduates, who shall be con- sidered 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 pur- 10 poses.
BUREAU OF OCEAN ENERGY MANAGEMENT OCEAN ENERGY MANAGEMENT For expenses necessary for granting and admin- istering leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and ma- rine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for imple- menting other laws and to the extent provided by Presi- dential or Secretarial delegation; and for matching grants or cooperative agreements, $219,960,000, of which $182,960,000 is to remain available until September 30, 2024, and of which $37,000,000 is to remain available until expended: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
780 the Interior and credited to this appropriation from addi- tions 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 En- ergy 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 re- sult in a final fiscal year 2023 appropriation estimated at not more than $182,960,000: Provided further, That not to exceed $3,000 shall be available for reasonable ex- penses related to promoting volunteer beach and marine 14 cleanup activities.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT For expenses necessary for the regulation of oper- ations 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 imple- menting laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial dele- gation; and for matching grants or cooperative agree- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
781 ments, $175,886,000, of which $153,886,000 is to remain available until September 30, 2024, and of which $22,000,000 is to remain available until expended, includ- ing $3,000,000 for offshore decommissioning activities: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activi- ties 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 re- sult in a final fiscal year 2023 appropriation estimated at not more than $156,886,000.
For an additional amount, $38,000,000, to remain available until expended, to be reduced by amounts col- lected 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: Pro- vided, That to the extent that amounts realized from such inspection fees exceed $38,000,000, the amounts realized in excess of $38,000,000 shall be credited to this appro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
782 priation 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 per- sonnel 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.
1331 et seq.

), including the review of applications for permits to 10 drill.

11 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 Li- ability Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT REGULATION AND TECHNOLOGY For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $121,026,000, to remain avail- able until September 30, 2024, of which $65,000,000 shall be available for State and tribal regulatory grants: Pro- vided, That appropriations for the Office of Surface Min- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
783 ing Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and En- forcement sponsored training.

In addition, for costs to review, administer, and en- force permits issued by the Office pursuant to section 507 of Public Law 95–87 (30 U.S.C.
1257), $40,000, to re- main available until expended: Provided, That fees as- sessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary off- setting collections, to remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as collections are re- ceived during the fiscal year, so as to result in a fiscal year 2023 appropriation estimated at not more than 16 $121,026,000.
ABANDONED MINE RECLAMATION FUND For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $33,904,000, to be derived from re- ceipts 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
784 to pay for contracts to collect these debts: Provided fur- ther, 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 Gov- ernment for the purpose of environmental restoration re- lated to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and prior- ities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided under this head- ing 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 In- dian Tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act): Provided, That such additional amount shall be used for economic and community devel- opment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
785 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 In- dian Tribes without regard to their status as certified or uncertified under the Surface Mining Control and Rec- lamation Act of 1977 (30 U.S.C.
1233(a)), for reclama- tion of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such additional amount shall be al- located to States and Indian Tribes within 60 days after the date of enactment of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

786 INDIAN AFFAIRS BUREAU OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C.

13) and the Indian Self- Determination and Education Assistance Act of 1975 (25 U.S.C.

5301 et seq.
), $1,906,998,000, to remain available until September 30, 2024, except as otherwise provided herein; of which not to exceed $8,500 may be for official reception and representation expenses; of which not to ex- ceed $78,494,000 shall be for welfare assistance pay- ments: Provided, That in cases of designated Federal dis- asters, 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 af- fected by the disaster: Provided further, That federally rec- ognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allo- cations for unmet welfare assistance costs: Provided fur- ther, That not to exceed $63,586,000 shall remain avail- able until expended for housing improvement, road main- tenance, land acquisition, attorney fees, litigation support, land records improvement, and the Navajo-Hopi Settle- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
787 ment Program: Provided further, That of the amount ap- propriated under this heading, $4,240,000 shall be for projects specified for Special Initiatives (CDS) in the table titled ‘‘Interior and Environment Incorporation of Com- munity Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the explana- tory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided fur- ther, That any forestry funds allocated to a federally rec- ognized 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 unob- ligated balances not so transferred shall expire on Sep- tember 30, 2025: Provided further, That in order to en- hance 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 reconstruc- tion or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transpor- tation Facility Inventory, 23 U.S.C.
202(b)(1).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
788 INDIAN LAND CONSOLIDATION For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 (Public Law 106– 462), and the American Indian Probate Reform Act of 2004 (Public Law 108–374), $8,000,000, to remain avail- able 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 11 funded herein.
CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Deter- mination 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 nec- essary, which shall be available for obligation through Sep- tember 30, 2024: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another 22 budget account.
23 24 25 PAYMENTS FOR TRIBAL LEASES For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Deter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

789 mination and Education Assistance Act (25 U.S.C.
5324(l)) for fiscal year 2023, such sums as may be nec- essary, which shall be available for obligation through Sep- tember 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 mainte- nance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineer- ing 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 pur- suant to Public Law 87–483; $153,309,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That any funds provided for the Safety of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C.
13), shall be made available on a nonreimbursable basis: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
790 the appropriate share of construction costs for space ex- pansion needed in agency offices to meet trust reform im- plementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114–322; 130 Stat.
1749): Provided further, That amounts provided under this heading are made available for the modernization of Federal field communication capabilities, in addition to amounts otherwise made available for such purpose.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS For payments and necessary administrative expenses for implementation of Indian land and water claim settle- ments 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 ex- 18 pended.
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: Pro- vided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
791 gressional 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 In- dian Self-Determination and Education Assistance Act of 1975 (25 U.S.C.

5301 et seq.

), the Education Amend- ments of 1978 (25 U.S.C.

2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C.

2501 et seq.
), $1,133,552,000 to remain available until September 30, 2024, except as otherwise provided herein: Provided, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $833,592,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2023, and shall remain available until September 30, 2024: Provided further, That notwithstanding any other provision of law, including but not limited to the Indian Self–Determination Act of 1975 (25 U.S.C.
5301 et seq.)

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

792 and section 1128 of the Education Amendments of 1978 (25 U.S.C.
2008), not to exceed $95,822,000 within and only from such amounts made available for school oper- ations shall be available for administrative cost grants as- sociated with grants approved prior to July 1, 2023: Pro- vided further, That in order to enhance the safety of Bu- reau field employees, the Bureau may use funds to pur- chase uniforms or other identifying articles of clothing for personnel.
EDUCATION CONSTRUCTION For construction, repair, improvement, and mainte- nance of buildings, utilities, and other facilities necessary for the operation of Indian education programs, including architectural and engineering services by contract; acquisi- tion of lands, and interests in lands; $267,887,000 to re- main available until expended: Provided, That in order to ensure timely completion of construction projects, the Sec- retary 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
793 ADMINISTRATIVE PROVISIONS The Bureau of Indian Affairs and the Bureau of In- dian Education may carry out the operation of Indian pro- grams by direct expenditure, contracts, cooperative agree- ments, compacts, and grants, either directly or in coopera- tion 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 Exec- utive Direction and Administrative Services (except Exec- utive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for con- tracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the provisions of the Indian Self-Deter- mination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
23 24 25 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 di- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

794 minish 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 10 school in the State of Alaska.
No funds available to the Bureau of Indian Edu- cation 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 Bu- reau-funded schools with a K–2 grade structure on Octo- ber 1, 1996.
Appropriations made available in this or any prior Act for schools funded by the Bureau shall be avail- able, in accordance with the Bureau’s funding formula, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

795 only to the schools in the Bureau school system as of Sep- tember 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 Sep- tember 1, 1999, may continue to operate during that pe- riod, 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 sepa- rate 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 per- forming 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, 23 United States Code.

24 25 Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106– December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
796 113, if in fiscal year 2003 or 2004 a grantee received indi- rect 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 admin- istrative 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 juris- dictional 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 pres- ence 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 es- tablishing operations at a satellite location in lieu of incur- ring 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, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
797 maintenance, rehabilitation, construction, or other facili- ties-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 In- dian Education Programs may be used to execute re- 10 quested adjustments in tribal priority allocations initiated 11 by an Indian Tribe.
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS FEDERAL TRUST PROGRAMS (INCLUDING TRANSFER OF FUNDS) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $111,272,000, to remain available until expended, of which not to exceed $17,867,000 from this or any other Act, may be available for historical ac- counting: Provided, That funds for trust management im- provements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Af- fairs, ‘‘Operation of Indian Programs’’ and Bureau of In- dian Education, ‘‘Operation of Indian Education Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
798 grams’’ accounts; the Office of the Solicitor, ‘‘Salaries and Expenses’’ account; and the Office of the Secretary, ‘‘De- partmental Operations’’ account: Provided further, That funds made available through contracts or grants obli- gated 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 In- dian trust account that has not had activity for at least 15 months and has a balance of $15 or less: Provided fur- ther, 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 with- drawn 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 de- posits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and re- main available in this account for this purpose: Provided further, That the Secretary shall not be required to rec- oncile Special Deposit Accounts with a balance of less than December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
799 $500 unless the Office of the Special Trustee receives proof of ownership from a Special Deposit Accounts claim- ant: 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 con- tinuous period of at least 5 years and shall not be required to generate periodic statements of performance for the in- dividual accounts: Provided further, That with respect to the preceding proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and in- come, and such funds shall remain available to the indi- 15 vidual account holders.
DEPARTMENTAL OFFICES OFFICE OF THE SECRETARY DEPARTMENTAL OPERATIONS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for management of the De- partment of the Interior and for grants and cooperative agreements, as authorized by law, $135,884,000, to re- main available until September 30, 2024; of which not to exceed $15,000 may be for official reception and represen- tation expenses; of which up to $1,000,000 shall be avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
800 able for workers compensation payments and unemploy- ment 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 re- source valuation activities may, as needed, be transferred to and merged with the Bureau of Indian Affairs ‘‘Oper- ation of Indian Programs’’ and Bureau of Indian Edu- cation ‘‘Operation of Indian Education Programs’’ ac- counts and the Office of the Special Trustee ‘‘Federal Trust Programs’’ account: Provided further, That funds made available through contracts or grants obligated dur- ing fiscal year 2023, as authorized by the Indian Self-De- termination Act of 1975 (25 U.S.C.
5301 et seq.

), shall remain available until expended by the contractor or 17 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 Pay- ments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Pay- ments in Lieu of Taxes program are the only amounts available for payments authorized under chapter 69 of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
801 title 31, United States Code: Provided further, That in the event the sums appropriated for any fiscal year for pay- ments 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 gov- ernment 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 oth- erwise 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 Pub- lic Law 108–188, $120,357,000, of which: (1) $110,140,000 shall remain available until expended for territorial assistance, including general technical assist- ance, 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 au- thorized by law (48 U.S.C.
1661(c)); grants to the Govern- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
802 ment of American Samoa, in addition to current local rev- enues, for construction and support of governmental func- tions; 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 (Pub- lic 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 gov- ernments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Ac- countability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided fur- ther, 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 Mar- iana Islands approved by Public Law 104–134: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institu- tionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
803 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 sec- tions 221(a)(2) and 233 of the Compact of Free Associa- tion 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 Mar- shall 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 Sec- retary may transfer discretionary funds or mandatory December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
804 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 per- cent 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 guaran- tees 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 Electrifica- tion 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

805 OFFICE OF THE SOLICITOR SALARIES AND EXPENSES For necessary expenses of the Office of the Solicitor, $101,050,000, to remain available until September 30, 2024.

OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General, $67,000,000, to remain available until September 30, 2024.
DEPARTMENT-WIDE PROGRAMS WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emer- gency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $663,786,000, to remain available until expended, of which not to exceed $10,000,000 shall be for the renova- tion or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were pre- viously transferred for such purposes: Provided further, That of the funds provided $247,000,000 is for fuels man- agement activities: Provided further, That of the funds December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
806 provided $20,470,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C.

1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C.

1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C.
1856 et seq., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are avail- able 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 Fed- eral 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 en- tity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding require- ments of the Competition in Contracting Act, the Sec- retary, for purposes of fuels management activities, may obtain maximum practicable competition among: (1) local December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
807 private, nonprofit, or cooperative entities; (2) Youth Con- servation 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 de- velop written guidance to field units to ensure account- ability and consistent application of the authorities pro- vided 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 re- sponsibilities 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 con- struct 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
808 any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Inte- rior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire manage- ment, in an aggregate amount not to exceed $50,000,000 between the Departments when such transfers would fa- cilitate and expedite wildland fire management programs and projects: Provided further, That funds provided for wildfire suppression shall be available for support of Fed- eral 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 avail- able to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including tech- nical assistance, education and training, and cooperation with United States and international organizations.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the head- ing ‘‘Department of the Interior—Department-Wide Pro- grams—Wildland Fire Management’’ for wildfire suppres- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
809 sion operations, $340,000,000, to remain available until transferred, is additional new budget authority as speci- fied 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 Rep- resentatives on June 8, 2022: Provided, That such amounts may be transferred to and merged with amounts made available under the headings ‘‘Department of Agri- culture—Forest Service—Wildland Fire Management’’ and ‘‘Department of the Interior—Department-Wide Pro- grams—Wildland Fire Management’’ for wildfire suppres- sion 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 agen- cy to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer au- thority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression op- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
810 erations funds appropriated under the heading ‘‘Wildland Fire Management’’ in this and prior appropriations Acts to either the Department of Agriculture or the Depart- ment of the Interior will be obligated within 30 days pur- suant 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 In- terior and any of its component offices and bureaus for the response action, including associated activities, per- formed pursuant to the Comprehensive Environmental Re- sponse, 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 In- terior to inventory, assess, decommission, reclaim, respond to hazardous substance releases, remediate lands pursuant to section 40704 of Public Law 117–58 (30 U.S.C.

1245), and carry out the purposes of section 349 of the Energy Policy Act of 2005 (42 U.S.C.
15907), as amended, $5,000,000, to remain available until expended: Provided, That such amount shall be in addition to amounts other- wise available for such purposes: Provided further, That December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
811 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, Com- pensation, and Liability Act (42 U.S.C.
9601 et seq.)

obli- gations 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, res- toration 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.
9601 et seq.

), the Federal Water Pollution Control Act (33 U.S.C.

1251 et seq.

), the Oil Pollution Act of 1990 (33 U.S.C.

2701 et seq.

), and 54 U.S.C.

100721 et seq., $8,037,000, to remain available until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
812 WORKING CAPITAL FUND For the operation and maintenance of a departmental financial and business management system, data manage- ment, information technology improvements of general benefit to the Department, cybersecurity, and the consoli- dation of facilities and operations throughout the Depart- ment, $112,198,000, to remain available until expended: Provided, That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued an- nual leave and depreciation of equipment without prior ap- proval 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 Pro- gram Training Center, other than training related to Pub- lic 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 govern- ment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
813 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 fur- ther, That the Secretary may enter into grants and cooper- ative agreements to support the Office of Natural Re- source Revenue’s collection and disbursement of royalties, 10 fees, and other mineral revenue proceeds, as authorized 11 by law.
ADMINISTRATIVE PROVISION There is hereby authorized for acquisition from avail- able 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 19 replacement aircraft.
OFFICE OF NATURAL RESOURCES REVENUE For necessary expenses for management of the collec- tion and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agree- ments, as authorized by law, $174,934,000, to remain available until September 30, 2024; of which $69,751,000 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
814 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 Inte- rior, for the emergency reconstruction, replacement, or re- pair 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 specifi- cally 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 re- plenished by a supplemental appropriation, which must be requested as promptly as possible.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

815 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE SEC.

102.
The Secretary of the Interior may author- ize the expenditure or transfer of any no year appropria- tion in this title, in addition to the amounts included in the budget programs of the several agencies, for the sup- pression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Depart- ment of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency ac- tions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contin- gency 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 con- trol 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 regu- latory authority in the event a primacy State is not car- rying out the regulatory provisions of the Surface Mining December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
816 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 de- struction of vehicles, aircraft, or other equipment in con- nection with their use for wildland fire operations, with such reimbursement to be credited to appropriations cur- rently 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 sup- pression’’ shall be exhausted within 30 days: Provided fur- ther, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided fur- ther, That such replenishment funds shall be used to reim- burse, on a pro rata basis, accounts from which emergency 18 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 re- placement of motor vehicles, including specially equipped December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
817 law enforcement vehicles; hire, maintenance, and oper- ation of aircraft; hire of passenger motor vehicles; pur- chase 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 so- cieties 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 appro- priations Acts made under the same headings shall be available for expenditure or transfer for Indian trust man- agement 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 Appro- priations within 60 days of the expenditure or transfer of any funds under this section, including the amount ex- pended or transferred and how the funds will be used.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

818 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS SEC.
105.

Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redis- tribute 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 reduc- tion in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2023.
Under circumstances of dual enrollment, overlapping service areas or inaccurate dis- tribution methodologies, the 10 percent limitation does not apply.

15 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 con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
819 sideration), or by exchange; and the Secretary is author- ized to negotiate and enter into leases, subleases, conces- sion contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable.

OUTER CONTINENTAL SHELF INSPECTION FEES SEC.

107.


(a) In fiscal year 2023, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the ‘‘Offshore Safety and Envi- ronmental Enforcement’’ account, from the designated op- erator for facilities subject to inspection under 43 U.S.C.

12 1348(c).

13 14 15 (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 16 2023 shall be— (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
820 (c) Fees for drilling rigs shall be assessed for all in- spections completed in fiscal year 2023.

Fees for fiscal year 2023 shall be— (1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and (2) $16,700 per inspection for rigs operating in water depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections com- pleted in fiscal year 2023.
Fees for fiscal year 2023 shall 12 be— (1) $13,260 per inspection for non-rig units op- erating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units op- erating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units op- erating in water depths of less than 500 feet.

(e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing.
The Secretary shall bill des- ignated 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 Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

821 retary 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 organiza- tions 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 Serv- ice 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
822 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.
110.

Notwithstanding any other provision of law, during fiscal year 2023, in carrying out work involv- ing 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.
111.

(a) Notwithstanding any other provision of law relating to Federal grants and cooperative agree- ments, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, pri- vate 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 au- thorized 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 agree- ment would not— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
823 (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-over- time 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 Depart- ment; or (3) affect existing contracts for services.
OBLIGATION OF FUNDS SEC.

112.

Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act.

17 SEPARATION OF ACCOUNTS SEC.

113.
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 reorganiza- tion only in conformance with the reprogramming guide- 24 lines described in this Act.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

824 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 En- forcement 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 busi- ness days after such issuance.
18 (b) The head of each bureau may exclude confidential 19 business information.

20 LONG BRIDGE PROJECT SEC.

116.

(a) AUTHORIZATION OF CONVEYANCE.— On request by the State of Virginia or the District of Co- lumbia 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
825 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 de- picted 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 in- terests therein shall revert to the National Park Service after they have been restored or remediated to the satis- 14 faction of the Secretary.
15 16 (c) CORRECTIONS.—The Secretary and the State or the District of Columbia, as applicable, by mutual agree- 17 ment, 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 re- ferred to in subsection (a).

(d) DEFINITIONS.—For purposes of this section: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
826 (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 Di- rector 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 con- tracting under the Indian Self-Determination and Edu- cation Assistance Act.
22 23 24 NATIONAL HERITAGE AREAS AND CORRIDORS SEC.

118.

(a) Section 109(a) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

827 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 in- 14 serting ‘‘$17,000,000’’.

15 16 17 18 19 (e) Sections 411, 432, and 451 of title IV of the Con- solidated 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, 20 2024.’’.
21 22 23 (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’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

828 (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 amend- ed by section 402 of Public Law 109–338 (120 Stat.

1853), is amended by striking ‘‘$10,000,000’’ and insert- ing ‘‘$12,000,000’’.

(i) Section 125(a) of Public Law 98–398 is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’.

APPRAISER PAY AUTHORITY SEC.

119.
For fiscal year 2023, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS–1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department’s realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

829 SAGE-GROUSE SEC.

120.

None of the funds made available by this or any other Act may be used by the Secretary of the Inte- rior to write or issue pursuant to section 4 of the Endan- gered Species Act of 1973 (16 U.S.C.

1533)— (1) a proposed rule for greater sage-grouse (Centrocercus urophasianus); (2) a proposed rule for the Columbia basin dis- tinct population segment of greater sage-grouse.
STATE CONSERVATION GRANTS SEC.

121.

For expenses necessary to carry out section 200305 of title 54, United States Code, the National Park Service may retain up to 7 percent of the State Conserva- tion Grants program to provide to States, the District of Columbia, and insular areas, as matching grants to sup- port state program administrative costs.

LOWELL NATIONAL HISTORIC PARK SEC.

122.

Section 103(a) of Public Law 95–290 (16 U.S.C.

410cc–13(a); 92 Stat.


292) is amended by striking paragraph (1) and redesignating paragraph (2) as para- graph (1).

22 23 24 VISITOR EXPERIENCE IMPROVEMENT AUTHORITY SEC.

123.

Section 101938 of title 54, United States Code, is amended by striking ‘‘7’’ and inserting ‘‘9’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

830 DELAWARE WATER GAP AUTHORITY SEC.

124.


Section 4(b) of The Delaware Water Gap National Recreation Area Improvement Act, as amended by section 1 of Public Law 115–101, shall be applied by substituting ‘‘2023’’ for ‘‘2021’’.

1 2 3 4 5 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
831 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 Environ- mental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; and other operating expenses in support of research and development, $802,276,000, to remain available until Sep- tember 30, 2024: Provided, That of the funds included under this heading, $30,751,000 shall be for Research: National Priorities as specified in the explanatory state- ment described in section 4 (in the matter preceding divi- sion A of this consolidated Act), of which $13,251,000 shall be for projects specified for Science and Technology in the table titled ‘‘Interior and Environment Incorpora- tion of Community Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the mat- ter preceding division A of this consolidated Act).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
832 ENVIRONMENTAL PROGRAMS AND MANAGEMENT For environmental programs and management, in- cluding necessary expenses not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and oper- ation of aircraft; purchase of reprints; library member- ships 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 Liabil- ity Relief and Brownfields Revitalization Act of 2002; im- plementation of a coal combustion residual permit pro- gram under section 2301 of the Water and Waste Act of 2016; and not to exceed $9,000 for official reception and representation expenses, $3,286,330,000, to remain avail- able until September 30, 2024: Provided, That funds in- cluded under this heading may be used for environmental justice implementation and training grants, and associated program support costs: Provided further, That of the funds included under this heading— (1) $30,700,000 shall be for Environmental Protection: National Priorities as specified in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
833 (2) $681,726,000 shall be for Geographic Pro- grams as specified in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act); and (3) $20,000,000, to remain available until ex- pended, shall be for grants, including grants that may be awarded on a non-competitive basis, inter- agency agreements, and associated program support costs to establish and implement a program to assist Alaska Native Regional Corporations, Alaskan Na- tive Village Corporations, federally-recognized tribes in Alaska, Alaska Native Non-Profit Organizations and Alaska Native Nonprofit Associations, and intertribal consortia comprised of Alaskan tribal en- tities to address contamination on lands conveyed under or pursuant to the Alaska Native Claims Set- tlement Act (43 U.S.C.
1601 et seq.)
that were or are contaminated at the time of conveyance and are on an inventory of such lands developed and main- tained by the Environmental Protection Agency: Provided, That grants awarded using funds made available in this paragraph may be used by a recipi- ent to supplement other funds provided by the Envi- ronmental Protection Agency through individual media or multi-media grants or cooperative agree- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
834 ments: Provided further, That of the amounts made available in this paragraph, in addition to amounts otherwise available for such purposes, the Environ- mental Protection Agency may reserve up to $2,000,000 for salaries, expenses, and administra- tion.

In addition, $9,000,000, to remain available until ex- pended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursu- ant to that section of that Act and deposited in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts in fiscal year 2023 shall be retained and used for necessary salaries and expenses in this appropriation and shall re- main available until expended: Provided further, That the sum herein appropriated in this paragraph from the gen- eral fund for fiscal year 2023 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2023, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $0: Provided further, That to the extent that amounts realized from such receipts exceed $9,000,000, those amount in excess of $9,000,000 shall be deposited in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting re- ceipts in fiscal year 2023, shall be retained and used for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
835 necessary salaries and expenses in this account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this head- ing, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014.
OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $44,030,000, to remain available until September 30, 2024.
BUILDINGS AND FACILITIES For construction, repair, improvement, extension, al- teration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $48,752,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Comprehen- sive Environmental Response, Compensation, and Liabil- ity Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

9611), and hire, maintenance, and operation of aircraft, $1,282,700,000, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
836 to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2022, and not otherwise appropriated from the Trust Fund, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,282,700,000 as a payment from general rev- enues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $11,800,000 shall be paid to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2024, and $31,607,000 shall be paid to the ‘‘Science and Tech- nology’’ appropriation to remain available until September 17 30, 2024.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM For necessary expenses to carry out leaking under- ground storage tank cleanup activities authorized by sub- title I of the Solid Waste Disposal Act, $93,205,000, to remain available until expended, of which $67,425,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
837 Solid Waste Disposal Act; $25,780,000 shall be for car- rying 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 In- dian tribes for the development and implementation of programs to manage underground storage tanks.
INLAND OIL SPILL PROGRAMS For expenses necessary to carry out the Environ- mental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $22,072,000, to be derived from the Oil Spill Liability trust fund, to remain available until ex- 16 pended.
17 18 19 20 STATE AND TRIBAL ASSISTANCE GRANTS (INCLUDING RESCISSION OF FUNDS) For environmental programs and infrastructure as- sistance, including capitalization grants for State revolv- 21 ing funds and performance partnership grants, 22 $4,480,428,000, to remain available until expended, of 23 which— 24 25 (1) $1,638,861,000 shall be for making capital- ization grants for the Clean Water State Revolving December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
838 Funds under title VI of the Federal Water Pollution Control Act; and of which $1,126,101,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $863,108,642 of the funds made available for cap- italization grants for the Clean Water State Revolv- ing Funds and $609,255,899 of the funds made available for capitalization grants for the Drinking Water State Revolving Funds shall be for the con- struction of drinking water, wastewater, and storm water infrastructure and for water quality protection in accordance with the terms and conditions speci- fied for such grants in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act) for projects specified for ‘‘STAG—Drinking Water SRF’’ and ‘‘STAG— Clean Water SRF’’ in the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act), and, for purposes of these grants, each grantee shall con- tribute not less than 20 percent of the cost of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
839 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 capital- ization grants shall be used by the State for projects to address green infrastructure, water or energy effi- ciency improvements, or other environmentally inno- vative activities: Provided further, That for fiscal year 2023, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green in- frastructure, water or energy efficiency improve- ments, or other environmentally innovative activities: Provided further, That the Administrator is author- ized to use up to $1,500,000 of funds made available for the Clean Water State Revolving Funds under this heading under title VI of the Federal Water Pollution Control Act (33 U.S.C.
1381) to conduct the Clean Watersheds Needs Survey: Provided fur- ther, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
840 on the amounts in a State water pollution control re- volving fund that may be used by a State to admin- ister 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 rep- resent 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 pur- poses 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 Is- lands, 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 estab- lishments: Provided further, That for fiscal year December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
841 2023, notwithstanding the provisions of such sub- sections (g)(1), (h), and (l) of section 201 and sec- tion 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 estab- lishments: 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 sec- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
842 Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Na- tive Villages as defined in Public Law 92–203: Pro- vided further, That for fiscal year 2023, notwith- standing 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 notwith- standing 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 Revolv- ing 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 Pol- lution Control Act, up to 1.5 percent of the aggre- gate 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
843 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 cap- italization grants shall be used by the State to pro- vide 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 re- cipient 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
844 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 munic- ipal drinking water supply before the date of enact- ment 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 cap- italization grants to provide additional subsidy to eli- gible recipients: Provided further, That notwith- standing section 1452(o) of the Safe Drinking Water Act (42 U.S.C.
300j–12(o)), the Administrator shall reserve $12,000,000 of the amounts made available for fiscal year 2023 for making capitalization grants for the Drinking Water State Revolving Funds to pay the costs of monitoring for unregulated contami- nants under section 1445(a)(2)(C) of such Act: Pro- vided further, That of the unobligated balances avail- able in the ‘‘State and Tribal Assistance Grants’’ ac- count appropriated prior to fiscal year 2012 for ‘‘special project grants’’ or ‘‘special needs infrastruc- ture grants,’’ or for the administration, manage- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
845 ment, and oversight of such grants, $13,300,000 are permanently rescinded: Provided further, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency re- quirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985; (2) $36,386,000 shall be for architectural, engi- neering, 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 consulta- tion with the appropriate border commission: Pro- vided, That no funds provided by this appropriations Act to address the water, wastewater and other crit- ical infrastructure needs of the colonias in the United States along the United States-Mexico bor- der 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 con- struction of any new home, business, or other struc- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
846 ture which lacks water, wastewater, or other nec- essary infrastructure; (3) $39,686,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Vil- lages: 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 con- junction 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 Alas- ka 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.)
1921 et seq.)

which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $100,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Re- sponse, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agree- ments, and associated program support costs: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
847 vided, That at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided further, That for purposes of this section, the term ‘‘persistent poverty counties’’ means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States; (5) $100,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $69,927,000 shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement described in section 4 (in the matter preceding division A of this consoli- dated Act); (7) $30,158,000 shall be for grants under sub- sections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C.
300j–19a); (8) $30,500,000 shall be for grants under sec- tion 1464(d) of the Safe Drinking Water Act (42 U.S.C.

300j–24(d)); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

848 (9) $25,011,000 shall be for grants under sec- tion 1459B of the Safe Drinking Water Act (42 U.S.C.

300j–19b); (10) $7,000,000 shall be for grants under sec- tion 1459A(l) of the Safe Drinking Water Act (42 U.S.C.
300j–19a(l)); (11) $27,000,000 shall be for grants under sec- tion 104(b)(8) of the Federal Water Pollution Con- trol Act (33 U.S.C.

1254(b)(8)); (12) $50,000,000 shall be for grants under sec- tion 221 of the Federal Water Pollution Control Act (33 U.S.C.

1301); (13) $6,000,000 shall be for grants under sec- tion 4304(b) of the America’s Water Infrastructure Act of 2018 (Public Law 115–270); (14) $6,500,000 shall be for carrying out sec- tion 302(a) of the Save Our Seas 2.0 Act (33 U.S.C.
4283(a)), of which not more than 2 percent shall be for administrative costs to carry out such section: Provided, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Okla- homa (as determined by the Secretary of the Inte- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
849 rior), and Alaska Native Villages as defined in Pub- lic Law 92–203; (15) $7,000,000 shall be for grants under sec- tion 103(b)(3) of the Clean Air Act for wildfire smoke preparedness grants in accordance with the terms and conditions in the explanatory statement described in section 4 (in the matter preceding divi- sion A of this consolidated Act): Provided, That not more than 3 percent shall be for administrative costs to carry out such section; (16) $16,973,000 shall be for State and Tribal Assistance Grants to be allocated in the amounts specified for those projects and for the purposes de- lineated in the table titled ‘‘Interior and Environ- ment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items’’ in- cluded for this division in the explanatory statement described in section 4 (in the matter preceding divi- sion A of this consolidated Act) for remediation, con- struction, and related environmental management activities in accordance with the terms and condi- tions specified for such grants in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
850 (17) $5,000,000 shall be for grants under sec- tion 1459F of the Safe Drinking Water Act (42 U.S.C.

300j–19g); (18) $4,000,000 shall be for carrying out sec- tion 2001 of the America’s Water Infrastructure Act of 2018 (Public Law 115–270, 42 U.S.C.
300j–3c note): Provided, That the Administrator may award grants to and enter into contracts with tribes, inter- tribal consortia, public or private agencies, institu- tions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41, United States Code, and enter into interagency agreements as appropriate; (19) $3,000,000 shall be for grants under sec- tion 50217(b) of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(b); Public Law 117–58); (20) $4,000,000 shall be for grants under sec- tion 124 of the Federal Water Pollution Control Act (33 U.S.C.
1276); and (21) $1,160,625,000 shall be for grants, includ- ing associated program support costs, to States, fed- erally 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, includ- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
851 ing 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 col- lection activities subject to terms and conditions specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to assist States in developing and implementing programs for control of coal combustion residuals, of which: $47,195,000 shall be for carrying out section 128 of CERCLA; $10,836,000 shall be for Environmental Information Exchange Network grants, including as- sociated 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 Dis- posal 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 par- ticipation in national- and State-level statistical sur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
852 veys of water resources and enhancements to State monitoring programs.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT For the cost of direct loans and for the cost of guar- anteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $68,000,000, to re- main available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as de- fined 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 di- rect 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: Pro- vided 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 Infra- structure Finance and Innovation Act of 2014 to State infrastructure financing authorities, as authorized by sec- tion 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 cri- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
853 teria 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 Consoli- dated Appropriations Act, 2020 (Public Law 116–94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Administrator and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Pro- vided 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 Admin- istrator shall promptly provide, documentation and infor- mation relating to a project identified in a Letter of Inter- est submitted to the Administrator pursuant to a Notice of Funding Availability for applications for credit assist- ance under the Water Infrastructure Finance and Innova- tion Act Program, including with respect to a project that was initiated or completed before the date of enactment 23 of this Act.
24 25 In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

854 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 In- novation Act of 2014, $7,640,000, to remain available until September 30, 2024.

ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION AGENCY (INCLUDING TRANSFERS OF FUNDS) For fiscal year 2023, notwithstanding 31 U.S.C.
6303(1) and 6305(1), the Administrator of the Environ- mental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental pro- grams required or authorized by law in the absence of an acceptable tribal program, may award cooperative agree- ments 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 award- ed from funds designated for State financial assistance agreements.
24 25 The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide reg- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

855 istration 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 In- secticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w–8(d)(2)), the Administrator of the Environ- mental Protection Agency may assess fees under section 33 of FIFRA (7 U.S.C.

136w–8) for fiscal year 2023.

The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accord- ance with section 3024 of the Solid Waste Disposal Act (42 U.S.C.

6939g) for fiscal year 2023, to remain avail- 13 able until expended.
The Administrator is authorized to transfer up to $368,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading ‘‘Environ- mental 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 ac- tivities; and to make grants to governmental entities, non- profit organizations, institutions, and individuals for plan- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
856 ning, 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 Pro- grams and Management, Office of Inspector General, Haz- ardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are avail- able for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $300,000 per project.

For fiscal year 2023, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C.
1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act.

The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Pro- grams and Management’’ for fiscal year 2023 to provide grants to implement the Southeastern New England Wa- 21 tershed Restoration Program.
22 23 24 25 Notwithstanding the limitations on amounts in sec- tion 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,500,000 of the funds made available under this title for the National Estuary Program shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

be for making competitive awards described in section 857 320(g)(4).
For fiscal year 2023, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings ‘‘Environ- mental Programs and Management’’ and ‘‘Science and Technology’’, contract directly with individuals or indi- rectly 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 com- pensation 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
858 TITLE III RELATED AGENCIES DEPARTMENT OF AGRICULTURE OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $1,000,000: Provided, That funds made available by this Act to any agency in the Natural Resources and Environ- ment mission area for salaries and expenses are available to fund up to one administrative support staff for the of- fice.
FOREST SERVICE FOREST SERVICE OPERATIONS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $1,152,744,000, to remain avail- able through September 30, 2026: Provided, That a por- tion 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 administra- tive and general management support functions: Provided further, That funds provided under this heading shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
859 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 tele- communication expenses of the Forest Service, as well as business services; and, for information technology, includ- ing cyber security requirements: Provided further, That funds provided under this heading may be used for nec- essary 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 re- search as authorized by law, $307,273,000, to remain available through September 30, 2026: Provided, That of the funds provided, $32,197,000 is for the forest inventory and analysis program: Provided further, That all authori- ties 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 22 Science Research.
23 24 25 STATE AND PRIVATE FORESTRY For necessary expenses of cooperating with and pro- viding technical and financial assistance to States, terri- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
860 tories, possessions, and others, and for forest health man- agement, including for invasive plants, and conducting an international program and trade compliance activities as authorized, $337,758,000, to remain available through September 30, 2026, as authorized by law, of which $30,167,000 shall be for projects specified for Forest Re- source Information and Analysis in the table titled ‘‘Inte- rior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the explanatory state- ment described in section 4 (in the matter preceding divi- sion A of this consolidated Act).
NATIONAL FOREST SYSTEM For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, im- provement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,974,388,000, to remain available through September 30, 2026: Provided, That of the funds pro- vided, $32,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restora- tion treatments as authorized by 16 U.S.C.
7303(f): Pro- vided further, That for the funds provided in the preceding proviso, section 4003(d)(3)(A) of the Omnibus Public 25 Land Management Act of 2009 (16 U.S.C.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

861 7303(d)(3)(A)) shall be applied by substituting ‘‘20’’ for ‘‘10’’ and section 4003(d)(3)(B) of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(d)(3)(B)) shall be applied by substituting ‘‘4’’ for ‘‘2’’: Provided further, That of the funds provided, $40,000,000 shall be for forest products: Provided further, That of the funds provided, $207,000,000 shall be for haz- ardous fuels management activities, of which not to exceed $20,000,000 may be used to make grants, using any au- thorities available to the Forest Service under the ‘‘State and Private Forestry’’ appropriation, for the purpose of creating incentives for increased use of biomass from Na- tional Forest System lands: Provided further, That $20,000,000 may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agree- ments or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land: Provided further, That funds made available to implement the Com- munity Forest Restoration Act, Public Law 106–393, title VI, shall be available for use on non-Federal lands in ac- cordance with authorities made available to the Forest Service under the ‘‘State and Private Forestry’’ appro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
862 priation: 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 As- sociation 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 appro- priate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for con- servation 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 Im- provement and Maintenance’’ account, the ‘‘Range Better- ment Fund’’ account, and the ‘‘Management of National Forest Lands for Subsistence Uses’’ account.
CAPITAL IMPROVEMENT AND MAINTENANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $158,048,000, to remain available through September 30, 2026, for construction, capital im- provement, maintenance, and acquisition of buildings and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
863 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 author- ized by 16 U.S.C.

532–538 and 23 U.S.C.

101 and 205: Provided, That $6,000,000 shall be for activities author- ized by 16 U.S.C.
538(a): Provided further, That $5,048,000 shall be for projects specified for Construction Projects in the table titled ‘‘Interior and Environment In- corporation of Community Project Funding Items/Con- gressionally Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That funds becoming available in fiscal year 2023 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obli- gation for any other purpose unless the funds are appro- 20 priated.

21 22 23 24 25 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS For acquisition of lands within the exterior bound- aries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the An- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
864 geles, 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 gov- ernments, public school districts, or other public school au- thorities, and for authorized expenditures from funds de- posited 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 15 Law 78–310).
RANGE BETTERMENT FUND For necessary expenses of range rehabilitation, pro- tection, and improvement, 50 percent of all moneys re- ceived during the prior fiscal year, as fees for grazing do- mestic 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

865 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH For expenses authorized by 16 U.S.C.

1643(b), $45,000, to remain available through September 30, 2026, to be derived from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES For necessary expenses of the Forest Service to man- age Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conserva- tion 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 emer- gency rehabilitation of burned-over National Forest Sys- tem lands and water, $945,956,000, to remain available until expended: Provided, That such funds, including un- obligated balances under this heading, are available for re- payment of advances from other appropriations accounts previously transferred for such purposes: Provided further, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
866 That any unobligated funds appropriated in a previous fis- cal year for hazardous fuels management may be trans- ferred 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 Fed- eral Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the head- 18 ing ‘‘Department of Agriculture—Forest Service— Wildland Fire Management’’ for wildfire suppression oper- ations, $2,210,000,000, to remain available until trans- ferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con.

Res.
Res.

14 (117th Congress), the concurrent resolution on the budget for fis- cal year 2022, and section 1(g) of H. Res.

1151 (117th Congress), as engrossed in the House of Representatives December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
867 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—Depart- ment-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: Pro- vided 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 pro- vided by law: Provided further, That, in determining whether all wildfire suppression operations funds appro- priated under the heading ‘‘Wildland Fire Management’’ in this and prior appropriations Acts to either the Depart- ment of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding pro- viso, any funds transferred or permitted to be transferred December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
868 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 sec- tion 8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115–334), shall be deposited in the spe- cial 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 avail- able 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

869 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 pur- suant 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 col- lection 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 in- crease or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided fur- ther, 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 Manage- ment appropriation for forest firefighting, emergency re- habilitation 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 no- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
870 tification of the House and Senate Committees on Appro- priations 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 sup- plemental 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 dis- cretionary 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 haz- ardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water: Pro- vided, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
871 and the prior approval of the Committees on Appropria- tions of both Houses of Congress.
Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for Inter- national Development in connection with forest and range- land research, technical information, and assistance in for- eign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including tech- nical assistance, education and training, and cooperation with United States government, private sector, and inter- national organizations: Provided, That the Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institu- tions as well as other domestic agencies (including the U.S. Agency for International Development, the Depart- ment of State, and the Millennium Challenge Corpora- tion), United States private sector firms, institutions and organizations to provide technical assistance and training programs on forestry and rangeland management: Pro- vided further, That to maximize effectiveness of domestic and international research and cooperation, the Inter- national Program may utilize all authorities related to for- estry, research, and cooperative assistance regardless of 25 program designations.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

872 Funds appropriated to the Forest Service shall be available to enter into a cooperative agreement with the Section 509(a)(3) Supporting Organization, ‘‘Forest Serv- ice International Foundation’’ to assist the Foundation in meeting administrative, project, and other expenses, and may provide for the Foundation’s use of Forest Service personnel and facilities.
Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the perform- ance of cadastral surveys to designate the boundaries of 14 such lands.
None of the funds made available to the Forest Serv- ice 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)).
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
873 be transferred to the Department of Agriculture for De- partment Reimbursable Programs, commonly referred to as Greenbook charges: Provided, That nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain information technology services, including tele- communications and system modifications or enhance- ments, 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 partner- ship projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
874 lands or related to Forest Service programs: Provided, That of the Federal funds made available to the Founda- tion, no more than $300,000 shall be available for admin- istrative 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 24 funds.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
875 Funds appropriated to the Forest Service under the National Forest System heading shall be available for the Secretary of Agriculture to enter into cooperative agree- ments with other Federal agencies, tribes, States, local governments, private and nonprofit entities, and edu- cational institutions to support the work of forest or grass- land collaboratives on activities benefitting Federal lands and adjacent non-Federal lands, including for technical assistance, administrative functions or costs, and other ca- pacity support needs identified by the Forest Service.
Funds appropriated to the Forest Service shall be available for interactions with and providing technical as- sistance 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– 19 663.
20 21 22 Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in sec- tion 502(c) of the Older Americans Act of 1965 (42 23 U.S.C.

3056(c)(2)).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

876 The Forest Service shall not assess funds for the pur- pose 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 Of- fice of the General Counsel (OGC), Department of Agri- culture, for travel and related expenses incurred as a re- sult of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation: Provided, That future budget justifications for both the Forest Service and the Depart- ment of Agriculture should clearly display the sums pre- viously 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 Re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

877 source Manager, Job Corps, and National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES INDIAN HEALTH SERVICE INDIAN HEALTH SERVICES (INCLUDING RESCISSION OF FUNDS) For expenses necessary to carry out the Act of Au- gust 5, 1954 (68 Stat.
674), the Indian Self-Determina- tion 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 Serv- ice, $4,919,670,000, to remain available until September 30, 2024, except as otherwise provided herein; and, in ad- dition, $4,627,968,000, which shall become available on October 1, 2023, and remain available through September 30, 2025, except as otherwise provided herein; together with payments received during each fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act (42 U.S.C.
238(b) and 238b), for services furnished by the Indian Health Service: Provided, That funds made available to tribes and tribal organizations through con- tracts, grant agreements, or any other agreements or com- pacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C.

450), shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
878 be deemed to be obligated at the time of the grant or con- tract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That $2,500,000 shall be available for each of fiscal years 2023 and 2024 for grants or contracts with public or private institutions to provide alcohol or drug treatment services to Indians, including alcohol de- toxification services: Provided further, That of the total amount of funds provided, $1,993,510,000 shall remain available until expended for Purchased/Referred Care, of which $996,755,000 shall be from funds that become available on October 1, 2023: Provided further, That of the total amount specified in the preceding proviso for Purchased/Referred Care, $108,000,000 shall be for the Indian Catastrophic Health Emergency Fund of which $54,000,000 shall be from funds that become available on October 1, 2023: Provided further, That for each of fiscal years 2023 and 2024, up to $51,000,000 shall remain available until expended for implementation of the loan re- payment program under section 108 of the Indian Health Care Improvement Act: Provided further, That of the total amount of funds provided, $116,000,000, including $58,000,000 from funds that become available on October 1, 2023, shall be for costs related to or resulting from accreditation emergencies, including supplementing activi- December 19, 2022 (11:48 p.m.)
 U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
879 ties funded under the heading ‘‘Indian Health Facilities’’, of which up to $4,000,000 for each of fiscal years 2023 and 2024 may be used to supplement amounts otherwise available for Purchased/Referred Care: Provided further, That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C.
1613a and 1616a) during the preceding fiscal year for breach of con- tracts 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 repay- ment 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 ac- count for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy au- thority for civilian employees, for Aftercare Pilot Pro- grams at Youth Regional Treatment Centers, for trans- formation and modernization costs of the Indian Health Service Electronic Health Record system, for national quality and oversight activities, to improve collections from December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
880 public and private insurance at Indian Health Service and tribally operated facilities, for an initiative to treat or re- duce 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 Clin- ics, for a produce prescription pilot, and for accreditation emergencies shall be allocated at the discretion of the Di- rector of the Indian Health Service and shall remain avail- able 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: Pro- vided 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 pur- pose of achieving compliance with the applicable condi- tions and requirements of titles XVIII and XIX of the So- cial 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: Pro- vided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Im- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
881 provement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That the Bureau of In- dian Affairs may collect from the Indian Health Service, and from tribes and tribal organizations operating health facilities pursuant to Public Law 93–638, such individ- ually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.
): Provided further, That none of the funds provided that become available on October 1, 2023, may be used for implementation of the Electronic Health Record System or the Indian Health Care Improvement Fund: Provided further, That of the funds provided, $74,138,000 is for the Indian Health Care Improvement Fund and may be used, as needed, to carry out activities typically funded under the Indian Health Fa- cilities 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 se- lection or implementation of a new Information Tech- nology infrastructure system, unless the Committees on Appropriations of the House of Representatives and the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
Senate are consulted 90 days in advance of such obliga- 882 tion.

Of the unobligated balances under the heading ‘‘In- dian Health Services’’ from amounts made available in title III of division G of Public Law 117–103 for the fiscal year 2022 costs of staffing and operating new facilities, $29,388,000 are hereby rescinded.
CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Deter- mination 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 con- tract 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-Deter- mination and Education Assistance Act (25 U.S.C.

5324(l)) for fiscal year 2023, such sums as may be nec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
883 essary, which shall be available for obligation through Sep- tember 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 auxil- iary facilities, including quarters for personnel; prepara- tion of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the In- dian Health Care Improvement Act, and for expenses nec- essary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $958,553,000, to remain available until expended; and, in addition, $501,490,000, which shall become avail- able on October 1, 2023, and remain available until ex- pended: Provided, That notwithstanding any other provi- sion of law, funds appropriated for the planning, design, construction, renovation, or expansion of health facilities December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
884 for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 may be used for each of fiscal years 2023 and 2024 by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That none of the funds provided that become available on Octo- ber 1, 2023, may be used for Health Care Facilities Con- struction or for Sanitation Facilities Construction: Pro- vided further, That of the amount appropriated under this heading for fiscal year 2023 for Sanitation Facilities Con- struction, $15,192,000 shall be for projects specified for Sanitation Facilities Construction (CDS) in the table ti- tled ‘‘Interior and Environment Incorporation of Commu- nity Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the explana- tory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided fur- ther, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities con- struction for new homes funded with grants by the hous- ing programs of the United States Department of Housing 24 and Urban Development.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

885 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; pur- chase 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 al- lowances 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
886 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 In- dian Health Service in this Act, except those used for ad- ministrative 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 identi- fied in the budget justification and provided in this Act, or approved by the House and Senate Committees on Ap- propriations through the reprogramming process: Pro- vided 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 agree- ment 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 there- after shall remain available to the tribe or tribal organiza- tion without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
887 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 re- quest has been included in an appropriations Act and en- acted into law: Provided further, That with respect to func- tions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is au- thorized 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 enti- ties pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation ac- count from which the funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for training, technical as- sistance, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
888 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 simi- lar 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 Environ- mental 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 Sub- stances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
889 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 appro- priated 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 as- signed to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Envi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
890 ronmental 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 Environ- mental 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 pur- suant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances there- for, as authorized by 5 U.S.C.

5901–5902, and for serv- ices authorized by 5 U.S.C.

3109 but at rates for individ- uals 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 provi- sion of law, the individual appointed to the position of In- spector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
891 position of Inspector General of the Board: Provided fur- ther, 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 appro- priations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-parti- tioned lands residents, those in significantly substandard housing, and all others certified as eligible and not in- cluded 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 Reloca- tion 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 re- placement home is provided for such household: Provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
892 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).
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 author- ized by part A of title XV of Public Law 99–498 (20 U.S.C.

4411 et seq.

), $13,482,000, which shall become available on July 1, 2023, and shall remain available until September 30, 2024.
SMITHSONIAN INSTITUTION SALARIES AND EXPENSES For necessary expenses of the Smithsonian Institu- tion, 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 publica- tions; conduct of education, training, and museum assist- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
893 ance 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 em- ployees, $892,855,000, to remain available until Sep- tember 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, Na- tional Museum of the American Latino, and the repatri- ation of skeletal remains program shall remain available until expended; and including such funds as may be nec- essary 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 In- stitution 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
894 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 Govern- ment: Provided further, That no appropriated funds may be used directly to service debt which is incurred to fi- nance the costs of acquiring a portion of the building at 600 Maryland Avenue, SW, Washington, DC, or of plan- ning, designing, and constructing improvements to such building: Provided further, That any agreement entered into by the Smithsonian Institution for the sale of its own- ership 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 Sec- retary of the Smithsonian submits to the Committees on Appropriations of the House of Representatives and Sen- ate, the Committees on House Administration and Trans- portation and Infrastructure of the House of Representa- tives, and the Committee on Rules and Administration of the Senate a report, as outlined in the explanatory state- ment described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat.
24 2536) on the intended sale.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

895 FACILITIES CAPITAL For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithso- nian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat.
623), and for construction, including necessary personnel, $251,645,000, to remain available until expended, of which not to exceed $10,000 shall be for services as au- thorized by 5 U.S.C.

3109.

NATIONAL GALLERY OF ART SALARIES AND EXPENSES For the upkeep and operations of the National Gal- lery 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
896 rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improve- ment, 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 or- ganizations 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: Pro- vided, That of this amount, $27,208,000 shall be available for design and construction of an off-site art storage facil- ity in partnership with the Smithsonian Institution and may be transferred to the Smithsonian Institution for such purposes: Provided further, That contracts awarded for en- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
897 vironmental systems, protection systems, and exterior re- pair 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, mainte- nance, 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 restora- tion 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.

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898 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 Endow- ment for the Arts for the support of projects and produc- tions in the arts, including arts education and public out- reach 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
899 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 Endow- ment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and pre- ceding fiscal years for which equal amounts have not pre- viously 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 re- ception and representation expenses: Provided further, That funds from nonappropriated sources may be used as necessary for official reception and representation ex- penses: Provided further, That the Chairperson of the Na- tional 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
900 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 col- lection, to remain available until expended without further appropriation: Provided further, That the Commission is authorized to accept gifts, including objects, papers, art- work, drawings and artifacts, that pertain to the history and design of the Nation’s Capital or the history and ac- tivities 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 rep- resentation 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 Af- fairs’’ in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
901 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 deter- mining an eligible organization’s annual income for cal- endar years 2021, 2022, and 2023, funds or grants re- ceived 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 count- ed 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 Plan- ning 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 per- cent of the funds provided under this heading may be used for official reception and representational expenses associ- ated with hosting international visitors engaged in the planning and physical development of world capitals.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
902 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 Man- agement 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 in- serting ‘‘$250,000,000’’.
WORLD WAR I CENTENNIAL COMMISSION SALARIES AND EXPENSES Notwithstanding section 9 of the World War I Cen- tennial 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
903 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 per- sonnel 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 anni- versary 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 17 until September 30, 2024.
ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (re- ferred to in this paragraph as the ‘‘Commission’’), $550,000 to remain available until September 30, 2024: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114–244, the Com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
904 1 2 3 mission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

905 TITLE IV GENERAL PROVISIONS (INCLUDING TRANSFERS OF FUNDS) RESTRICTION ON USE OF FUNDS SEC.

401.
401.

No part of any appropriation contained in this Act shall be available for any activity or the publica- tion 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 11 described in 18 U.S.C.

1913.

12 OBLIGATION OF APPROPRIATIONS SEC.

402.
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.
403.

The amount and basis of estimated over- head charges, deductions, reserves, or holdbacks, including working capital fund charges, from programs, projects, ac- tivities and subactivities to support government-wide, de- partmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be pre- sented in annual budget justifications and subject to ap- proval by the Committees on Appropriations of the House of Representatives and the Senate.
Changes to such esti- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

mates shall be presented to the Committees on Appropria- 906 tions 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 Sec- retary on or before September 30, 1994; and (2) all re- quirements 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 Com- mittees 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
907 section 314(c) of the Department of the Interior and Re- lated 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 exam- ination of the mining claims or mill sites contained in a patent application as set forth in subsection (b).
The Bu- reau of Land Management shall have the sole responsi- bility to choose and pay the third-party contractor in ac- cordance with the standard procedures employed by the Bureau of Land Management in the retention of third- party contractors.

17 18 19 20 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION SEC.

405.
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 fis- 21 cal year 2023.

22 23 24 25 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
908 Human Services, Indian Health Service, Contract Support Costs’’ and ‘‘Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Sup- port Costs’’ are the only amounts available for contract support costs arising out of self-determination or self-gov- ernance 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 con- tract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract 13 support costs for prior years.
FOREST MANAGEMENT PLANS SEC.

407.

The Secretary of Agriculture shall not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.

1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Plan- ning Act (16 U.S.C.

1600 et seq.)

or any other law: Pro- vided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
909 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 accel- erated basis.

PROHIBITION WITHIN NATIONAL MONUMENTS SEC.

408.

No funds provided in this Act may be ex- pended 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.)
1331 et seq.)

within the boundaries of a National Monu- ment 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 monu- 15 ment.

16 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 dec- larations of taking or complaints in condemnation without the approval of the House and Senate Committees on Ap- propriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades Na- tional Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
Florida to acquire lands for Everglades restoration pur- 910 poses.

PROHIBITION ON NO-BID CONTRACTS SEC.

410.
None of the funds appropriated or other- wise made available by this Act to executive branch agen- cies may be used to enter into any Federal contract unless such contract is entered into in accordance with the re- quirements 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 con- tract to be entered into without regard for these re- quirements, 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 avail- able in this Act, shall, subject to subsections (b) and (c), December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
911 post on the public website of that agency any report re- quired to be submitted by the Congress in this or any other Act, upon the determination by the head of the agen- cy that it shall serve the national interest.

(b) Subsection (a) shall not apply to a report if— (1) the public posting of the report com- promises 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 12 no less than 45 days.

13 14 15 NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES SEC.

412.
412.

Of the funds provided to the National En- 16 dowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such in- dividual for a literature fellowship, National Herit- age Fellowship, or American Jazz Masters Fellow- ship.
(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

912 any other organization or individual to conduct ac- tivity 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.
413.

(a) In providing services or awarding fi- nancial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appro- priated 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 minori- ties, 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
913 (2) The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with sec- tion 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 as- sistance 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 serv- ices or awarding financial assistance for projects, produc- tions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts.
16 17 (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Hu- 18 manities Act of 1965— (1) the Chairperson shall establish a grant cat- egory for projects, productions, workshops, or pro- grams that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants ex- ceeding 15 percent, in the aggregate, of such funds December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
914 to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Con- gress annually and by State, on grants awarded by the Chairperson in each grant category under sec- tion 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 Envi- ronmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Sen- ate quarterly reports on the status of balances of appro- priations including all uncommitted, committed, and unob- ligated 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 graz- ing 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

915 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 crimi- nal 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 adminis- tered 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 ad- ministered by the Secretary concerned to other Federal, State, and local government agencies for use as work ani- mals.
(b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Fed- eral, State, or local government agency.

(c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

916 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 re- ceiving an excess wild horse or burro pursuant to sub- section (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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
917 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 ‘‘Sep- tember 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 au- thorized 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, rein- forced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or cat- egory of cases in which the Administrator of the Environ- mental Protection Agency (in this section referred to as the ‘‘Administrator’’) finds that— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
918 (1) applying subsection (a) would be incon- sistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably avail- able quantities and of a satisfactory quality; or (3) inclusion of iron and steel products pro- duced 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 waiv- er under this section, the Administrator shall make avail- able to the public on an informal basis a copy of the re- quest and information available to the Administrator con- cerning 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 Inter- net Web site of the Environmental Protection Agency.

(d) This section shall be applied in a manner con- sistent with United States obligations under international agreements.
22 23 24 (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

919 the provisions described in subsection (a)(1) for manage- ment and oversight of the requirements of this section.

LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS- FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES SEC.

420.
420.

The Secretary of the Interior is authorized to enter into grants and cooperative agreements with vol- unteer 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 sec- tion 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 man- agement program to such organizations.

RECREATION FEES SEC.

421.

Section 810 of the Federal Lands Recre- ation Enhancement Act (16 U.S.C.
6809) shall be applied by substituting ‘‘October 1, 2024’’ for ‘‘September 30, 2019’’.

23 24 25 REPROGRAMMING GUIDELINES SEC.

422.

None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
920 without the advance approval of the House and Senate Committees on Appropriations in accordance with the re- programming 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.
424.

Section 422 of division F of Public Law 110–161 (121 Stat 1844), as amended, shall be applied by substituting ‘‘fiscal year 2023’’ for ‘‘fiscal year 2019’’.

INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION SEC.

425.

Section 426 of division G of Public Law 113–76 (16 U.S.C.

565a–1 note) shall be applied by sub- stituting ‘‘September 30, 2023’’ for ‘‘September 30, 2019’’.

20 PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION SEC.

426.
426.

The authority provided by the 19th un- numbered paragraph under heading ‘‘Administrative Pro- visions, Forest Service’’ in title III of Public Law 109– 54, as amended, shall be applied by substituting ‘‘fiscal year 2023’’ for ‘‘fiscal year 2019’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

921 FOREST BOTANICAL PRODUCTS FEE COLLECTION AUTHORIZATION EXTENSION SEC.

427.
427.

Section 339 of the Department of the Inte- rior 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 ap- plied 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 Manage- ment and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the ex- planatory statement described in section 4 in the matter preceding division A of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
TRIBAL LEASES SEC.

429.

(a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

922 Act (25 U.S.C.

5324(l)), the initial lease term shall com- mence no earlier than the date of receipt of the lease pro- posal.
(b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2023 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5324(l)) on how to implement a consistent and transparent process for the payment of such leases.

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND SEC.

430.
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 sub- stituting ‘‘fiscal year 2023’’ for ‘‘fiscal year 2020’’ each place it appears.

19 ALLOCATION OF PROJECTS, NATIONAL PARKS AND PUB- LIC LAND LEGACY RESTORATION FUND AND LAND AND WATER CONSERVATION FUND SEC.

431.
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
923 to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such sec- tion of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled ‘‘Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Sec- retary 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 ‘‘Al- location of Funds: Land and Water Conservation Fund Fiscal Year 2023’’ in the explanatory statement described in section 4 (in the matter preceding division A of this 22 consolidated Act).
23 24 25 (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
924 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 sub- sections (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 ad- ministration of programs allocated funds from the Na- tional 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 13 (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 Res- toration Fund Fiscal Year 2023’’ to any project funded by the National Parks and Public Land Legacy Restora- tion Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following require- 23 ments: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
925 (1) ‘‘Contingency Fund’’ amounts may only be reallocated if there is a risk to project completion re- sulting 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 fund- ed by the National Parks and Public Land Legacy Restoration Fund; and (3) The Secretary of the Interior or the Sec- retary of Agriculture must provide written notifica- tion to the Committees on Appropriations 30 days before taking any actions authorized by this sub- section if the amount reallocated from the ‘‘Contin- gency 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: Na- tional Parks and Public Land Legacy Restora- tion Fund Fiscal Year 2023’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); or (B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
926 suant to section 431(e) of division G of the Consolidated Appropriations Act, 2022 (Public Law 117–103).
(d)(1) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of the Interior and the Secretary of Agriculture shall each sub- mit 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 allo- cations 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.
24 25 (2)(A) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
927 Interior and the Secretary of Agriculture shall each sub- mit 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 ‘‘Sub- mission 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 realloca- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
928 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 sub- mit 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 in- formation 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 re- 19 quired by subparagraph (A).
(e) The Department of the Interior and the Depart- ment of Agriculture shall provide the Committees on Ap- propriations 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
929 to subsection (a)(1) of this section and the status of bal- ances 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 uncom- mitted, committed, and unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy Restora- tion 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 Environ- mental Protection Agency shall, consistent with their mis- 16 sions, jointly— (1) ensure that Federal policy relating to forest bioenergy— (A) is consistent across all Federal depart- ments and agencies; and (B) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
930 (2) establish clear and simple policies for the use of forest biomass as an energy solution, includ- ing policies that— (A) reflect the carbon neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest bio- mass for energy production does not cause con- version of forests to non-forest use; (B) encourage private investment through- out 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 im- prove forest health; and (D) recognize State initiatives to produce and use forest biomass.
SMALL REMOTE INCINERATORS SEC.

433.

None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
931 CCCC and DDDD with respect to units in the State of Alaska that are defined as ‘‘small, remote incinerator’’ units in those regulations and, until a subsequent regula- tion is issued, the Administrator shall implement the law and regulations in effect prior to such date.

TIMBER SALE REQUIREMENTS SEC.

434.


No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal.
The west- ern 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 addi- tional western red cedar volume not sold to Alaska or con- tiguous 48 United States domestic processors may be ex- ported 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

932 TRANSFER AUTHORITY TO FEDERAL HIGHWAY ADMINIS- TRATION FOR THE NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND SEC.

435.
435.

Funds made available or allocated in this Act to the Department of the Interior or the Department of Agriculture that are subject to the allocations and limi- tations 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 10 projects of the covered agencies defined in 54 U.S.C.

11 200401(2).

12 PROHIBITION ON USE OF FUNDS SEC.

436.
436.

Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act (42 U.S.C.

7661 et seq.)

for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with live- 20 stock production.

21 22 23 24 GREENHOUSE GAS REPORTING RESTRICTIONS SEC.

437.
437.

Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

933 if that provision requires mandatory reporting of green- house gas emissions from manure management systems.

FUNDING PROHIBITION SEC.

438.


None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C.

2601 et seq.)

or any other law.

ROAD CONSTRUCTION SEC.

439.

Section 8206(a)(4)(B)(i) of the Agricul- tural Act of 2014 (16 U.S.C.

2113a(a)(4)(B)(i)) is amended by inserting ‘‘or Bureau of Land Management managed’’ after ‘‘National Forest System’’.
FIREFIGHTER PAY CAP SEC.

440.

Section 1701 of division B of the Extend- ing Government Funding and Delivering Emergency As- sistance Act (5 U.S.C.
5547 note), as amended by Public Law 117–103, is further amended— (1) in subsection (a)(1), by striking the last sentence and inserting ‘‘Any Services during a given calendar year that generate payments payable in the subsequent calendar year shall be disregarded in ap- plying this subsection’’; and (2) in subsections (a), (b), and (c) by inserting ‘‘or 2023’’ after ‘‘or 2022’’ each place it appears.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

934 FOREST SERVICE INTEREST BEARING ACCOUNT SEC.

441.

(a) INVESTMENT AUTHORITY.—Any mon- ies covered into the Treasury under section 7 of the Act of June 20, 1958 (Public Law 85–464; 16 U.S.C.
579c), including all monies that were previously collected by the United States in a forfeiture, judgment, compromise, or settlement, shall be invested by the Secretary of the Treas- ury in interest bearing obligations of the United States to the extent the amounts are not, in the judgment of the 10 Secretary of the Treasury, required to meet current with- 11 drawals.
(b) AVAILABILITY OF FUNDS.—Any interest earned under subsection (a) shall be available in the same manner as the monies covered into the Treasury under section 7 of the Act of June 20, 1958 (Public Law 85–464; 16 U.S.C.

579c) to cover the costs to the United States speci- 17 fied in section 7 of that Act.
(c) USE OF FUNDS.—Any portion of the monies re- ceived or earned under subsection (a) in excess of the amount expended in performing the work necessitated by the action which led to their receipt may be used to cover the other work specified in section 7 of the Act of June 20, 1958 (Public Law 85–464; 16 U.S.C.

579c).

(d) EFFECTIVE DATE.—This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

935 TECHNICAL CORRECTION SEC.

442.
In the table entitled ‘‘Interior and Environ- ment Incorporation of Community Project Funding Items/ Congressionally Directed Spending Items’’ in the explana- tory statement described in section 4 in the matter pre- ceding division A of Public Law 117–103 and in the table under the heading ‘‘Disclosure of Earmarks and Congres- sionally Directed Spending Items’’ in such explanatory statement, the project relating to ‘‘City of Metlakatla for Solid Waste Multi Use Portable Shredder’’ is deemed to be amended by striking ‘‘City of Metlakatla for Solid Waste Multi Use Portable Shredder’’ and inserting ‘‘Metlakatla Indian Community for Solid Waste Multi Use Portable Shredder’’.
HAZARDOUS SUBSTANCE SUPERFUND SEC.

443.

(a) Section 613 of title VI of division J of Public Law 117–58 is repealed.
(b) For this fiscal year and each fiscal year there- after, such sums as are available in the Hazardous Sub- stance Superfund established under section 9507 of the Internal Revenue Code of 1986 at the end of the preceding fiscal year from taxes received in the Treasury under sub- section (b)(1) of such section shall be available, without further appropriation, to remain available until expended, to be used to carry out the Comprehensive Environmental December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
936 Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.

): Provided, That the amount provided by this subsection is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con.

Res.

14 (117th Congress), the con- current resolution on the budget for fiscal year 2022, and section 1(e) of H. Res.

1151 (117th Congress), as en- grossed in the House of Representatives on June 8, 2022.
(c) Expenditures made pursuant to section 613 of title VI of division J of Public Law 117–58 shall be charged to the appropriation in subsection (b).

GOLDEN GATE NATIONAL RECREATION AREA SEC.

444.

Section 3 of Public Law 92–592 (16 U.S.C.
460cc–2) is amended by adding at the end the fol- 15 lowing: 16 ‘‘(j) AUTHORITY TO GRANT EASEMENTS AND 17 RIGHTS-OF-WAY PERMIT.— ‘‘(1) IN GENERAL.—The Secretary of the Inte- rior may grant, to any State or local government, an easement or right-of-way permit over Federal lands within Golden Gate National Recreation Area for op- eration and maintenance of projects for control and prevention of flooding and shoreline erosion and as- sociated structures for continued public access.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

937 ‘‘(2) CHARGES AND REIMBURSEMENTS OF COSTS.—The Secretary may grant such an easement or right-of-way permit without charge for the value of the use so conveyed, except for reimbursement of costs incurred by the United States for processing the application therefore and managing such use.

Amounts received as such reimbursement shall be credited to the relevant appropriation account.’’.
ALASKA NATIVE REGIONAL HEALTH ENTITIES AUTHORIZATION EXTENSION SEC.

445.

Section 424(a) of title IV of division G of the Consolidated Appropriations Act, 2014 (Public Law 113–76) shall be applied by substituting ‘‘October 1, 2023’’ for ‘‘December 24, 2022’’.

This division may be cited as the ‘‘Department of the Interior, Environment, and Related Agencies Appropria- tions Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
938 DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION TRAINING AND EMPLOYMENT SERVICES For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’) and the National Apprenticeship Act, $4,140,911,000, plus reimbursements, shall be available.
Of the amounts provided: (1) for grants to States for adult employment and training activities, youth activities, and dis- located worker employment and training activities, $2,929,332,000 as follows: (A) $885,649,000 for adult employment and training activities, of which $173,649,000 shall be available for the period July 1, 2023 through June 30, 2024, and of which $712,000,000 shall be available for the period October 1, 2023 through June 30, 2024; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
939 (B) $948,130,000 for youth activities, which shall be available for the period April 1, 2023 through June 30, 2024; and (C) $1,095,553,000 for dislocated worker employment and training activities, of which $235,553,000 shall be available for the period July 1, 2023 through June 30, 2024, and of which $860,000,000 shall be available for the period October 1, 2023 through June 30, 2024: Provided, That the funds available for allotment to outlying areas to carry out subtitle B of title I of the WIOA shall not be subject to the requirements of section 127(b)(1)(B)(ii) of such Act: Provided fur- ther, That notwithstanding the requirements of WIOA, outlying areas may submit a single applica- tion for a consolidated grant that awards funds that would otherwise be available to such areas to carry out the activities described in subtitle B of title I of the WIOA: Provided further, That such application shall be submitted to the Secretary of Labor (re- ferred to in this title as ‘‘Secretary’’), at such time, in such manner, and containing such information as the Secretary may require: Provided further, That outlying areas awarded a consolidated grant de- scribed in the preceding provisos may use the funds December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
940 for any of the programs and activities authorized under such subtitle B of title I of the WIOA subject to approval of the application and such reporting re- quirements issued by the Secretary; and (2) for national programs, $1,211,579,000 as follows: (A) $325,859,000 for the dislocated work- ers assistance national reserve, of which $125,859,000 shall be available for the period July 1, 2023 through September 30, 2024, and of which $200,000,000 shall be available for the period October 1, 2023 through September 30, 2024: Provided, That funds provided to carry out section 132(a)(2)(A) of the WIOA may be used to provide assistance to a State for state- wide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; co- ordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further, That funds provided to carry out sec- tions 168(b) and 169(c) of the WIOA may be used for technical assistance and demonstration December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
941 projects, respectively, that provide assistance to new entrants in the workforce and incumbent workers: Provided further, That notwithstanding section 168(b) of the WIOA, of the funds pro- vided under this subparagraph, the Secretary may reserve not more than 10 percent of such funds to provide technical assistance and carry out additional activities related to the transition to the WIOA: Provided further, That of the funds provided under this subparagraph, $115,000,000 shall be for training and employ- ment assistance under sections 168(b), 169(c) (notwithstanding the 10 percent limitation in such section) and 170 of the WIOA as follows: (i) $50,000,000 shall be for workers in the Appalachian region, as defined by 40 U.S.C.
14102(a)(1), workers in the Lower Mississippi, as defined in section 4(2) of the Delta Development Act (Public Law 100–460, 102 Stat.

2246; 7 U.S.C.

2009aa(2)), and workers in the region served by the Northern Border Regional Commission, as defined by 40 U.S.C.

15733; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
942 (ii) $65,000,000 shall be for the pur- pose of developing, offering, or improving educational or career training programs at community colleges, defined as public insti- tutions of higher education, as described in section 101(a) of the Higher Education Act of 1965 and at which the associate’s degree is primarily the highest degree awarded, with other eligible institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, eligible to participate through con- sortia, with community colleges as the lead grantee: Provided, That the Secretary shall follow the requirements for the program in House Report 116–62: Provided further, That any grant funds used for apprentice- ships shall be used to support only appren- ticeship programs registered under the Na- tional Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA; (B) $60,000,000 for Native American pro- grams under section 166 of the WIOA, which shall be available for the period July 1, 2023 through June 30, 2024; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
943 (C) $97,396,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $90,134,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $6,591,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $671,000 for other discretionary purposes, which shall be available for the period April 1, 2023 through June 30, 2024: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action lim- iting the number or proportion of eligible par- ticipants receiving related assistance services or discouraging grantees from providing such serv- ices: Provided further, That notwithstanding the definition of ‘‘eligible seasonal farmworker’’ in section 167(i)(3)(A) of the WIOA relating to an individual being ‘‘low-income’’, an individual is eligible for migrant and seasonal farmworker programs under section 167 of the WIOA under that definition if, in addition to meeting the re- quirements of clauses (i) and (ii) of section 167(i)(3)(A), such individual is a member of a December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
944 family with a total family income equal to or less than 150 percent of the poverty line; (D) $105,000,000 for YouthBuild activi- ties as described in section 171 of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024; (E) $115,000,000 for ex-offender activi- ties, under the authority of section 169 of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024: Provided, That of this amount, $30,000,000 shall be for competitive grants to national and regional intermediaries for activities that prepare for employment young adults with criminal legal histories, young adults who have been justice system-involved, or young adults who have dropped out of school or other educational pro- grams, with a priority for projects serving high- crime, high-poverty areas; (F) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2023 through June 30, 2024; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
945 (G) $285,000,000 to expand opportunities through apprenticeships only registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA, to be avail- able to the Secretary to carry out activities through grants, cooperative agreements, con- tracts and other arrangements, with States and other appropriate entities, including equity intermediaries and business and labor industry partner intermediaries, which shall be available for the period July 1, 2023 through June 30, 2024; and (H) $217,324,000 for carrying out Dem- onstration and Pilot projects under section 169(c) of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024, in addition to funds available for such ac- tivities under subparagraph (A) for the projects, and in the amounts, specified in the table titled ‘‘Community Project Funding/Con- gressionally Directed Spending’’ included for this division in the explanatory statement de- scribed in section 4 (in the matter preceding di- vision A of this consolidated Act): Provided, That such funds may be used for projects that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
946 are related to the employment and training needs of dislocated workers, other adults, or youth: Provided further, That the 10 percent funding limitation under such section of the WIOA shall not apply to such funds: Provided further, That section 169(b)(6)(C) of the WIOA shall not apply to such funds: Provided further, That sections 102 and 107 of this Act shall not apply to such funds.
JOB CORPS (INCLUDING TRANSFER OF FUNDS) To carry out subtitle C of title I of the WIOA, includ- ing Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alter- ation, and repairs of buildings and other facilities, and the purchase of real property for training centers as author- ized by the WIOA, $1,760,155,000, plus reimbursements, as follows: (1) $1,603,325,000 for Job Corps Operations, which shall be available for the period July 1, 2023 through June 30, 2024; (2) $123,000,000 for construction, rehabilita- tion and acquisition of Job Corps Centers, which shall be available for the period July 1, 2023 through June 30, 2026, and which may include the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
947 acquisition, maintenance, and repair of major items of equipment: Provided, That the Secretary may transfer up to 15 percent of such funds to meet the operational needs of such centers or to achieve ad- ministrative efficiencies: Provided further, That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June 30, 2023: Provided further, That the Committees on Ap- propriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and (3) $33,830,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2022 through September 30, 2023: Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps Centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS To carry out title V of the Older Americans Act of 1965 (referred to in this Act as ‘‘OAA’’), $405,000,000, which shall be available for the period April 1, 2023 through June 30, 2024, and may be recaptured and reobli- gated in accordance with section 517(c) of the OAA.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
948 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES For payments during fiscal year 2023 of trade ad- justment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of the Trade Adjust- ment Assistance Extension Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension Act of 2015, and section 285(a) of the Trade Act of 1974, as amended, $494,400,000 together with such amounts as may be nec- essary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2023: Provided, That notwithstanding section 502 of this Act, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section 245(c) of the Trade Act of 1974 (19 U.S.C.
2317(c)).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
949 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS (INCLUDING TRANSFER OF FUNDS) For authorized administrative expenses, $84,066,000, together with not to exceed $3,925,084,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which— (1) $3,134,635,000 from the Trust Fund is for grants to States for the administration of State un- employment insurance laws as authorized under title III of the Social Security Act (including not less than $375,000,000 to carry out reemployment serv- ices and eligibility assessments under section 306 of such Act, any claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, may be eligible for such services and assessments: Pro- vided, That of such amount, $117,000,000 is speci- fied for grants under section 306 of the Social Secu- rity Act and is provided to meet the terms of a con- current resolution on the budget in the Senate and section 1(j)(2) of H. Res.
1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022, and $258,000,000 is additional new budget December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
950 authority specified for purposes of a concurrent res- olution on the budget in the Senate and section 1(j) of such House resolution; and $9,000,000 for con- tinued support of the Unemployment Insurance In- tegrity Center of Excellence), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C.
8501–8523, and the administration of trade read- justment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assist- ance under the Trade Act of 1974 and under section 231(a) of the Trade Adjustment Assistance Exten- sion Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension Act of 2015, and sec- tion 285(a) of the Trade Act of 1974, as amended, and shall be available for obligation by the States through December 31, 2023, except that funds used for automation shall be available for Federal obliga- tion through December 31, 2023, and for State obli- gation through September 30, 2025, or, if the auto- mation is being carried out through consortia of States, for State obligation through September 30, 2029, and for expenditure through September 30, 2030, and funds for competitive grants awarded to States for improved operations and to conduct in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
951 person reemployment and eligibility assessments and unemployment insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall be available for Fed- eral obligation through December 31, 2023 (except that funds for outcome payments pursuant to sec- tion 306(f)(2) of the Social Security Act shall be available for Federal obligation through March 31, 2024), and for obligation by the States through Sep- tember 30, 2025, and funds for the Unemployment Insurance Integrity Center of Excellence shall be available for obligation by the State through Sep- tember 30, 2024, and funds used for unemployment insurance workloads experienced through September 30, 2023 shall be available for Federal obligation through December 31, 2023; (2) $23,000,000 from the Trust Fund is for na- tional activities necessary to support the administra- tion of the Federal-State unemployment insurance system; (3) $658,639,000 from the Trust Fund, to- gether with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
952 be available for Federal obligation for the period July 1, 2023 through June 30, 2024; (4) $25,000,000 from the Trust Fund is for na- tional activities of the Employment Service, includ- ing administration of the work opportunity tax cred- it under section 51 of the Internal Revenue Code of 1986 (including assisting States in adopting or mod- ernizing information technology for use in the proc- essing of certification requests), and the provision of technical assistance and staff training under the Wagner-Peyser Act; (5) $83,810,000 from the Trust Fund is for the administration of foreign labor certifications and re- lated activities under the Immigration and Nation- ality Act and related laws, of which $60,528,000 shall be available for the Federal administration of such activities, and $23,282,000 shall be available for grants to States for the administration of such activities; and (6) $62,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wag- ner-Peyser Act and shall be available for Federal ob- ligation for the period July 1, 2023 through June 30, 2024, of which up to $9,800,000 may be used December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
953 to carry out research and demonstration projects re- lated to testing effective ways to promote greater labor force participation of people with disabilities: Provided, That the Secretary may transfer amounts made available for research and demonstration projects under this paragraph to the ‘‘Office of Dis- ability Employment Policy’’ account for such pur- poses: Provided, That to the extent that the Average Weekly In- sured Unemployment (‘‘AWIU’’) for fiscal year 2023 is projected by the Department of Labor to exceed 1,778,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary may use funds appropriated for grants to States under title III of the Social Security December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
954 Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act: Provided further, That the Sec- retary may use funds appropriated for grants to States under title III of the Social Security Act to make pay- ments on behalf of States to the entity operating the State Information Data Exchange System: Provided further, That funds appropriated in this Act which are used to es- tablish a national one-stop career center system, or which are used to support the national activities of the Federal- State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non-State entities: Provided further, That States awarded competitive grants for improved operations under title III of the Social Secu- rity Act, or awarded grants to support the national activi- ties of the Federal-State unemployment insurance system, may award subgrants to other States and non-State enti- ties under such grants, subject to the conditions applicable to the grants: Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment In- surance and Employment Service automation efforts, not- withstanding cost allocation principles prescribed under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
955 the final rule entitled ‘‘Uniform Administrative Require- ments, Cost Principles, and Audit Requirements for Fed- eral Awards’’ at part 200 of title 2, Code of Federal Regu- lations: Provided further, That the Secretary, at the re- quest of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium or to the entity operating the Unemploy- ment Insurance Information Technology Support Center in order to carry out activities that benefit the administra- tion of the unemployment compensation law of the State making the request: Provided further, That the Secretary may collect fees for the costs associated with additional data collection, analyses, and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and private institu- tions of higher education, and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C.
9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited to this appropriation and shall re- main available until September 30, 2024, for such pur- 24 poses.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
956 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the In- ternal Revenue Code of 1986; and for nonrepayable ad- vances to the revolving fund established by section 901(e) of the Social Security Act, to the Unemployment Trust Fund as authorized by 5 U.S.C.
8509, and to the ‘‘Federal Unemployment Benefits and Allowances’’ account, such sums as may be necessary, which shall be available for obligation through September 30, 2024.

PROGRAM ADMINISTRATION For expenses of administering employment and train- ing programs, $118,900,000, together with not to exceed $54,015,000 which may be expended from the Employ- ment Security Administration Account in the Unemploy- 19 ment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Employee Benefits Security Administration, $191,100,000, of which up to $3,000,000 shall be made available through September 30, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

957 2024, for the procurement of expert witnesses for enforce- ment litigation.
PENSION BENEFIT GUARANTY CORPORATION PENSION BENEFIT GUARANTY CORPORATION FUND The Pension Benefit Guaranty Corporation (‘‘Cor- poration’’) is authorized to make such expenditures, in- cluding financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, as may be necessary in carrying out the program, includ- ing associated administrative expenses, through Sep- tember 30, 2023, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2023 shall be available for obligations for administra- tive expenses in excess of $493,314,000: Provided further, That to the extent that the number of new plan partici- pants in plans terminated by the Corporation exceeds 100,000 in fiscal year 2023, an amount not to exceed an additional $9,200,000 shall be available through Sep- tember 30, 2027, for obligations for administrative ex- penses for every 20,000 additional terminated partici- pants: Provided further, That obligations in excess of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
958 amounts provided for administrative expenses in this para- graph may be incurred and shall be available through Sep- tember 30, 2027 for obligation for unforeseen and extraor- dinary pre-termination or termination expenses or extraor- dinary multiemployer program related expenses after ap- proval by the Office of Management and Budget and noti- fication of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That an additional amount shall be available for obligation through September 30, 2027 to the extent the Corpora- tion’s costs exceed $250,000 for the provision of credit or identity monitoring to affected individuals upon suffering a security incident or privacy breach, not to exceed an ad- ditional $100 per affected individual.
WAGE AND HOUR DIVISION SALARIES AND EXPENSES For necessary expenses for the Wage and Hour Divi- sion, including reimbursement to State, Federal, and local agencies and their employees for inspection services ren- dered, $260,000,000.

21 22 23 24 OFFICE OF LABOR-MANAGEMENT STANDARDS SALARIES AND EXPENSES For necessary expenses for the Office of Labor-Man- agement Standards, $48,515,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

959 OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS SALARIES AND EXPENSES For necessary expenses for the Office of Federal Con- tract Compliance Programs, $110,976,000.
OFFICE OF WORKERS’ COMPENSATION PROGRAMS SALARIES AND EXPENSES For necessary expenses for the Office of Workers’ Compensation Programs, $120,500,000, together with $2,205,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act.
SPECIAL BENEFITS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation, benefits, and ex- penses (except administrative expenses not otherwise au- thorized) accruing during the current or any prior fiscal year authorized by 5 U.S.C.

81; continuation of benefits as provided for under the heading ‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.

App.
App.

2012); obligations incurred under the War Hazards Compensation Act (42 U.S.C.

1701 et seq.

); and 50 per- cent of the additional compensation and benefits required December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
960 by section 10(h) of the Longshore and Harbor Workers’ Compensation Act, $250,000,000, together with such amounts as may be necessary to be charged to the subse- quent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year, for deposit into and to assume the attributes of the Employees’ Compensation Fund es- tablished under 5 U.S.C.
8147(a): Provided, That amounts appropriated may be used under 5 U.S.C.
8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on Sep- tember 30, 2022, shall remain available until expended for the payment of compensation, benefits, and expenses: Pro- vided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary de- termines to be the cost of administration for employees of such fair share entities through September 30, 2023: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of ad- ministration of the Federal Employees’ Compensation Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
$81,752,000 shall be made available to the Secretary as 961 follows: (1) For enhancement and maintenance of auto- mated data processing systems operations and tele- communications systems, $27,727,000; (2) For automated workload processing oper- ations, including document imaging, centralized mail intake, and medical bill processing, $26,125,000; (3) For periodic roll disability management and medical review, $26,126,000; (4) For program integrity, $1,744,000; and (5) The remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Work- ers’ Compensation Act, provide as part of such notice and claim, such identifying information (including Social Secu- rity account number) as such regulations may prescribe.

SPECIAL BENEFITS FOR DISABLED COAL MINERS For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107– 275, $36,031,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

962 for costs incurred in the current fiscal year, such amounts as may be necessary.

For making benefit payments under title IV for the first quarter of fiscal year 2024, $10,250,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $64,564,000, to remain available until expended: Pro- vided, That the Secretary may require that any person fil- ing a claim for benefits under the Act provide as part of such claim such identifying information (including Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND (INCLUDING TRANSFER OF FUNDS) Such sums as may be necessary from the Black Lung Disability Trust Fund (the ‘‘Fund’’), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Rev- enue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for fiscal year 2023 for expenses of operation and administration of the Black Lung Bene- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
963 fits program, as authorized by section 9501(d)(5): not to exceed $42,194,000 for transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries and Expenses’’; not to exceed $38,407,000 for transfer to Departmental Manage- ment, ‘‘Salaries and Expenses’’; not to exceed $353,000 for transfer to Departmental Management, ‘‘Office of In- spector General’’; and not to exceed $356,000 for pay- ments into miscellaneous receipts for the expenses of the Department of the Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Occupational Safety and Health Administration, $632,309,000, including not to exceed $120,000,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the ‘‘Act’’), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act; and, in addition, notwith- standing 31 U.S.C.
3302, the Occupational Safety and Health Administration may retain up to $499,000 per fis- cal year of training institute course tuition and fees, other- wise authorized by law to be collected, and may utilize such sums for occupational safety and health training and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

964 education: Provided, That notwithstanding 31 U.S.C.
3302, the Secretary is authorized, during the fiscal year ending September 30, 2023, to collect and retain fees for services provided to Nationally Recognized Testing Lab- oratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C.
9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided fur- ther, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a Days Away, Re- stricted, or Transferred (‘‘DART’’) occupational injury and illness rate, at the most precise industrial classifica- tion code for which such data are published, less than the national average rate as such rates are most recently pub- lished by the Secretary, acting through the Bureau of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
Labor Statistics, in accordance with section 24 of the Act, 965 except— (1) to provide, as authorized by the Act, con- sultation, technical assistance, educational and train- ing services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a cita- tion for violations found during such inspection, and to assess a penalty for violations which are not cor- rected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which re- sults in hospitalization of two or more employees, and to take any action pursuant to such investiga- tion authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
966 Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and em- ploys 10 or fewer employees: Provided further, That $12,787,000 shall be available for Susan Harwood train- ing grants, of which not more than $6,500,000 is for Susan Harwood Training Capacity Building Develop- mental grants, for program activities starting not later than September 30, 2023 and lasting for a period of 12 months: Provided further, That not less than $3,500,000 shall be for Voluntary Protection Programs.
MINE SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Mine Safety and Health Administration, $387,816,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of pas- senger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $10,537,000 for State assistance grants: Provided, That notwithstanding 31 U.S.C.
3302, not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

967 training activities: Provided further, That notwithstanding 31 U.S.C.
3302, the Mine Safety and Health Administra- tion is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities: Provided further, That the Secretary is authorized to accept lands, build- ings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations: Provided further, That the Secretary is authorized to rec- ognize the Joseph A. Holmes Safety Association as a prin- cipal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safe- ty and Health Administration officials as officers in local chapters or in the national organization: Provided further, That any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the 25 event of a major disaster.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

968 BUREAU OF LABOR STATISTICS SALARIES AND EXPENSES For necessary expenses for the Bureau of Labor Sta- tistics, including advances or reimbursements to State, Federal, and local agencies and their employees for serv- ices rendered, $629,952,000, together with not to exceed $68,000,000 which may be expended from the Employ- ment Security Administration account in the Unemploy- ment Trust Fund.
OFFICE OF DISABILITY EMPLOYMENT POLICY SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $43,000,000, of which not less than $9,000,000 shall be for research and demonstration projects related to testing effective ways to promote great- er labor force participation of people with disabilities: Pro- vided, That the Secretary may transfer amounts made available under this heading for research and demonstra- tion projects to the ‘‘State Unemployment Insurance and Employment Service Operations’’ account for such pur- poses.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
969 DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for Departmental Manage- ment, including the hire of three passenger motor vehicles, $391,889,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, That $81,725,000 for the Bureau of International Labor Affairs shall be available for obliga- tion through December 31, 2023: Provided further, That funds available to the Bureau of International Labor Af- fairs may be used to administer or operate international labor activities, bilateral and multilateral technical assist- ance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements: Provided fur- ther, That not less than $30,175,000 shall be for programs to combat exploitative child labor internationally and not less than $30,175,000 shall be used to implement model programs that address worker rights issues through tech- nical assistance in countries with which the United States has free trade agreements or trade preference programs: Provided further, That $8,281,000 shall be used for pro- gram evaluation and shall be available for obligation through September 30, 2024: Provided further, That funds December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
970 available for program evaluation may be used to admin- ister grants for the purpose of evaluation: Provided fur- ther, That grants made for the purpose of evaluation shall be awarded through fair and open competition: Provided further, That funds available for program evaluation may be transferred to any other appropriate account in the De- partment for such purpose: Provided further, That the Committees on Appropriations of the House of Represent- atives and the Senate are notified at least 15 days in ad- vance of any transfer: Provided further, That the funds available to the Women’s Bureau may be used for grants to serve and promote the interests of women in the work- force: Provided further, That of the amounts made avail- able to the Women’s Bureau, not less than $5,000,000 shall be used for grants authorized by the Women in Ap- prenticeship and Nontraditional Occupations Act.
VETERANS’ EMPLOYMENT AND TRAINING Not to exceed $269,841,000 may be derived from the Employment Security Administration account in the Un- employment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, 22 of which— 23 24 25 (1) $185,000,000 is for Jobs for Veterans State grants under 38 U.S.C.

4102A(b)(5) to support dis- abled veterans’ outreach program specialists under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
971 section 4103A of such title and local veterans’ em- ployment representatives under section 4104(b) of such title, and for the expenses described in section 4102A(b)(5)(C), which shall be available for expend- iture by the States through September 30, 2025, and not to exceed 3 percent for the necessary Fed- eral expenditures for data systems and contract sup- port to allow for the tracking of participant and per- formance information: Provided, That, in addition, such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Pro- gram and have been identified as in need of inten- sive services, to members of the Armed Forces who are wounded, ill, or injured and receiving treatment in military treatment facilities or warrior transition units, and to the spouses or other family caregivers of such wounded, ill, or injured members; (2) $34,379,000 is for carrying out the Transi- tion Assistance Program under 38 U.S.C.
4113 and 10 U.S.C.

1144; (3) $47,048,000 is for Federal administration of chapters 41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of title 38, United States December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
972 Code: Provided, That, up to $500,000 may be used to carry out the Hire VETS Act (division O of Pub- lic Law 115–31); and (4) $3,414,000 is for the National Veterans’ Employment and Training Services Institute under 38 U.S.C.

4109: Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount not to exceed 3 percent of the appropria- tion from which such reallocation is made.
In addition, from the General Fund of the Treasury, $65,500,000 is for carrying out programs to assist home- less veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided, That notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may award grants through September 30, 2023, to provide services under such sec- tion: Provided further, That services provided under sec- tions 2021 or under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were homeless at some point within the 60 days prior to program entry or veterans who are at risk of homelessness within the next 60 days, and that services provided under section 2023 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
973 may include, in addition to services to the individuals de- scribed in subsection (e) of such section, services to vet- erans recently released from incarceration who are at risk of homelessness: Provided further, That notwithstanding paragraph (3) under this heading, funds appropriated in this paragraph may be used for data systems and contract support to allow for the tracking of participant and per- formance information: Provided further, That notwith- standing sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, such funds shall be available for ex- penditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to sec- tion 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended: Provided, That such sums shall be in addition to any other funds available for such purposes, including funds available under paragraph (3) of this heading: Provided further, That section 2(d) of division O of the Consolidated Appropriations Act, 2017 (Public Law 115–31; 38 U.S.C.
4100 note) shall not 23 apply.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

974 IT MODERNIZATION For necessary expenses for Department of Labor cen- tralized infrastructure technology investment activities re- lated to support systems and modernization, $34,269,000, which shall be available through September 30, 2024.
OFFICE OF INSPECTOR GENERAL For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $91,187,000, together with not to exceed $5,841,000 which may be expended from the Em- ployment Security Administration account in the Unem- ployment Trust Fund: Provided, That not more than $2,000,000 of the amount provided under this heading may be available until expended.

GENERAL PROVISIONS SEC.

101.


None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bo- nuses of an individual, either as direct costs or any prora- tion as an indirect cost, at a rate in excess of Executive Level II.

21 22 23 24 25 (TRANSFER OF FUNDS) SEC.

102.


Not to exceed 1 percent of any discre- tionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appro- priated for the current fiscal year for the Department of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
975 Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activ- ity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Commit- tees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance 10 of any transfer.
SEC.

103.

In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or ex- pended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.

SEC.

104.
SEC.

104.

Except as otherwise provided in this sec- tion, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C.

2916a) may be used for any purpose other than competitive grants for training individuals who are older than 16 years of age and are not currently enrolled December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
976 in school within a local educational agency in the occupa- tions and industries for which employers are using H–1B visas to hire foreign workers, and the related activities necessary to support such training.

SEC.

105.
SEC.

105.

None of the funds made available by this Act under the heading ‘‘Employment and Training Ad- ministration’’ shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an indi- vidual, either as direct costs or indirect costs, at a rate in excess of Executive Level II.

This limitation shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133.
Where States are recipients of such funds, States may es- tablish a lower limit for salaries and bonuses of those re- ceiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal pro- grams involved including Employment and Training Ad- 21 ministration programs.
22 23 24 25 (TRANSFER OF FUNDS) SEC.

106.

(a) Notwithstanding section 102, the Sec- retary may transfer funds made available to the Employ- ment and Training Administration by this Act, either di- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
977 rectly or through a set-aside, for technical assistance serv- ices to grantees to ‘‘Program Administration’’ when it is determined that those services will be more efficiently per- formed by Federal employees: Provided, That this section shall not apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to ‘‘Program Admin- istration’’ in order to carry out program integrity activities relating to any of the programs or activities that are fund- ed under any such discretionary appropriations: Provided, That notwithstanding section 102 and the preceding pro- viso, the Secretary may transfer not more than 0.5 percent of funds made available in paragraphs (1) and (2) of the ‘‘Office of Job Corps’’ account to paragraph (3) of such account to carry out program integrity activities related to the Job Corps program: Provided further, That funds transferred under this subsection shall be available to the Secretary to carry out program integrity activities directly or through grants, cooperative agreements, contracts and other arrangements with States and other appropriate en- tities: Provided further, That funds transferred under the authority provided by this subsection shall be available for obligation through September 30, 2024.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

978 (TRANSFER OF FUNDS) SEC.

107.

(a) The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to ‘‘Departmental Man- agement’’ for use by the Office of the Chief Evaluation Officer within the Department of Labor, and shall be available for obligation through September 30, 2024: Pro- vided, That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evalua- tions to be carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Training and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service Employment for Older Americans’’, ‘‘State Unemployment Insurance and Employment Service Operations’’, ‘‘Employee Benefits Security Administra- tion’’, ‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational Safety and Health Adminis- tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
979 fice of Disability Employment Policy’’, funding made available to the ‘‘Bureau of International Labor Affairs’’ and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man- agement, Salaries and Expenses’’ account, and ‘‘Veterans’ Employment and Training’’.

SEC.

108.

(a) Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
207) shall be applied as if the following text is part of such section: ‘‘(s)(1) The provisions of this section shall not apply 10 for a period of 2 years after the occurrence of a major 11 disaster to any employee— ‘‘(A) employed to adjust or evaluate claims re- sulting from or relating to such major disaster, by an employer not engaged, directly or through an af- filiate, in underwriting, selling, or marketing prop- erty, casualty, or liability insurance policies or con- tracts; ‘‘(B) who receives from such employer on aver- age weekly compensation of not less than $591.00 per week or any minimum weekly amount estab- lished by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and ‘‘(C) whose duties include any of the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
980 ‘‘(i) interviewing insured individuals, indi- viduals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; ‘‘(ii) inspecting property damage or review- ing factual information to prepare damage esti- mates; ‘‘(iii) evaluating and making recommenda- tions regarding coverage or compensability of claims or determining liability or value aspects of claims; ‘‘(iv) negotiating settlements; or ‘‘(v) making recommendations regarding litigation.
‘‘(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1).
‘‘(3) For purposes of this subsection— ‘‘(A) the term ‘major disaster’ means any dis- aster or catastrophe declared or designated by any State or Federal agency or department; ‘‘(B) the term ‘employee employed to adjust or evaluate claims resulting from or relating to such major disaster’ means an individual who timely se- cured or secures a license required by applicable law to engage in and perform the activities described in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
981 clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance cov- erage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and ‘‘(C) the term ‘affiliate’ means a company that, by reason of ownership or control of 25 percent or more of the outstanding shares of any class of voting securities of one or more companies, directly or indi- rectly, controls, is controlled by, or is under common control with, another company.’’.
(b) This section shall be effective on the date of en- actment of this Act.

17 18 SEC.

109.
109.

(a) FLEXIBILITY WITH RESPECT TO THE CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE 19 SEAFOOD INDUSTRY.— (1) IN GENERAL.—Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an em- ployer in the seafood industry is granted, the em- ployer may bring the nonimmigrants described in the petition into the United States at any time dur- ing the 120-day period beginning on the start date December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
982 for which the employer is seeking the services of the nonimmigrants without filing another petition.
(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— (A) completes a new assessment of the local labor market by— (i) listing job orders in local news- papers on 2 separate Sundays; and (ii) posting the job opportunity on the appropriate Department of Labor Elec- tronic Job Registry and at the employer’s place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need.
(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
983 during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of sec- tion 655.20(d) of title 20, Code of Federal Regula- tions, or any other applicable provision of law.

(b) H–2B NONIMMIGRANTS DEFINED.—In this sec- tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad- mitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(H)(ii)(B)).

SEC.

110.
SEC.

110.

The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the posi- tion in the geographic area in which the H–2B non- immigrant will be employed, based on the best information available at the time of filing the petition.
In the deter- mination of prevailing wage for the purposes of the H– 2B program, the Secretary shall accept private wage sur- veys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
984 SEC.

111.

None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto.

Further, for the purpose of regulating admission of temporary workers under the H–2B program, the defi- nition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).

SEC.

112.
SEC.

112.

Notwithstanding any other provision of law, the Secretary may furnish through grants, coopera- tive agreements, contracts, and other arrangements, up to $2,000,000 of excess personal property, at a value deter- mined by the Secretary, to apprenticeship programs for the purpose of training apprentices in those programs.

SEC.

113.

(a) The Act entitled ‘‘An Act to create a Department of Labor’’, approved March 4, 1913 (37 Stat.
736, chapter 141) shall be applied as if the following text 18 is part of such Act: 19 20 21 ‘‘SEC.

12.

SECURITY DETAIL.

‘‘(a) IN GENERAL.—The Secretary of Labor is au- thorized to employ law enforcement officers or special 22 agents to— 23 24 25 ‘‘(1) provide protection for the Secretary of Labor during the workday of the Secretary and dur- ing any activity that is preliminary or postliminary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
985 to the performance of official duties by the Sec- retary; ‘‘(2) provide protection, incidental to the protec- tion provided to the Secretary, to a member of the immediate family of the Secretary who is partici- pating in an activity or event relating to the official duties of the Secretary; ‘‘(3) provide continuous protection to the Sec- retary (including during periods not described in paragraph (1)) and to the members of the imme- diate family of the Secretary if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary; and ‘‘(4) provide protection to the Deputy Secretary of Labor or another senior officer representing the Secretary of Labor at a public event if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Sec- retary.
‘‘(b) AUTHORITIES.—The Secretary of Labor may authorize a law enforcement officer or special agent em- ployed under subsection (a), for the purpose of performing the duties authorized under subsection (a), to— ‘‘(1) carry firearms; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
986 ‘‘(2) make arrests without a warrant for any of- fense against the United States committed in the presence of such officer or special agent; ‘‘(3) perform protective intelligence work, in- cluding identifying and mitigating potential threats and conducting advance work to review security mat- ters relating to sites and events; ‘‘(4) coordinate with local law enforcement agencies; and ‘‘(5) initiate criminal and other investigations into potential threats to the security of the Sec- retary, in coordination with the Inspector General of the Department of Labor.
‘‘(c) COMPLIANCE WITH GUIDELINES.—A law en- forcement officer or special agent employed under sub- section (a) shall exercise any authority provided under this section in accordance with any— ‘‘(1) guidelines issued by the Attorney General; and ‘‘(2) guidelines prescribed by the Secretary of Labor.’’.

(b) This section shall be effective on the date of en- actment of this Act.

24 25 SEC.

114.
24 25 SEC.

114.

The Secretary is authorized to dispose of or divest, by any means the Secretary determines appro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

987 priate, including an agreement or partnership to construct a new Job Corps center, all or a portion of the real prop- erty on which the Treasure Island Job Corps Center is situated.
Any sale or other disposition, to include any as- sociated construction project, will not be subject to any requirement of any Federal law or regulation relating to the disposition of Federal real property or relating to Fed- eral procurement, including but not limited to subchapter III of chapter 5 of title 40 of the United States Code, subchapter V of chapter 119 of title 42 of the United States Code, and chapter 33 of division C of subtitle I of title 41 of the United States Code.
The net proceeds of such a sale shall be transferred to the Secretary, which shall be available until expended to carry out the Job Corps Program on Treasure Island.

SEC.

115.
None of the funds made available by this 17 Act may be used to— (1) alter or terminate the Interagency Agree- ment between the United States Department of Labor and the United States Department of Agri- culture; or (2) close any of the Civilian Conservation Cen- ters, except if such closure is necessary to prevent the endangerment of the health and safety of the students, the capacity of the program is retained, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
988 and the requirements of section 159(j) of the WIOA are met.

(RESCISSION) SEC.

116.

Of the unobligated funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.

1356(s)(2)), $142,000,000 are hereby perma- nently rescinded not later than September 30, 2023.

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2023’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
989 TITLE II DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH RESOURCES AND SERVICES ADMINISTRATION PRIMARY HEALTH CARE For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the ‘‘PHS Act’’) with respect to primary health care and the Native Hawai- ian Health Care Act of 1988, $1,858,772,000: Provided, That no more than $1,000,000 shall be available until ex- pended for carrying out the provisions of section 224(o) of the PHS Act: Provided further, That no more than $120,000,000 shall be available until expended for car- rying out subsections (g) through (n) and (q) of section 224 of the PHS Act, and for expenses incurred by the Department of Health and Human Services (referred to in this Act as ‘‘HHS’’) pertaining to administrative claims made under such law.
HEALTH WORKFORCE For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $1,390,376,000: Pro- vided, That section 751(j)(2) of the PHS Act and the pro- portional funding amounts in paragraphs (1) through (4) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
990 of section 756(f) of the PHS Act shall not apply to funds made available under this heading: Provided further, That for any program operating under section 751 of the PHS Act on or before January 1, 2009, the Secretary of Health and Human Services (referred to in this title as the ‘‘Sec- retary’’) may hereafter waive any of the requirements con- tained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant under such sec- tion: Provided further, That section 756(c) of the PHS Act shall apply to paragraphs (1) through (4) of section 756(a) of such Act: Provided further, That no funds shall be available for section 340G–1 of the PHS Act: Provided further, That fees collected for the disclosure of informa- tion under section 427(b) of the Health Care Quality Im- provement Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to re- cover the full costs of operating the programs authorized by such sections and shall remain available until expended for the National Practitioner Data Bank: Provided further, That funds transferred to this account to carry out section 846 and subpart 3 of part D of title III of the PHS Act may be used to make prior year adjustments to awards made under such section and subpart: Provided further, That $125,600,000 shall remain available until expended for the purposes of providing primary health services, as- December 19, 2022 (11:48 p.m.)
 U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
991 signing National Health Service Corps (‘‘NHSC’’) partici- pants to expand the delivery of substance use disorder treatment services, notwithstanding the assignment prior- ities and limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making pay- ments under the NHSC Loan Repayment Program under section 338B of such Act: Provided further, That, within the amount made available in the previous proviso, $15,600,000 shall remain available until expended for the purposes of making payments under the NHSC Loan Re- payment Program under section 338B of the PHS Act to individuals participating in such program who provide primary health services in Indian Health Service facilities, Tribally-Operated 638 Health Programs, and Urban In- dian Health Programs (as those terms are defined by the Secretary), notwithstanding the assignment priorities and limitations under section 333(b) of such Act: Provided fur- ther, That for purposes of the previous two provisos, sec- tion 331(a)(3)(D) of the PHS Act shall be applied as if the term ‘‘primary health services’’ includes clinical sub- stance use disorder treatment services, including those provided by masters level, licensed substance use disorder treatment counselors: Provided further, That of the funds made available under this heading, $6,000,000 shall be available to make grants to establish, expand, or maintain December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
992 optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation proc- ess, with a preference for those in Federally Qualified Health Centers, for practicing postgraduate nurse practi- tioners in primary care or behavioral health: Provided fur- ther, That of the funds made available under this heading, $10,000,000 shall remain available until expended for ac- tivities under section 775 of the PHS Act: Provided fur- ther, That the United States may recover liquidated dam- ages in an amount determined by the formula under sec- tion 338E(c)(1) of the PHS Act if an individual either fails to begin or complete the service obligated by a con- tract under section 775(b) of the PHS Act: Provided fur- ther, That for purposes of section 775(c)(1) of the PHS Act, the Secretary may include other mental and behav- ioral health disciplines as the Secretary deems appro- priate: Provided further, That the Secretary may termi- nate a contract entered into under section 775 of the PHS Act in the same manner articulated in section 206 of this title for fiscal year 2023 contracts entered into under sec- 21 tion 338B of the PHS Act.
22 23 24 25 Of the funds made available under this heading, $60,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
993 such institutions, including funding for infrastructure de- velopment, maintenance, equipment, and minor renova- tions or alterations: Provided, That, in awarding such grants, the Secretary shall give priority to public institu- tions of higher education located in States with a projected primary care provider shortage in 2025, as determined by the Secretary: Provided further, That grants so awarded are limited to such public institutions of higher education in States in the top quintile of States with a projected primary care provider shortage in 2025, as determined by the Secretary: Provided further, That the minimum amount of a grant so awarded to such an institution shall be not less than $1,000,000 per year: Provided further, That such a grant may be awarded for a period not to exceed 5 years: Provided further, That such a grant award- ed with respect to a year to such an institution shall be subject to a matching requirement of non-Federal funds in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant to such institution with respect to such year.
MATERNAL AND CHILD HEALTH For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health and title V of the Social Security Act, $1,171,430,000: Pro- vided, That notwithstanding sections 502(a)(1) and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
994 502(b)(1) of the Social Security Act, not more than $219,116,000 shall be available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act and $10,276,000 shall be available for projects described in subparagraphs (A) through (F) of section 501(a)(3) of such Act.
RYAN WHITE HIV/AIDS PROGRAM For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,571,041,000, of which $2,045,630,000 shall remain available to the Secretary through September 30, 2025, for parts A and B of title XXVI of the PHS Act, and of which not less than $900,313,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act; and of which $165,000,000, to remain available until expended, shall be available to the Secretary for carrying out a program of grants and contracts under title XXVI or section 311(c) of such Act focused on ending the nationwide HIV/AIDS epidemic, with any grants issued under such section 311(c) administered in conjunction with title XXVI of the PHS Act, including the limitation on administrative ex- 23 penses.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

995 HEALTH SYSTEMS For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $99,009,000, of which $122,000 shall be available until expended for facili- ties-related expenses of the National Hansen’s Disease Program.
RURAL HEALTH For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $352,407,000, of which $64,277,000 from general revenues, notwith- standing section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided, That of the funds made available under this heading for Medicare rural hos- pital flexibility grants, $20,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health informa- tion technology, no less than $5,000,000 shall be available to award grants to public or non-profit private entities for the Rural Emergency Hospital Technical Assistance Pro- gram, and up to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
996 for grants under section 1820(g)(6) available for the pur- chase and implementation of telehealth services and other efforts to improve health care coordination for rural vet- erans between rural providers and the Department of Vet- erans Affairs: Provided further, That notwithstanding sec- tion 338J(k) of the PHS Act, $12,500,000 shall be avail- able for State Offices of Rural Health: Provided further, That $12,500,000 shall remain available through Sep- tember 30, 2025, to support the Rural Residency Develop- ment Program: Provided further, That $145,000,000 shall be for the Rural Communities Opioids Response Program.
FAMILY PLANNING For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $286,479,000: Provided, That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirec- tive, and that such amounts shall not be expended for any activity (including the publication or distribution of lit- erature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for 22 public office.
23 24 25 HRSA-WIDE ACTIVITIES AND PROGRAM SUPPORT For carrying out title III of the Public Health Service Act and for cross-cutting activities and program support December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
997 for activities funded in other appropriations included in this Act for the Health Resources and Services Adminis- tration, $1,735,769,000, of which $38,050,000 shall be for expenses necessary for the Office for the Advancement of Telehealth, including grants, contracts, and cooperative agreements for the advancement of telehealth activities: Provided, That funds made available under this heading may be used to supplement program support funding pro- vided under the headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS Program’’, ‘‘Health Systems’’, and ‘‘Rural Health’’: Provided further, That of the amount made available under this heading, $1,521,681,000 shall be used for the projects financing the construction and renovation (including equipment) of health care and other facilities, and for the projects financing one-time grants that support health-related activities, including training and information technology, and in the amounts specified in the table titled ‘‘Community Project Funding/Congres- sionally Directed Spending’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Pro- vided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
998 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND For payments from the Vaccine Injury Compensation Program Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary for claims associated with vaccine-re- lated injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act, to remain available until expended: Provided, That for necessary administrative expenses, not to exceed $15,200,000 shall be available from the Trust 10 Fund to the Secretary.
COVERED COUNTERMEASURES PROCESS FUND For carrying out section 319F–4 of the PHS Act, $7,000,000, to remain available until expended.
CENTERS FOR DISEASE CONTROL AND PREVENTION IMMUNIZATION AND RESPIRATORY DISEASES For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immi- gration and Nationality Act, and section 501 of the Ref- ugee Education Assistance Act, with respect to immuniza- tion and respiratory diseases, $499,941,000.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND TUBERCULOSIS PREVENTION For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

999 sexually transmitted diseases, and tuberculosis prevention, $1,391,056,000.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Edu- cation Assistance Act, with respect to emerging and zoonotic infectious diseases, $698,772,000: Provided, That of the amounts made available under this heading, up to $1,000,000 shall remain available until expended to pay for the transportation, medical care, treatment, and other related costs of persons quarantined or isolated under Federal or State quarantine law.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease pre- vention and health promotion, $1,175,464,000: Provided, That funds made available under this heading may be available for making grants under section 1509 of the PHS Act for not less than 21 States, tribes, or tribal orga- nizations: Provided further, That of the funds made avail- able under this heading, $16,500,000 shall be available to continue and expand community specific extension and outreach programs to combat obesity in counties with the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1000 highest levels of obesity: Provided further, That the pro- portional funding requirements under section 1503(a) of the PHS Act shall not apply to funds made available under this heading.

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND HEALTH For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental dis- abilities, disabilities and health, $205,560,000.
PUBLIC HEALTH SCIENTIFIC SERVICES For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $754,497,000.
ENVIRONMENTAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $229,850,000: Provided, That of the amounts appropriated under this heading up to $4,000,000 may remain available until ex- pended for carrying out the Vessel Sanitation Program, in addition to user fee collections available for such pur- pose: Provided further, That the Committees on Appro- priations of the House of Representatives and the Senate are notified at least 15 days in advance of any use of funds pursuant to the preceding proviso.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1001 INJURY PREVENTION AND CONTROL For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $761,379,000.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH For carrying out titles II, III, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act, section 13 of the Mine Improvement and New Emergency Response Act, and sections 20, 21, and 22 of the Occupational Safe- ty and Health Act, with respect to occupational safety and health, $362,800,000.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Pro- vided, That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public Law 106–554.
GLOBAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $692,843,000, of which: (1) $128,921,000 shall remain available through Sep- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1002 tember 30, 2024 for international HIV/AIDS; and (2) $293,200,000 shall remain available through September 30, 2025 for global public health protection: Provided, That funds may be used for purchase and insurance of official motor vehicles in foreign countries.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and re- sponse, and for expenses necessary to support activities related to countering potential biological, nuclear, radio- logical, and chemical threats to civilian populations, $883,200,000: Provided, That the Director of the Centers for Disease Control and Prevention (referred to in this title as ‘‘CDC’’) or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement to support an activation of the CDC Emergency Operations Center, so long as the Direc- tor or Administrator, as applicable, provides a notice to the Committees on Appropriations of the House of Rep- resentatives and the Senate within 15 days of the use of this authority, a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed, and an update of such report December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1003 every 180 days until staff are no longer on detail without reimbursement to the CDC Emergency Operations Center.
BUILDINGS AND FACILITIES (INCLUDING TRANSFER OF FUNDS) For acquisition of real property, equipment, construc- tion, installation, demolition, and renovation of facilities, $40,000,000, which shall remain available until September 30, 2027: Provided, That funds made available to this ac- count in this or any prior Act that are available for the acquisition of real property or for construction or improve- ment of facilities shall be available to make improvements on non-federally owned property, provided that any im- provements that are not adjacent to federally owned prop- erty do not exceed $2,500,000, and that the primary ben- efit of such improvements accrues to CDC: Provided fur- ther, That funds previously set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement mine safety research facility: Provided further, That funds made available to this account in this or any prior Act that are available for the acquisition of real property or for con- struction or improvement of facilities in conjunction with the new replacement mine safety research facility shall be available to make improvements on non-federally owned property, provided that any improvements that are not ad- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1004 jacent to federally owned property do not exceed $5,000,000: Provided further, That in addition, the prior year unobligated balance of any amounts assigned to former employees in accounts of CDC made available for Individual Learning Accounts shall be credited to and merged with the amounts made available under this head- ing to support the replacement of the mine safety research facility.
CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT (INCLUDING TRANSFER OF FUNDS) For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activi- ties and program support for activities funded in other appropriations included in this Act for the Centers for Disease Control and Prevention, $563,570,000, of which: (1) $350,000,000 shall remain available through Sep- tember 30, 2024, for public health infrastructure and ca- pacity; and (2) $50,000,000 shall remain available through September 30, 2024 for forecasting epidemics and outbreak analytics: Provided, That paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS Act shall not apply to funds appropriated under this head- ing and in all other accounts of the CDC: Provided further, That of the amounts made available under this heading, $35,000,000, to remain available until expended, shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1005 available to the Director of the CDC for deposit in the Infectious Diseases Rapid Response Reserve Fund estab- lished by section 231 of division B of Public Law 115– 245: Provided further, That funds appropriated under this heading may be used to support a contract for the oper- ation and maintenance of an aircraft in direct support of activities throughout CDC to ensure the agency is pre- pared to address public health preparedness emergencies: Provided further, That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in over- seas assignments, shall be treated as non-Federal employ- ees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment: Provided further, That CDC may use up to $10,000 from amounts appropriated to CDC in this Act for official re- ception and representation expenses when specifically ap- proved by the Director of CDC: Provided further, That in addition, such sums as may be derived from authorized user fees, which shall be credited to the appropriation charged with the cost thereof: Provided further, That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program and the Respirator Certifi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1006 cation Program shall be available through September 30, 2024.

NATIONAL INSTITUTES OF HEALTH NATIONAL CANCER INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cancer, $7,104,159,000, of which up to $30,000,000 may be used for facilities repairs and im- provements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood dis- eases, and blood and blood products, $3,982,345,000.

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, 19 $520,163,000.
20 21 22 23 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney dis- 24 ease, $2,300,721,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1007 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $2,588,925,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, 10 $6,562,279,000.
11 12 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES For carrying out section 301 and title IV of the PHS 13 Act with respect to general medical sciences, $3,239,679,000, of which $1,412,482,000 shall be from funds available under section 241 of the PHS Act: Pro- vided, That not less than $425,956,000 is provided for the Institutional Development Awards program.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, 22 $1,749,078,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1008 NATIONAL EYE INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $896,549,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $913,979,000.

NATIONAL INSTITUTE ON AGING For carrying out section 301 and title IV of the PHS Act with respect to aging, $4,407,623,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, $685,465,000.

18 19 20 21 NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication dis- 22 orders, $534,333,000.
23 24 25 NATIONAL INSTITUTE OF NURSING RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $197,693,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1009 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM For carrying out section 301 and title IV of the PHS Act with respect to alcohol abuse and alcoholism, $595,318,000.
NATIONAL INSTITUTE ON DRUG ABUSE For carrying out section 301 and title IV of the PHS Act with respect to drug abuse, $1,662,695,000.

NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out section 301 and title IV of the PHS Act with respect to mental health, $2,112,843,000.

NATIONAL HUMAN GENOME RESEARCH INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to human genome research, 15 $663,200,000.
16 17 18 19 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering 20 research, $440,627,000.

21 22 23 24 NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, 25 $170,384,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1010 NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, $524,395,000.

JOHN E. FOGARTY INTERNATIONAL CENTER For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act), $95,162,000.
NATIONAL LIBRARY OF MEDICINE For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $497,548,000: Provided, That of the amounts available for improvement of information systems, $4,000,000 shall be available until September 30, 2024: Provided further, That in fiscal year 2023, the National Library of Medicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health (re- ferred to in this title as ‘‘NIH’’).
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $923,323,000: Provided, That up to $70,000,000 shall be available to im- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1011 plement section 480 of the PHS Act, relating to the Cures Acceleration Network: Provided further, That at least $629,560,000 is provided to the Clinical and Translational Sciences Awards program.
OFFICE OF THE DIRECTOR (INCLUDING TRANSFER OF FUNDS) For carrying out the responsibilities of the Office of the Director, NIH, $2,642,914,000: Provided, That fund- ing shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Pro- vided further, That all funds credited to the NIH Manage- ment Fund shall remain available for one fiscal year after the fiscal year in which they are deposited: Provided fur- ther, That $180,000,000 shall be for the Environmental Influences on Child Health Outcomes study: Provided fur- ther, That $722,401,000 shall be available for the Com- mon Fund established under section 402A(c)(1) of the PHS Act: Provided further, That of the funds provided, $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH: Provided further, That the Office of AIDS Research within the Office of the Director of the NIH may spend up to $8,000,000 to make grants for construction or ren- ovation of facilities as provided for in section 25 2354(a)(5)(B) of the PHS Act: Provided further, That December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1012 $80,000,000 shall be used to carry out section 404I of the PHS Act (42 U.S.C.
283K), relating to biomedical and behavioral research facilities: Provided further, That $5,000,000 shall be transferred to and merged with the appropriation for the ‘‘Office of Inspector General’’ for oversight of grant programs and operations of the NIH, including agency efforts to ensure the integrity of its grant application evaluation and selection processes, and shall be in addition to funds otherwise made available for over- sight of the NIH: Provided further, That the funds pro- vided in the previous proviso may be transferred from one specified activity to another with 15 days prior approval of the Committees on Appropriations of the House of Rep- resentatives and the Senate: Provided further, That the In- spector General shall consult with the Committees on Ap- propriations of the House of Representatives and the Sen- ate before submitting to the Committees an audit plan for fiscal years 2023 and 2024 no later than 30 days after the date of enactment of this Act: Provided further, That amounts made available under this heading are also avail- able to establish, operate, and support the Research Policy Board authorized by section 2034(f) of the 21st Century Cures Act: Provided further, That the funds made avail- able under this heading for the Office of Research on Women’s Health shall also be available for making grants December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1013 to serve and promote the interests of women in research, and the Director of such Office may, in making such grants, use the authorities available to NIH Institutes and Centers.

In addition to other funds appropriated for the Com- mon Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund de- scribed in section 9008 of the Internal Revenue Code of 1986 (26 U.S.C.
9008), for the purpose of carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pedi- atric research), as authorized in the Gabriella Miller Kids First Research Act.

14 15 16 17 18 BUILDINGS AND FACILITIES For the study of, construction of, demolition of, ren- ovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $350,000,000, to remain available through September 30, 19 2027.
NIH INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes de- scribed in section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes in the appropriations provided to the NIH in this Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1014 $1,085,000,000, to remain available until expended: Pro- vided, That such amounts are appropriated pursuant to section 1001(b)(3) of such Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, and may be transferred by the Director of the Na- tional Institutes of Health to other accounts of the Na- tional Institutes of Health solely for the purposes provided in such Act: Provided further, That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes pro- vided, such amounts may be transferred back to the Ac- count: Provided further, That the transfer authority pro- vided under this heading is in addition to any other trans- 14 fer authority provided by law.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, the Protection and Ad- vocacy for Individuals with Mental Illness Act, and the 21 SUPPORT for Patients and Communities Act, 22 23 24 25 $2,693,507,000: Provided, That of the funds made avail- able under this heading, $93,887,000 shall be for the Na- tional Child Traumatic Stress Initiative: Provided further, That notwithstanding section 520A(f)(2) of the PHS Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1015 no funds appropriated for carrying out section 520A shall be available for carrying out section 1971 of the PHS Act: Provided further, That in addition to amounts provided herein, $21,039,000 shall be available under section 241 of the PHS Act to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 per- cent of the amounts appropriated for subpart I of part B of title XIX: Provided further, That of the funds made available under this heading for subpart I of part B of title XIX of the PHS Act, at least 5 percent shall be avail- able to support evidence-based crisis systems: Provided further, That up to 10 percent of the amounts made avail- able to carry out the Children’s Mental Health Services program may be used to carry out demonstration grants or contracts for early interventions with persons not more than 25 years of age at clinical high risk of developing a first episode of psychosis: Provided further, That section 520E(b)(2) of the PHS Act shall not apply to funds ap- propriated in this Act for fiscal year 2023: Provided fur- ther, That $385,000,000 shall be available until Sep- tember 30, 2025 for grants to communities and commu- nity organizations who meet criteria for Certified Commu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1016 nity Behavioral Health Clinics pursuant to section 223(a) of Public Law 113–93: Provided further, That none of the funds provided for section 1911 of the PHS Act shall be subject to section 241 of such Act: Provided further, That of the funds made available under this heading, $21,420,000 shall be to carry out section 224 of the Pro- tecting Access to Medicare Act of 2014 (Public Law 113– 93; 42 U.S.C.

290aa 22 note).
SUBSTANCE ABUSE TREATMENT For carrying out titles III and V of the PHS Act with respect to substance abuse treatment and title XIX of such Act with respect to substance abuse treatment and prevention, and the SUPPORT for Patients and Commu- 14 nities Act, $4,076,098,000: Provided, That $1,575,000,000 shall be for State Opioid Response Grants for carrying out activities pertaining to opioids and stimu- lants undertaken by the State agency responsible for ad- ministering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX of the PHS Act (42 U.S.C.
300x–21 et seq.

): Provided fur- ther, That of such amount $55,000,000 shall be made available to Indian Tribes or tribal organizations: Provided further, That 15 percent of the remaining amount shall be for the States with the highest mortality rate related to opioid use disorders: Provided further, That in allo- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1017 cating the amount made available in the preceding proviso, the Secretary shall ensure that the formula avoids a sig- nificant cliff between States with similar overdose mor- tality rates to prevent unusually large funding changes in States when compared to prior year allocations: Provided further, That of the amounts provided for State Opioid Response Grants not more than 2 percent shall be avail- able for Federal administrative expenses, training, tech- nical assistance, and evaluation: Provided further, That of the amount not reserved by the previous four provisos, the Secretary shall make allocations to States, territories, and the District of Columbia according to a formula using na- tional survey results that the Secretary determines are the most objective and reliable measure of drug use and drug- related deaths: Provided further, That the Secretary shall submit the formula methodology to the Committees on Ap- propriations of the House of Representatives and the Sen- ate not less than 21 days prior to publishing a Funding Opportunity Announcement: Provided further, That pre- vention and treatment activities funded through such grants may include education, treatment (including the provision of medication), behavioral health services for in- dividuals in treatment programs, referral to treatment services, recovery support, and medical screening associ- ated with such treatment: Provided further, That each December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1018 State, as well as the District of Columbia, shall receive not less than $4,000,000: Provided further, That in addi- tion to amounts provided herein, the following amounts shall be available under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of the PHS Act to fund section 1935(b) technical assist- ance, national data, data collection and evaluation activi- ties, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs: Provided further, That none of the funds provided for section 1921 of the PHS Act or State Opioid Response Grants shall be subject to section 241 15 of such Act.
SUBSTANCE ABUSE PREVENTION For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $236,879,000.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in carrying out titles III, V, and XIX of the PHS Act and the Protection and Advocacy for Indi- viduals with Mental Illness Act in the Substance Abuse December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1019 and Mental Health Services Administration, $301,932,000: Provided, That of the amount made avail- able under this heading, $160,777,000 shall be used for the projects, and in the amounts, specified in the table titled ‘‘Community Project Funding/Congressionally Di- rected Spending’’ included for this division in the explana- tory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided fur- ther, That none of the funds made available for projects described in the preceding proviso shall be subject to sec- tion 241 of the PHS Act or section 205 of this Act: Pro- vided further, That in addition to amounts provided here- in, $31,428,000 shall be available under section 241 of the PHS Act to supplement funds available to carry out national surveys on drug abuse and mental health, to col- lect and analyze program data, and to conduct public awareness and technical assistance activities: Provided fur- ther, That, in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a public or private entity upon request, which shall be credited to this appropriation and shall remain available until expended for such purposes: Provided further, That amounts made available in this Act for carrying out sec- tion 501(o) of the PHS Act shall remain available through December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1020 September 30, 2024: Provided further, That funds made available under this heading (other than amounts specified in the first proviso under this heading) may be used to supplement program support funding provided under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treat- ment’’, and ‘‘Substance Abuse Prevention’’.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY HEALTHCARE RESEARCH AND QUALITY For carrying out titles III and IX of the PHS Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $373,500,000: Provided, That section 947(c) of the PHS Act shall not apply in fiscal year 2023: Provided further, That in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall re- main available until September 30, 2024.
CENTERS FOR MEDICARE & MEDICAID SERVICES GRANTS TO STATES FOR MEDICAID For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $367,357,090,000, to remain available until expended.

In addition, for carrying out such titles after May 31, 2023, for the last quarter of fiscal year 2023 for unantici- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1021 pated costs incurred for the current fiscal year, such sums as may be necessary, to remain available until expended.

In addition, for carrying out such titles for the first quarter of fiscal year 2024, $197,580,474,000, to remain available until expended.

Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent 10 quarter.
PAYMENTS TO THE HEALTH CARE TRUST FUNDS For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical In- surance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $548,130,000,000.
In addition, for making matching payments under section 1844 and benefit payments under section 1860D– 16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1022 PROGRAM MANAGEMENT For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and other responsibil- ities of the Centers for Medicare & Medicaid Services, not to exceed $3,669,744,000 to be transferred from the Fed- eral Hospital Insurance Trust Fund and the Federal Sup- plementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary pursuant to section 1893(h) of the Social Security Act, and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain avail- able until expended: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations estab- lished under title XIII of the PHS Act shall be credited to and available for carrying out the purposes of this ap- propriation: Provided further, That the Secretary is di- rected to collect fees in fiscal year 2023 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1023 pursuant to section 1876(k)(4)(D) of that Act: Provided further, That of the amount made available under this heading, $397,334,000 shall remain available until Sep- tember 30, 2024, and shall be available for the Survey and Certification Program: Provided further, That amounts available under this heading to support quality improvement organizations (as defined in section 1152 of the Social Security Act) shall not exceed the amount spe- cifically provided for such purpose under this heading in 10 division H of the Consolidated Appropriations Act, 2018 11 (Public Law 115–141).
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT In addition to amounts otherwise available for pro- gram integrity and program management, $893,000,000, to remain available through September 30, 2024, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $665,648,000 shall be for the Cen- ters for Medicare & Medicaid Services program integrity activities, of which $105,145,000 shall be for the Depart- ment of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $122,207,000 shall be for the Department of Justice to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1024 carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided, That the report re- quired by section 1817(k)(5) of the Social Security Act for fiscal year 2023 shall include measures of the oper- ational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP programs for the funds provided by this appropriation: Provided further, That of the amount provided under this heading, $317,000,000 is provided to meet the terms of a concur- rent resolution on the budget in the Senate, and $576,000,000 is additional new budget authority specified for purposes of a concurrent resolution on the budget in the Senate and section 1(h) of H. Res.
1151 (117th Con- gress), as engrossed in the House of Representatives on June 8, 2022 for additional health care fraud and abuse control activities: Provided further, That the Secretary shall provide not less than $35,000,000 from amounts made available under this heading and amounts made available for fiscal year 2023 under section 1817(k)(3)(A) of the Social Security Act for the Senior Medicare Patrol program to combat health care fraud and abuse.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1025 ADMINISTRATION FOR CHILDREN AND FAMILIES PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT PROGRAMS For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,883,000,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2024, $1,300,000,000, to re- main available until expended.
For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.
LOW INCOME HOME ENERGY ASSISTANCE For making payments under subsections (b) and (d) of section 2602 of the Low-Income Home Energy Assist- ance Act of 1981 (42 U.S.C.

8621 et seq.
8621 et seq.

), $1,500,000,000: Provided, That notwithstanding section 2609A(a) of such Act, not more than $9,600,000 may be reserved by the Secretary for technical assistance, train- ing, and monitoring of program activities for compliance with internal controls, policies and procedures, and to sup- plement funding otherwise available for necessary admin- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1026 istrative expenses to carry out such Act, and the Secretary may, in addition to the authorities provided in section 2609A(a)(1), use such funds through contracts with pri- vate entities that do not qualify as nonprofit organiza- tions: Provided further, That all but $884,848,000 of the amount appropriated under this heading in this Act and in the second paragraph under this heading in the Dis- aster Relief Supplemental Appropriations Act, 2023 shall be allocated as though the total appropriation for such 10 payments for fiscal year 2023 was less than $1,975,000,000: Provided further, That, after applying all applicable provisions of section 2604 of such Act and the previous proviso, each State or territory that would other- wise receive an allocation, from the amount appropriated under this heading in this Act together with the amount appropriated in the second paragraph under this heading in the Disaster Relief Supplemental Appropriations Act, 2023, that is less than 97 percent of the amount that it received under this heading for fiscal year 2022 from amounts appropriated in Public Law 117–103 shall have its allocation increased to that 97 percent level, with the portions of other States’ and territories’ allocations that would exceed 100 percent of the amounts they respectively received in such fashion for fiscal year 2022 being ratably 25 reduced.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1027 REFUGEE AND ENTRANT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses for refugee and entrant as- sistance activities authorized by section 414 of the Immi- gration and Nationality Act and section 501 of the Ref- ugee Education Assistance Act of 1980, and for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor- ture Victims Relief Act of 1998, $6,427,214,000, of which $6,377,459,000 shall remain available through September 30, 2025 for carrying out such sections 414, 501, 462, and 235: Provided, That amounts available under this heading to carry out the TVPA shall also be available for research and evaluation with respect to activities under such Act: Provided further, That the limitation in section 205 of this Act regarding transfers increasing any appro- priation shall apply to transfers to appropriations under this heading by substituting ‘‘15 percent’’ for ‘‘3 percent’’: Provided further, That the contribution of funds require- ment under section 235(c)(6)(C)(iii) of the William Wil- berforce Trafficking Victims Protection Reauthorization Act of 2008 shall not apply to funds made available under this heading: Provided further, That for any month in fis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1028 cal year 2023 that the number of unaccompanied children referred to the Department of Health and Human Serv- ices pursuant to section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Traf- ficking Victims Protection Reauthorization Act of 2008 exceeds 13,000, as determined by the Secretary of Health and Human Services, an additional $27,000,000, to re- main available until September 30, 2024, shall be made available for obligation for every 500 unaccompanied chil- dren above that level (including a pro rata amount for any increment less than 500), for carrying out such sections 12 462 and 235.
13 14 15 PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For carrying out the Child Care and Development 16 Block Grant Act of 1990 (‘‘CCDBG Act’’), $8,021,387,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided, That technical assistance under section 658I(a)(3) of such Act may be provided di- rectly, or through the use of contracts, grants, cooperative agreements, or interagency agreements: Provided further, That all funds made available to carry out section 418 of the Social Security Act (42 U.S.C.
618), including funds appropriated for that purpose in such section 418 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1029 or any other provision of law, shall be subject to the res- ervation of funds authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG Act: Provided further, That in addition to the amounts required to be reserved by the Secretary under section 658O(a)(2)(A) of such Act, $214,960,000 shall be for Indian tribes and tribal organi- zations: Provided further, That of the amounts made avail- able under this heading, the Secretary may reserve up to 0.5 percent for Federal administrative expenses.
SOCIAL SERVICES BLOCK GRANT For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Pro- vided, That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title XX–A of such Act shall be 10 17 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse Preven- tion and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1030 Act of 1978 (adoption opportunities), part B–1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act, and the Community Services Block Grant Act (‘‘CSBG Act’’); and for necessary admin- istrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and XX–A of the Social Security Act, the Act of July 5, 1960, and the Low-Income Home Energy Assist- ance Act of 1981, $14,618,437,000, of which $75,000,000, to remain available through September 30, 2024, shall be for grants to States for adoption and legal guardianship incentive payments, as defined by section 473A of the Social Security Act and may be made for adoptions and legal guardianships completed before Sep- tember 30, 2023: Provided, That $11,996,820,000 shall be for making payments under the Head Start Act, includ- ing for Early Head Start–Child Care Partnerships, and, of which, notwithstanding section 640 of such Act: (1) $596,000,000 shall be available for a cost of living adjustment, and with respect to any con- tinuing appropriations act, funding available for a cost of living adjustment shall not be construed as an authority or condition under this Act; (2) $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1031 the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such funds shall not be included in the calcula- tion of ‘‘base grant’’ in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of such Act; (3) $262,000,000 shall be available for quality improvement consistent with section 640(a)(5) of such Act except that any amount of the funds may be used on any of the activities in such section, of which not less than $13,000,000 shall be available to migrant and seasonal Head Start programs for such activities, in addition to funds made available for migrant and seasonal Head Start programs under any other provision of section 640(a) of such Act; (4) $100,000,000, in addition to funds other- wise available for such purposes under section 640 of the Head Start Act, shall be available through September 30, 2024, for awards to eligible entities for Head Start and Early Head Start programs and to entities defined as eligible under section 645A(d) of such Act for high quality infant and toddler care through Early Head Start–Child Care Partnerships, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1032 and for training and technical assistance for such activities: Provided, That of the funds made avail- able in this paragraph, up to $21,000,000 shall be available to the Secretary for the administrative costs of carrying out this paragraph; (5) $8,000,000 shall be available for the Tribal Colleges and Universities Head Start Partnership Program consistent with section 648(g) of such Act; and (6) $21,000,000 shall be available to supple- ment funding otherwise available for research, eval- uation, and Federal administrative costs: Provided further, That the Secretary may reduce the res- ervation of funds under section 640(a)(2)(C) of such Act in lieu of reducing the reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act: Provided further, That $315,000,000 shall be avail- able until December 31, 2023 for carrying out sections 9212 and 9213 of the Every Student Succeeds Act: Pro- vided further, That up to 3 percent of the funds in the preceding proviso shall be available for technical assist- ance and evaluation related to grants awarded under such section 9212: Provided further, That $804,383,000 shall be for making payments under the CSBG Act: Provided further, That for services furnished under the CSBG Act December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1033 with funds made available for such purpose in this fiscal year and in fiscal year 2022, States may apply the last sentence of section 673(2) of the CSBG Act by sub- stituting ‘‘200 percent’’ for ‘‘125 percent’’: Provided fur- ther, That $34,383,000 shall be for section 680 of the CSBG Act, of which not less than $22,383,000 shall be for section 680(a)(2) and not less than $12,000,000 shall be for section 680(a)(3)(B) of such Act: Provided further, That, notwithstanding section 675C(a)(3) of the CSBG Act, to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under such Act, and have not been ex- pended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary shall establish procedures re- garding the disposition of intangible assets and program income that permit such assets acquired with, and pro- gram income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided fur- ther, That intangible assets in the form of loans, equity investments and other debt instruments, and program in- December 19, 2022 (11:48 p.m.)
 U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1034 come may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after November 29, 1999: Provided further, That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community devel- opment corporations: Provided further, That $240,000,000 shall be for carrying out section 303(a) of the Family Violence Prevention and Services Act, of which $7,000,000 shall be allocated notwithstanding section 303(a)(2) of such Act for carrying out section 309 of such Act: Provided further, That the percentages specified in section 112(a)(2) of the Child Abuse Prevention and Treatment Act shall not apply to funds appropriated under this heading: Provided further, That $1,864,000 shall be for a human services case management system for federally declared disasters, to include a comprehensive national case management contract and Federal costs of administering the system: Provided further, That up to $2,000,000 shall be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study of the system’s effec- tiveness: Provided further, That $107,848,000 shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1035 used for the projects, and in the amounts, specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included for this division in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to sec- tion 241 of the PHS Act or section 205 of this Act.
PROMOTING SAFE AND STABLE FAMILIES For carrying out, except as otherwise provided, sec- tion 436 of the Social Security Act, $345,000,000 and, for carrying out, except as otherwise provided, section 437 of such Act, $86,515,000: Provided, That of the funds available to carry out section 437, $59,765,000 shall be allocated consistent with subsections (b) through (d) of such section: Provided further, That of the funds available to carry out section 437, to assist in meeting the require- ments described in section 471(e)(4)(C), $20,000,000 shall be for grants to each State, territory, and Indian tribe operating title IV–E plans for developing, enhancing, or evaluating kinship navigator programs, as described in section 427(a)(1) of such Act and $6,750,000, in addition to funds otherwise appropriated in section 476 for such purposes, shall be for the Family First Clearinghouse and to support evaluation and technical assistance relating to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1036 the evaluation of child and family services: Provided fur- ther, That section 437(b)(1) shall be applied to amounts in the previous proviso by substituting ‘‘5 percent’’ for ‘‘3.3 percent’’, and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying, estab- lishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C): Provided further, That the reservation in section 437(b)(2) and the limitations in section 437(d) shall not apply to funds specified in the second proviso: Provided further, That the minimum grant award for kinship navigator programs in the case of States and territories shall be $200,000, and, in the case of 13 tribes, shall be $25,000.
PAYMENTS FOR FOSTER CARE AND PERMANENCY For carrying out, except as otherwise provided, title IV–E of the Social Security Act, $7,606,000,000.

For carrying out, except as otherwise provided, title IV–E of the Social Security Act, for the first quarter of fiscal year 2024, $3,200,000,000.
For carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV– E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1037 ADMINISTRATION FOR COMMUNITY LIVING AGING AND DISABILITY SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For carrying out, to the extent not otherwise pro- vided, the Older Americans Act of 1965 (‘‘OAA’’), the RAISE Family Caregivers Act, the Supporting Grand- parents Raising Grandchildren Act, titles III and XXIX of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX–B of the Social Secu- rity Act, the Developmental Disabilities Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, the As- sistive Technology Act of 1998, titles II and VII (and sec- tion 14 with respect to such titles) of the Rehabilitation Act of 1973, and for Department-wide coordination of pol- icy and program activities that assist individuals with dis- abilities, $2,482,545,000, together with $55,242,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That of amounts made available under this heading to carry out sections 311, 331, and 336 of the OAA, up to one percent of such amounts shall be available for developing and im- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1038 plementing evidence-based practices for enhancing senior nutrition, including medically-tailored meals: Provided fur- ther, That notwithstanding any other provision of this Act, funds made available under this heading to carry out sec- tion 311 of the OAA may be transferred to the Secretary of Agriculture in accordance with such section: Provided further, That up to 5 percent of the funds provided for adult protective services grants under section 2042 of title XX of the Social Security Act may be used to make grants to Tribes and tribal organizations: Provided further, That $2,000,000 shall be for competitive grants to support al- ternative financing programs that provide for the purchase of assistive technology devices, such as a low-interest loan fund; an interest buy-down program; a revolving loan fund; a loan guarantee; or an insurance program: Provided further, That applicants shall provide an assurance that, and information describing the manner in which, the alter- native financing program will expand and emphasize con- sumer choice and control: Provided further, That State agencies and community-based disability organizations that are directed by and operated for individuals with dis- abilities shall be eligible to compete: Provided further, That none of the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Men- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1039 tal Illness Act (42 U.S.C.

10802)) to continue to pursue any legal action in a Federal or State court on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Develop- mental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or a combination of mental and physical impairments), that has as the requested remedy the closure of State operated intermediate care facilities for people with intellectual or developmental disabilities, unless reasonable public notice of the action has been pro- vided to such individuals (or, in the case of mental inca- pacitation, the legal guardians who have been specifically awarded authority by the courts to make healthcare and residential decisions on behalf of such individuals) who are affected by such action, within 90 days of instituting such legal action, which informs such individuals (or such legal guardians) of their legal rights and how to exercise such rights consistent with current Federal Rules of Civil Pro- cedure: Provided further, That the limitations in the imme- diately preceding proviso shall not apply in the case of an individual who is neither competent to consent nor has a legal guardian, nor shall the proviso apply in the case of individuals who are a ward of the State or subject to pub- lic guardianship: Provided further, That of the amount December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1040 made available under this heading, $41,644,000 shall be used for the projects, and in the amounts, specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included for this division in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to sec- tion 241 of the PHS Act or section 205 of this Act.
OFFICE OF THE SECRETARY GENERAL DEPARTMENTAL MANAGEMENT For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and re- search studies under section 1110 of the Social Security Act, $537,144,000, together with $64,828,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities: Provided, That of this amount, $60,000,000 shall be for minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading, $101,000,000 shall be for making competitive contracts and grants to public and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1041 private entities to fund medically accurate and age appro- priate programs that reduce teen pregnancy and for the Federal costs associated with administering and evalu- ating such contracts and grants, of which not more than 10 percent of the available funds shall be for training and technical assistance, evaluation, outreach, and additional program support activities, and of the remaining amount 75 percent shall be for replicating programs that have been proven effective through rigorous evaluation to re- duce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent shall be available for research and demonstra- tion grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of the amounts provided under this heading from amounts available under section 241 of the PHS Act, $6,800,000 shall be available to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided fur- ther, That of the funds made available under this heading, $35,000,000 shall be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining from non-marital sexual activity): Provided further, That funding for such competi- tive grants for sexual risk avoidance shall use medically December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1042 accurate information referenced to peer-reviewed publica- tions by educational, scientific, governmental, or health or- ganizations; implement an evidence-based approach inte- grating research findings with practical implementation that aligns with the needs and desired outcomes for the intended audience; and teach the benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting sexual co- ercion, dating violence, and other youth risk behaviors such as underage drinking or illicit drug use without nor- malizing teen sexual activity: Provided further, That no more than 10 percent of the funding for such competitive grants for sexual risk avoidance shall be available for tech- nical assistance and administrative costs of such pro- grams: Provided further, That funds provided in this Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further, That of the funds made available under this heading, $5,000,000 shall be for car- rying out prize competitions sponsored by the Office of the Secretary to accelerate innovation in the prevention, diagnosis, and treatment of kidney diseases (as authorized December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1043 by section 24 of the Stevenson-Wydler Technology Innova- tion Act of 1980 (15 U.S.C.

3719)).

MEDICARE HEARINGS AND APPEALS For expenses necessary for Medicare hearings and appeals in the Office of the Secretary, $196,000,000 shall remain available until September 30, 2024, to be trans- ferred in appropriate part from the Federal Hospital In- surance Trust Fund and the Federal Supplementary Med- ical Insurance Trust Fund.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the de- velopment and advancement of interoperable health infor- mation technology, $66,238,000 shall be from amounts made available under section 241 of the PHS Act.
OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspec- tor General Act of 1978, $87,000,000: Provided, That of such amount, necessary sums shall be available for pro- viding protective services to the Secretary and inves- tigating non-payment of child support cases for which non- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1044 payment is a Federal offense under 18 U.S.C.

228: Pro- vided further, That of the amount appropriated under this heading, necessary sums shall be available for carrying out activities authorized under section 3022 of the PHS Act (42 U.S.C.

300jj–52).

OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, $39,798,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for med- ical care of dependents and retired personnel under the Dependents’ Medical Care Act, such amounts as may be required during the current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $1,647,569,000, of which $950,000,000 shall remain available through September 30, 2024, for expenses necessary to support December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1045 advanced research and development pursuant to section 319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided, That funds provided under this head- ing for the purpose of acquisition of security counter- measures shall be in addition to any other funds available for such purpose: Provided further, That products pur- chased with funds provided under this heading may, at the discretion of the Secretary, be deposited in the Stra- tegic National Stockpile pursuant to section 319F–2 of the PHS Act: Provided further, That $5,000,000 of the amounts made available to support emergency operations shall remain available through September 30, 2025: Pro- vided further, That $75,000,000 of the amounts made available to support coordination of the development, pro- duction, and distribution of vaccines, therapeutics, and other medical countermeasures shall remain available 18 through September 30, 2024.
19 20 21 For expenses necessary for procuring security coun- termeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $820,000,000, to remain available until ex- 22 pended.

23 24 For expenses necessary to carry out section 319F– 2(a) of the PHS Act, $965,000,000, to remain available 25 until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1046 For an additional amount for expenses necessary to prepare for or respond to an influenza pandemic, $335,000,000; of which $300,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical sup- plies, diagnostics, and other surveillance tools: Provided, That notwithstanding section 496(b) of the PHS Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics.
ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH (INCLUDING TRANSFER OF FUNDS) For carrying out section 301 and title IV of the PHS Act with respect to advanced research projects for health, $1,500,000,000, to remain available through September 30, 2025: Provided, That the President shall appoint in the Department of Health and Human Services a director of advanced research projects for health (Director): Pro- vided further, That funds may be used to make or rescind appointments of scientific, medical, and professional per- sonnel without regard to any provision in title 5 governing appointments under the civil service laws: Provided fur- ther, That funds may be used to fix the compensation of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1047 such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding ex- penses) specified in section 102 of title 3, United States Code: Provided further, That the Director may use funds made available under this heading to make awards in the form of grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (as defined in section 319L(a)(3) of the PHS Act): Provided further, That activities supported with funds provided under this heading shall not be subject to the requirements of sec- tions 406(a)(3)(A)(ii) or 492 of the PHS Act: Provided further, That the Secretary may transfer the Advanced Re- search Projects Agency for Health, including the func- tions, personnel, missions, activities, authorities, and funds, within 30 days of enactment of this Act to any agency or office of the Department of Health and Human Services, including the National Institutes of Health: Pro- vided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be noti- fied at least 15 days in advance of any transfer pursuant 21 to the preceding proviso.
22 23 24 GENERAL PROVISIONS SEC.

201.

Funds appropriated in this title shall be available for not to exceed $50,000 for official reception December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1048 and representation expenses when specifically approved by the Secretary.

SEC.

202.
SEC.

202.

None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II: Provided, That none of the funds appropriated in this title shall be used to prevent the NIH from paying up to 100 percent of the salary of an indi- vidual at this rate.

SEC.

203.
SEC.

203.

None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a re- port by the Secretary to the Committees on Appropria- tions of the House of Representatives and the Senate de- tailing the planned uses of such funds.

SEC.

204.
SEC.

204.

Notwithstanding section 241(a) of the PHS Act, such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appro- priated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of 24 programs funded in this title.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1049 (TRANSFER OF FUNDS) SEC.

205.
Not to exceed 1 percent of any discre- tionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appro- priated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer author- ity granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Rep- resentatives and the Senate are notified at least 15 days in advance of any transfer.
SEC.

206.

In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the effective date of a contract awarded in fiscal year 2023 under sec- tion 338B of such Act, or at any time if the individual who has been awarded such contract has not received 21 funds due under the contract.

22 23 24 25 SEC.

207.


None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1050 the decision of minors to seek family planning services and that it provides counseling to minors on how to resist at- tempts to coerce minors into engaging in sexual activities.

SEC.

208.

Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

SEC.

209.
None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an oth- erwise eligible entity (including a Provider Sponsored Or- ganization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make appropriate prospective adjustments to the capita- tion payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the serv- ice to such entity’s enrollees): Provided further, That noth- ing in this section shall be construed to change the Medi- care program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain infor- mation about all Medicare covered services.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1051 SEC.

210.

None of the funds made available in this title may be used, in whole or in part, to advocate or pro- mote gun control.

SEC.

211.
SEC.

211.

The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children’s Emergency Fund or the 10 World Health Organization.

11 SEC.

212.
212.

In order for HHS to carry out inter- national health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2023: (1) The Secretary may exercise authority equiv- alent to that available to the Secretary of State in section 2(c) of the State Department Basic Authori- ties Act of 1956.
The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other appli- cable statutes administered by the Department of State.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1052 (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of ac- quisition, lease, alteration, renovation, and manage- ment of facilities outside of the United States for the use of HHS.
The Department of State shall co- operate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, set- back, and other facilities requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institu- tions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, includ- ing activities relating to HIV/AIDS and other infec- tious diseases, chronic and environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the For- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1053 eign Service Act of 1980, and 22 U.S.C.

4081 through 4086 and subject to such regulations pre- scribed by the Secretary.
The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such per- sonnel under section 5304 of title 5, United States Code if such personnel’s official duty station were in the District of Columbia.
Leaves of absence for per- sonnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serv- ing in the Foreign Service.

(TRANSFER OF FUNDS) SEC.

213.


The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1054 (TRANSFER OF FUNDS) SEC.

214.

Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Di- rector of NIH and the Director of the Office of AIDS Re- search, shall be made available to the ‘‘Office of AIDS Research’’ account.
The Director of the Office of AIDS Research shall transfer from such account amounts nec- essary to carry out section 2353(d)(3) of the PHS Act.

SEC.

215.
SEC.

215.

(a) AUTHORITY.—Notwithstanding any other provision of law, the Director of NIH (‘‘Director’’) may use funds authorized under section 402(b)(12) of the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to or research and activities described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appro- priate to obtain assessments of scientific and technical merit.
Such procedures shall apply to such transactions in lieu of the peer review and advisory council review pro- cedures that would otherwise be required under sections December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1055 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

SEC.

216.
SEC.

216.

Not to exceed $100,000,000 of funds ap- propriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $5,000,000 per project.

(TRANSFER OF FUNDS) SEC.

217.
Of the amounts made available for NIH, 1 percent of the amount made available for National Re- search Service Awards (‘‘NRSA’’) shall be made available to the Administrator of the Health Resources and Services Administration to make NRSA awards for research in pri- mary medical care to individuals affiliated with entities who have received grants or contracts under sections 736, 739, or 747 of the PHS Act, and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency for Healthcare Research and Qual- ity to make NRSA awards for health service research.
SEC.

218.

(a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more than one but no more than 10 pro- gram years, for purchase of research services or of security countermeasures, as that term is defined in section 319F– December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1056 2(c)(1)(B) of the PHS Act (42 U.S.C.
247d–6b(c)(1)(B)), if— (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competi- tion or promoting economy in administration, per- formance, and operation of BARDA’s programs.
(b) A contract entered into under this section— (1) shall include a termination clause as de- scribed by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section.

SEC.

219.
SEC.

219.

(a) The Secretary shall publish in the fiscal year 2024 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the pur- poses of implementing, administering, enforcing, or other- wise carrying out the provisions of the ACA, and the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1057 amendments made by that Act, in the proposed fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors sup- ported by all funds appropriated for purposes of carrying out the ACA (and the amendments made by that Act), the Secretary shall include, at a minimum, the following information: (1) For each such fiscal year, the section of such Act under which such funds were appropriated, a statement indicating the program, project, or ac- tivity receiving such funds, the Federal operating di- vision or office that administers such program, and the amount of funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time equivalent employees or contracted employ- ees assigned to each authorized and funded provision detailed in accordance with paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the report employees or contractors who— (1) are supported through appropriations en- acted in laws other than the ACA and work on pro- grams that existed prior to the passage of the ACA; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1058 (2) spend less than 50 percent of their time on activities funded by or newly authorized in the ACA; or (3) work on contracts for which FTE reporting is not a requirement of their contract, such as fixed- price contracts.

SEC.

220.
SEC.

220.

The Secretary shall publish, as part of the fiscal year 2024 budget of the President submitted under section 1105(a) of title 31, United States Code, informa- tion that details the uses of all funds used by the Centers for Medicare & Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enact- ment of the ACA and the proposed uses for such funds for fiscal year 2024.
Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading ‘‘Health Insurance Exchange Transparency’’ in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act).

20 SEC.

221.
SEC.

221.

None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the ‘‘Centers for Medicare & Medicaid Services—Program Management’’ account, may be used for payments under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1059 section 1342(b)(1) of Public Law 111–148 (relating to risk corridors).
(TRANSFER OF FUNDS) SEC.

222.

(a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading ‘‘Prevention and Public Health Fund’’ in the explanatory statement described in section 4 (in the mat- ter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts.

(c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available with- out reference to section 2821(b) of such Act.

SEC.

223.
Effective during the period beginning on November 1, 2015 and ending January 1, 2025, any pro- vision of law that refers (including through cross-reference to another provision of law) to the current recommenda- tions of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary in- volved as if— 24 25 (1) such reference to such current recommenda- tions were a reference to the recommendations of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1060 such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modal- ity under section 1861(jj) of the Social Security Act (42 U.S.C.

1395x(jj)).

SEC.

224.


In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall con- tinue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017.
None of the funds appropriated in this or prior Acts or otherwise made available to the Department of Health and Human Services or to any department or agency may be used to develop or implement a modified approach to such provi- sions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in 22 such quarter.

23 24 25 (TRANSFER OF FUNDS) SEC.

225.


The NIH Director may transfer funds for opioid addiction, opioid alternatives, stimulant misuse and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1061 addiction, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after notifying the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the transfer authority provided in the previous proviso is in addition to any other transfer authority provided by law.

SEC.

226.
SEC.

226.

(a) The Secretary shall provide to the Committees on Appropriations of the House of Represent- 10 atives and the Senate: (1) Detailed monthly enrollment figures from the Exchanges established under the Patient Protec- tion and Affordable Care Act of 2010 pertaining to enrollments during the open enrollment period; and (2) Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate must be notified at least 2 business days in advance of any public release of enrollment information 21 or the award of such grants.

22 23 24 25 SEC.

227.

In addition to the amounts otherwise avail- able for ‘‘Centers for Medicare & Medicaid Services, Pro- gram Management’’, the Secretary of Health and Human Services may transfer up to $455,000,000 to such account December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1062 from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to support program management activity related to the Medi- care Program: Provided, That except for the foregoing purpose, such funds may not be used to support any provi- sion of Public Law 111–148 or Public Law 111–152 (or any amendment made by either such Public Law) or to supplant any other amounts within such account.

SEC.

228.
SEC.

228.

The Department of Health and Human Services shall provide the Committees on Appropriations of the House of Representatives and Senate a biannual report 30 days after enactment of this Act on staffing de- scribed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 15 Act).

16 SEC.

229.
Funds appropriated in this Act that are available for salaries and expenses of employees of the De- partment of Health and Human Services shall also be available to pay travel and related expenses of such an employee or of a member of his or her family, when such employee is assigned to duty, in the United States or in a U.S. territory, during a period and in a location that are the subject of a determination of a public health emer- gency under section 319 of the Public Health Service Act and such travel is necessary to obtain medical care for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1063 an illness, injury, or medical condition that cannot be ade- quately addressed in that location at that time.

For pur- poses of this section, the term ‘‘U.S.

territory’’ means Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, or the Trust Territory of the Pacific Islands.

SEC.

230.
SEC.

230.

The Department of Health and Human Services may accept donations from the private sector, nongovernmental organizations, and other groups inde- pendent of the Federal Government for the care of unac- companied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))) in the care of the Office of Refugee Resettle- ment of the Administration for Children and Families, in- cluding medical goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other items intended to promote 18 the wellbeing of such children.

19 SEC.

231.
SEC.

231.

None of the funds made available in this Act under the heading ‘‘Department of Health and Human Services—Administration for Children and Fami- lies—Refugee and Entrant Assistance’’ may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.

279(g)(2))) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1064 in any facility that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing unaccompanied alien children in such a facility is necessary on a temporary basis due to an influx of such children or an emergency, provided that— (1) the terms of the grant or contract for the operations of any such facility that remains in oper- ation for more than six consecutive months shall re- quire compliance with— (A) the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary deter- mines are applicable to non-State licensed facili- ties; and (B) staffing ratios of one (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours, one (1) on-duty Youth Care Worker for every sixteen (16) chil- dren or youth during sleeping hours, and clini- cian ratios to children (including mental health providers) as required in grantee cooperative agreements; (2) the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1065 paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor’s or grantee’s good-faith efforts and progress towards compliance; (3) not more than four consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility; (4) ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019; (5) for any such unlicensed facility in operation for more than three consecutive months, ORR shall conduct a minimum of one comprehensive moni- toring visit during the first three months of oper- ation, with quarterly monitoring visits thereafter; and (6) not later than 60 days after the date of en- actment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has deter- mined are not applicable to non-State licensed facili- ties.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1066 SEC.

232.
In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Ap- propriations of the House of Representatives and the Sen- ate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard- sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely out- come is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger.
Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropria- tions of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release.

SEC.

233.
SEC.

233.

None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1067 of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.

279(g)(2))), provided that such Senator or Member has coordinated the oversight visit with the Office of Refugee Resettlement not less than two business days in advance to ensure that such visit would not inter- fere with the operations (including child welfare and child safety operations) of such facility.

SEC.

234.
Not later than 14 days after the date of enactment of this Act, and monthly thereafter, the Sec- retary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regard- less of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month.
Each report shall contain the fol- 21 lowing information: 22 23 24 25 (1) the number and ages of children so sepa- rated subsequent to apprehension at or between ports of entry, to be reported by sector where sepa- ration occurred; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1068 (2) the documented cause of separation, as re- ported by DHS when each child was referred.

SEC.

235.
SEC.

235.

Funds appropriated in this Act that are available for salaries and expenses of employees of the Centers for Disease Control and Prevention shall also be available for the primary and secondary schooling of eligi- ble dependents of personnel stationed in a U.S. territory as defined in section 229 of this Act at costs not in excess of those paid for or reimbursed by the Department of De- 10 fense.

11 (RESCISSION) SEC.

236.
236.

Of the unobligated balances in the ‘‘Non- recurring Expenses Fund’’ established in section 223 of division G of Public Law 110–161, $650,000,000 are hereby rescinded not later than September 30, 2023.

SEC.

237.
SEC.

237.

The Secretary of Health and Human Serv- ices may waive penalties and administrative requirements in title XXVI of the Public Health Service Act for awards under such title from amounts provided under the heading ‘‘Department of Health and Human Services—Health Re- sources and Services Administration’’ in this or any other appropriations Act for this fiscal year, including amounts made available to such heading by transfer.
This title may be cited as the ‘‘Department of Health and Human Services Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1069 TITLE III DEPARTMENT OF EDUCATION EDUCATION FOR THE DISADVANTAGED For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ‘‘ESEA’’) and section 418A of the Higher Education Act of 1965 (referred to in this Act as ‘‘HEA’’), $19,087,790,000, of which $8,159,490,000 shall become available on July 1, 2023, and shall remain available through September 30, 2024, and of which $10,841,177,000 shall become available on October 1, 2023, and shall remain available through Sep- tember 30, 2024, for academic year 2023–2024: Provided, That $6,459,401,000 shall be for basic grants under sec- tion 1124 of the ESEA: Provided further, That up to $5,000,000 of these funds shall be available to the Sec- retary of Education (referred to in this title as ‘‘Sec- retary’’) on October 1, 2022, to obtain annually updated local educational agency-level census poverty data from the Bureau of the Census: Provided further, That $1,362,301,000 shall be for concentration grants under section 1124A of the ESEA: Provided further, That $5,282,550,000 shall be for targeted grants under section 1125 of the ESEA: Provided further, That 25 $5,282,550,000 shall be for education finance incentive December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1070 grants under section 1125A of the ESEA: Provided fur- ther, That $224,000,000 shall be for carrying out subpart 2 of part B of title II: Provided further, That $52,123,000 shall be for carrying out section 418A of the HEA.
IMPACT AID For carrying out programs of financial assistance to federally affected schools authorized by title VII of the ESEA, $1,618,112,000, of which $1,468,242,000 shall be for basic support payments under section 7003(b), $48,316,000 shall be for payments for children with dis- abilities under section 7003(d), $18,406,000, to remain available through September 30, 2024, shall be for con- struction under section 7007(b), $78,313,000 shall be for Federal property payments under section 7002, and $4,835,000, to remain available until expended, shall be for facilities maintenance under section 7008: Provided, That for purposes of computing the amount of a payment for an eligible local educational agency under section 7003(a) for school year 2022–2023, children enrolled in a school of such agency that would otherwise be eligible for payment under section 7003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1071 reside on Federal property as described in section 7003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they at- tended prior to their change in eligibility status.
SCHOOL IMPROVEMENT PROGRAMS For carrying out school improvement activities au- thorized by part B of title I, part A of title II, subpart 1 of part A of title IV, part B of title IV, part B of title V, and parts B and C of title VI of the ESEA; the McKin- ney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Com- pact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964, $5,810,642,000, of which $3,952,312,000 shall become available on July 1, 2023, and remain available through September 30, 2024, and of which $1,681,441,000 shall become available on Octo- ber 1, 2023, and shall remain available through September 30, 2024, for academic year 2023–2024: Provided, That $390,000,000 shall be for part B of title I: Provided fur- ther, That $1,329,673,000 shall be for part B of title IV: Provided further, That $45,897,000 shall be for part B of title VI, which may be used for construction, renova- tion, and modernization of any public elementary school, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1072 secondary school, or structure related to a public elemen- tary school or secondary school that serves a predomi- nantly Native Hawaiian student body, and that the 5 per- cent limitation in section 6205(b) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further, That $44,953,000 shall be for part C of title VI, which shall be awarded on a competitive basis, and may be used for construction, and that the 5 percent limitation in section 6305 of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further, That $55,000,000 shall be available to carry out section 203 of the Educational Technical Assist- ance Act of 2002 and the Secretary shall make such ar- rangements as determined to be necessary to ensure that the Bureau of Indian Education has access to services pro- 17 vided under this section: Provided further, That $24,464,000 shall be available to carry out the Supple- mental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Is- lands: Provided further, That the Secretary may reserve up to 5 percent of the amount referred to in the previous proviso to provide technical assistance in the implementa- tion of these grants: Provided further, That $215,000,000 shall be for part B of title V: Provided further, That December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1073 $1,380,000,000 shall be available for grants under sub- part 1 of part A of title IV.
INDIAN EDUCATION For expenses necessary to carry out, to the extent not otherwise provided, title VI, part A of the ESEA, $194,746,000, of which $72,000,000 shall be for subpart 2 of part A of title VI and $12,365,000 shall be for sub- part 3 of part A of title VI: Provided, That the 5 percent limitation in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further, That grants awarded under sections 6132 and 6133 of the ESEA with funds provided under this heading may be for a period of up to 5 years.
INNOVATION AND IMPROVEMENT For carrying out activities authorized by subparts 1, 3 and 4 of part B of title II, and parts C, D, and E and subparts 1 and 4 of part F of title IV of the ESEA, $1,253,000,000: Provided, That $286,000,000 shall be for subparts 1, 3 and 4 of part B of title II and shall be made available without regard to sections 2201, 2231(b) and 2241: Provided further, That $683,000,000 shall be for parts C, D, and E and subpart 4 of part F of title IV, and shall be made available without regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided further, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1074 That section 4303(d)(3)(A)(i) shall not apply to the funds available for part C of title IV: Provided further, That of the funds available for part C of title IV, the Secretary shall use not less than $60,000,000 to carry out section 4304, of which not more than $10,000,000 shall be avail- able to carry out section 4304(k), $140,000,000, to re- main available through March 31, 2024, to carry out sec- tion 4305(b), and not more than $16,000,000 to carry out the activities in section 4305(a)(3): Provided further, That notwithstanding section 4601(b), $284,000,000 shall be available through December 31, 2023 for subpart 1 of part F of title IV: Provided further, That of the funds available for subpart 4 of part F of title IV, not less than $8,000,000 shall be used for continuation grants for eligi- ble national nonprofit organizations, as described in the Applications for New Awards; Assistance for Arts Edu- cation Program published in the Federal Register on May 18 31, 2022, for activities described under section 19 4642(a)(1)(C).
SAFE SCHOOLS AND CITIZENSHIP EDUCATION For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $457,000,000, to remain available through December 31, 2023: Provided, That $216,000,000 shall be available for section 4631, of which up to $5,000,000, to remain available until ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1075 pended, shall be for the Project School Emergency Re- sponse to Violence (Project SERV) program: Provided fur- ther, That $150,000,000 shall be available for section 4625: Provided further, That $91,000,000 shall be for sec- tion 4624.
ENGLISH LANGUAGE ACQUISITION For carrying out part A of title III of the ESEA, $890,000,000, which shall become available on July 1, 2023, and shall remain available through September 30, 2024, except that 6.5 percent of such amount shall be available on October 1, 2022, and shall remain available through September 30, 2024, to carry out activities under section 3111(c)(1)(C).
SPECIAL EDUCATION For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $15,453,264,000, of which $5,870,321,000 shall become available on July 1, 2023, and shall remain available through September 30, 2024, and of which $9,283,383,000 shall become available on October 1, 2023, and shall remain available through September 30, 2024, for academic year 2023–2024: Pro- vided, That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2022, increased by the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1076 amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percent change in the funds appro- priated under section 611(i) of the IDEA, but not less than the amount for that activity during fiscal year 2022: Provided further, That the Secretary shall, without regard to section 611(d) of the IDEA, distribute to all other States (as that term is defined in section 611(g)(2)), sub- ject to the third proviso, any amount by which a State’s allocation under section 611, from funds appropriated 10 under this heading, is reduced under section 612(a)(18)(B), according to the following: 85 percent on the basis of the States’ relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the avail- ability of a free appropriate public education under this part, and 15 percent to States on the basis of the States’ relative populations of those children who are living in pov- erty: Provided further, That the Secretary may not dis- tribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a dis- tribution: Provided further, That the States shall allocate such funds distributed under the second proviso to local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allo- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1077 cation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) re- garding the fiscal year in which a State’s allocation under section 611(d) is reduced for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may apply the reduction specified in section 612(a)(18)(B) over a period of consecutive fiscal years, not to exceed 5, until the entire reduction is applied: Provided further, That the Secretary may, in any fiscal year in which a State’s alloca- tion under section 611 is reduced in accordance with sec- tion 612(a)(18)(B), reduce the amount a State may re- serve under section 611(e)(1) by an amount that bears the same relation to the maximum amount described in 19 that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) in the absence of the reduction: Provided further, That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1078 requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under sec- tion 452 of the General Education Provisions Act (20 U.S.C.
1234a): Provided further, That the funds reserved under 611(c) of the IDEA may be used to provide tech- nical assistance to States to improve the capacity of the States to meet the data collection requirements of sections 616 and 618 and to administer and carry out other serv- ices and activities to improve data collection, coordination, quality, and use under parts B and C of the IDEA: Pro- vided further, That the Secretary may use funds made available for the State Personnel Development Grants pro- gram under part D, subpart 1 of IDEA to evaluate pro- gram performance under such subpart: Provided further, That States may use funds reserved for other State-level activities under sections 611(e)(2) and 619(f) of the IDEA to make subgrants to local educational agencies, institu- tions of higher education, other public agencies, and pri- vate non-profit organizations to carry out activities au- thorized by those sections: Provided further, That, not- withstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) of such Act, the Secretary shall provide a grant to each State in an amount equal to the maximum amount de- scribed in section 643(e)(2)(B) of such Act: Provided fur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1079 ther, That if more than 5 States apply for grants pursuant to section 643(e) of the IDEA, the Secretary shall award funds to those States on the basis of the States’ relative populations of infants and toddlers except that no such State shall receive a grant in excess of the amount de- scribed in section 643(e)(2)(B) of such Act: Provided fur- ther, That States may use funds allotted under section 643(c) of the IDEA to make subgrants to local edu- cational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by section 638 of IDEA: Provided further, That, notwithstanding section 638 of the IDEA, a State may use funds it receives under section 633 of the IDEA to offer continued early intervention services to a child who previously received services under part C of the IDEA from age 3 until the beginning of the school year following the child’s third birthday with parental consent and without regard to the procedures in 19 section 635(c) of the IDEA.
REHABILITATION SERVICES (INCLUDING TRANSFER OF FUNDS) For carrying out, to the extent not otherwise pro- vided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, $4,092,906,000, of which $3,949,707,000 shall be for grants for vocational rehabili- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1080 tation services under title I of the Rehabilitation Act: Pro- vided, That the Secretary may use amounts provided in this Act, and unobligated balances from title III of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2022, (division H of Public Law 117–103), that remain available subsequent to the reallotment of funds to States pursuant to section 110(b) of the Rehabilitation Act for innovative activities aimed at increasing competitive inte- grated employment as defined in section 7 of such Act for youth and other individuals with disabilities, including related Federal administrative expenses, and for improv- ing monitoring and oversight of grants for vocational reha- bilitation services under title I of the Rehabilitation Act, including information technology modernization: Provided further, That up to 15 percent of the amounts available subsequent to reallotment for the activities described in the first proviso from funds provided under this paragraph in this Act, may be used for evaluation and technical as- sistance related to such activities: Provided further, That States may award subgrants for a portion of the funds to other public and private, nonprofit entities: Provided further, That any funds provided in this Act and made available subsequent to reallotment for the purposes de- scribed in the first proviso shall remain available until December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1081 September 30, 2024: Provided further, That the Secretary may transfer funds provided in this Act and made avail- able subsequent to the reallotment of funds to States pur- suant to section 110(b) of the Rehabilitation Act to ‘‘Insti- tute of Education Sciences’’ for the evaluation of outcomes for students receiving services and supports under IDEA and under title I, section 504 of title V, and title VI of the Rehabilitation Act: Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority in this Act.
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES AMERICAN PRINTING HOUSE FOR THE BLIND For carrying out the Act to Promote the Education of the Blind of March 3, 1879, $43,431,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $92,500,000: Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under 22 section 207 of such Act.
23 24 25 GALLAUDET UNIVERSITY For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1082 support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $165,361,000, of which up to $15,000,000, to remain available until ex- pended, shall be for construction, as defined by section 201(2) of such Act: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act.
CAREER, TECHNICAL, AND ADULT EDUCATION For carrying out, to the extent not otherwise pro- vided, the Carl D. Perkins Career and Technical Edu- cation Act of 2006 (‘‘Perkins Act’’) and the Adult Edu- 13 cation and Family Literacy Act (‘‘AEFLA’’), $2,191,436,000, of which $1,400,436,000 shall become available on July 1, 2023, and shall remain available through September 30, 2024, and of which $791,000,000 shall become available on October 1, 2023, and shall re- main available through September 30, 2024: Provided, That $25,000,000 shall be available for innovation and modernization grants under such section 114(e) of the Perkins Act: Provided further, That of the amounts made available for AEFLA, $13,712,000 shall be for national leadership activities under section 242.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1083 STUDENT FINANCIAL ASSISTANCE For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA, $24,615,352,000 which shall remain available through September 30, 2024.

The maximum Pell Grant for which a student shall be eligible during award year 2023–2024 shall be $6,335.
STUDENT AID ADMINISTRATION For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act, $2,033,943,000, to remain available through September 30, 2024: Provided, That the Secretary shall allocate new student loan borrower accounts to eligible student loan servicers on the basis of their past performance compared to all loan servicers utilizing established common metrics, and on the basis of the capacity of each servicer to process new and existing accounts: Provided further, That for stu- dent loan contracts awarded prior to October 1, 2017, the Secretary shall allow student loan borrowers who are con- solidating Federal student loans to select from any stu- dent loan servicer to service their new consolidated student loan: Provided further, That in order to promote account- ability and high-quality service to borrowers, the Secretary shall not award funding for any contract solicitation for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1084 a new Federal student loan servicing environment, includ- ing the solicitation for the Federal Student Aid (FSA) Next Generation Processing and Servicing Environment, unless such an environment provides for the participation of multiple student loan servicers that contract directly with the Department of Education to manage a unique portfolio of borrower accounts and the full life-cycle of loans from disbursement to pay-off with certain limited exceptions, and allocates student loan borrower accounts to eligible student loan servicers based on performance: Provided further, That the Department shall re-allocate accounts from servicers for recurring non-compliance with FSA guidelines, contractual requirements, and applicable laws, including for failure to sufficiently inform borrowers of available repayment options: Provided further, That such servicers shall be evaluated based on their ability to meet contract requirements (including an understanding of Federal and State law), future performance on the con- tracts, and history of compliance with applicable consumer protections laws: Provided further, That to the extent FSA permits student loan servicing subcontracting, FSA shall hold prime contractors accountable for meeting the re- quirements of the contract, and the performance and ex- pectations of subcontractors shall be accounted for in the prime contract and in the overall performance of the prime December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1085 contractor: Provided further, That FSA shall ensure that the Next Generation Processing and Servicing Environ- ment, or any new Federal loan servicing environment, incentivize more support to borrowers at risk of delin- quency or default: Provided further, That FSA shall en- sure that in such environment contractors have the capac- ity to meet and are held accountable for performance on service levels; are held accountable for and have a history of compliance with applicable consumer protection laws; and have relevant experience and demonstrated effective- ness: Provided further, That the Secretary shall provide quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Edu- cation, Labor, and Pensions of the Senate on general progress related to solicitations for Federal student loan servicing contracts: Provided further, That FSA shall strengthen transparency through expanded publication of aggregate data on student loan and servicer performance: Provided further, That not later than 60 days after enact- ment of this Act, FSA shall provide to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account for fiscal year 2023 and provide quarterly updates on this plan (including contracts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1086 awarded, change orders, bonuses paid to staff, reorganiza- tion costs, and any other activity carried out using amounts provided under this heading for fiscal year 2023): Provided further, That the FSA Next Generation Proc- essing and Servicing Environment, or any new Federal student loan servicing environment, shall include account- ability measures that account for the performance of the portfolio and contractor compliance with FSA guidelines: Provided further, That notwithstanding the requirements of the Federal Property and Administration Services Act of 1949, 41 U.S.C.
3101 et seq., as amended; parts 6, 16, and 37 of title 48, Code of Federal Regulations; or any other procurement limitation on the period of per- formance, the Secretary may extend the period of perform- ance for any contract under section 456 of the HEA for servicing activities for up to one year from the current 17 date of expiration.
18 19 20 21 HIGHER EDUCATION For carrying out, to the extent not otherwise pro- vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 22 1961, and section 117 of the Perkins Act, 23 24 25 $3,526,037,000, of which $184,000,000 shall remain available through December 31, 2023: Provided, That not- withstanding any other provision of law, funds made avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1087 able in this Act to carry out title VI of the HEA and sec- tion 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are partici- pating in advanced foreign language training and inter- national studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of gov- ernment, the professions, or international development: Provided further, That of the funds referred to in the pre- ceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemina- tion activities: Provided further, That up to 1.5 percent of the funds made available under chapter 2 of subpart 2 of part A of title IV of the HEA may be used for evalua- tion: Provided further, That section 313(d) of the HEA shall not apply to an institution of higher education that is eligible to receive funding under section 318 of the HEA: Provided further, That amounts made available for carrying out section 419N of the HEA may be awarded notwithstanding the limitations in section 419N(b)(2) of the HEA: Provided further, That of the amounts made available under this heading, $429,587,000 shall be used for the projects, and in the amounts, specified in the table titled ‘‘Community Project Funding/Congressionally Di- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1088 rected Spending’’ included for this division in the explana- tory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided fur- ther, That none of the funds made available for projects described in the preceding proviso shall be subject to sec- tion 302 of this Act.
HOWARD UNIVERSITY For partial support of Howard University, $354,018,000, of which not less than $3,405,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended.

13 14 15 16 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM For Federal administrative expenses to carry out ac- tivities related to existing facility loans pursuant to section 17 121 of the HEA, $298,000.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING PROGRAM ACCOUNT For the cost of guaranteed loans, $20,150,000, as au- thorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2024: Pro- vided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Con- gressional Budget Act of 1974: Provided further, That December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1089 these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $752,065,725: Provided further, That these funds may be used to support loans to public and private Historically Black Colleges and Universities without regard to the limi- tations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the Historically Black College and University Capital Fi- nancing Program entered into pursuant to part D of title 10 III of the HEA, $528,000.
INSTITUTE OF EDUCATION SCIENCES For necessary expenses for the Institute of Education Sciences as authorized by section 208 of the Department of Education Organization Act and carrying out activities authorized by the National Assessment of Educational Progress Authorization Act, section 208 of the Edu- cational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $807,605,000, which shall remain available through Sep- tember 30, 2024: Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and sec- ondary data systems with early childhood, postsecondary, and workforce data systems, or to further develop such systems: Provided further, That up to $6,000,000 of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1090 funds available to carry out section 208 of the Educational Technical Assistance Act may be used for awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, State, and national levels.
DEPARTMENTAL MANAGEMENT PROGRAM ADMINISTRATION For carrying out, to the extent not otherwise pro- vided, the Department of Education Organization Act, in- cluding rental of conference rooms in the District of Co- lumbia and hire of three passenger motor vehicles, $426,907,000, of which up to $7,000,000, to remain avail- able until expended, shall be available for relocation ex- penses, and for the renovation and repair of leased build- ings: Provided, That, notwithstanding any other provision of law, none of the funds provided by this Act or provided by previous Appropriations Acts to the Department of Education available for obligation or expenditure in the current fiscal year may be used for any activity relating to implementing a reorganization that decentralizes, re- duces the staffing level, or alters the responsibilities, structure, authority, or functionality of the Budget Service of the Department of Education, relative to the organiza- tion and operation of the Budget Service as in effect on January 1, 2018.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1091 OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $140,000,000.

OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $67,500,000, of which $3,000,000 shall remain available until expended.
GENERAL PROVISIONS SEC.

301.

No funds appropriated in this Act may be used to prevent the implementation of programs of vol- untary prayer and meditation in the public schools.

(TRANSFER OF FUNDS) SEC.

302.
Not to exceed 1 percent of any discre- tionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appro- priated for the Department of Education in this Act may be transferred between appropriations, but no such appro- priation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority grant- ed by this section shall not be used to create any new pro- gram or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Com- mittees on Appropriations of the House of Representatives December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1092 and the Senate are notified at least 15 days in advance of any transfer.

SEC.

303.

Funds appropriated in this Act and con- solidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2023, through September 30, 2024.

SEC.

304.
SEC.

304.

(a) An institution of higher education that maintains an endowment fund supported with funds ap- propriated for title III or V of the HEA for fiscal year 2023 may use the income from that fund to award schol- arships to students, subject to the limitation in section 331(c)(3)(B)(i) of the HEA.

The use of such income for such purposes, prior to the enactment of this Act, shall be considered to have been an allowable use of that in- come, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized.

SEC.

305.

Section 114(f) of the HEA (20 U.S.C.

1011c(f)) shall be applied by substituting ‘‘2023’’ for 20 ‘‘2021’’.

21 22 SEC.

306.

Section 458(a)(4) of the HEA (20 U.S.C.

1087h(a)) shall be applied by substituting ‘‘2023’’ for 23 ‘‘2021’’.

24 25 SEC.

307.
24 25 SEC.

307.

Funds appropriated in this Act under the heading ‘‘Student Aid Administration’’ may be available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1093 for payments for student loan servicing to an institution of higher education that services outstanding Federal Per- kins Loans under part E of title IV of the Higher Edu- cation Act of 1965 (20 U.S.C.

1087aa et seq.).

(RESCISSION) SEC.

308.


Of the amounts appropriated under section 401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.

1070a(b)(7)(A)(iv)(XI)) for fiscal year 2023, $75,000,000 are hereby rescinded.

SEC.

309.
SEC.

309.

Of the amounts made available in this title under the heading ‘‘Student Aid Administration’’, $2,300,000 shall be used by the Secretary of Education to conduct outreach to borrowers of loans made under part D of title IV of the Higher Education Act of 1965 who may intend to qualify for loan cancellation under section 455(m) of such Act (20 U.S.C.
1087e(m)), to ensure that borrowers are meeting the terms and conditions of such loan cancellation: Provided, That the Secretary shall spe- cifically conduct outreach to assist borrowers who would qualify for loan cancellation under section 455(m) of such Act except that the borrower has made some, or all, of the 120 required payments under a repayment plan that is not described under section 455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying repayment plan: Provided further, That the Secretary shall also com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1094 municate to all Direct Loan borrowers the full require- ments of section 455(m) of such Act and improve the fil- ing of employment certification by providing improved out- reach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and creating an option for all borrowers to complete the entire payment certification process electronically and on a cen- tralized website.
SEC.

310.
The Secretary may reserve not more than 0.5 percent from any amount made available in this Act for an HEA program, except for any amounts made avail- able for subpart 1 of part A of title IV of the HEA, to carry out rigorous and independent evaluations and to col- lect and analyze outcome data for any program authorized by the HEA: Provided, That no funds made available in this Act for the ‘‘Student Aid Administration’’ account shall be subject to the reservation under this section: Pro- vided further, That any funds reserved under this section shall be available through September 30, 2025: Provided further, That if, under any other provision of law, funds are authorized to be reserved or used for evaluation activi- ties with respect to a program or project, the Secretary may also reserve funds for such program or project for the purposes described in this section so long as the total December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1095 reservation of funds for such program or project does not exceed any statutory limits on such reservations: Provided further, That not later than 30 days prior to the initial obligation of funds reserved under this section, the Sec- retary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Com- mittee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives a plan that identifies the source and amount of funds reserved under this section, the impact on program grantees if funds are withheld for the purposes of this section, and the activities to be carried 13 out with such funds.
SEC.

311.
In addition to amounts otherwise appro- priated by this Act under the heading ‘‘Innovation and Improvement’’ for purposes authorized by the Elementary and Secondary Education Act of 1965, there are hereby appropriated an additional $200,443,000 which shall be used for the projects, and in the amounts, specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included for this division in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That none of the funds made available for such projects shall be subject to section 302 of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1096 (INCLUDING TRANSFER OF FUNDS) SEC.

312.
Of the amounts appropriated in this Act for ‘‘Institute of Education Sciences’’, $19,000,000 shall be available for the Secretary of Education (‘‘the Sec- retary’’) to provide support services to the Institute of Education Sciences (including, but not limited to informa- tion technology services, lease or procurement of office space, human resource services, financial management services, financial systems support, budget formulation and execution, legal counsel, equal employment oppor- tunity services, physical security, facilities management, acquisition and contract management, grants administra- tion and policy, and enterprise risk management): Pro- vided, That the Secretary shall calculate the actual amounts obligated and expended for such support services by using a standard Department of Education method- ology for allocating the cost of all such support services: Provided further, That the Secretary may transfer any amounts available for IES support services in excess of actual amounts needed for IES support services, as so cal- culated, to the ‘‘Program Administration’’ account from the ‘‘Institute of Education Sciences’’ account: Provided further, That in order to address any shortfall between amounts available for IES support services and amounts needed for IES support services, as so calculated, the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1097 retary may transfer necessary amounts to the ‘‘Institute of Education Sciences’’ account from the ‘‘Program Ad- ministration’’ account: Provided further, That the Com- mittees on Appropriations of the House of Representatives and the Senate are notified at least 14 days in advance of any transfer made pursuant to this section.

SEC.

313.

The Education Amendments Act of 1972 is amended by striking section 802.

(RESCISSION) SEC.

314.


Of the unobligated balances available under the heading ‘‘Student Financial Assistance’’ for car- rying out subpart 1 of part A of title IV of the HEA, $360,000,000 are hereby rescinded.

This title may be cited as the ‘‘Department of Edu- cation Appropriations Act, 2023’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1098 TITLE IV RELATED AGENCIES COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED SALARIES AND EXPENSES For expenses necessary for the Committee for Pur- chase From People Who Are Blind or Severely Disabled (referred to in this title as ‘‘the Committee’’) established under section 8502 of title 41, United States Code, $13,124,000: Provided, That in order to authorize any central nonprofit agency designated pursuant to section 8503(c) of title 41, United States Code, to perform re- quirements of the Committee as prescribed under section 51–3.2 of title 41, Code of Federal Regulations, the Com- mittee shall enter into a written agreement with any such central nonprofit agency: Provided further, That such agreement shall contain such auditing, oversight, and re- porting provisions as necessary to implement chapter 85 of title 41, United States Code: Provided further, That such agreement shall include the elements listed under the heading ‘‘Committee For Purchase From People Who Are Blind or Severely Disabled—Written Agreement Ele- ments’’ in the explanatory statement described in section 4 of Public Law 114–113 (in the matter preceding division A of that consolidated Act): Provided further, That any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1099 such central nonprofit agency may not charge a fee under section 51–3.5 of title 41, Code of Federal Regulations, prior to executing a written agreement with the Com- mittee: Provided further, That no less than $3,150,000 shall be available for the Office of Inspector General.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE OPERATING EXPENSES For necessary expenses for the Corporation for Na- tional and Community Service (referred to in this title as ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act of 1973 (referred to in this title as ‘‘1973 Act’’) and the National and Community Service Act of 1990 (referred to in this title as ‘‘1990 Act’’), $975,525,000, notwith- standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided under this heading: (1) up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle; (2) $19,538,000 shall be available to pro- vide assistance to State commissions on national and com- munity service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall be available to carry out subtitle E of the 1990 Act; and (4) $8,558,000 shall be available for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1100 expenses authorized under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of section 198P shall be awarded by CNCS on a competitive basis: Provided further, That for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a determination of need by the local community.
PAYMENT TO THE NATIONAL SERVICE TRUST (INCLUDING TRANSFER OF FUNDS) For payment to the National Service Trust estab- lished under subtitle D of title I of the 1990 Act, $230,000,000, to remain available until expended: Pro- vided, That CNCS may transfer additional funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Represent- atives and the Senate: Provided further, That amounts ap- propriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds 24 under 31 U.S.C.
1513(b).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1101 SALARIES AND EXPENSES For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, au- thorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the em- ployment of experts and consultants authorized under 5 U.S.C.
3109, and not to exceed $2,500 for official recep- tion and representation expenses, $99,686,000.

OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $7,595,000.

14 ADMINISTRATIVE PROVISIONS SEC.

401.

CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking.
For fiscal year 2023, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any cov- ered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to re- 23 ceive such information.

24 25 SEC.

402.
24 25 SEC.

402.

AmeriCorps programs receiving grants under the National Service Trust program shall meet an December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1102 overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share require- ment as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member sup- port Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations.
SEC.

403.

Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing pro- grams and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current pro- 15 grams and operations.

16 17 18 19 SEC.

404.


In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 20 101 of the Act.

21 SEC.

405.
21 SEC.

405.

For the purpose of carrying out section 22 189D of the 1990 Act— 23 24 (1) entities described in paragraph (a) of such section shall be considered ‘‘qualified entities’’ under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1103 section 3 of the National Child Protection Act of 1993 (‘‘NCPA’’); (2) individuals described in such section shall be considered ‘‘volunteers’’ under section 3 of NCPA; and (3) State Commissions on National and Com- munity Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544.

SEC.

406.
SEC.

406.

Notwithstanding sections 139(b), 146 and 147 of the 1990 Act, an individual who successfully com- pletes a term of service of not less than 1,200 hours dur- ing a period of not more than one year may receive a na- tional service education award having a value of 70 per- cent of the value of a national service education award determined under section 147(a) of the Act.

SEC.

407.
SEC.

407.

Section 148(f)(2)(A)(i) of the 1990 Act shall be applied by substituting ‘‘an approved national service position’’ for ‘‘a national service program that re- ceives grants under subtitle C’’.
CORPORATION FOR PUBLIC BROADCASTING For payment to the Corporation for Public Broad- casting (‘‘CPB’’), as authorized by the Communications Act of 1934, an amount which shall be available within December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1104 limitations specified by that Act, for the fiscal year 2025, $535,000,000: Provided, That none of the funds made available to CPB by this Act shall be used to pay for re- ceptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the funds made available to CPB by this Act shall be available or used to aid or support any program or ac- tivity from which any person is excluded, or is denied ben- efits, or is discriminated against, on the basis of race, color, national origin, religion, or sex: Provided further, That none of the funds made available to CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and em- 15 ployees of CPB.
16 17 18 19 In addition, for the costs associated with replacing and upgrading the public broadcasting interconnection system and other technologies and services that create in- frastructure and efficiencies within the public media sys- 20 tem, $60,000,000.
FEDERAL MEDIATION AND CONCILIATION SERVICE SALARIES AND EXPENSES For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the func- tions vested in it by the Labor-Management Relations Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1105 1947, including hire of passenger motor vehicles; for ex- penses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $53,705,000: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, That fees for arbitration serv- ices shall be available only for education, training, and professional development of the agency workforce: Pro- vided further, That the Director of the Service is author- ized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director’s jurisdic- 19 tion.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES For expenses necessary for the Federal Mine Safety and Health Review Commission, $18,012,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1106 INSTITUTE OF MUSEUM AND LIBRARY SERVICES OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION For carrying out the Museum and Library Services Act of 1996 and the National Museum of African Amer- ican History and Culture Act, $294,800,000.

MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION SALARIES AND EXPENSES For expenses necessary to carry out section 1900 of the Social Security Act, $9,405,000.
MEDICARE PAYMENT ADVISORY COMMISSION SALARIES AND EXPENSES For expenses necessary to carry out section 1805 of the Social Security Act, $13,824,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical In- surance Trust Fund.
19 20 21 22 NATIONAL COUNCIL ON DISABILITY SALARIES AND EXPENSES For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation 23 Act of 1973, $3,850,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1107 NATIONAL LABOR RELATIONS BOARD SALARIES AND EXPENSES For expenses necessary for the National Labor Rela- tions Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $299,224,000: Provided, That no part of this appropria- tion shall be available to organize or assist in organizing agricultural laborers or used in connection with investiga- tions, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as de- fined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISION SEC.

408.

None of the funds provided by this Act or previous Acts making appropriations for the National Labor Relations Board may be used to issue any new ad- ministrative directive or regulation that would provide em- ployees any means of voting through any electronic means December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1108 in an election to determine a representative for the pur- poses of collective bargaining.

NATIONAL MEDIATION BOARD SALARIES AND EXPENSES For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards ap- pointed by the President, $15,113,000.

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES For expenses necessary for the Occupational Safety and Health Review Commission, $15,449,000.
RAILROAD RETIREMENT BOARD DUAL BENEFITS PAYMENTS ACCOUNT For payment to the Dual Benefits Payments Ac- count, authorized under section 15(d) of the Railroad Re- tirement Act of 1974, $9,000,000, which shall include amounts becoming available in fiscal year 2023 pursuant to section 224(c)(1)(B) of Public Law 98–76; and in addi- tion, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits: Provided, That the total amount provided herein shall be credited in 12 approximately December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1109 equal amounts on the first day of each month in the fiscal year.

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2024, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98– 11 76.
LIMITATION ON ADMINISTRATION For necessary expenses for the Railroad Retirement Board (‘‘Board’’) for administration of the Railroad Re- tirement Act and the Railroad Unemployment Insurance Act, $128,000,000, to be derived in such amounts as de- termined by the Board from the railroad retirement ac- counts and from moneys credited to the railroad unem- ployment insurance administration fund: Provided, That notwithstanding section 7(b)(9) of the Railroad Retire- ment Act this limitation may be used to hire attorneys only through the excepted service: Provided further, That the previous proviso shall not change the status under Federal employment laws of any attorney hired by the Railroad Retirement Board prior to January 1, 2013: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1110 vided further, That notwithstanding section 7(b)(9) of the Railroad Retirement Act, this limitation may be used to hire students attending qualifying educational institutions or individuals who have recently completed qualifying edu- cational programs using current excepted hiring authori- ties established by the Office of Personnel Management.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $14,000,000, to be derived from the railroad retire- ment accounts and railroad unemployment insurance ac- 13 count.
SOCIAL SECURITY ADMINISTRATION PAYMENTS TO SOCIAL SECURITY TRUST FUNDS For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insur- ance Trust Fund, as provided under sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM For carrying out titles XI and XVI of the Social Se- curity Act, section 401 of Public Law 92–603, section 212 of Public Law 93–66, as amended, and section 405 of Public Law 95–216, including payment to the Social Secu- rity trust funds for administrative expenses incurred pur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1111 suant to section 201(g)(1) of the Social Security Act, $48,609,338,000, to remain available until expended: Pro- vided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury: Pro- vided further, That not more than $86,000,000 shall be available for research and demonstrations under sections 1110, 1115, and 1144 of the Social Security Act, and re- main available through September 30, 2025.
For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the So- cial Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary.

For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2024, $15,800,000,000, to remain available until ex- 17 pended.
LIMITATION ON ADMINISTRATIVE EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses, including the hire and pur- chase of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $13,985,978,000 may be expended, as au- thorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1112 section: Provided, That not less than $2,700,000 shall be for the Social Security Advisory Board: Provided further, That $55,000,000 shall remain available through Sep- tember 30, 2024, for activities to address the disability hearings backlog within the Office of Hearings Oper- ations: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal year 2023 not needed for fiscal year 2023 shall remain available until expended to invest in the Social Security Administration information technology and telecommuni- cations hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and tele- communications infrastructure: Provided further, That the Commissioner of Social Security shall notify the Commit- tees on Appropriations of the House of Representatives and the Senate prior to making unobligated balances available under the authority in the previous proviso: Pro- vided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with inter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1113 est, from amounts in the general fund not otherwise ap- propriated, as soon as possible after such expenditures are made.
Of the total amount made available in the first para- graph under this heading, not more than $1,784,000,000, to remain available through March 31, 2024, is for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an in- dividual’s ability to engage in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Ad- ministration by Special Assistant United States Attorneys: Provided, That, of such amount, $273,000,000 is provided to meet the terms of a concurrent resolution on the budget in the Senate, and $1,511,000,000 is additional new budg- et authority specified for purposes of a concurrent resolu- tion on the budget in the Senate and section 1(i) of H. Res.
1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022: Provided further, That, of the additional new budget authority described in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1114 the preceding proviso, up to $15,100,000 may be trans- ferred to the ‘‘Office of Inspector General’’, Social Secu- rity Administration, for the cost of jointly operated co-op- erative disability investigation units: Provided further, That such transfer authority is in addition to any other transfer authority provided by law: Provided further, That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these funds, similar to the reports that were required by section 103(d)(2) of Public Law 104– 121 for fiscal years 1996 through 2002: Provided further, That none of the funds described in this paragraph shall be available for transfer or reprogramming except as spec- 14 ified in this paragraph.
In addition, $140,000,000 to be derived from admin- istration fees in excess of $5.00 per supplementary pay- ment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66, which shall remain available until expended: Provided, That to the extent that the amounts collected pursuant to such sections in fiscal year 2023 exceed $140,000,000, the amounts shall be available in fiscal year 2024 only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1115 Protection Act, which shall remain available until ex- pended.
OFFICE OF INSPECTOR GENERAL (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $32,000,000, together with not to exceed $82,665,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund: Provided, That $2,000,000 shall remain available until ex- pended for information technology modernization, includ- ing related hardware and software infrastructure and equipment, and for administrative expenses directly asso- ciated with information technology modernization.
In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available: Provided, That notice of such trans- fers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1116 TITLE V GENERAL PROVISIONS (TRANSFER OF FUNDS) SEC.

501.

The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act.
Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated.

11 SEC.

502.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC.

503.
(a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used, other than for normal and recognized executive-legislative relationships, for pub- licity or propaganda purposes, for the preparation, dis- tribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video pres- entation designed to support or defeat the enactment of legislation before the Congress or any State or local legis- lature or legislative body, except in presentation to the Congress or any State or local legislature itself, or de- signed to support or defeat any proposed or pending regu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1117 lation, administrative action, or order issued by the execu- tive branch of any State or local government, except in presentation to the executive branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, ad- ministrative action, or Executive order proposed or pend- ing before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative rela- tionships or participation by an agency or officer of a State, local or tribal government in policymaking and ad- ministrative processes within the executive branch of that 18 government.
(c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restric- tion on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or 25 promotion of gun control.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1118 SEC.

504.
The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for sala- ries and expenses under titles I and III, respectively, for official reception and representation expenses; the Direc- tor of the Federal Mediation and Conciliation Service is authorized to make available for official reception and rep- resentation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and Expenses’’; and the Chairman of the Na- tional Mediation Board is authorized to make available for official reception and representation expenses not to ex- ceed $5,000 from funds available for ‘‘National Mediation Board, Salaries and Expenses’’.
SEC.

505.
When issuing statements, press releases, requests for proposals, bid solicitations and other docu- ments describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal re- search grants, shall clearly state— (1) the percentage of the total costs of the pro- gram or project which will be financed with Federal money; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1119 (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

SEC.

506.

(a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health ben- efits coverage that includes coverage of abortion.

(c) The term ‘‘health benefits coverage’’ means the package of services covered by a managed care provider or organization pursuant to a contract or other arrange- ment.

18 SEC.

507.
SEC.

507.

(a) The limitations established in the pre- ceding section shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1120 would, as certified by a physician, place the woman in danger of death unless an abortion is performed.

(b) Nothing in the preceding section shall be con- strued as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State’s or locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be con- strued as restricting the ability of any managed care pro- vider from offering abortion coverage or the ability of a State or locality to contract separately with such a pro- vider for such coverage with State funds (other than a State’s or locality’s contribution of Medicaid matching 14 funds).
(d)(1) None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide cov- erage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes an individual physician or other health care pro- fessional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1121 or any other kind of health care facility, organization, or plan.

SEC.

508.
SEC.

508.

(a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or em- bryos are destroyed, discarded, or knowingly sub- jected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C.

289g(b)).
289g(b)).

(b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

SEC.

509.
SEC.

509.

(a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances estab- lished under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1122 (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.

SEC.

510.
SEC.

510.

None of the funds made available in this Act may be used to promulgate or adopt any final stand- ard under section 1173(b) of the Social Security Act pro- viding for, or providing for the assignment of, a unique health identifier for an individual (except in an individ- ual’s capacity as an employer or a health care provider), until legislation is enacted specifically approving the 13 standard.

14 15 SEC.

511.
14 15 SEC.

511.

None of the funds made available in this Act may be obligated or expended to enter into or renew 16 a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C.
4212(d) regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such enti- ty.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1123 SEC.

512.
1123 SEC.

512.

None of the funds made available in this Act may be transferred to any department, agency, or in- strumentality of the United States Government, except pursuant to a transfer made by, or transfer authority pro- vided in, this Act or any other appropriation Act.

SEC.

513.
SEC.

513.

None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by para- graph (1) of section 224(f) of such Act, as amended by the Children’s Internet Protection Act, unless such library has made the certifications required by paragraph (4) of 12 such section.

13 SEC.

514.
(a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obli- gation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1124 (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever oc- curs earlier, and are notified in writing 10 days in advance 11 of such reprogramming.
(b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agen- cies funded by this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (in- cluding construction projects), or activities; (2) reduces by 10 percent funding for any exist- ing program, project, or activity, or numbers of per- sonnel by 10 percent as approved by Congress; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1125 (3) results from any general savings from a re- duction in personnel which would result in a change in existing programs, activities, or projects as ap- proved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever oc- curs earlier, and are notified in writing 10 days in advance 10 of such reprogramming.
SEC.

515.

(a) None of the funds made available in this Act may be used to request that a candidate for ap- pointment to a Federal scientific advisory committee dis- close the political affiliation or voting history of the can- didate or the position that the candidate holds with re- spect to political issues not directly related to and nec- essary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to disseminate information that is deliberately 20 false or misleading.

21 22 23 24 25 SEC.

516.
SEC.

516.

Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the pro- gram, project, and activity level any funding allocations for fiscal year 2023 that are different than those specified December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1126 in this Act, the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) or the fiscal year 2023 budget request.

SEC.

517.
The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agree- ments exceeding $500,000, individually or in total for a particular project, activity, or programmatic initiative, in value and awarded by the Department on a non-competi- tive basis during each quarter of fiscal year 2023, but not to include grants awarded on a formula basis or directed by law.
Such report shall include the name of the con- tractor or grantee, the amount of funding, the govern- mental purpose, including a justification for issuing the award on a non-competitive basis.

Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted.

SEC.

518.
SEC.

518.

None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of So- cial Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1127 number that is not the claimant’s number and the per- formance of such work under such number has formed the basis for a conviction of the claimant of a violation of sec- tion 208(a)(6) or (7) of the Social Security Act.

SEC.

519.
None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensa- tion of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico estab- lishing totalization arrangements between the social secu- rity system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement.
SEC.

520.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out crimi- nal investigations, prosecution, or adjudication activities.

SEC.

521.
SEC.

521.

For purposes of carrying out Executive Order 13589, Office of Management and Budget Memo- randum M–12–12 dated May 11, 2012, and requirements December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1128 contained in the annual appropriations bills relating to conference attendance and expenditures: (1) the operating divisions of HHS shall be con- sidered independent agencies; and (2) attendance at and support for scientific con- ferences shall be tabulated separately from and not included in agency totals.

SEC.

522.
SEC.

522.

Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, pub- lished, or produced and disseminated at United States tax- payer 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 com- munications regarding the programs and activities of the 17 agency.

18 SEC.

523.

(a) Federal agencies may use Federal dis- cretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots.
Such Pilots shall be governed by the provisions of section 526 of division H of Public Law 113–76, except that in car- rying out such Pilots section 526 shall be applied by sub- stituting ‘‘Fiscal Year 2023’’ for ‘‘Fiscal Year 2014’’ in the title of subsection (b) and by substituting ‘‘September December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1129 30, 2027’’ for ‘‘September 30, 2018’’ each place it ap- pears: Provided, That such pilots shall include commu- nities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of division H of Public Law 113–76, section 524 of division G of Public Law 113–235, section 525 of division H of Public Law 114–113, section 525 of division H of Public Law 115–31, section 525 of division H of Public Law 115–141, section 524 of division A of Public Law 116–94, section 524 of division H of Public Law 116–260, and section 523 of division H of Public Law 15 117–103.
16 17 18 (c) Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such 19 authorities.

20 SEC.

524.
SEC.

524.

Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2023 the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appro- priations of the House of Representatives and Senate a December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1130 report on the status of balances of appropriations: Pro- vided, That for balances that are unobligated and uncom- mitted, committed, and obligated but unexpended, the monthly reports shall separately identify the amounts at- tributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived.

SEC.

525.
The Departments of Labor, Health and Human Services, and Education shall provide to the Com- mittees on Appropriations of the House of Representatives and the Senate a comprehensive list of any new or com- petitive grant award notifications, including supplements, issued at the discretion of such Departments not less than 3 full business days before any entity selected to receive a grant award is announced by the Department or its of- fices (other than emergency response grants at any time of the year or for grant awards made during the last 10 business days of the fiscal year, or if applicable, of the 19 program year).
SEC.

526.

Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug: Provided, That such limita- tion does not apply to the use of funds for elements of a program other than making such purchases if the rel- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1131 evant State or local health department, in consultation with the Centers for Disease Control and Prevention, de- termines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law.

SEC.

527.
SEC.

527.

Each department and related agency fund- ed through this Act shall provide answers to questions submitted for the record by members of the Committee within 45 business days after receipt.

SEC.

528.

Of amounts deposited in the Child Enroll- ment Contingency Fund under section 2104(n)(2) of the Social Security Act and the income derived from invest- ment of those funds pursuant to section 2104(n)(2)(C) of that Act, $14,628,000,000 shall not be available for obli- 17 gation in this fiscal year.
SEC.

529.

(a) This section applies to: (1) the Admin- istration for Children and Families in the Department of Health and Human Services; and (2) the Chief Evaluation Office and the statistical-related cooperative and inter- agency agreements and contracting activities of the Bu- reau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either appropriated, allocated, advanced on a reimbursable December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1132 basis, or transferred to the functions and organizations identified in subsection (a) for research, evaluation, or sta- tistical purposes shall be available for obligation through September 30, 2027: Provided, That when an office ref- erenced in subsection (a) receives research and evaluation funding from multiple appropriations, such offices may use a single Treasury account for such activities, with funding advanced on a reimbursable basis.
(c) Amounts referenced in subsection (b) that are un- expended at the time of completion of a contract, grant, or cooperative agreement may be deobligated and shall im- mediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which such amounts 15 are available.
16 17 18 This division may be cited as the ‘‘Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1133 DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023 TITLE I LEGISLATIVE BRANCH SENATE EXPENSE ALLOWANCES For expense allowances of the Vice President, $20,000; the President Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, $40,000; Minor- ity Leader of the Senate, $40,000; Majority Whip of the Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority Conference Committees, $5,000 for each Chairman; and Chairmen of the Majority and Mi- nority Policy Committees, $5,000 for each Chairman; in all, $195,000.
17 18 For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such 19 Leader; in all, $30,000.

20 21 22 23 SALARIES, OFFICERS AND EMPLOYEES For compensation of officers, employees, and others as authorized by law, including agency contributions, $258,677,000, which shall be paid from this appropriation 24 as follows: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1134 OFFICE OF THE VICE PRESIDENT For the Office of the Vice President, $2,907,000.

OFFICE OF THE PRESIDENT PRO TEMPORE For the Office of the President Pro Tempore, $832,000.

OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS For the Office of the President Pro Tempore Emer- itus, $359,000.

OFFICES OF THE MAJORITY AND MINORITY LEADERS For Offices of the Majority and Minority Leaders, 11 $6,196,000.
12 13 OFFICES OF THE MAJORITY AND MINORITY WHIPS For Offices of the Majority and Minority Whips, 14 $3,876,000.

15 16 COMMITTEE ON APPROPRIATIONS For salaries of the Committee on Appropriations, 17 $17,900,000.

18 19 20 21 22 CONFERENCE COMMITTEES For the Conference of the Majority and the Con- ference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $1,891,000 for each such committee; in all, $3,782,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1135 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $940,000.

POLICY COMMITTEES For salaries of the Majority Policy Committee and the Minority Policy Committee, $1,931,000 for each such committee; in all, $3,862,000.

OFFICE OF THE CHAPLAIN For Office of the Chaplain, $598,000.
OFFICE OF THE SECRETARY For Office of the Secretary, $29,282,000.

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER For Office of the Sergeant at Arms and Doorkeeper, $108,929,000.

17 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY For Offices of the Secretary for the Majority and the Secretary for the Minority, $2,126,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES For agency contributions for employee benefits, as authorized by law, and related expenses, $77,088,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1136 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE For salaries and expenses of the Office of the Legisla- tive Counsel of the Senate, $8,150,000.
OFFICE OF SENATE LEGAL COUNSEL For salaries and expenses of the Office of Senate Legal Counsel, $1,350,000.

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJOR- ITY AND MINORITY OF THE SENATE For expense allowances of the Secretary of the Sen- ate, $7,500; Sergeant at Arms and Doorkeeper of the Sen- ate, $7,500; Secretary for the Majority of the Senate, $7,500; Secretary for the Minority of the Senate, $7,500; 15 in all, $30,000.
CONTINGENT EXPENSES OF THE SENATE INQUIRIES AND INVESTIGATIONS For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public Law 96–304), and Senate Resolution 281, 96th Congress, agreed to March 11, 1980, $145,615,000, of which $14,561,500 shall remain available until Sep- 25 tember 30, 2025.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1137 U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL For expenses of the United States Senate Caucus on International Narcotics Control, $552,000.

SECRETARY OF THE SENATE For expenses of the Office of the Secretary of the Senate, $17,515,000, of which $13,254,193 shall remain available until September 30, 2027, and of which $4,260,807 shall remain available until expended.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $171,844,000, of which $160,144,000 shall remain available until September 30, 2027: Provided, That of the amount provided under this heading, $5,000,000 shall be for Senate hearing room audiovisual equipment, to remain available until expended: Provided further, That of the amount provided under this heading, $2,500,000 shall be for a residential security sys- tem program, to remain available until expended.
SERGEANT AT ARMS FELLOWSHIPS FUND For expenses authorized by the Sergeant at Arms Fellowships Fund established in section 102 of this Act, $6,277,000, to remain available until expended.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1138 MISCELLANEOUS ITEMS For miscellaneous items, $27,814,000 which shall re- main available until September 30, 2025.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT For Senators’ Official Personnel and Office Expense Account, $512,000,000, of which $20,128,950 shall re- main available until September 30, 2025, and of which $7,000,000 shall be allocated solely for the purpose of pro- viding financial compensation to Senate interns.

OFFICIAL MAIL COSTS For expenses necessary for official mail costs of the Senate, $300,000.
ADMINISTRATIVE PROVISIONS REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFI- CIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO RE- DUCE THE FEDERAL DEBT SEC.

101.
101.

Notwithstanding any other provision of law, any amounts appropriated under this Act under the heading ‘‘SENATE’’ under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under the heading ‘‘SEN- ATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE AC- COUNT’’ shall be available for obligation only during the fiscal year or fiscal years for which such amounts are December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1139 made available.


Any unexpended balances under such al- lowances remaining after the end of the period of avail- ability shall be returned to the Treasury in accordance with the undesignated paragraph under the center heading ‘‘GENERAL PROVISION’’ under chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C.
4107) and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate).

MCCAIN-MANSFIELD AND SFC SEAN COOLEY AND SPC CHRISTOPHER HORTON CONGRESSIONAL GOLD STAR FAMILY FELLOWSHIPS PROGRAMS SEC.

102.
(a) DEFINITIONS.—In this section— (1) the term ‘‘appropriate committees of the Senate’’ means the Committee on Appropriations and the Committee on Rules and Administration of the Senate; (2) the term ‘‘Fellowships Programs’’ means the SFC Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program (commonly referred to as the ‘‘Green and Gold Con- gressional Aide Program’’) established under Senate Resolution 442 (117th Congress), agreed to Novem- ber 4, 2021, and the McCain-Mansfield Fellowship December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1140 Program established under Senate Resolution 443 (117th Congress), agreed to November 4, 2021, or any successor program to such programs; (3) the term ‘‘Fund’’ means the Sergeant at Arms Fellowships Fund established under subsection (b); and (4) the term ‘‘Sergeant at Arms’’ means the Sergeant at Arms and Doorkeeper of the Senate.
(b) ESTABLISHMENT.—There is established under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ an account to be known as the ‘‘SERGEANT AT ARMS FEL- LOWSHIPS FUND’’.

13 (c) USE OF AMOUNTS.— (1) IN GENERAL.—Amounts in the Fund shall be available to the Sergeant at Arms for the costs of compensation of fellows under the Fellowships Programs and the administration of the Fellowships Programs, except as provided in paragraph (2).
(2) AGENCY CONTRIBUTIONS.—Agency con- tributions for the Fellowships Programs shall be paid from the appropriations account for ‘‘Salaries, Officers and Employees’’ of the Senate.

(d) OVERSIGHT.—The Sergeant at Arms shall pro- vide to the appropriate committees of the Senate— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1141 (1) a plan regarding the administration of the Fund by the Sergeant at Arms prior to obligation of any funds, to be updated and resubmitted following any changes to the plan; and (2) annual reports regarding the costs of the Fellowships Programs paid from the Fund.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Fund for fiscal year 2023, and each fiscal year thereafter, such sums as are necessary for the compensation of fellows under the Fellowships Programs during the fiscal year and for the administration of the Fellowships Programs.
(f) EXCLUSION FOR PURPOSES OF STAFFING LIMITS ON THE OFFICE OF THE SERGEANT AT ARMS.—The pay- ment of compensation to any individual serving in a fellow- ship under the Fellowships Programs by the Sergeant at Arms shall not be included for purposes of any limitation on staffing levels of the Office of the Sergeant at Arms.

SENATE DEMOCRATIC LEADERSHIP OFFICES FUNDING AUTHORITIES SEC.

103.

(a) Section 104 of division I of the Consoli- dated Appropriations Act, 2021 (2 U.S.C.
6154 note) is 23 amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1142 (1) by striking ‘‘Office of the Assistant Leader’’ each place it appears and inserting ‘‘office of the designated officer’’; (2) in subsection (a)— (A) in paragraph (2), by striking ‘‘means the 117th Congress; and’’ and inserting ‘‘means the 118th Congress;’’; (B) in paragraph (3), by striking ‘‘and ending on January 3, 2023.’’ and inserting ‘‘and ending on January 7, 2025; and’’; and (C) by adding at the end the following: ‘‘(4) the term ‘designated officer of the applica- ble conference’ means the member of the leadership of the applicable conference to whom the duties and authorities of the Secretary of the applicable con- ference are assigned under subsection (b).’’; (3) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘January 3, 2021, assign to the Assistant Leader of the applicable con- ference’’ and inserting ‘‘January 3, 2023, at the di- rection of the Chair of the applicable conference, as- sign to a member of the leadership of the applicable conference’’; and (4) in subsection (c)(3), by striking ‘‘Assistant Leader’’ and inserting ‘‘designated officer’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1143 (b) The amendments made by subsection (a) shall take effect on January 3, 2023.
HOUSE OF REPRESENTATIVES SALARIES AND EXPENSES For salaries and expenses of the House of Represent- atives, $1,847,571,000, as follows: HOUSE LEADERSHIP OFFICES For salaries and expenses, as authorized by law, $36,560,000, including: Office of the Speaker, $10,499,000, including $35,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $3,730,000, including $15,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $10,499,000, including $17,500 for official expenses of the Minority Leader; Office of the Majority Whip, includ- ing the Chief Deputy Majority Whip, $3,099,000, includ- ing $5,000 for official expenses of the Majority Whip; Of- fice of the Minority Whip, including the Chief Deputy Mi- nority Whip, $2,809,000, including $5,000 for official ex- penses of the Minority Whip; Republican Conference, $2,962,000; Democratic Caucus, $2,962,000: Provided, That such amount for salaries and expenses shall remain available from January 3, 2023 until January 2, 2024.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1144 MEMBERS’ REPRESENTATIONAL ALLOWANCES INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF MEMBERS, AND OFFICIAL MAIL For Members’ representational allowances, including Members’ clerk hire, official expenses, and official mail, $810,000,000.
ALLOWANCE FOR COMPENSATION OF INTERNS IN MEMBER OFFICES For the allowance established under section 120 of the Legislative Branch Appropriations Act, 2019 (2 U.S.C.
5322a) for the compensation of interns who serve in the offices of Members of the House of Representatives, $20,638,800, to remain available through January 2, 2024: Provided, That notwithstanding section 120(b) of such Act, an office of a Member of the House of Rep- resentatives may use not more than $46,800 of the allow- ance available under this heading during legislative year 18 2023.
ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE LEADERSHIP OFFICES For the allowance established under section 113 of the Legislative Branch Appropriations Act, 2020 (2 U.S.C.

5106) for the compensation of interns who serve in House leadership offices, $586,000, to remain available through January 2, 2024: Provided, That of the amount December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1145 provided under this heading, $322,300 shall be available for the compensation of interns who serve in House leader- ship offices of the majority, to be allocated among such offices by the Speaker of the House of Representatives, and $263,700 shall be available for the compensation of interns who serve in House leadership offices of the minor- ity, to be allocated among such offices by the Minority Floor Leader.
ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE STANDING, SPECIAL AND SELECT COMMITTEE OFFICES For the allowance established under section 113(a)(1) of the Legislative Branch Appropriations Act, 2022 (Public Law 117–103) for the compensation of in- terns who serve in offices of standing, special, and select committees (other than the Committee on Appropria- tions), $2,600,000, to remain available through January 2, 2024: Provided, That of the amount provided under this heading, $1,300,000 shall be available for the compensa- tion of interns who serve in offices of the majority, and $1,300,000 shall be available for the compensation of in- terns who serve in offices of the minority, to be allocated among such offices by the Chair, in consultation with the ranking minority member, of the Committee on House Ad- 24 ministration.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1146 ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE APPROPRIATIONS COMMITTEE OFFICES For the allowance established under section 113(a)(2) of the Legislative Branch Appropriations Act, 2022 (Public Law 117–103) for the compensation of in- terns who serve in offices of the Committee on Appropria- tions, $463,000: Provided, That of the amount provided under this heading, $231,500 shall be available for the compensation of interns who serve in offices of the major- ity, and $231,500 shall be available for the compensation of interns who serve in offices of the minority, to be allo- cated among such offices by the Chair, in consultation with the ranking minority member, of the Committee on 14 Appropriations.
COMMITTEE EMPLOYEES STANDING COMMITTEES, SPECIAL AND SELECT For salaries and expenses of standing committees, special and select, authorized by House resolutions, $180,587,000: Provided, That such amount shall remain available for such salaries and expenses until December 31, 2024, except that $5,800,000 of such amount shall remain available until expended for committee room up- 23 grading.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1147 COMMITTEE ON APPROPRIATIONS For salaries and expenses of the Committee on Ap- propriations, $31,294,000, including studies and examina- tions of executive agencies and temporary personal serv- ices for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided, That such amount shall remain available for such salaries and expenses until De- cember 31, 2024.
SALARIES, OFFICERS AND EMPLOYEES For compensation and expenses of officers and em- ployees, as authorized by law, $324,057,000, including: for salaries and expenses of the Office of the Clerk, includ- ing the positions of the Chaplain and the Historian, and including not more than $25,000 for official representa- tion and reception expenses, of which not more than $20,000 is for the Family Room and not more than $2,000 is for the Office of the Chaplain, $40,827,000, of which $9,000,000 shall remain available until expended; for salaries and expenses of the Office of the Sergeant at Arms, including the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official representation and re- ception expenses, $38,793,000, of which $22,232,000 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1148 shall remain available until expended; for salaries and ex- penses of the Office of the Chief Administrative Officer including not more than $3,000 for official representation and reception expenses, $211,572,000, of which $25,977,000 shall remain available until expended; for sal- aries and expenses of the Office of Diversity and Inclusion, $3,500,000, of which $1,000,000 shall remain available until expended; for salaries and expenses of the Office of the Whistleblower Ombuds, $1,250,000; for salaries and expenses of the Office of the Inspector General, $5,138,000; for salaries and expenses of the Office of Gen- eral Counsel, $1,912,000; for salaries and expenses of the Office of the Parliamentarian, including the Parliamen- tarian, $2,000 for preparing the Digest of Rules, and not more than $1,000 for official representation and reception expenses, $2,184,000; for salaries and expenses of the Of- fice of the Law Revision Counsel of the House, $3,746,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $13,457,000, of which $2,000,000 shall remain available until expended; for sala- ries and expenses of the Office of Interparliamentary Af- 22 fairs, $934,000; for other authorized employees, 23 24 25 $744,000: Provided, That of the amount made available until expended under this heading to the Office of the Ser- geant at Arms, $4,700,000 shall be for activities associ- December 19, 2022 (11:48 p.m.)
 U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1149 ated with securing the permanent residences of Members of the House of Representatives in the congressional dis- tricts the Members represent and securing the temporary residences of Members in the District of Columbia, and may not be transferred or merged under sections 101(b) or 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C.
5507(b) and (c)(2)): Provided further, That as used in the preceding proviso, the term ‘‘Members of the House of Representatives’’ shall include a Delegate or Resident Commissioner to the Congress.
ALLOWANCES AND EXPENSES For allowances and expenses as authorized by House resolution or law, $430,785,200, including: supplies, mate- rials, administrative costs and Federal tort claims, $1,555,000; official mail for committees, leadership of- fices, and administrative offices of the House, $190,000; Government contributions for health, retirement, Social Security, contractor support for actuarial projections, and other applicable employee benefits, $387,368,200, to re- main available until March 31, 2024, except that $37,000,000 of such amount shall remain available until expended; salaries and expenses for Business Continuity and Disaster Recovery, $22,841,000, of which $6,776,000 shall remain available until expended; transition activities for new members and staff, $5,895,000, to remain avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1150 able until expended; Green and Gold Congressional Aide Program, $9,674,000, to remain available until expended; Office of Congressional Ethics, $1,762,000; and miscella- neous items including purchase, exchange, maintenance, repair and operation of House motor vehicles, inter- parliamentary receptions, and gratuities to heirs of de- ceased employees of the House, $1,500,000.
HOUSE OF REPRESENTATIVES MODERNIZATION INITIATIVES ACCOUNT For the House of Representatives Modernization Ini- tiatives Account established under section 115 of the Leg- islative Branch Appropriations Act, 2021 (2 U.S.C.
5513), $10,000,000, to remain available until expended: Pro- vided, That disbursement from this account is subject to approval of the Committee on Appropriations of the House of Representatives: Provided further, That funds provided in this account shall only be used for initiatives rec- ommended by the Select Committee on Modernization or approved by the Committee on House Administration.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1151 ADMINISTRATIVE PROVISIONS REQUIRING AMOUNTS REMAINING IN MEMBERS’ REP- RESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT SEC.

110.

(a) Notwithstanding any other provision of law, any amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOW- ANCES’’ shall be available only for fiscal year 2023.
Any amount remaining after all payments are made under such allowances for fiscal year 2023 shall be deposited in the Treasury and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate).

(b) The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this section.
(c) As used in this section, the term ‘‘Member of the House of Representatives’’ means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES SEC.

111.

None of the funds made available in this Act may be used by the Chief Administrative Officer of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1152 the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile district offices, in an aggre- gate amount that exceeds $1,000 for the vehicle in any month.

CYBERSECURITY ASSISTANCE FOR HOUSE OF REPRESENTATIVES SEC.

112.
The head of any Federal entity that pro- vides assistance to the House of Representatives in the House’s efforts to deter, prevent, mitigate, or remediate cybersecurity risks to, and incidents involving, the infor- mation systems of the House shall take all necessary steps to ensure the constitutional integrity of the separate branches of the government at all stages of providing the assistance, including applying minimization procedures to limit the spread or sharing of privileged House and Mem- ber information.
HOUSE INTERN RESOURCE OFFICE SEC.

113.

(a) ESTABLISHMENT; COORDINATOR.— (1) ESTABLISHMENT; COORDINATOR.—There is established in the Office of the Chief Administrative Officer of the House of Representatives the House Intern Resource Office (hereinafter referred to as the ‘‘Office’’).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1153 (2) APPOINTMENT.—The Office shall be headed by the House Intern Resource Coordinator (herein- after referred to as the ‘‘Coordinator’’), who shall be employed by the Chief Administrative Officer in con- sultation with the chair and ranking minority mem- ber of the Committee on House Administration.
(b) DUTIES.—In consultation with the Office of Di- versity and Inclusion and such other offices as the Coordi- nator considers appropriate, the Office shall— (1) provide support services, such as accom- modations, training, and professional development, to interns of offices of the House of Representatives; (2) serve as a center for resources and best practices for the recruitment, hiring, training, and use of interns by offices of the House of Representa- tives; and (3) gather demographic and other data about interns of offices of the House of Representatives.
(c) ADDRESSING INEQUITIES IN ACCESS TO INTERN- SHIPS.—In carrying out its duties, the Office shall con- sider inequities in access to internships in offices of the House of Representatives, and shall consider the viability of establishing an intern stipend program for interns from underrepresented backgrounds, including those who at- tend Historically Black Colleges and Universities December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1154 (HBCUs), Tribal Colleges and Universities, Hispanic- Serving Institutions (HSIs), and other Minority Serving Institutions described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C.

1067q(a)).

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for fiscal year 2023 and each succeeding fiscal year such sums as may be necessary to carry out this section.
(e) EFFECTIVE DATE.—This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

EDUCATIONAL ASSISTANCE AND PROFESSIONAL DEVELOPMENT FOR HOUSE EMPLOYEES SEC.

114.

(a) EXPANSION OF STUDENT LOAN RE- PAYMENT PROGRAM TO COVER EDUCATIONAL ASSIST- ANCE AND PROFESSIONAL DEVELOPMENT.—Section 105(a) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C.
4536(a)) is amended to read as follows: ‘‘(a) PROGRAM TO COVER STUDENT LOAN REPAY- MENT, EDUCATIONAL ASSISTANCE, AND PROFESSIONAL DEVELOPMENT FOR HOUSE EMPLOYEES.— ‘‘(1) ESTABLISHMENT.—The Chief Administra- tive Officer shall establish a program under which an employing office of the House of Representatives may agree— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1155 ‘‘(A) to repay (by direct payment on behalf of the employee) any student loan previously taken out by an employee of the office; ‘‘(B) to make direct payments on behalf of an employee of the office or to reimburse an employee of the office for expenses paid by the employee for the employee’s educational and professional development; and ‘‘(C) to make direct payments on behalf of an employee of the office or to reimburse an employee of the office for credentialing, profes- sional accreditation, professional licensure, and professional certification expenses paid by the employee.
‘‘(2) EXCLUSION OF MEMBERS.—For purposes of this section, a Member of the House of Rep- resentatives (including a Delegate or Resident Com- missioner to the Congress) shall not be considered to be an employee of the House of Representatives.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to payments made during fiscal year 2023 or any succeeding fiscal year.

HOUSE SERVICES REVOLVING FUND SEC.

115.


(a) INCLUSION OF FUNDS RECEIVED FROM OPERATION OF DRY CLEANING AND LAUNDRY December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1156 SERVICE.—Section 105(a) of the Legislative Branch Ap- propriations Act, 2005 (2 U.S.C.
5545(a)) is amended by adding at the end the following new paragraphs: ‘‘(8) The operation of the House Dry Cleaning and Laundry Service.

‘‘(9) Other activities related to the operation of services offered by the House of Representatives, as approved by the Committee on Appropriations of the House of Representatives.’’.

(b) USE OF AMOUNTS SUBJECT TO NOTIFICATION PROVIDED TO COMMITTEE ON APPROPRIATIONS.—Sec- tion 105(b) of such Act (2 U.S.C.
5545(b)) is amended by striking ‘‘which is approved by’’ and inserting ‘‘upon notification provided by the Chief Administrative Officer 15 to’’.

16 (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

CLARIFICATION OF USE OF CHILD CARE CENTER REVOLV- ING FUND TO STAFF TRAINING CLASSES AND CON- FERENCES SEC.

116.
116.

(a) USE OF FUND.—Section 312(d)(3)(B) of the Legislative Branch Appropriations Act, 1992 (2 U.S.C.

2062(d)(3)(B)) is amended by striking ‘‘The reim- bursement of individuals employed by the center for the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1157 cost of training classes and conferences’’ and inserting ‘‘The cost of training classes and conferences for individ- uals employed by the center’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

AVAILABILITY OF AUTHORITY OF EXECUTIVE AGENCIES TO USE APPROPRIATED AMOUNTS FOR CHILD CARE TO HOUSE OF REPRESENTATIVES SEC.

117.
(a) AVAILABILITY OF AUTHORITY.—Sec- tion 590(g) of title 40, United States Code, is amended by adding at the end the following new paragraph: ‘‘(6) APPLICATION TO HOUSE OF REPRESENTA- TIVES.—This subsection shall apply with respect to the House of Representatives in the same manner as it applies to an Executive agency, except that— ‘‘(A) the authority granted to the Office of Personnel Management shall be exercised with respect to the House of Representatives by the Speaker of the House of Representatives in ac- cordance with regulations promulgated by the Committee on House Administration; and ‘‘(B) amounts may be made available to implement this subsection with respect to the House of Representatives without advance no- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1158 tice to the Committee on Appropriations of the Senate.’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

JOINT ITEMS For Joint Committees, as follows: JOINT ECONOMIC COMMITTEE For salaries and expenses of the Joint Economic Committee, $4,283,000, to be disbursed by the Secretary 11 of the Senate.
JOINT COMMITTEE ON TAXATION For salaries and expenses of the Joint Committee on Taxation, $12,948,000, to be disbursed by the Chief Ad- ministrative Officer of the House of Representatives.
For other joint items, as follows: OFFICE OF THE ATTENDING PHYSICIAN For medical supplies, equipment, and contingent ex- penses of the emergency rooms, and for the Attending Physician and their assistants, including: (1) an allowance of $3,500 per month to the Attending Physician; (2) an allowance of $2,500 per month to the Senior Medical Officer; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1159 (3) an allowance of $900 per month each to three medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $900 per month to 2 assist- ants and $900 per month each not to exceed 11 as- sistants on the basis heretofore provided for such as- sistants; and (5) $2,880,000 for reimbursement to the De- partment of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attend- ing Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other ex- penses are payable and shall be available for all the purposes thereof, $4,181,000, to be disbursed by the Chief Administrative Officer of the House of Rep- resentatives.
OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES SALARIES AND EXPENSES For salaries and expenses of the Office of Congres- sional Accessibility Services, $1,702,000, to be disbursed by the Secretary of the Senate.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1160 CAPITOL POLICE SALARIES For salaries of employees of the Capitol Police, in- cluding overtime, hazardous duty pay, and Government contributions for health, retirement, social security, pro- fessional liability insurance, and other applicable employee benefits, $541,730,000 of which overtime shall not exceed $64,912,000 unless the Committees on Appropriations of the House and Senate are notified, to be disbursed by the Chief of the Capitol Police or a duly authorized designee: Provided, That of the total amount appropriated, $16,000,000 shall be available for retention bonuses: Pro- vided further, That of the total amount appropriated, $3,450,000 is for agreed upon protection activities for Members of Congress and shall be available until Sep- tember 30, 2024, with notification to the Committees on Appropriations prior to the obligation of funds.
GENERAL EXPENSES For necessary expenses of the Capitol Police, includ- ing motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, the awards pro- gram, postage, communication services, travel advances, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1161 relocation of instructor and liaison personnel for the Fed- eral Law Enforcement Training Centers, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official rep- resentation and reception expenses, $192,846,000, to be disbursed by the Chief of the Capitol Police or a duly au- thorized designee, of which $6,028,000 shall be for agreed upon protection activities for Members of Congress and shall be available until September 30, 2025: Provided, That amounts made available for the Enhanced Member Protection Program may be obligated and expended only upon approval of the Committees on Appropriations: Pro- vided further, That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Centers for fis- cal year 2023 shall be paid by the Secretary of Homeland Security from funds available to the Department of Home- 18 land Security.
ADMINISTRATIVE PROVISIONS VOLUNTEER CHAPLAIN SERVICES SEC.

120.

(a) The Chief of the Capitol Police shall have authority to accept unpaid religious chaplain services, whereby volunteers from multiple faiths, authorized by their respective religious endorsing agency or organization, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1162 may advise, administer, and perform spiritual care and re- ligious guidance for Capitol Police employees.

(b) Chaplains shall not be required to perform any rite, ritual, or ceremony, and employees shall not be re- quired to receive such rite, ritual, or ceremony, if doing so would compromise the conscience, moral principles, or religious beliefs of such chaplain or employees or the chap- lain’s endorsing agency or organization.
(c) EFFECTIVE DATE.—This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

SEC.

121.
Notwithstanding any other provision of law (except section 1341 of title 31, United States Code), hereafter, the United States Capitol Police shall perform a threat assessment for former Speakers of the House of Representatives, and if warranted, any such former Speaker shall receive a United States Capitol Police pro- tective detail for a period of not more than one year begin- ning on the date they leave such office, except that such former Speaker shall have the option to decline such pro- tective detail at any time: Provided, That at the conclusion of the one year period, the United States Capitol Police shall perform a threat assessment to determine whether extension of the protective detail is warranted: Provided further, That, the protective detail may be extended be- yond the initial one year period, with the concurrence of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1163 the relevant former Speaker, if the United States Capitol Police determines that information or conditions, includ- ing but not limited to violent threats, warrant such protec- tion: Provided further, That the United States Capitol Po- lice is authorized to enter into Memoranda of Under- standing with relevant state and local law enforcement agencies, as needed, to carry out this section.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS SALARIES AND EXPENSES For salaries and expenses necessary for the operation of the Office of Congressional Workplace Rights, $8,000,000, of which $2,500,000 shall remain available until September 30, 2024, and of which not more than $1,000 may be expended on the certification of the Execu- tive Director in connection with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE SALARIES AND EXPENSES For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with offi- cial representation and reception expenses, $63,237,000: Provided, That the Director shall use not less than December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1164 $500,000 of the amount made available under this head- ing for (1) improving technical systems, processes, and models for the purpose of improving the transparency of estimates of budgetary effects to Members of Congress, employees of Members of Congress, and the public, and (2) to increase the availability of models, economic as- sumptions, and data for Members of Congress, employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL CAPITAL CONSTRUCTION AND OPERATIONS For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for all necessary expenses for surveys and studies, con- struction, operation, and general and administrative sup- port in connection with facilities and activities under the care of the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate and House office buildings, and other facilities under the juris- diction of the Architect of the Capitol; including fur- nishings and office equipment; including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may ap- prove; for purchase or exchange, maintenance, and oper- ation of a passenger motor vehicle, $145,843,000: Pro- vided, That none of the funds appropriated or made avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1165 able under this heading in this Act or any other Act, in- cluding previous Acts, may be used for a home-to-work vehicle for the Architect or a duly authorized designee.

CAPITOL BUILDING For all necessary expenses for the maintenance, care and operation of the Capitol, $80,589,000, of which $6,099,000 shall remain available until September 30, 2027, and of which $42,785,000 shall remain available until expended.
CAPITOL GROUNDS For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, 14 $16,365,000, of which $2,000,000 shall remain available 15 until September 30, 2027.
SENATE OFFICE BUILDINGS For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be expended under the control and super- vision of the Architect of the Capitol, $184,596,000, of which $66,000,000 shall remain available until September 30, 2027, and of which $36,100,000 shall remain available 23 until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1166 HOUSE OFFICE BUILDINGS (INCLUDING TRANSFER OF FUNDS) For all necessary expenses for the maintenance, care and operation of the House office buildings, $126,279,000, of which $14,500,000 shall remain avail- able until September 30, 2027, and of which $40,600,000 shall remain available until expended for the restoration and renovation of the Cannon House Office Building: Pro- vided, That of the amount made available under this head- ing, $4,000,000 shall be derived by transfer from the House Office Building Fund established under section 176(d) of the Continuing Appropriations Act, 2017 (2 U.S.C.
2001 note).
CAPITOL POWER PLANT For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heat- ing, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate ga- rage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Publishing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Su- preme Court Building, the Union Station complex, the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1167 Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $166,951,000, of which $68,600,000 shall remain avail- able until September 30, 2027: Provided, That not more than $10,000,000 of the funds credited or to be reim- bursed to this appropriation as herein provided shall be available for obligation during fiscal year 2023.
LIBRARY BUILDINGS AND GROUNDS For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library 14 buildings and grounds, $144,220,000, of which 15 $108,000,000 shall remain available until September 30, 16 2027.
CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhance- ments of the United States Capitol Police, wherever lo- cated, the Alternate Computing Facility, and Architect of the Capitol security operations, $402,907,000, of which $346,255,000 shall remain available until September 30, 2027: Provided, That of such amount, $80,000,000 shall be for design and construction of enhanced screening ves- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1168 tibules at the north and south Capitol Building entrances: Provided further, That of such amount, $238,455,000 shall be for the Capitol Complex Security Program: Pro- vided further, That amounts made available for the Capitol Complex Security Program may be obligated and ex- pended only upon approval of the Committees on Appro- priations.
BOTANIC GARDEN For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and ex- change, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Com- mittee on the Library, $23,560,000, of which $8,200,000 shall remain available until September 30, 2027: Provided, That, of the amount made available under this heading, the Architect of the Capitol may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National Garden established under sec- tion 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C.
2146), upon vouchers approved by the Ar- chitect of the Capitol or a duly authorized designee.

CAPITOL VISITOR CENTER For all necessary expenses for the operation of the Capitol Visitor Center, $27,692,000.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1169 ADMINISTRATIVE PROVISIONS NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET SEC.

130.
130.

None of the funds made available in this Act for the Architect of the Capitol may be used to make incentive or award payments to contractors for work on contracts or programs for which the contractor is behind schedule or over budget, unless the Architect of the Cap- itol, or agency-employed designee, determines that any such deviations are due to unforeseeable events, govern- ment-driven scope changes, or are not significant within the overall scope of the project and/or program.
REAUTHORIZATION OF FALLEN HEROES FLAG ACT OF 2016 SEC.

131.

Section 5 of the Fallen Heroes Flag Act of 2016 (2 U.S.C.

1881c) is amended by striking ‘‘through 2022’’ and inserting ‘‘through 2028’’.
LIBRARY OF CONGRESS SALARIES AND EXPENSES For all necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library’s catalogs; custody and custo- dial care of the Library buildings; information technology services provided centrally; special clothing; cleaning, laundering and repair of uniforms; preservation of motion December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1170 pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Li- brary; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $582,529,000, and, in addition, amounts credited to this appropriation during fiscal year 2023 under the Act of June 28, 1902 (chapter 1301; 32 Stat.
480; 2 U.S.C.
150), shall remain available until expended: Provided, That the Library of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obliga- tion or expenditure in appropriations Acts: Provided fur- ther, That of the total amount appropriated, not more than $18,000 may be expended, on the certification of the Librarian of Congress, in connection with official rep- resentation and reception expenses, including for the Over- seas Field Offices: Provided further, That of the total amount appropriated, $12,245,000 shall remain available until expended for the Teaching with Primary Sources program: Provided further, That of the total amount ap- propriated, $1,459,000 shall remain available until ex- pended for upgrade of the Legislative Branch Financial December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1171 Management System: Provided further, That of the total amount appropriated, $250,000 shall remain available until expended for the Surplus Books Program to promote the program and facilitate a greater number of donations to eligible entities across the United States: Provided fur- ther, That of the total amount appropriated, $3,976,000 shall remain available until expended for the Veterans History Project to continue digitization efforts of already collected materials, reach a greater number of veterans to record their stories, and promote public access to the Project: Provided further, That of the total amount appro- priated, $1,500,000 shall remain available until expended for the COVID–19 American History Project.
COPYRIGHT OFFICE SALARIES AND EXPENSES For all necessary expenses of the Copyright Office, $100,674,000, of which not more than $39,702,000, to remain available until expended, shall be derived from col- lections credited to this appropriation during fiscal year 2023 under sections 708(d) and 1316 of title 17, United States Code: Provided, That the Copyright Office may not obligate or expend any funds derived from collections under such section in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $7,210,000 shall be derived December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1172 from collections during fiscal year 2023 under sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title: Pro- vided further, That the total amount available for obliga- tion shall be reduced by the amount by which collections are less than $46,912,000: Provided further, That of the funds provided under this heading, not less than $17,100,000 is for modernization initiatives, of which $10,000,000 shall remain available until September 30, 2024: Provided further, That not more than $100,000 of the amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’ in the Copyright Office of the Library of Congress for the purpose of train- ing nationals of developing countries in intellectual prop- erty laws and policies: Provided further, That not more than $6,500 may be expended, on the certification of the Librarian of Congress, in connection with official rep- resentation and reception expenses for activities of the International Copyright Institute and for copyright dele- gations, visitors, and seminars: Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States Code, any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright Office pursuant to sections 111, 119, and chapter 10 of such title may be used for the costs incurred in the administration of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1173 Copyright Royalty Judges program, with the exception of the costs of salaries and benefits for the Copyright Royalty Judges and staff under section 802(e).

CONGRESSIONAL RESEARCH SERVICE SALARIES AND EXPENSES For all necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 (2 U.S.C.
166) and to revise and extend the Anno- tated Constitution of the United States of America, $133,600,000: Provided, That no part of such amount may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate: Provided further, That this prohibition does not apply to publication of non-confidential Congressional Research Service (CRS) products: Provided further, That a non-con- fidential CRS product includes any written product con- taining research or analysis that is currently available for general congressional access on the CRS Congressional Intranet, or that would be made available on the CRS Congressional Intranet in the normal course of business December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1174 and does not include material prepared in response to Congressional requests for confidential analysis or re- search.

NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT DISABLED SALARIES AND EXPENSES For all necessary expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat.

1487; 2 U.S.C.
1487; 2 U.S.C.

135a), $58,657,000: Provided, That of the total amount appropriated, $650,000 shall be available to contract to provide newspapers to blind and print disabled residents at no cost to the individual.

13 14 15 16 17 ADMINISTRATIVE PROVISIONS REIMBURSABLE AND REVOLVING FUND ACTIVITIES SEC.

140.

(a) IN GENERAL.—For fiscal year 2023, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed 18 $308,554,000.
19 20 21 22 (b) ACTIVITIES.—The activities referred to in sub- section (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the Legislative 23 Branch.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1175 USE OF APPROPRIATED FUNDS TO COVER SALARIES OF CERTAIN PERSONNEL OF LITTLE SCHOLARS CHILD DEVELOPMENT CENTER SEC.

141.
141.

(a) USE OF FUNDS.—Section 210 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
162b) is amended— (1) in subsection (f)(1), by striking ‘‘pay to the Library of Congress’’ and inserting ‘‘except as pro- vided in subsection (g), pay to the Library of Con- gress’’; (2) by redesignating subsection (g) as sub- section (h); and (3) by inserting after subsection (f) the fol- lowing new subsection: ‘‘(g) REIMBURSEMENT FOR CERTAIN COMPENSA- TION.—Notwithstanding paragraph (1) of subsection (f), in the case of expenses described in such paragraph which are attributable to the compensation of the Executive Di- rector and Deputy Executive Director of the Center, the Librarian of Congress may reimburse the Center for such expenses from amounts appropriated or otherwise made available for salaries and expenses of the Library of Con- gress.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1176 (b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.
GOVERNMENT PUBLISHING OFFICE CONGRESSIONAL PUBLISHING (INCLUDING TRANSFER OF FUNDS) For authorized publishing of congressional informa- tion and the distribution of congressional information in any format; publishing of Government publications au- thorized by law to be distributed to Members of Congress; and publishing, and distribution of Government publica- tions authorized by law to be distributed without charge to the recipient, $82,992,000: Provided, That this appro- priation shall not be available for paper copies of the per- manent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates au- thorized under section 906 of title 44, United States Code: Provided further, That this appropriation shall be available for the payment of obligations incurred under the appro- priations for similar purposes for preceding fiscal years: Provided further, That notwithstanding the 2-year limita- tion under section 718 of title 44, United States Code, none of the funds appropriated or made available under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1177 title 44, United States Code, may be expended to print a document, report, or publication after the 27-month pe- riod beginning on the date that such document, report, or publication is authorized by Congress to be printed, un- less Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code: Provided further, That unobligated or unexpended balances of ex- pired discretionary funds made available under this head- ing in this Act for this fiscal year may be transferred to, and merged with, funds under the heading ‘‘GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS REVOLVING FUND’’ no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated, to be available for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided fur- ther, That notwithstanding sections 901, 902, and 906 of title 44, United States Code, this appropriation may be used to prepare indexes to the Congressional Record on only a monthly and session basis.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1178 PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF DOCUMENTS SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For expenses of the public information programs of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications in any format, and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange li- braries as authorized by law, $35,257,000: Provided, That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and dissemi- nating Congressional serial sets and other related publica- tions for the preceding two fiscal years to depository and other designated libraries: Provided further, That unobli- gated or unexpended balances of expired discretionary funds made available under this heading in this Act for this fiscal year may be transferred to, and merged with, funds under the heading ‘‘GOVERNMENT PUBLISHING OF- FICE BUSINESS OPERATIONS REVOLVING FUND’’ no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated, to be available for carrying out the purposes of this heading, subject to the approval of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1179 the Committees on Appropriations of the House of Rep- resentatives and the Senate.
GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS REVOLVING FUND For payment to the Government Publishing Office Business Operations Revolving Fund, $11,605,000, to re- main available until expended, for information technology development and facilities repair: Provided, That the Gov- ernment Publishing Office is hereby authorized to make such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Direc- tor of the Government Publishing Office in connection with official representation and reception expenses: Pro- vided further, That the Business Operations Revolving Fund shall be available for the hire or purchase of not more than 12 passenger motor vehicles: Provided further, That expenditures in connection with travel expenses of the advisory councils to the Director of the Government December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1180 Publishing Office shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further, That the Business Operations Revolving Fund shall be available for temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title: Provided fur- ther, That activities financed through the Business Oper- ations Revolving Fund may provide information in any format: Provided further, That the Business Operations Revolving Fund and the funds provided under the heading ‘‘PUBLIC INFORMATION PROGRAMS OF THE SUPER- INTENDENT OF DOCUMENTS’’ may not be used for con- tracted security services at Government Publishing Of- fice’s passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE SALARIES AND EXPENSES For necessary expenses of the Government Account- ability Office, including not more than $12,500 to be ex- pended on the certification of the Comptroller General of the United States in connection with official representa- tion and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1181 equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those pay- able under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22 U.S.C.
4081(5), (6), and (8)); and under regulations prescribed by the Comptroller Gen- eral of the United States, rental of living quarters in for- eign countries, $790,319,000, of which $5,000,000 shall remain available until expended: Provided, That, in addi- tion, $55,865,000 of payments received under sections 782, 791, 3521, and 9105 of title 31, United States Code, shall be available without fiscal year limitation: Provided further, That amounts provided under this heading and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergov- ernmental Audit Forum shall be available to finance an appropriate share of either Forum’s costs as determined by the respective Forum, including necessary travel ex- penses of non-Federal participants: Provided further, That payments hereunder to the Forum may be credited as re- imbursements to any appropriation from which costs in- 25 volved are initially financed.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1182 CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND For a payment to the Congressional Office for Inter- national Leadership Fund for financing activities of the Congressional Office for International Leadership under section 313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
1151), $6,000,000: Provided, That funds made available to support Russian participants shall only be used for those engaging in free market development, humanitarian activities, and civic engagement, and shall not be used for officials of the central government of Rus- 12 sia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT For payment to the John C. Stennis Center for Pub- lic Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Serv- ice Training and Development Act (2 U.S.C.

1105), 19 $430,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1183 TITLE II GENERAL PROVISIONS MAINTENANCE AND CARE OF PRIVATE VEHICLES SEC.

201.
201.

No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking fa- cilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration.

FISCAL YEAR LIMITATION SEC.

202.


No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2023 unless expressly so provided in this Act.

RATES OF COMPENSATION AND DESIGNATION SEC.

203.

Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat.

32 et seq.)
is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically estab- lished by such Act, the rate of compensation and the des- ignation in this Act shall be the permanent law with re- spect thereto: Provided, That the provisions in this Act for the various items of official expenses of Members, offi- cers, and committees of the Senate and House of Rep- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1184 resentatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto.

CONSULTING SERVICES SEC.

204.


The expenditure of any appropriation under this Act for any consulting service through procure- ment contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such ex- penditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law.
COSTS OF LEGISLATIVE BRANCH FINANCIAL MANAGERS COUNCIL SEC.

205.
205.

Amounts available for administrative ex- penses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legisla- tive branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1185 LIMITATION ON TRANSFERS SEC.

206.

None of the funds made available in this Act may be transferred to any department, agency, or in- strumentality of the United States Government, except pursuant to a transfer made by, or transfer authority pro- vided in, this Act or any other appropriation Act.

GUIDED TOURS OF THE CAPITOL SEC.

207.
207.

(a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Con- gress and other offices of the House of Representatives and Senate, unless through regulations as authorized by section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C.

2242(b)(8)).
2242(b)(8)).

17 (b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and in- terns described in subsection (a) may be suspended tempo- rarily or otherwise subject to restriction for security or re- lated reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of 25 the Capitol.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1186 LIMITATION ON TELECOMMUNICATIONS EQUIPMENT PROCUREMENT SEC.

208.
(a) None of the funds appropriated or oth- erwise made available under this Act may be used to ac- quire telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation for a high or moderate impact information system, as defined for secu- rity categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, ‘‘Standards for Security Cat- egorization of Federal Information and Information Sys- tems’’ unless the agency, office, or other entity acquiring the equipment or system has— (1) reviewed the supply chain risk for the infor- mation systems against criteria developed by NIST to inform acquisition decisions for high or moderate impact information systems within the Federal Gov- ernment; (2) reviewed the supply chain risk from the pre- sumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and (3) in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espio- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1187 nage or sabotage associated with the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as pos- ing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high or moderate impact information system reviewed and assessed under subsection (a) unless the head of the as- sessing entity described in subsection (a) has— (1) developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the Federal Bureau of Investigation, that the acqui- sition of such telecommunications equipment for in- clusion in a high or moderate impact system is in the vital national security interest of the United States; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1188 (3) reported that determination to the Commit- tees on Appropriations of the House of Representa- tives and the Senate in a manner that identifies the telecommunications equipment for inclusion in a high or moderate impact system intended for acqui- sition and a detailed description of the mitigation strategies identified in paragraph (1), provided that such report may include a classified annex as nec- essary.

PROHIBITION ON CERTAIN OPERATIONAL EXPENSES SEC.

209.
209.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out crimi- nal investigations, prosecution, or adjudication activities or other official government activities.

PLASTIC WASTE REDUCTION SEC.

210.


All agencies and offices funded by this Act that contract with a food service provider or providers shall confer and coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic waste, including December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1189 waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportuni- ties.

CAPITOL COMPLEX HEALTH AND SAFETY SEC.

211.


In addition to the amounts appropriated under this Act under the heading ‘‘OFFICE OF THE AT- TENDING PHYSICIAN’’, there is hereby appropriated to the Office of the Attending Physician $5,000,000, to remain available until expended, for response to COVID–19, in- cluding testing, subject to the same terms and conditions as the amounts appropriated under such heading.
This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1190 DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION, ARMY For acquisition, construction, installation, and equip- ment 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 nec- essary for the purposes of this appropriation, and for con- struction and operation of facilities in support of the func- tions of the Commander in Chief, $1,553,825,000, to re- main available until September 30, 2027: Provided, That, of this amount, not to exceed $275,651,000 shall be avail- able for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that addi- tional obligations are necessary for such purposes and no- tifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $658,260,000 shall be for the projects and activities, and in the amounts, specified in the table December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1191 under the heading ‘‘Military Construction, Army’’ in the explanatory statement described in section 4 (in the mat- ter preceding division A of this consolidated Act), in addi- tion to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS For acquisition, construction, installation, and equip- ment of temporary or permanent public works, naval in- stallations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $4,345,320,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $515,473,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy deter- mines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $492,929,000 shall be for the projects and activities, and in the amounts, speci- fied in the table under the heading ‘‘Military Construction, Navy and Marine Corps’’ in the explanatory statement de- scribed in section 4 (in the matter preceding division A December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1192 of this consolidated Act), in addition to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, AIR FORCE For acquisition, construction, installation, and equip- ment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $2,614,996,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $251,634,000 shall be available for study, planning, design, and architect and engineer serv- ices, 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 Appro- priations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $509,540,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ‘‘Military Con- struction, Air Force’’ in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act), in addition to amounts otherwise 22 available for such purposes.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1193 MILITARY CONSTRUCTION, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For acquisition, construction, installation, and equip- ment of temporary or permanent public works, installa- tions, facilities, and real property for activities and agen- cies of the Department of Defense (other than the military departments), as currently authorized by law, $2,626,078,000, to remain available until September 30, 2027: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further, That, of the amount, not to exceed $506,927,000 shall be available for study, plan- ning, design, and architect and engineer services, as au- thorized by law, unless the Secretary of Defense deter- mines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $109,680,000 shall be for the projects and activities, and in the amounts, speci- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1194 fied in the table under the heading ‘‘Military Construction, Defense-Wide’’ in the explanatory statement described in section 4 (in the matter preceding division A of this con- solidated Act), in addition to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD For construction, acquisition, expansion, rehabilita- tion, and conversion of facilities for the training and ad- ministration of the Army National Guard, and contribu- tions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authoriza- tion Acts, $459,018,000, to remain available until Sep- tember 30, 2027: Provided, That, of the amount, not to exceed $83,435,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropria- tions of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $151,540,000 shall be for the projects and activities, and in the amounts, speci- fied in the table under the heading ‘‘Military Construction, Army National Guard’’ in the explanatory statement de- scribed in section 4 (in the matter preceding division A December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1195 of this consolidated Act), in addition to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD For construction, acquisition, expansion, rehabilita- tion, and conversion of facilities for the training and ad- ministration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $279,353,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $56,982,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made avail- able under this heading, $112,970,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ‘‘Military Construction, Air National Guard’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), in addition to amounts otherwise avail- 24 able for such purposes.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1196 MILITARY CONSTRUCTION, ARMY RESERVE For construction, acquisition, expansion, rehabilita- tion, and conversion of facilities for the training and ad- ministration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Con- struction Authorization Acts, $193,878,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $24,829,000 shall be available for study, planning, design, and architect and engineer serv- ices, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are nec- essary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the deter- mination and the reasons therefor: Provided further, That of the amount made available under this heading, $74,000,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ‘‘Military Construction, Army Reserve’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), in addition to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, NAVY RESERVE For construction, acquisition, expansion, rehabilita- tion, and conversion of facilities for the training and ad- ministration of the reserve components of the Navy and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1197 Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authoriza- tion Acts, $36,837,000, to remain available until Sep- tember 30, 2027: Provided, That, of the amount, not to exceed $9,090,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, AIR FORCE RESERVE For construction, acquisition, expansion, rehabilita- tion, and conversion of facilities for the training and ad- ministration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $85,423,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $27,573,000 shall be available for study, planning, design, and architect and engineer serv- ices, 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 de- termination and the reasons therefor: Provided further, That of the amount made available under this heading, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1198 $35,800,000 shall be for the projects and activities, and in the amounts, specified in the table under the heading ‘‘Military Construction, Air Force Reserve’’ in the explan- atory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act), in addition to amounts otherwise available for such purposes.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Pro- gram for the acquisition and construction of military fa- cilities 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 Mili- tary 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 De- fense Base Closure and Realignment Act of 1990 (10 U.S.C.

2687 note), $574,687,000, to remain available 23 until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1199 FAMILY HOUSING CONSTRUCTION, ARMY For expenses of family housing for the Army for con- struction, including acquisition, replacement, addition, ex- pansion, 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 op- eration and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and in- surance premiums, as authorized by law, $446,411,000.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS For expenses of family housing for the Navy and Ma- rine Corps for construction, including acquisition, replace- ment, 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 Ma- rine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and inter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1200 est 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, leas- ing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, 15 $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, 22 $50,113,000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1201 DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND For the Department of Defense Family Housing Im- provement Fund, $6,442,000, to remain available until ex- pended, for family housing initiatives undertaken pursu- ant to section 2883 of title 10, United States Code, pro- viding alternative means of acquiring and improving mili- tary family housing and supporting facilities.
DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND For the Department of Defense Military Unaccom- panied Housing Improvement Fund, $494,000, to remain available until expended, for unaccompanied housing ini- tiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquir- ing 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1202 the Secretary of Defense setting forth the reasons there- for.

SEC.

102.
SEC.

102.

Funds made available in this title for con- struction shall be available for hire of passenger motor ve- hicles.

SEC.

103.

Funds made available in this title for con- struction may be used for advances to the Federal High- way Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects author- ized therein are certified as important to the national de- fense by the Secretary of Defense.

SEC.
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.

17 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 Engi- neering Command, except: (1) where there is a determina- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1203 $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 con- struction.

SEC.

107.
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 an- other, without prior notification to the Committees on Ap- propriations of both Houses of Congress.

SEC.

108.
SEC.

108.

None of the funds made available in this title may be used for the procurement of steel for any con- struction project or activity for which American steel pro- ducers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.

SEC.

109.

None of the funds available to the Depart- ment of Defense for military construction or family hous- ing during the current fiscal year may be used to pay real property taxes in any foreign nation.

SEC.

110.
SEC.

110.

None of the funds made available in this title may be used to initiate a new installation overseas December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1204 without prior notification to the Committees on Appro- priations of both Houses of Congress.

SEC.

111.
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 Atlan- tic 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 terri- tories 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 respon- sive 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 re- sponsible bid is submitted by a Marshallese contractor.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1205 SEC.

113.

The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, in- cluding 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.
SEC.

114.

Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military depart- ment by the authorizations enacted into law during the 12 current session of Congress.

13 SEC.

115.
SEC.

115.

For military construction or family housing projects that are being completed with funds otherwise ex- pired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspec- tion, overhead, engineering and design on those projects and on subsequent claims, if any.

SEC.

116.
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1206 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 me- dium 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’’ ac- counts, to be merged with and to be available for the same purposes and for the same period of time as amounts ap- propriated directly to the Fund: Provided, That appropria- tions made available to the Funds shall be available to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1207 cover the costs, as defined in section 502(5) of the Con- gressional 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, mili- tary 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).
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 trans- 19 ferred.

20 SEC.

119.
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1208 spent annually for the maintenance and repair of any gen- eral or flag officer quarters without 30 days prior notifica- tion, 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 remedi- ation 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 an- nually to the Committees on Appropriations of both Houses of Congress all operation and maintenance ex- penditures for each individual general or flag officer quar- 15 ters for the prior fiscal year.
SEC.

120.

Amounts contained in the Ford Island Im- provement Account established by subsection (h) of sec- tion 2814 of title 10, United States Code, are appro- priated and shall be available until expended for the pur- poses 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 appropria- tions available in this Act to the Department of Defense for military construction and family housing operation and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1209 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 obliga- tions incurred during the period of availability of such ap- propriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Cur- rency Fluctuations, Construction, Defense’’, to be merged with and to be available for the same time period and for 10 the same purposes as the appropriation to which trans- 11 ferred.
(INCLUDING TRANSFER OF FUNDS) SEC.

122.
122.

Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Finan- cial Management Regulation 7000.14–R, Volume 3, Chap- ter 7, of March 2011, as in effect on the date of enactment 21 of this Act.

22 23 24 SEC.

123.
22 23 24 SEC.

123.

None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Ceme- 25 tery.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1210 SEC.

124.
For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2027: ‘‘Military Construction, Army’’, $243,490,000; ‘‘Military Construction, Navy and Marine Corps’’, $423,300,000; ‘‘Military Construction, Air Force’’, $527,300,000; ‘‘Military Construction, Defense-Wide’’, $151,000,000; ‘‘Military Construction, Army National Guard’’, $54,743,000; ‘‘Military Construction, Army Reserve’’, $56,600,000; ‘‘Military Construction, Navy Reserve’’, $116,964,000; ‘‘Military Construction, Air Force Reserve’’, $9,000,000; ‘‘Family Housing Construction, Army’’, $321,722,000; and ‘‘Family Housing Construction, Air Force’’, $18,800,000: Provided, That such funds may only be obligated to carry out construction and cost to complete projects identified in the respective military department’s unfunded priority December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1211 list for fiscal year 2023 submitted to Congress: Provided further, That such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further, That not later than 60 days after enactment of this Act, the Secretary of the mili- tary department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.

SEC.

125.
All amounts appropriated to the ‘‘Depart- ment of Defense—Military Construction, Army’’, ‘‘De- partment of Defense—Military Construction, Navy and Marine Corps’’, ‘‘Department of Defense—Military Con- struction, Air Force’’, and ‘‘Department of Defense—Mili- tary 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 imme- diately available and allotted to contract for the full scope of authorized projects.
SEC.

126.

Notwithstanding section 116 of this Act, funds made available in this Act or any available unobli- gated balances from prior appropriations Acts may be obli- gated before October 1, 2024 for fiscal year 2017 and fis- cal year 2018 military construction projects for which December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1212 project authorization has not lapsed or for which author- ization is extended for fiscal year 2023 by a National De- fense Authorization Act: Provided, That no amounts may be obligated pursuant to this section from amounts that were designated by the Congress as an emergency require- ment pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

SEC.

127.
SEC.

127.

For the purposes of this Act, the term ‘‘congressional defense committees’’ means the Commit- tees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construc- tion and Veterans Affairs of the Committee on Appropria- tions of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.

SEC.

128.
For an additional amount for the accounts and in the amounts specified for planning and design, un- specified minor construction, and authorized major con- struction projects, for construction improvements to De- partment of Defense laboratory facilities, to remain avail- able until September 30, 2027: ‘‘Military Construction, Army’’, $20,000,000; ‘‘Military Construction, Navy and Marine Corps’’, $10,000,000; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1213 ‘‘Military Construction, Air Force’’, $90,000,000: Provided, That not later than 60 days after enactment of this Act, the Secretary of the military department con- cerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expendi- ture 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.
13 14 15 16 SEC.

129.
For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military in- stallation resilience, to remain available until September 17 30, 2027: ‘‘Military Construction, Army’’, $25,000,000; ‘‘Military Construction, Navy and Marine Corps’’, $40,000,000; and ‘‘Military Construction, Air Force’’, $25,000,000: Provided, That not later than 60 days after enactment of this Act, the Secretary of the military department con- cerned, or their designee, shall submit to the Committees December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1214 on Appropriations of both Houses of Congress an expendi- ture 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.
SEC.

130.

For an additional amount for ‘‘Military Construction, Air Force’’, $360,000,000, to remain avail- able 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 Sec- retary of the Air Force, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
SEC.

131.

For an additional amount for the accounts and in the amounts specified to address cost increases identified subsequent to the fiscal year 2023 budget re- quest for authorized major construction projects included either in that request or funded in Title I of Division J of Public Law 117–103, to remain available until Sep- 23 tember 30, 2027: 24 ‘‘Military Construction, Army’’, $103,000,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1215 ‘‘Military Construction, Navy and Marine Corps’’, $331,000,000; ‘‘Military Construction, Air Force’’, $273,000,000; ‘‘Military Construction, Defense-Wide’’, $279,347,000; ‘‘Military Construction, Army National Guard’’, $66,000,000; ‘‘Military Construction, Air National Guard’’, $17,000,000; ‘‘Military Construction, Army Reserve’’, $24,000,000; ‘‘Military Construction, Navy Reserve’’, $5,500,000; and ‘‘Military Construction, Air Force Reserve’’, $11,000,000: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the military de- partment concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
SEC.

132.

For an additional amount for the accounts and in the amounts specified for planning and design and authorized major construction projects, for child develop- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1216 ment centers, to remain available until September 30, 2027: ‘‘Military Construction, Army’’, $15,000,000; ‘‘Military Construction, Navy and Marine Corps’’, $15,000,000; and ‘‘Military Construction, Air Force’’, $37,400,000: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the military de- partment concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
SEC.

133.
For an additional amount for ‘‘Military Construction, Navy and Marine Corps’’, $25,000,000, to remain available until September 30, 2027, for planning and design of water treatment and distribution facilities construction, including relating to improvements of infra- structure 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 Ap- propriations of both Houses of Congress an expenditure plan for funds provided under this section.
SEC.

134.

For an additional amount for the accounts and in the amounts specified to address cost increases for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1217 authorized major construction projects funded by this Act, to remain available until September 30, 2027: ‘‘Military Construction, Army’’, $48,600,000; ‘‘Military Construction, Navy and Marine Corps’’, $166,500,000; ‘‘Military Construction, Air Force’’, $63,350,000; ‘‘Military Construction, Defense-Wide’’, $14,200,000; ‘‘Military Construction, Army National Guard’’, $18,900,000; ‘‘Military Construction, Air National Guard’’, $4,900,000; ‘‘Military Construction, Army Reserve’’, $2,000,000; and ‘‘Military Construction, Air Force Reserve’’, $500,000: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the military de- partment 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 de- partment concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1218 both Houses of Congress of the expenditure plan required by this section.

SEC.

135.
SEC.

135.

For an additional amount for ‘‘Military Construction, Air National Guard’’, $10,000,000, to re- main available until September 30, 2027, for planning and design for construction at future foreign military training sites: Provided, That not later than 60 days after enact- ment of this Act, the Secretary of the Air Force, or their designee, shall submit to the Committees on Appropria- tions of both Houses of Congress an expenditure plan for funds provided under this section.

SEC.

136.
SEC.

136.

None of the funds made available by this Act may be used to carry out the closure or realignment of the United States Naval Station, Guanta´namo Bay, 15 Cuba.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1219 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 ex- aminations 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 Entitle- ment Program for Survivors, emergency and other offi- cers’ retirement pay, adjusted-service credits and certifi- cates, payment of premiums due on commercial life insur- ance 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 sec- tions 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 Octo- ber 1, 2023, to remain available until expended: Provided, That not to exceed $21,423,000 of the amount made avail- able for fiscal year 2024 under this heading shall be reim- bursed to ‘‘General Operating Expenses, Veterans Bene- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1220 fits Administration’’, and ‘‘Information Technology Sys- tems’’ for necessary expenses in implementing the provi- sions 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: Pro- vided 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 pro- vided to pensioners as authorized.
READJUSTMENT BENEFITS For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chap- ters 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 re- habilitation 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 sub- section, shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled vet- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1221 erans 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 de- fined 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 spe- 15 cially 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 Congres- sional Budget Act of 1974: Provided further, That funds made available under this heading are available to sub- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1222 sidize 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 Ex- penses, 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, in- cluding hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of De- fense 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 nec- essary to enable entitled veterans: (1) to the maximum ex- tent feasible, to become employable and to obtain and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1223 maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this ac- count: 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 em- ployees hired under title 38, United States Code, assist- ance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repay- ments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat.
1174; 38 U.S.C.

7681 note), monthly assistance allowances authorized by section 322(d) of title 38, United States Code, grants authorized by section 521A of title 38, United States Code, and ad- ministrative expenses necessary to carry out sections December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1224 322(d) and 521A of title 38, United States Code, and hos- pital care and medical services authorized by section 1787 of title 38, United States Code; $261,000,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2022; and, in addition, $74,004,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $2,000,000,000 shall remain available until Sep- tember 30, 2025: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Af- fairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabil- ities, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Sec- retary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in en- rollment priority groups 1 through 6: Provided further, That, notwithstanding any other provision of law, the Sec- retary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administra- tion facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation of December 19, 2022
 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1225 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 avail- able for the acquisition of prosthetics designed specifically for female veterans: Provided further, That nothing in sec- tion 2044(e)(1) of title 38, United States Code, may be construed as limiting amounts that may be made available 10 under this heading for fiscal years 2023 and 2024 in this 11 or prior Acts.
12 13 14 MEDICAL COMMUNITY CARE For necessary expenses for furnishing health care to individuals pursuant to chapter 17 of title 38, United 15 States Code, at non-Department facilities, 16 17 $4,300,000,000, which shall be in addition to funds pre- viously appropriated under this heading that became avail- 18 able 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, 24 2025.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1226 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; ad- ministrative expenses in support of capital policy activi- ties; and administrative and legal expenses of the Depart- ment for collecting and recovering amounts owed the De- partment as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recov- ery Act (42 U.S.C.
2651 et seq.

), $1,400,000,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2022; and, in addition, $12,300,000,000, plus reimbursements, shall become available on October 1, 2023, and shall re- main available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $350,000,000 shall remain available until September 30, 2025.
MEDICAL FACILITIES For necessary expenses for the maintenance and op- eration of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Ad- ministration; for administrative expenses in support of planning, design, project management, real property ac- quisition and disposition, construction, and renovation of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1227 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, alter- ing, improving, or providing facilities in the several hos- pitals and homes under the jurisdiction of the Depart- ment, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of mate- rials; for leases of facilities; and for laundry services; $1,500,000,000, which shall be in addition to funds pre- 10 viously appropriated under this heading that became avail- 11 able on October 1, 2022; and, in addition, $8,800,000,000, plus reimbursements, shall become avail- able on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $500,000,000 shall remain available until September 30, 17 2025.
MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of medical and prosthetic research and development as au- thorized by chapter 73 of title 38, United States Code, $916,000,000, plus reimbursements, shall remain avail- able until September 30, 2024: Provided, That the Sec- retary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading are available for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1228 prosthetic research specifically for female veterans, and for toxic exposure research.
NATIONAL CEMETERY ADMINISTRATION For necessary expenses of the National Cemetery Ad- ministration for operations and maintenance, not other- wise provided for, including uniforms or allowances there- for; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial oper- ations; hire of passenger motor vehicles; and repair, alter- ation 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 13 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, uni- forms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of pas- senger motor vehicles; and reimbursement of the General Services Administration for security guard services, $433,000,000, of which not to exceed 10 percent shall re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1229 main available until September 30, 2024: Provided, That funds provided under this heading may be transferred to ‘‘General Operating Expenses, Veterans Benefits Adminis- tration’’.

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 devel- opmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, in- cluding 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: Pro- vided, That $1,494,230,000 shall be for pay and associ- ated 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1230 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 Sec- retary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the author- ity to make the transfer and an approval is issued: Pro- vided further, That amounts made available for the ‘‘Infor- mation Technology Systems’’ account for development may be transferred among projects or to newly defined projects: Provided further, That no project may be in- creased or decreased by more than $3,000,000 of cost prior to submitting a request to the Committees on Appro- priations 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 tech- nology systems development shall be for the projects, and in the amounts, specified under this heading in the explan- atory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1231 VETERANS ELECTRONIC HEALTH RECORD For activities related to implementation, preparation, development, interface, management, rollout, and mainte- nance of a Veterans Electronic Health Record system, in- cluding contractual costs associated with operations au- thorized 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 Commit- tees on Appropriations of both Houses of Congress quar- terly reports detailing obligations, expenditures, and de- ployment 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 contin- gent upon the Secretary of Veterans Affairs— (1) providing the Committees on Appropriations a report detailing the status of outstanding issues impacting the stability and usability of the new elec- tronic health record system, including those that contributed to the October 13, 2022, deployment December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1232 delay, along with a timeline and measurable metrics to resolve issues, no later than 60 days after enact- ment of this Act; (2) certifying and detailing any changes to the full deployment schedule, no later than 60 days prior to July 1, 2023; and (3) certifying in writing no later than 30 days prior to July 1, 2023, the following— (A) the status of issues included in the re- port referenced in paragraph (1), including issues that have not been closed but have been suitably resolved or mitigated in a manner that will enhance provider productivity and minimize the potential for patient harm; and (B) whether the system is stable, ready, and optimized for further deployment at VA sites.
OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C.

App.

), $273,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1233 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, ar- chitectural and engineering services, construction manage- ment 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 ac- quisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $1,447,890,000, of which $731,722,000 shall remain available until September 30, 2027, and of which $716,168,000 shall remain available until expended, of which $1,500,000 shall be available for seismic improve- ment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1234 needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and manage- ment activities, and planning, cost estimating, and design for major medical facility projects and major medical facil- ity leases and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, staffing ex- penses, and funds provided for the purchase, security, and maintenance of land for the National Cemetery Adminis- tration 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 pre- sented 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’’ ac- count 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 serv- ices: Provided further, That funds made available under this heading for fiscal year 2023, for each approved December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1235 project shall be obligated: (1) by the awarding of a con- struction documents contract by September 30, 2023; and (2) by the awarding of a construction contract by Sep- tember 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 limita- tions established above: Provided further, That notwith- standing the requirements of section 8104(a) of title 38, United States Code, amounts made available under this heading for seismic improvement projects and seismic pro- gram management activities shall be available for the com- pletion of both new and existing seismic projects of the 15 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 pro- vided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1236 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 pre- vious ‘‘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 re- model, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1237 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 ceme- teries as authorized by section 2408 of title 38, United States Code, $50,000,000, to remain available until ex- pended.
COST OF WAR TOXIC EXPOSURES FUND For investment in the delivery of veterans’ health care associated with exposure to environmental hazards, the expenses incident to the delivery of veterans’ health care and benefits associated with exposure to environ- mental hazards, and medical and other research relating to exposure to environmental hazards, as authorized by section 324 of title 38, United States Code, and in addi- tion to amounts otherwise available for such purposes in the appropriations provided in this or prior Acts, $5,000,000,000, to remain available until September 30, 2027: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds pro- vided under this heading for fiscal year 2023.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1238 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 trans- ferred as necessary to any other of the mentioned appro- priations: Provided, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Con- gress the authority to make the transfer and such Com- mittees 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 Depart- ment 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 notifica- tion from the Secretary of Veterans Affairs to the Com- mittees on Appropriations of both Houses of Congress of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1239 the amount and purpose of the transfer: Provided further, That any transfers among the ‘‘Medical Services’’, ‘‘Med- ical Community Care’’, and ‘‘Medical Support and Compli- ance’’ 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 Facili- ties’’ account may take place only after the Secretary re- quests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer 13 and an approval is issued.
SEC.

203.

Appropriations available in this title for salaries and expenses shall be available for services au- thorized 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 author- ized by sections 5901 through 5902 of title 5, United 20 States Code.

21 22 23 24 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 25 new hospital or home.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1240 SEC.

205.
205.

No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or ex- amination under the laws providing such benefits to vet- erans, and persons receiving such treatment under sec- tions 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.
5121 et seq.

)), unless reim- bursement of the cost of such hospitalization or examina- tion is made to the ‘‘Medical Services’’ account at such rates as may be fixed by the Secretary of Veterans Affairs.

SEC.

206.
SEC.

206.

Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be avail- able for payment of prior year accrued obligations re- quired to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 18 2022.

19 SEC.

207.
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 25 and Pensions’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1241 (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 ‘‘Gen- eral Operating Expenses, Veterans Benefits Administra- tion’’ and ‘‘Information Technology Systems’’ accounts for the cost of administration of the insurance programs fi- nanced through those accounts: Provided, That reimburse- ment shall be made only from the surplus earnings accu- mulated 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1242 disability income insurance included in that insurance pro- gram.

SEC.

209.

Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses in- curred by that account during a prior fiscal year for pro- viding 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 Manage- ment, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alter- native Dispute Resolution function within the Office of Human Resources and Administration for all services pro- vided at rates which will recover actual costs but not to exceed $86,481,000 for the Office of Resolution Manage- ment, Diversity and Inclusion, $6,812,000 for the Office of Employment Discrimination Complaint Adjudication, and $4,576,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Ad- ministration: 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 ‘‘Informa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1243 tion 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-serv- ice-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Sec- retary 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: Pro- vided, That the Secretary may recover, in the same man- ner as any other debt due the United States, the reason- able charges for such care or services from any person who does not make such disclosure as required: Provided fur- ther, 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 re- 19 ceived.
(INCLUDING TRANSFER OF FUNDS) SEC.

212.

Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leas- ing activities (including disposal) may be deposited into the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts and be used for construction December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1244 (including site acquisition and disposition), alterations, and improvements of any medical facility under the juris- diction or for the use of the Department of Veterans Af- fairs.

Such sums as realized are in addition to the amount provided for in ‘‘Construction, Major Projects’’ and ‘‘Con- struction, Minor Projects’’.

SEC.

213.
SEC.

213.

Amounts made available under ‘‘Medical Services’’ are available— (1) for furnishing recreational facilities, sup- plies, 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’’ ac- counts to remain available until expended for the purposes of these accounts.

21 22 23 24 25 SEC.

215.
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 pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1245 vide healthcare, including behavioral health and dental care, to veterans in rural Alaska.

The Secretary shall re- quire 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 munici- pality 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 pur- suant to section 8118 of title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts, to remain avail- able 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 ‘‘Quar- terly reporting’’, under the heading ‘‘General Administra- tion’’ in the joint explanatory statement accompanying 24 Public Law 114–223.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1246 (INCLUDING TRANSFER OF FUNDS) SEC.

218.
Amounts made available under the ‘‘Med- ical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Sup- port and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Op- erating Expenses, Veterans Benefits Administration’’, ‘‘Board of Veterans Appeals’’, ‘‘General Administration’’, and ‘‘National Cemetery Administration’’ accounts for fis- cal year 2023 may be transferred to or from the ‘‘Informa- tion Technology Systems’’ account: Provided, That such transfers may not result in a more than 10 percent aggre- gate 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.
219.

Of the amounts appropriated to the De- partment of Veterans Affairs for fiscal year 2023 for ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Con- struction, Minor Projects’’, and ‘‘Information Technology Systems’’, up to $330,140,000, plus reimbursements, may be transferred to the Joint Department of Defense—De- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1247 partment of Veterans Affairs Medical Facility Demonstra- tion Fund, established by section 1704 of the National De- fense 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 Hun- ter 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 De- fense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Sec- retary of Veterans Affairs to the Committees on Appro- priations of both Houses of Congress: Provided further, That section 220 of title II of division J of Public Law 16 117–103 is repealed.

17 (INCLUDING TRANSFER OF FUNDS) SEC.

220.
Of the amounts appropriated to the De- partment of Veterans Affairs which become available on October 1, 2023, for ‘‘Medical Services’’, ‘‘Medical Com- munity Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, up to $314,825,000, plus reimburse- ments, may be transferred to the Joint Department of De- fense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1248 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 Fed- eral 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 Depart- ment of Defense—Department of Veterans Affairs Med- ical Facility Demonstration Fund upon written notifica- tion by the Secretary of Veterans Affairs to the Commit- tees 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 facili- ties 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 avail- able: (1) for transfer to the Joint Department of De- fense—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 oper- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1249 ations of the facilities designated as combined Federal medical facilities as described by section 706 of the Dun- can Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.

4500): Pro- vided, That, notwithstanding section 1704(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
2573), amounts trans- ferred 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 au- thorized 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.
SEC.

223.

None of the funds available to the Depart- ment of Veterans Affairs, in this or any other Act, may be used to replace the current system by which the Vet- erans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1250 SEC.

224.
The Secretary of Veterans Affairs shall no- tify 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 pro- grammed amount of the project, whichever is less: Pro- vided, That such notification shall occur within 14 days of a contract identifying the programmed amount: Pro- vided further, That the Secretary shall notify the Commit- tees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings.
SEC.

225.

None of the funds made available for ‘‘Construction, Major Projects’’ may be used for a project in excess of the scope specified for that project in the origi- nal justification data provided to the Congress as part of the request for appropriations unless the Secretary of Vet- erans Affairs receives approval from the Committees on Appropriations of both Houses of Congress.

SEC.

226.
SEC.

226.

Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing perform- ance measures and data from each Veterans Benefits Ad- ministration Regional Office: Provided, That, at a min- imum, the report shall include the direction contained in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1251 the section entitled ‘‘Disability claims backlog’’, under the heading ‘‘General Operating Expenses, Veterans Benefits Administration’’ in the joint explanatory statement accom- panying Public Law 114–223: Provided further, That the report shall also include information on the number of ap- peals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis.

SEC.

227.
SEC.

227.

The Secretary of Veterans Affairs shall provide written notification to the Committees on Appro- priations of both Houses of Congress 15 days prior to or- ganizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another.

SEC.

228.
SEC.

228.

The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appro- priations of both Houses of Congress notification of any single national outreach and awareness marketing cam- paign in which obligations exceed $1,000,000.

(INCLUDING TRANSFER OF FUNDS) SEC.

229.


The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may trans- fer to the ‘‘Medical Services’’ account any discretionary appropriations made available for fiscal year 2023 in this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1252 title (except appropriations made to the ‘‘General Oper- ating Expenses, Veterans Benefits Administration’’ ac- count) or any discretionary unobligated balances within the Department of Veterans Affairs, including those ap- propriated for fiscal year 2023, that were provided in ad- vance by appropriations Acts: Provided, That transfers shall be made only with the approval of the Office of Man- agement 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1253 Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request.

(INCLUDING TRANSFER OF FUNDS) SEC.

230.
230.

Amounts made available for the Depart- ment 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 Vet- erans Affairs shall request from the Committees on Appro- priations of both Houses of Congress the authority to make the transfer and receive approval of that request.

SEC.

231.
SEC.

231.

The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Con- 19 gress.

20 SEC.

232.
SEC.

232.

(a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code— (1) provides to individuals who contact the hot- line immediate assistance from a trained profes- sional; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1254 (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 Execu- tive 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 sub- 10 section (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 di- rective.
(c)(1) The Secretary of Veterans Affairs shall con- duct 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1255 (2) At a minimum, the study required by paragraph (1) shall— (A) determine the number of veterans who con- tact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Af- fairs thereafter; (B) determine the number of veterans who con- tact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and (C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide.
SEC.

233.
Effective during the period beginning on October 1, 2018, and ending on January 1, 2024, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or ex- pended in contravention of the ‘‘Veterans Health Adminis- tration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance’’ published on May 10, 2017, as issued by the Veterans Health Administration National Center for Health Promotion and Disease Prevention.
SEC.

234.

(a) Notwithstanding any other provision of law, the amounts appropriated or otherwise made avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1256 able to the Department of Veterans Affairs for the ‘‘Med- ical Services’’ account may be used to provide— (1) fertility counseling and treatment using as- sisted reproductive technology to a covered veteran or the spouse of a covered veteran; or (2) adoption reimbursement to a covered vet- eran.

(b) In this section: (1) The term ‘‘service-connected’’ has the meaning given such term in section 101 of title 38, United States Code.
(2) The term ‘‘covered veteran’’ means a vet- eran, as such term is defined in section 101 of title 38, United States Code, who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.
(3) The term ‘‘assisted reproductive tech- nology’’ means benefits relating to reproductive as- sistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, United States Code, as described in the memorandum on the subject of ‘‘Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/ Injured (Category II or III) Active Duty Service December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1257 Members’’ issued by the Assistant Secretary of De- fense for Health Affairs on April 3, 2012, and the guidance issued to implement such policy, including any limitations on the amount of such benefits avail- able to such a member except that— (A) the time periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.
(4) The term ‘‘adoption reimbursement’’ means reimbursement for the adoption-related expenses for an adoption that is finalized after the date of the en- actment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Depart- ment of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction.
(c) Amounts made available for the purposes speci- fied in subsection (a) of this section are subject to the requirements for funds contained in section 508 of division December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1258 H of the Consolidated Appropriations Act, 2018 (Public Law 115–141).

SEC.

235.
SEC.

235.

None of the funds appropriated or other- wise 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 Transpor- tation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 10 119 Stat.

2506); or (2) section 8110(a)(5) of title 38, 11 United States Code.
SEC.

236.
236.

Section 842 of Public Law 109–115 shall not apply to conversion of an activity or function of the Veterans Health Administration, Veterans Benefits Ad- ministration, or National Cemetery Administration to con- tractor 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 sec- tion 637(a)(15) of title 15, United States Code.

SEC.

237.
SEC.

237.

(a) Except as provided in subsection (b), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall dis- continue using Social Security account numbers to identify December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1259 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 para- graph (1), not later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a So- cial Security account number to identify an individual in an information system of the Department of Veterans Af- fairs if and only if the use of such number is required to obtain information the Secretary requires from an in- formation system that is not under the jurisdiction of the 15 Secretary.

16 17 18 19 20 (c) The matter in subsections (a) and (b) shall super- sede section 238 of division F of Public Law 116–94.

SEC.

238.
SEC.

238.

For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024 for ‘‘Medical Services’’, section 239 of division A of Public 21 Law 114–223 shall apply.

22 23 24 25 SEC.

239.

None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to trans- fer any amounts from the Filipino Veterans Equity Com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1260 pensation Fund to any other account within the Depart- ment of Veterans Affairs.

SEC.

240.

Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and fiscal year 2024 for ‘‘Medical Services’’, funds may be used in each year to carry out and expand the child care program authorized by section 205 of Public Law 111–163, not- withstanding subsection (e) of such section.

SEC.

241.
None of the funds appropriated or other- wise made available in this title may be used by the Sec- retary of Veterans Affairs to enter into an agreement re- lated to resolving a dispute or claim with an individual that would restrict in any way the individual from speak- ing 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 af- 18 fairs.
19 20 21 SEC.

242.

For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024, section 258 of division A of Public Law 114–223 shall 22 apply.

23 24 25 SEC.

243.

(a) None of the funds appropriated or oth- erwise made available by this Act may be used to deny an Inspector General funded under this Act timely access December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1261 to any records, documents, or other materials available to the department or agency over which that Inspector Gen- eral has responsibilities under the Inspector General Act of 1978 (5 U.S.C.

App.
App.

), or to prevent or impede the ac- cess 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 in- formation provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C.

App.).
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 22 comply with this requirement.

23 24 SEC.

244.

None of the funds made available in this Act may be used in a manner that would increase wait December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1262 times for veterans who seek care at medical facilities of the Department of Veterans Affairs.

SEC.

245.
None of the funds appropriated or other- wise 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 fis- cal year 2022 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notifica- tion of any such proposal to the Committees on Appropria- tions of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Com- 12 mittees.
13 14 15 SEC.

246.

For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024, section 248 of division A of Public Law 114–223 shall 16 apply.

17 SEC.

247.
SEC.

247.

(a) None of the funds appropriated or oth- erwise made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research spe- cifically and in writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1263 1, 2019, using canines, felines, or non-human primates if the Secretary determines that— (A) the scientific objectives of the research can only be met by using such canines, felines, or non- human primates; (B) such scientific objectives are directly related to an illness or injury that is combat-related; and (C) the research is consistent with the revised Department of Veterans Affairs canine research pol- icy document dated December 15, 2017, including any subsequent revisions to such document.
(2) The Secretary may not delegate the authority under this subsection.
(c) If the Secretary approves any new research pursu- ant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall sub- mit to the Committees on Appropriations of the Senate and House of Representatives a report describing— (1) the nature of the research to be conducted using canines, felines, or non-human primates; (2) the date on which the Secretary approved the research; (3) the justification for the determination of the Secretary that the scientific objectives of such re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1264 search could only be met using canines, felines, or non-human primates; (4) the frequency and duration of such re- search; and (5) the protocols in place to ensure the neces- sity, safety, and efficacy of the research.
(d) Not later than 180 days after the date of the en- actment of this Act, and biannually thereafter, the Sec- retary shall submit to such Committees a report describ- ing— (1) any research being conducted by the De- partment of Veterans Affairs using canines, felines, or non-human primates as of the date of the sub- mittal of the report; (2) the circumstances under which such re- search was conducted using canines, felines, or non- human primates; (3) the justification for using canines, felines, or non-human primates to conduct such research; and (4) the protocols in place to ensure the neces- sity, safety, and efficacy of such research.
(e) The Department shall implement a plan under which the Secretary will eliminate or reduce the research conducted using canines, felines, or non-human primates December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1265 by not later than 5 years after the date of enactment of Public Law 116–94.

SEC.

248.
SEC.

248.

(a) The Secretary of Veterans Affairs may use amounts appropriated or otherwise made available in this title to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilita- tion conducted under chapter 31 of title 38, United States Code, does not exceed 125 veterans to one full-time em- ployment equivalent.
(b) Not later than 180 days after the date of the en- actment of this Act, the Secretary shall submit to Con- gress a report on the programs of rehabilitation conducted under chapter 31 of title 38, United States Code, includ- 14 ing— (1) an assessment of the veteran-to-staff ratio for each such program; and (2) recommendations for such action as the Secretary considers necessary to reduce the veteran- to-staff ratio for each such program.

SEC.

249.
SEC.

249.

Amounts made available for the ‘‘Veterans Health Administration, Medical Community Care’’ ac- count 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1266 section 802 of the Veterans Access, Choice, and Account- ability Act, as amended (38 U.S.C.

1701 note).

SEC.

250.


Obligations and expenditures applicable to the ‘‘Medical Services’’ account in fiscal years 2017 through 2019 for aid to state homes (as authorized by section 1741 of title 38, United States Code) shall remain in the ‘‘Medical Community Care’’ account for such fiscal years.

SEC.

251.
Of the amounts made available for the De- partment of Veterans Affairs for fiscal year 2023, in this or any other Act, under the ‘‘Veterans Health Administra- tion—Medical Services’’, ‘‘Veterans Health Administra- tion—Medical Community Care’’, ‘‘Veterans Health Ad- ministration—Medical Support and Compliance’’, and ‘‘Veterans Health Administration—Medical Facilities’’ ac- counts, $840,446,000 shall be made available for gender- specific care and programmatic efforts to deliver care for women veterans.
SEC.

252.

Of the unobligated balances available in fiscal year 2023 in the ‘‘Recurring Expenses Trans- formational Fund’’ established in section 243 of division J of Public Law 114–113, and in addition to any funds otherwise made available for such purposes in this, prior, or subsequent fiscal years, the following amounts shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1267 available for the following purposes during the period of availability of the Fund: (1) $804,510,000, for constructing, altering, ex- tending, and improving medical facilities of the Vet- erans Health Administration, including all sup- porting activities and required contingencies; (2) $88,490,000, for facilities improvements at existing medical facilities of the Veterans Health Ad- ministration; and (3) $75,000,000, for the deployment, upgrade, or installation of infrastructure or equipment to sup- port goals established in Executive Order 14057: Provided, That prior to obligation of any of the funds pro- vided in this subsection, the Secretary of Veterans Affairs must provide a plan for the execution of the funds appro- priated in this subsection to the Committees on Appropria- tions of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed: Provided further, That funds may be re- programmed among the three purposes subject to the Sec- retary of Veterans Affairs providing a request with the amount and purpose of the reprogramming to the Com- mittees on Appropriations of both Houses of Congress and such Committees issuing an approval, or absent a re- sponse, a period of 30 days has elapsed.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1268 SEC.

253.
Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of the ‘‘Veterans Medical Care and Health Fund’’, estab- lished 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 obli- gations by program, project or activity and a plan for ex- pending the remaining funds: Provided further, That the Secretary of Veterans Affairs must submit notification of any plans to reallocate funds from the current apportion- ment categories of ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Medical Commu- nity Care’’, or ‘‘Medical and Prosthetic Research’’, includ- ing 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 re- sponse, a period of 30 days has elapsed.
SEC.

254.

Any amounts transferred to the Secretary and administered by a corporation referred to in section 7364(b) of title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with the Department of Veterans Af- fairs pursuant to section 1535 of title 31, United States December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1269 Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to remain available for the liquidation of valid obligations incurred by such corporation during the period of performance of such order, provided that the Secretary of Veterans Af- fairs determines that such amounts need to remain avail- able for such liquidation.

(RESCISSIONS OF FUNDS) SEC.

255.
Of the unobligated balances available to the Department of Veterans Affairs from prior appropria- tions Acts, the following funds are hereby rescinded from the following accounts in the amounts specified: ‘‘Asset and Infrastructure Review’’, $5,000,000; ‘‘Departmental Administration—Veterans Elec- tronic Health Record’’, $150,000,000; and ‘‘Departmental Administration—Construction, Major Projects’’, $76,000,000: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolu- tion on the budget or the Balanced Budget and Emer- gency Deficit Control Act of 1985.
SEC.

256.

None of the funds in this or any other Act may be used to close Department of Veterans Affairs hos- pitals, domiciliaries, or clinics, conduct an environmental December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1270 assessment, or to diminish healthcare services at existing Veterans Health Administration medical facilities as part of a planned realignment of services until the Secretary provides to the Committees on Appropriations of both Houses of Congress a report including an analysis of how any such planned realignment of services will impact ac- cess to care for veterans living in rural or highly rural areas, including travel distances and transportation costs to access a Department medical facility and availability of local specialty and primary care.
(RESCISSION OF FUNDS) SEC.

257.

Of the unobligated balances in the ‘‘Recur- ring Expenses Transformational Fund’’ established in sec- tion 243 of division J of Public Law 114–113, $90,874,000 is hereby rescinded.

SEC.

258.
SEC.

258.

Unobligated balances available under the headings ‘‘Construction, Major Projects’’ and ‘‘Construc- tion, Minor Projects’’ may be obligated by the Secretary of Veterans Affairs for a facility pursuant to section 2(e)(1) of the Communities Helping Invest through Prop- erty and Improvements Needed for Veterans Act of 2016 (Public Law 114–294; 38 U.S.C.
8103 note), as amended, to provide additional funds or to fund an escalation clause under such section of such Act: Provided, That before such unobligated balances are obligated pursuant to this sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1271 tion, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Con- gress the authority to obligate such unobligated balances and such Committees issue an approval, or absent a re- sponse, a period of 30 days has elapsed: Provided further, That the request to obligate such unobligated balances must provide Congress notice that the entity described in section 2(a)(2) of Public Law 114–294, as amended, has exhausted available cost containment approaches as set 10 forth in the agreement under section 2(c) of such Public 11 Law.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1272 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 coun- tries; 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 ex- pended.
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 ex- pended, for purposes authorized by section 2109 of title 23 36, United States Code.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1273 UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS SALARIES AND EXPENSES For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $46,900,000: Provided, That $3,385,000 shall be available for the purpose of providing financial assistance as described and in accordance with the process and reporting procedures set forth under this heading in Public Law 102–229.
DEPARTMENT OF DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY SALARIES AND EXPENSES For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Sol- diers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for re- placement 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 re- main 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1274 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 engi- neering services for Memorial Avenue improvements at Ar- lington National Cemetery; and $60,000,000 shall be for planning and design and construction associated with the Southern Expansion project at Arlington National Ceme- tery.
ARMED FORCES RETIREMENT HOME TRUST FUND For expenses necessary for the Armed Forces Retire- ment Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mis- sissippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $75,360,000, to re- main available until September 30, 2024, of which $7,300,000 shall remain available until expended for con- struction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1275 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 re- lated 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 Retire- ment Home Trust Fund.

15 16 17 18 19 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1276 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.
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.
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 con- duct of their business practices and public service activi- ties.

19 SEC.

404.
SEC.

404.

Unless stated otherwise, all reports and no- tifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Af- fairs, and Related Agencies of the Committee on Appro- priations of the House of Representatives and the Sub- committee on Military Construction and Veterans Affairs, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1277 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 in- strumentality of the United States Government except pursuant to a transfer made by, or transfer authority pro- vided in, this or any other appropriations Act.

SEC.

406.
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 Representa- 12 tives.

13 SEC.

407.
SEC.

407.

(a) Any agency receiving funds made avail- able in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report re- quired to be submitted by the Congress in this or any other Act, upon the determination by the head of the agen- cy that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if— (1) the public posting of the report com- promises national security; or (2) the report contains confidential or propri- etary information.

(c) The head of the agency posting such report shall do so only after such report has been made available to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1278 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 crimi- nal 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.
SEC.

410.

None of the funds made available in this Act may be used to execute a contract for goods or serv- ices, 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 22 title 10, United States Code.

23 24 25 SEC.

412.
23 24 25 SEC.

412.

(a) IN GENERAL.—None of the funds ap- propriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1279 or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guanta´namo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense.

(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guanta´namo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guanta´namo Bay, Cuba.
This division may be cited as the ‘‘Military Construc- tion, Veterans Affairs, and Related Agencies Appropria- tions Act, 2023’’.

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1280 DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC PROGRAMS For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $9,463,159,000, of which $844,418,000 may remain avail- able until September 30, 2024, and of which up to $3,813,707,000 may remain available until expended for Worldwide Security Protection: Provided, That funds made available under this heading shall be allocated in ac- cordance with paragraphs (1) through (4), as follows: (1) HUMAN RESOURCES.—For necessary ex- penses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as au- thorized by section 801 of the United States Infor- mation and Educational Exchange Act of 1948 (62 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1281 Stat.

11; Chapter 36), $3,420,898,000, of which up to $684,767,000 is for Worldwide Security Protec- tion.

(2) OVERSEAS PROGRAMS.—For necessary ex- penses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,841,831,000.
(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties rati- fied pursuant to the advice and consent of the Sen- ate or specific Acts of Congress, general administra- tion, and arms control, nonproliferation, and disar- mament activities as authorized, $1,043,372,000.
(4) SECURITY PROGRAMS.—For necessary ex- penses for security activities, $3,157,058,000, of which up to $3,128,940,000 is for Worldwide Secu- rity Protection.

(5) FEES AND PAYMENTS COLLECTED.—In ad- dition to amounts otherwise made available under this heading— (A) as authorized by section 810 of the United States Information and Educational Ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1282 change Act, not to exceed $5,000,000, to re- main available until expended, may be credited to this appropriation from fees or other pay- ments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and coun- seling and exchange visitor programs; and (B) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities.
(6) TRANSFER OF FUNDS, REPROGRAMMING, AND OTHER MATTERS.— (A) Notwithstanding any other provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading for Worldwide Security Protection, not to exceed $50,000,000 may be transferred to, and merged with, funds made available by this Act under the heading ‘‘Emergencies in the Diplomatic and Consular Service’’, to be avail- able only for emergency evacuations and re- wards, as authorized: Provided, That the exer- cise of the authority provided by this subpara- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1283 graph shall be subject to prior consultation with the Committees on Appropriations.

(C) Funds appropriated under this heading are available for acquisition by exchange or pur- chase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examina- tion of programs and activities in the United States funded from any account contained in this title.
(D) Funds appropriated under this head- ing shall be made available to support the ac- tivities of the Ambassador-at-Large for the Arc- tic Region, as described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(E) Of the amount made available under this heading, up to $75,000,000 may be trans- ferred to, and merged with, funds made avail- able in title I of this Act under the heading ‘‘Capital Investment Fund’’: Provided, That the exercise of the authority provided by this sub- paragraph shall be subject to prior consultation with the Committees on Appropriations.

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1284 (F) The eleventh proviso under the head- ing ‘‘Diplomatic and Consular Programs’’ in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (title I of division J of Public Law 110– 161) is amended by inserting ‘‘and for expenses of rewards programs’’ after ‘‘for rewards pay- ments’’.
(G) Consistent with section 204 of the Ad- miral James W. Nance and Meg Donovan For- eign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C.

2452b), up to $25,000,000 of the amounts made available under this heading may be obligated and ex- pended for United States participation in inter- national fairs and expositions abroad, including for construction and operation of a United States pavilion at Expo 2025.
(H) Of the funds appropriated under this heading, not less than $2,000,000 shall be made available for a grant to a postsecondary educational institution for the purpose of estab- lishing a program to increase the participation of undergraduate students in the Foreign Serv- ice, as authorized by section 150 of the Foreign December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1285 Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
2719): Provided, That such grant program shall hereafter be named the ‘‘Nancy Pelosi Fellowship Program’’.

CAPITAL INVESTMENT FUND For necessary expenses of the Capital Investment Fund, as authorized, $389,000,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, $98,500,000, of which $14,775,000 may remain available until September 30, 2024: Provided, That funds appropriated under this heading are made available not- withstanding section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.

3929(a)(1)), as it relates to post in- spections.
In addition, for the Special Inspector General for Af- ghanistan Reconstruction (SIGAR) for reconstruction oversight, $35,200,000, to remain available until Sep- tember 30, 2024: Provided, That funds appropriated under this heading that are made available for the print- ing and reproduction costs of SIGAR shall not exceed amounts for such costs during the prior fiscal year.

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1286 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS For necessary expenses of educational and cultural exchange programs, as authorized, $777,500,000, to re- main available until expended, of which not less than $287,500,000 shall be for the Fulbright Program and not less than $115,000,000 shall be for Citizen Exchange Pro- gram: Provided, That fees or other payments received from, or in connection with, English teaching, educational advising and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until expended: Provided further, That a portion of the Fulbright awards from the Eurasia and Central Asia regions shall be designated as Edmund S. Muskie Fellowships, following consultation with the Com- mittees on Appropriations: Provided further, That funds appropriated under this heading that are made available for the Benjamin Gilman International Scholarships Pro- gram shall also be made available for the John S. McCain Scholars Program, pursuant to section 7075 of the De- partment of State, Foreign Operations, and Related Pro- grams Appropriations Act, 2019 (division F of Public Law 116–6): Provided further, That funds appropriated under this heading shall be made available for the Arctic Ex- change Program: Provided further, That any substantive modifications from the prior fiscal year to programs fund- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1287 ed by this Act under this heading shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

REPRESENTATION EXPENSES For representation expenses as authorized, $7,415,000.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS For necessary expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,890,000, to remain available until September 30, 2024.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 (22 U.S.C.

292 et seq.
), preserving, maintaining, repairing, and planning for real property that are owned or leased by the Department of State, and renovating, in addition to funds otherwise avail- able, the Harry S Truman Building, $902,615,000, to re- main available until September 30, 2027, of which not to exceed $25,000 may be used for overseas representation expenses as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acqui- sition of furniture, furnishings, or generators for other de- partments and agencies of the United States Government.
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1288 In addition, for the costs of worldwide security up- grades, acquisition, and construction as authorized, $1,055,206,000, to remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplo- matic and Consular Service, as authorized, $8,885,000, to remain available until expended, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading ‘‘Repatriation Loans Program Account’’.
REPATRIATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $1,300,000, as author- ized: Provided, That such costs, including the cost of modi- fying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed 20 $4,753,048.
21 22 23 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Rela- tions Act (Public Law 96–8), $34,083,000.

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1289 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA Not to exceed $1,842,732 shall be derived from fees collected from other executive agencies for lease or use of facilities at the International Center in accordance with section 4 of the International Center Act (Public Law 90– 553), and, in addition, as authorized by section 5 of such Act, $743,000, to be derived from the reserve authorized by such section, to be used for the purposes set out in that section.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000.
INTERNATIONAL ORGANIZATIONS CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conven- tions, or specific Acts of Congress, $1,438,000,000, of which $96,240,000 may remain available until September 30, 2024: Provided, That the Secretary of State shall, at the time of the submission of the President’s budget to Congress under section 1105(a) of title 31, United States December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1290 Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Na- tions for the operations of the United Nations: Provided further, That the Secretary of State shall notify the Com- mittees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget: Provided further, That any payment of arrearages under this head- ing shall be directed to activities that are mutually agreed upon by the United States and the respective international organization and shall be subject to the regular notifica- tion procedures of the Committees on Appropriations: Pro- vided further, That none of the funds appropriated under this heading shall be available for a United States con- tribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans in- curred on or after October 1, 1984, through external bor- 21 rowings.
22 23 24 25 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For necessary expenses to pay assessed and other ex- penses of international peacekeeping activities directed to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1291 the maintenance or restoration of international peace and security, $1,481,915,000, of which $740,958,000 may re- main available until September 30, 2024: Provided, That none of the funds made available by this Act shall be obli- gated or expended for any new or expanded United Na- tions peacekeeping mission unless, at least 15 days in ad- vance of voting for such mission in the United Nations Security Council (or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and duration of the mis- sion, the objectives of the mission, the national interest that will be served, and the exit strategy; and (2) the sources of funds, including any reprogrammings or trans- fers, that will be used to pay the cost of the new or ex- panded mission, and the estimated cost in future fiscal years: Provided further, That none of the funds appro- priated under this heading may be made available for obli- gation unless the Secretary of State certifies and reports to the Committees on Appropriations on a peacekeeping mission-by-mission basis that the United Nations is imple- menting effective policies and procedures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in such mission from traf- ficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation and abuse or other December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1292 violations of human rights, and to hold accountable indi- viduals who engage in such acts while participating in such mission, including prosecution in their home coun- tries and making information about such prosecutions publicly available on the website of the United Nations: Provided further, That the Secretary of State shall work with the United Nations and foreign governments contrib- uting peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated human rights: Provided further, That funds shall be avail- able for peacekeeping expenses unless the Secretary of State determines that United States manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to for- eign manufacturers and suppliers: Provided further, That none of the funds appropriated or otherwise made avail- able under this heading may be used for any United Na- tions peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President’s military advi- sors have submitted to the President a recommendation that such involvement is in the national interest of the United States and the President has submitted to Con- gress such a recommendation: Provided further, That any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1293 payment of arrearages with funds appropriated by this Act shall be subject to the regular notification procedures of the Committees on Appropriations.
INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws appli- cable to the United States Section, including not to exceed $6,000 for representation expenses, as follows: SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, $57,935,000, of which $8,690,000 may remain available 18 until September 30, 2024.
CONSTRUCTION For detailed plan preparation and construction of au- thorized projects, $53,030,000, to remain available until expended, as authorized: Provided, That of the funds ap- propriated under this heading in this Act and prior Acts making appropriations for the Department of State, for- eign operations, and related programs for the United December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1294 States Section, up to $5,000,000 may be transferred to, and merged with, funds appropriated under the heading ‘‘Salaries and Expenses’’ to carry out the purposes of the United States Section, which shall be subject to prior con- sultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That such transfer authority is in addition to any other transfer authority provided in this Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as au- thorized by treaties between the United States and Can- ada or Great Britain, and for technical assistance grants and the Community Assistance Program of the North American Development Bank, $16,204,000: Provided, That of the amount provided under this heading for the International Joint Commission, up to $1,250,000 may re- main available until September 30, 2024, and up to $9,000 may be made available for representation expenses: Provided further, That of the amount provided under this heading for the International Boundary Commission, up to $1,000 may be made available for representation ex- 24 penses.
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1295 INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $65,719,000: Provided, That the United States share of such expenses may be advanced to the respective com- missions pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY UNITED STATES AGENCY FOR GLOBAL MEDIA INTERNATIONAL BROADCASTING OPERATIONS For necessary expenses to enable the United States Agency for Global Media (USAGM), as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and tele- vision broadcasting to the Middle East, $875,000,000, of which $43,750,000 may remain available until September 30, 2024: Provided, That in addition to amounts otherwise available for such purposes, up to $60,708,000 of the amount appropriated under this heading may remain available until expended for satellite transmissions and Internet freedom programs, of which not less than $40,000,000 shall be for Internet freedom programs: Pro- vided further, That of the total amount appropriated under this heading, not to exceed $35,000 may be used for rep- resentation expenses, of which $10,000 may be used for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1296 such expenses within the United States as authorized, and not to exceed $30,000 may be used for representation ex- penses of Radio Free Europe/Radio Liberty: Provided fur- ther, That funds appropriated under this heading shall be allocated in accordance with the table included under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That notwithstanding the previous proviso, funds may be reprogrammed within and between amounts designated in such table, subject to the regular notification procedures of the Committees on Appropria- tions, except that no such reprogramming may reduce a designated amount by more than 5 percent: Provided fur- ther, That funds appropriated under this heading shall be made available in accordance with the principles and standards set forth in section 303(a) and (b) of the United States International Broadcasting Act of 1994 (22 U.S.C.
6202) and section 305(b) of such Act (22 U.S.C.
6204): Provided further, That the USAGM Chief Executive Offi- cer shall notify the Committees on Appropriations within 15 days of any determination by the USAGM that any of its broadcast entities, including its grantee organiza- tions, provides an open platform for international terror- ists or those who support international terrorism, or is in violation of the principles and standards set forth in sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1297 tion 303(a) and (b) of such Act or the entity’s journalistic code of ethics: Provided further, That in addition to funds made available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international or- ganizations, and up to $1,000,000 in receipts from privat- ization efforts of the Voice of America and the Inter- national Broadcasting Bureau, shall remain available until expended for carrying out authorized purposes: Provided further, That significant modifications to USAGM broad- cast hours previously justified to Congress, including changes to transmission platforms (shortwave, medium wave, satellite, Internet, and television), for all USAGM language services shall be subject to the regular notifica- tion procedures of the Committees on Appropriations: Pro- vided further, That up to $5,000,000 from the USAGM Buying Power Maintenance account may be transferred to, and merged with, funds appropriated by this Act under the heading ‘‘International Broadcasting Operations’’, which shall remain available until expended: Provided fur- ther, That such transfer authority is in addition to any transfer authority otherwise available under any other pro- vision of law and shall be subject to prior consultation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1298 with, and the regular notification procedures of, the Com- mittees on Appropriations.
BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preser- vation, and improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, tele- vision, and digital transmission and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such pur- poses, $9,700,000, to remain available until expended, as 12 authorized.
RELATED PROGRAMS THE ASIA FOUNDATION For a grant to The Asia Foundation, as authorized by The Asia Foundation Act (22 U.S.C.

4402), $22,000,000, to remain available until expended.

UNITED STATES INSTITUTE OF PEACE For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act (22 U.S.C.

4601 et seq.
4601 et seq.

), $55,000,000, to re- main available until September 30, 2024, which shall not be used for construction activities.

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1299 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C.

2078), the total amount of the inter- est and earnings accruing to such Fund on or before Sep- tember 30, 2023, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM For necessary expenses of Eisenhower Exchange Fel- lowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C.
5204–5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2023, to remain avail- able until expended: Provided, That none of the funds ap- propriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by section 5376 of title 5, United States Code; or for pur- poses which are not in accordance with section 200 of title 2 of the Code of Federal Regulations, including the re- strictions on compensation for personal services.
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1300 ISRAELI ARAB SCHOLARSHIP PROGRAM For necessary expenses of the Israeli Arab Scholar- ship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.

2452 note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before Sep- tember 30, 2023, to remain available until expended.
EAST-WEST CENTER To enable the Secretary of State to provide for car- rying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Ha- waii, $22,000,000.
NATIONAL ENDOWMENT FOR DEMOCRACY For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C.
4412), $315,000,000, to remain available until expended, of which $205,632,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $109,368,000 shall be for democracy programs: Pro- vided, That the requirements of section 7062(a) of this Act shall not apply to funds made available under this 25 heading.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1301 OTHER COMMISSIONS COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE ABROAD SALARIES AND EXPENSES For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $819,000, as authorized by chapter 3123 of title 54, United States Code: Provided, That the Commission may procure tem- porary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Pro- vided further, That such authority shall terminate on Octo- ber 1, 2023: Provided further, That the Commission shall notify the Committees on Appropriations prior to exer- cising such authority.
UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM SALARIES AND EXPENSES For necessary expenses for the United States Com- mission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 (22 U.S.C.

6431 et seq.

), $3,500,000, to remain available until September 30, 2024, including not more than $4,000 for representation expenses.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1302 COMMISSION ON SECURITY AND COOPERATION IN EUROPE SALARIES AND EXPENSES For necessary expenses of the Commission on Secu- rity and Cooperation in Europe, as authorized by Public Law 94–304 (22 U.S.C.

3001 et seq.

), $2,908,000, includ- ing not more than $6,000 for representation expenses, to remain available until September 30, 2024.
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S REPUBLIC OF CHINA SALARIES AND EXPENSES For necessary expenses of the Congressional-Execu- tive Commission on the People’s Republic of China, as au- thorized by title III of the U.S.-China Relations Act of 2000 (22 U.S.C.

6911 et seq.

), $2,300,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2024.
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION SALARIES AND EXPENSES For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.

7002), $4,000,000, including not more than $4,000 for represen- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1303 tation expenses, to remain available until September 30, 2024: Provided, That the authorities, requirements, limi- tations, and conditions contained in the second through fifth provisos under this heading in the Department of State, Foreign Operations, and Related Programs Appro- priations Act, 2010 (division F of Public Law 111–117) shall continue in effect during fiscal year 2023 and shall apply to funds appropriated under this heading.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1304 TITLE II UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,743,350,000, of which up to $261,503,000 may remain available until September 30, 2024: Provided, That none of the funds appropriated under this heading and under the heading ‘‘Capital Investment Fund’’ in this title may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development, unless the USAID Adminis- trator has identified such proposed use of funds in a re- port submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such pur- poses: Provided further, That contracts or agreements en- tered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through the following fiscal year: Provided further, That the authority of sections 610 and 109 of the Foreign As- sistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1305 ter 1 of part I of such Act to ‘‘Operating Expenses’’ in accordance with the provisions of those sections: Provided further, That of the funds appropriated or made available under this heading, not to exceed $250,000 may be avail- able for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertain- ment expenses, and not to exceed $100,500 shall be for official residence expenses, for USAID during the current fiscal year: Provided further, That of the funds appro- priated under this heading, up to $20,000,000 may be transferred to, and merged with, funds appropriated or otherwise made available in title II of this Act under the heading ‘‘Capital Investment Fund’’, subject to prior con- sultation with, and the regular notification procedures of, the Committees on Appropriations.
CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $259,100,000, to remain available until expended: Provided, That this amount is in addition to funds other- wise available for such purposes: Provided further, That funds appropriated under this heading shall be available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1306 subject to the regular notification procedures of the Com- mittees on Appropriations.

OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $80,500,000, of which up to $12,075,000 may remain available until September 30, 2024, for the Office of In- spector General of the United States Agency for Inter- national Development.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1307 TITLE III BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: GLOBAL HEALTH PROGRAMS For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to 11 funds otherwise available for such purposes, $4,165,950,000, to remain available until September 30, 2024, and which shall be apportioned directly to the United States Agency for International Development: Pro- vided, That this amount shall be made available for train- ing, equipment, and technical assistance to build the ca- pacity of public health institutions and organizations in developing countries, and for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education pro- grams; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the preven- tion, treatment, control of, and research on HIV/AIDS, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1308 tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; (6) disaster pre- paredness training for health crises; (7) programs to pre- vent, prepare for, and respond to unanticipated and emerging global health threats, including zoonotic dis- eases; and (8) family planning/reproductive health: Pro- vided further, That funds appropriated under this para- graph may be made available for United States contribu- tions to The GAVI Alliance and to a multilateral vaccine development partnership to support epidemic prepared- ness: Provided further, That none of the funds made avail- able in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organi- zation or program which, as determined by the President of the United States, supports or participates in the man- agement of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made not later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria uti- lized to make the determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of abortion as a method December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1309 of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the fol- lowing requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning pur- poses); (2) the project shall not include payment of incen- tives, bribes, gratuities, or financial reward to: (A) an indi- vidual in exchange for becoming a family planning accep- tor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of fam- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1310 ily planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual’s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible infor- mation on the health benefits and risks of the method cho- sen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contracep- tive drugs and devices and medical procedures are pro- vided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a de- scription of such violation and the corrective action taken by the Agency: Provided further, That in awarding grants for natural family planning under section 104 of the For- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1311 eign Assistance Act of 1961 no applicant shall be discrimi- nated against because of such applicant’s religious or con- scientious commitment to offer only natural family plan- ning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act author- izing or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘moti- vate’’, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further, That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $6,395,000,000, to remain available until September 30, 2027, which shall be apportioned directly to the Department of State: Provided, That funds appro- priated under this paragraph may be made available, not- withstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuber- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1312 culosis, and Malaria Act of 2003 (Public Law 108–25), for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund): Provided further, That the amount of such contribution shall be $2,000,000,000: Provided further, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2023 may be made avail- able to USAID for technical assistance related to the ac- tivities of the Global Fund, subject to the regular notifica- tion procedures of the Committees on Appropriations: Pro- vided further, That of the funds appropriated under this paragraph, up to $17,000,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States Global AIDS Coordinator.
DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $4,368,613,000, to remain available until September 30, 2024: Provided, That funds made available under this heading shall be apportioned to the United States Agency for International Development.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1313 INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and recon- struction assistance, $3,905,460,000, to remain available until expended: Provided, That funds made available under this heading shall be apportioned to the United States Agency for International Development not later than 60 days after the date of enactment of this Act.
TRANSITION INITIATIVES For necessary expenses for international disaster re- habilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of 1961, and to support transi- tion to democracy and long-term development of countries in crisis, $80,000,000, to remain available until expended: Provided, That such support may include assistance to de- velop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator shall submit a report to the Com- mittees on Appropriations at least 5 days prior to begin- ning a new, or terminating a, program of assistance: Pro- vided further, That if the Secretary of State determines December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1314 that it is important to the national interest of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assist- ance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso shall be made 10 available subject to prior consultation with the Committees 11 on Appropriations.
COMPLEX CRISES FUND For necessary expenses to carry out the provisions of section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94), $60,000,000, to remain available until expended: Provided, That funds ap- propriated under this heading may be made available not- withstanding any other provision of law, except sections 7007, 7008, and 7018 of this Act and section 620M of the Foreign Assistance Act of 1961: Provided further, That funds appropriated under this heading shall be ap- portioned to the United States Agency for International 23 Development.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1315 ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $4,301,301,000, to remain available until Sep- tember 30, 2024.
DEMOCRACY FUND For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of Public Law 98–164 (22 U.S.C.
4411), $222,450,000, to remain available until September 30, 2024, which shall be made available for the Human Rights and Democracy Fund of the Bureau of De- mocracy, Human Rights, and Labor, Department of State: Provided, That funds appropriated under this head- ing that are made available to the National Endowment for Democracy and its core institutes are in addition to amounts otherwise made available by this Act for such purposes: Provided further, That the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall consult with the Committees on Appropria- tions prior to the initial obligation of funds appropriated under this paragraph.
24 25 For an additional amount for such purposes, $133,250,000, to remain available until September 30, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1316 2024, which shall be made available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act (Public Law 102–511), and the Support for Eastern European Democracy (SEED) Act of 1989 (Pub- lic Law 101–179), $500,334,000, to remain available until September 30, 2024, which shall be available, notwith- standing any other provision of law, except section 7047 of this Act, for assistance and related programs for coun- tries identified in section 3 of the FREEDOM Support Act (22 U.S.C.
5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C.
5402), in addition to funds otherwise available for such purposes: Provided, That funds appro- priated by this Act under the headings ‘‘Global Health Programs’’, ‘‘Economic Support Fund’’, and ‘‘Inter- national Narcotics Control and Law Enforcement’’ that are made available for assistance for such countries shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 102 of the FREEDOM Support Act and section 601 of the SEED Act of 1989: Provided further, That funds appropriated under this heading shall be considered to be economic as- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1317 sistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authori- ties contained in that Act for the use of economic assist- ance: Provided further, That funds appropriated under this heading may be made available for contributions to multi- lateral initiatives to counter hybrid threats.
DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee As- sistance Act of 1962 (22 U.S.C.

2601), and other activi- ties to meet refugee and migration needs; salaries and ex- penses of personnel and dependents as authorized by the Foreign Service Act of 1980 (22 U.S.C.

3901 et seq.
3901 et seq.

); allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of pas- senger motor vehicles; and services as authorized by sec- tion 3109 of title 5, United States Code, $2,912,188,000, to remain available until expended, of which $5,000,000 shall be made available for refugees resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1318 Act of 1962 (22 U.S.C.


2601(c)), $100,000, to remain available until expended: Provided, That amounts in excess of the limitation contained in paragraph (2) of such sec- tion shall be transferred to, and merged with, funds made available by this Act under the heading ‘‘Migration and Refugee Assistance’’.

INDEPENDENT AGENCIES PEACE CORPS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of the Peace Corps Act (22 U.S.C.

2501 et seq.
2501 et seq.

), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $430,500,000, of which $7,300,000 is for the Of- fice of Inspector General, to remain available until Sep- tember 30, 2024: Provided, That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further, That funds transferred pur- suant to the previous proviso may not be derived from amounts made available for Peace Corps overseas oper- ations: Provided further, That of the funds appropriated under this heading, not to exceed $104,000 may be avail- able for representation expenses, of which not to exceed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1319 $4,000 may be made available for entertainment expenses: Provided further, That in addition to the requirements under section 7015(a) of this Act, the Peace Corps shall consult with the Committees on Appropriations prior to any decision to open, close, or suspend a domestic or over- seas office or a country program unless there is a substan- tial risk to volunteers or other Peace Corps personnel: Pro- vided further, That none of the funds appropriated under this heading shall be used to pay for abortions: Provided further, That notwithstanding the previous proviso, section 614 of division E of Public Law 113–76 shall apply to funds appropriated under this heading.
MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C.

7701 et seq.)

(MCA), $930,000,000, to remain available until expended: Provided, That of the funds appropriated under this heading, up to $130,000,000 may be available for ad- ministrative expenses of the Millennium Challenge Cor- poration: Provided further, That section 605(e) of the MCA (22 U.S.C.
7704(e)) shall apply to funds appro- priated under this heading: Provided further, That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursu- ant to section 609 of the MCA (22 U.S.C.

7708) only if December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1320 such Compact obligates, or contains a commitment to obli- gate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided fur- ther, That of the funds appropriated under this heading, not to exceed $100,000 may be available for representa- tion and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses.
INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $47,000,000, to remain available until September 30, 2024: Provided, That of the funds appropriated under this heading, not to exceed $2,000 may be available for 17 representation expenses.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out the African De- velopment Foundation Act (title V of Public Law 96–533; 22 U.S.C.

290h et seq.
290h et seq.

), $45,000,000, to remain available until September 30, 2024, of which not to exceed $2,000 may be available for representation expenses: Provided, That funds made available to grantees may be invested pending expenditure for project purposes when authorized December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1321 by the Board of Directors of the United States African Development Foundation (USADF): Provided further, That interest earned shall be used only for the purposes for which the grant was made: Provided further, That not- withstanding section 505(a)(2) of the African Develop- ment Foundation Act (22 U.S.C.
290h–3(a)(2)), in excep- tional circumstances the Board of Directors of the USADF may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation: Provided fur- ther, That the USADF shall submit a report to the appro- priate congressional committees after each time such waiv- er authority is exercised: Provided further, That the USADF may make rent or lease payments in advance from appropriations available for such purpose for offices, buildings, grounds, and quarters in Africa as may be nec- essary to carry out its functions: Provided further, That the USADF may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts, in furtherance of the purposes of the Afri- can Development Foundation Act: Provided further, That the USADF may not withdraw any appropriation from the Treasury prior to the need of spending such funds for pro- 25 gram purposes.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1322 DEPARTMENT OF THE TREASURY INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $38,000,000, to remain available until expended, of which not more than $9,500,000 may be used for administrative expenses: Provided, That amounts made available under this heading may be made available to contract for services as described in section 129(d)(3)(A) of the Foreign Assist- ance Act of 1961, without regard to the location in which 11 such services are performed.
DEBT RESTRUCTURING For ‘‘Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring’’ there is appropriated $52,000,000, to remain available until September 30, 2026, for the costs, as defined in section 502 of the Con- gressional Budget Act of 1974, of modifying loans and loan guarantees for, or credits extended to, such countries as the President may determine, including the costs of selling, reducing, or canceling amounts owed to the United States pursuant to multilateral debt restructurings, in- cluding Paris Club debt restructurings and the ‘‘Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative’’: Provided, That such amounts may be used notwithstanding any other provision of law.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1323 TROPICAL FOREST AND CORAL REEF CONSERVATION For the costs, as defined in section 502 of the Con- gressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the costs of selling, reduc- ing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries pursuant to part V of the Foreign Assistance Act of 1961, $20,000,000, to remain available until September 30, 12 2026.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1324 TITLE IV INTERNATIONAL SECURITY ASSISTANCE DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,391,004,000, to remain available until September 30, 2024: Provided, That the Department of State may use the authority of section 608 of the Foreign Assistance Act of 1961, with- out regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing such property to a foreign country or international organization under chapter 8 of part I of such Act, subject to the regular notification procedures of the Committees on Appropriations: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading, except that any funds made available notwithstanding such sec- tion shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading shall be made available to support training and technical assistance for foreign law enforcement, corrections, judges, and other ju- dicial authorities, utilizing regional partners: Provided fur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1325 ther, That funds made available under this heading that are transferred to another department, agency, or instru- mentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 val- ued in excess of $5,000,000, and any agreement made pursuant to section 632(a) of such Act, shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading for Program Development and Support may be made available notwithstanding pre- obligation requirements contained in this Act, except for the notification requirements of section 7015.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-ter- rorism, demining and related programs and activities, $921,000,000, to remain available until September 30, 2024, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C.
5854), section 23 of the Arms Export Control Act (22 U.S.C.

2763), or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1326 tivities, notwithstanding any other provision of law, includ- ing activities implemented through nongovernmental and international organizations, and section 301 of the For- eign Assistance Act of 1961 for a United States contribu- tion to the Comprehensive Nuclear Test Ban Treaty Pre- paratory Commission, and for a voluntary contribution to the International Atomic Energy Agency (IAEA): Pro- vided, That funds made available under this heading for the Nonproliferation and Disarmament Fund shall be made available, notwithstanding any other provision of law and subject to prior consultation with, and the regular no- tification procedures of, the Committees on Appropria- tions, to promote bilateral and multilateral activities relat- ing to nonproliferation, disarmament, and weapons de- struction, and shall remain available until expended: Pro- vided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being de- nied its right to participate in the activities of that Agen- cy: Provided further, That funds made available for con- ventional weapons destruction programs, including December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1327 demining and related activities, in addition to funds other- wise available for such purposes, may be used for adminis- trative expenses related to the operation and management of such programs and activities, subject to the regular no- tification procedures of the Committees on Appropria- tions.
PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $460,759,000, of which $330,000,000 may remain avail- able until September 30, 2024: Provided, That funds ap- propriated under this heading may be used, notwith- standing section 660 of the Foreign Assistance Act of 1961, to provide assistance to enhance the capacity of for- eign civilian security forces, including gendarmes, to par- ticipate in peacekeeping operations: Provided further, That of the funds appropriated under this heading, not less than $25,000,000 shall be made available for a United States contribution to the Multinational Force and Ob- servers mission in the Sinai: Provided further, That funds appropriated under this heading may be made available to pay assessed expenses of international peacekeeping ac- tivities in Somalia under the same terms and conditions, as applicable, as funds appropriated by this Act under the heading ‘‘Contributions for International Peacekeeping December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1328 Activities’’: Provided further, That funds appropriated under this heading shall be subject to the regular notifica- tion procedures of the Committees on Appropriations.
FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $112,925,000, to remain available until September 30, 2024: Provided, That the civilian personnel for whom mili- tary education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to im- proved civil-military relations, civilian control of the mili- tary, or respect for human rights: Provided further, That of the funds appropriated under this heading, $3,000,000 shall remain available until expended to increase the par- ticipation of women in programs and activities funded under this heading, following consultation with the Com- mittees on Appropriations: Provided further, That of the funds appropriated under this heading, not to exceed $50,000 may be available for entertainment expenses.
FOREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act (22 U.S.C.

2763), December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1329 $6,053,049,000: Provided, That to expedite the provision of assistance to foreign countries and international organi- zations, the Secretary of State, following consultation with the Committees on Appropriations and subject to the reg- ular notification procedures of such Committees, may use the funds appropriated under this heading to procure de- fense articles and services to enhance the capacity of for- eign security forces: Provided further, That funds appro- priated or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided fur- ther, That funds made available under this heading shall be obligated upon apportionment in accordance with para- graph (5)(C) of section 1501(a) of title 31, United States 15 Code.
None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction serv- ices that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds: Provided, That all coun- try and funding level increases in allocations shall be sub- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1330 mitted through the regular notification procedures of sec- tion 7015 of this Act: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may in- clude activities implemented through nongovernmental and international organizations: Provided further, That a country that is a member of the North Atlantic Treaty Organization (NATO) or is a major non-NATO ally des- ignated by section 517(b) of the Foreign Assistance Act of 1961 may utilize funds made available under this head- ing for procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and 18 services: Provided further, That not more than $70,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropria- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1331 tions: Provided further, That of the funds made available under this heading for general costs of administering mili- tary assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $130,000 may be available for representation expenses: Provided further, That not more than $1,253,810,229 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C.
2761(e)(1)(A)) may be ob- ligated for expenses incurred by the Department of De- fense during fiscal year 2023 pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.

2792(b)), ex- cept that this limitation may be exceeded only through the regular notification procedures of the Committees on Ap- 14 propriations.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1332 TITLE V MULTILATERAL ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, $508,600,000: Provided, That section 307(a) of the For- eign Assistance Act of 1961 shall not apply to contribu- tions to the United Nations Democracy Fund: Provided further, That not later than 60 days after the date of en- actment of this Act, such funds shall be made available for core contributions for each entity listed in the table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) unless otherwise provided for in this Act, or if the Secretary of State has justified to the Committees on Appropriations the proposed uses of funds other than for core contributions following prior consultation with, and subject to the regular notification procedures of, such Committees.
21 22 23 24 INTERNATIONAL FINANCIAL INSTITUTIONS GLOBAL ENVIRONMENT FACILITY For payment to the International Bank for Recon- struction and Development as trustee for the Global Envi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1333 ronment Facility by the Secretary of the Treasury, $150,200,000, to remain available until expended.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND For contribution to the Clean Technology Fund, $125,000,000, to remain available until expended: Pro- vided, That up to $125,000,000 of such amount shall be available to cover costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans issued to the Clean Technology Fund: Provided further, That such funds are available to subsidize gross obligations for the principal amount of direct loans without limitation.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT For payment to the International Bank for Recon- struction and Development by the Secretary of the Treas- ury for the United States share of the paid-in portion of the increases in capital stock, $206,500,000, to remain 18 available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $1,421,275,728.70.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1334 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Asso- ciation by the Secretary of the Treasury, $1,430,256,000, to remain available until expended.

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $43,610,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $54,648,752, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Develop- ment Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $856,174,624.
21 22 23 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For payment to the African Development Fund by the Secretary of the Treasury, $171,300,000, to remain 24 available until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1335 CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For payment to the International Fund for Agricul- tural Development by the Secretary of the Treasury, $43,000,000, to remain available until expended.

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM For payment to the Global Agriculture and Food Se- curity Program by the Secretary of the Treasury, $10,000,000, to remain available until expended.
CONTRIBUTIONS TO THE INTERNATIONAL MONETARY FUND FACILITIES AND TRUST FUNDS For contribution by the Secretary of the Treasury to the Poverty Reduction and Growth Trust or the Resilience and Sustainability Trust of the International Monetary Fund, $20,000,000, to remain available until September 16 30, 2031.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1336 TITLE VI EXPORT AND INVESTMENT ASSISTANCE EXPORT-IMPORT BANK OF THE UNITED STATES INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C.

App.

), $7,500,000, of which up to $1,125,000 may remain available until Sep- tember 30, 2024.
PROGRAM ACCOUNT The Export-Import Bank of the United States is au- thorized to make such expenditures within the limits of funds and borrowing authority available to such corpora- tion, and in accordance with law, and to make such con- tracts and commitments without regard to fiscal year limi- tations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the pro- gram for the current fiscal year for such corporation: Pro- vided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non- Proliferation of Nuclear Weapons eligible to receive eco- nomic or military assistance under this Act, that has deto- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1337 nated a nuclear explosive after the date of enactment of this Act.
ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $125,000,000, of which up to $18,750,000 may re- main available until September 30, 2024: Provided, That the Export-Import Bank (the Bank) may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guar- antee or insurance commitment has been made: Provided further, That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) of such section shall remain in effect until September 30, 2023: Provided further, That the Bank shall charge fees for necessary expenses (including special services per- formed on a contract or fee basis, but not including other personal services) in connection with the collection of mon- eys owed the Bank, repossession or sale of pledged collat- eral or other assets acquired by the Bank in satisfaction December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1338 of moneys owed the Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or technical aspects of any transaction for which an appli- cation for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions: Provided further, That in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account for such purposes, to re- main available until expended.
PROGRAM BUDGET APPROPRIATIONS For the cost of direct loans, loan guarantees, insur- ance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $15,000,000, to remain available until Sep- tember 30, 2026: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such funds shall remain available until Sep- tember 30, 2038, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2023 through 2026.
RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import Bank Act of 1945 (Public Law 79–173) and the Federal Credit Reform Act of 1990, in an amount not to exceed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1339 the amount appropriated herein, shall be credited as off- setting collections to this account: Provided, That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting col- lections so as to result in a final fiscal year appropriation from the General Fund estimated at $0.
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE CORPORATION INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C.

App.

), $5,583,000, to re- main available until September 30, 2024.
CORPORATE CAPITAL ACCOUNT The United States International Development Fi- nance Corporation (the Corporation) is authorized to make such expenditures and commitments within the lim- its of funds and borrowing authority available to the Cor- poration, and in accordance with the law, and to make such expenditures and commitments without regard to fis- cal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs for the current fiscal year for the Cor- poration: Provided, That for necessary expenses of the ac- tivities described in subsections (b), (c), (e), (f), and (g) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1340 of section 1421 of the BUILD Act of 2018 (division F of Public Law 115–254) and for administrative expenses to carry out authorized activities and project-specific transaction costs described in section 1434(d) of such Act, $1,000,000,000: Provided further, That of the amount provided— (1) $220,000,000 shall remain available until September 30, 2025, for administrative expenses to carry out authorized activities (including an amount for official reception and representation expenses which shall not exceed $25,000) and project-specific transaction costs as described in section 1434(k) of such Act; and (2) $780,000,000 shall remain available until September 30, 2025, for the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018, except such amounts ob- ligated in a fiscal year for activities described in sec- tion 1421(c) of such Act shall remain available for disbursement for the term of the underlying project: Provided further, That amounts made available under this paragraph may be paid to the ‘‘United States International Development Finance Corpora- tion—Program Account’’ for programs authorized December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1341 by subsections (b), (e), (f), and (g) of section 1421 of the BUILD Act of 2018: Provided further, That funds may only be obligated pursu- ant to section 1421(g) of the BUILD Act of 2018 subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this Act and prior Acts making ap- propriations for the Department of State, foreign oper- ations, and related programs for support by the Corpora- tion in upper-middle income countries shall be subject to prior consultation with the Committees on Appropriations: Provided further, That in fiscal year 2023 collections of amounts described in section 1434(h) of the BUILD Act of 2018 shall be credited as offsetting collections to this appropriation: Provided further, That such collections col- lected in fiscal year 2023 in excess of $1,000,000,000 shall be credited to this account and shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That in fiscal 21 year 2023, if such collections are less than 22 23 24 25 $1,000,000,000, receipts collected pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of 1990, in an amount equal to such shortfall, shall be credited as offsetting collections to this appropriation: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1342 Provided further, That funds appropriated or otherwise made available under this heading may not be used to pro- vide any type of assistance that is otherwise prohibited by any other provision of law or to provide assistance to any foreign country that is otherwise prohibited by any other provision of law: Provided further, That the sums herein appropriated from the General Fund shall be re- duced on a dollar-for-dollar basis by the offsetting collec- tions described under this heading so as to result in a final 10 fiscal year appropriation from the General Fund estimated 11 at $588,000,000.
PROGRAM ACCOUNT Amounts paid from ‘‘United States International De- velopment Finance Corporation—Corporate Capital Ac- count’’ (CCA) shall remain available until September 30, 2025: Provided, That amounts paid to this account from CCA or transferred to this account pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254) shall be available for the costs of direct and guaranteed loans provided by the Corporation pursu- ant to section 1421(b) of such Act and the costs of modi- fying loans and loan guarantees transferred to the Cor- poration pursuant to section 1463 of such Act: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1343 gressional Budget Act of 1974: Provided further, That such amounts obligated in a fiscal year shall remain avail- able for disbursement for the following 8 fiscal years: Pro- vided further, That funds made available in this Act and transferred to carry out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD Act of 2018 may remain available for obligation for 1 additional fiscal year: Provided further, That the total loan principal or guaranteed principal amount shall not exceed 10 $8,000,000,000.
TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $87,000,000, to remain available until September 30, 2024, of which no more than $21,000,000 may be used for administrative expenses: Provided, That of the funds appropriated under this heading, not more than $5,000 may be available for representation and entertainment ex- 19 penses.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1344 TITLE VII GENERAL PROVISIONS ALLOWANCES AND DIFFERENTIALS SEC.

7001.
7001.

Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as author- ized by section 3109 of such title and for hire of passenger transportation pursuant to section 1343(b) of title 31, United States Code.

11 UNOBLIGATED BALANCES REPORT SEC.

7002.
Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unex- pended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2023 or any pre- vious fiscal year, disaggregated by fiscal year: Provided, That the report required by this section shall be submitted not later than 30 days after the end of each fiscal quarter and should specify by account the amount of funds obli- gated pursuant to bilateral agreements which have not 25 been further sub-obligated.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1345 CONSULTING SERVICES SEC.

7003.


The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise pro- vided under existing law, or under existing Executive order issued pursuant to existing law.

DIPLOMATIC FACILITIES SEC.

7004.


(a) CAPITAL SECURITY COST SHARING EXCEPTION.—Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy Construction and Counter- terrorism Act of 1999 (title VI of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act), as amended by section 111 of the Department of State Au- thorities Act, Fiscal Year 2017 (Public Law 114–323), a project to construct a facility of the United States may include office space or other accommodations for members of the United States Marine Corps.
(b) CONSULTATION AND NOTIFICATION.—Funds ap- propriated by this Act and prior Acts making appropria- tions for the Department of State, foreign operations, and related programs, which may be made available for the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1346 acquisition of property or award of construction contracts for overseas United States diplomatic facilities during fis- cal year 2023, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, That notifications pursuant to this subsection shall include the information enumer- ated under the heading ‘‘Embassy Security, Construction, and Maintenance’’ in House Report 117–401.
(c) INTERIM AND TEMPORARY FACILITIES 10 ABROAD.— (1) SECURITY VULNERABILITIES.—Funds ap- propriated by this Act under the heading ‘‘Embassy Security, Construction, and Maintenance’’ may be made available, following consultation with the ap- propriate congressional committees, to address secu- rity vulnerabilities at interim and temporary United States diplomatic facilities abroad, including physical security upgrades and local guard staffing.
(2) CONSULTATION.—Notwithstanding any other provision of law, the opening, closure, or any significant modification to an interim or temporary United States diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1347 such consultation and notification may be waived if there is a security risk to personnel.

(d) SOFT TARGETS.—Funds appropriated by this Act under the heading ‘‘Embassy Security, Construction, and Maintenance’’ may be made available for security up- grades to soft targets, including schools, recreational fa- cilities, and residences used by United States diplomatic personnel and their dependents.

PERSONNEL ACTIONS SEC.

7005.
Any costs incurred by a department or agency funded under title I of this Act resulting from per- sonnel actions taken in response to funding reductions in- cluded in this Act shall be absorbed within the total budg- etary resources available under title I to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA SEC.

7006.

No part of any appropriation contained in this Act shall be used for publicity or propaganda pur- poses within the United States not authorized before en- actment of this Act by Congress: Provided, That up to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1348 $25,000 may be made available to carry out the provisions of section 316 of the International Security and Develop- ment Cooperation Act of 1980 (Public Law 96–533; 22 U.S.C.

2151a note).

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES SEC.

7007.
7007.

None of the funds appropriated or other- wise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.

COUPS D’E´TAT SEC.

7008.
(a) PROHIBITION.—None of the funds ap- propriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d’e´tat or decree or, after the date of en- actment of this Act, a coup d’e´tat or decree in which the military plays a decisive role: Provided, That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congres- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1349 sional committees that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elec- tions or public participation in democratic processes, or to support a democratic transition: Provided further, That funds made available pursuant to the previous provisos shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropria- 10 tions.
(b) WAIVER.—The Secretary of State, following con- sultation with the heads of relevant Federal agencies, may waive the restriction in this section on a program-by-pro- gram basis if the Secretary certifies and reports to the Committees on Appropriations that such waiver is in the national security interest of the United States: Provided, That funds made available pursuant to such waiver shall be subject to prior consultation with, and the regular noti- fication procedures of, the Committees on Appropriations.
TRANSFER OF FUNDS AUTHORITY SEC.

7009.

(a) DEPARTMENT OF STATE AND UNITED STATES AGENCY FOR GLOBAL MEDIA.— (1) DEPARTMENT OF STATE.— (A) IN GENERAL.—Not to exceed 5 percent of any appropriation made available for the cur- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1350 rent fiscal year for the Department of State under title I of this Act may be transferred be- tween, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the ap- propriation under the heading ‘‘Representation Expenses’’.
(B) EMBASSY SECURITY.—Funds appro- priated under the headings ‘‘Diplomatic Pro- grams’’, including for Worldwide Security Pro- tection, ‘‘Embassy Security, Construction, and Maintenance’’, and ‘‘Emergencies in the Diplo- matic and Consular Service’’ in this Act may be transferred to, and merged with, funds appro- priated under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, for emergency evacuations, or to prevent or re- spond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1351 mittees: Provided, That such transfer authority is in addition to any transfer authority other- wise available in this Act and under any other provision of law.
(2) UNITED STATES AGENCY FOR GLOBAL MEDIA.—Not to exceed 5 percent of any appropria- tion made available for the current fiscal year for the United States Agency for Global Media under title I of this Act may be transferred between, and merged with, such appropriations, but no such ap- propriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers.
(3) TREATMENT AS REPROGRAMMING.—Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the proce- dures set forth in that section.
(b) LIMITATION ON TRANSFERS OF FUNDS BE- TWEEN AGENCIES.— 22 23 24 25 (1) IN GENERAL.—None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instru- mentality of the United States Government, except December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1352 pursuant to a transfer made by, or transfer author- ity provided in, this Act or any other appropriations Act.
(2) ALLOCATION AND TRANSFERS.—Notwith- standing paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allo- cated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254).
(3) NOTIFICATION.—Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and re- lated programs under the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1353 Support Fund’’, and ‘‘Assistance for Europe, Eur- asia and Central Asia’’ shall be subject to the reg- ular notification procedures of the Committees on Appropriations: Provided, That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State.
(c) UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE CORPORATION.— (1) TRANSFERS.—Amounts transferred pursu- ant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254) may only be transferred from funds made available under title III of this Act: Provided, That any such transfers, and any amounts transferred to the United States Inter- national Development Finance Corporation (the Cor- poration) pursuant to section 632 of the Foreign As- sistance Act of 1961, shall be subject to prior con- sultation with, and the regular notification proce- dures of, the Committees on Appropriations: Pro- vided further, That the Secretary of State, the Ad- ministrator of the United States Agency for Inter- national Development, and the Chief Executive Offi- cer of the Corporation, as appropriate, shall ensure that the programs funded by such transfers are co- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1354 ordinated with, and complement, foreign assistance programs implemented by the Department of State and USAID: Provided further, That no funds trans- ferred pursuant to section 1434(j) of the BUILD Act of 2018 may be used by the Corporation to post personnel abroad.
(2) TRANSFER OF FUNDS FROM MILLENNIUM CHALLENGE CORPORATION.—Funds appropriated under the heading ‘‘Millennium Challenge Corpora- tion’’ in this Act or prior Acts making appropria- tions for the Department of State, foreign oper- ations, and related programs may be transferred to accounts under the heading ‘‘United States Inter- national Development Finance Corporation’’ and, when so transferred, may be used for the costs of activities described in subsections (b) and (c) of sec- tion 1421 of the BUILD Act of 2018: Provided, That such funds shall be subject to the limitations provided in the second, third, and fifth provisos under the heading ‘‘United States International De- velopment Finance Corporation—Program Account’’ in this Act: Provided further, That any transfer exe- cuted pursuant to the transfer authority provided in this paragraph shall not exceed 10 percent of an in- dividual Compact awarded pursuant to section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1355 609(a) of the Millennium Challenge Act of 2003 (title VI of Public Law 108–199): Provided further, That such funds shall not be available for adminis- trative expenses of the United States International Development Finance Corporation: Provided further, That such authority shall be subject to prior con- sultation with, and the regular notification proce- dures of, the Committees on Appropriations: Pro- vided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further, That within 60 days of the termination in whole or in part of the Compact from which funds were transferred under this authority to the United States Inter- national Development Finance Corporation, any un- obligated balances shall be transferred back to the Millennium Challenge Corporation, subject to the regular notification procedures of the Committees on Appropriations.
(d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.— None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1356 of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appro- priations.
(e) AUDIT OF INTER-AGENCY TRANSFERS OF FUNDS.—Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making ap- propriations for the Department of State, foreign oper- ations, and related programs entered into between the De- partment of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961, or any com- parable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the trans- fer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such au- dits: Provided, That such audits shall be transmitted to the Committees on Appropriations by the Department of State or USAID, as appropriate: Provided further, That funds transferred under such authority may be made available for the cost of such audits.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1357 PROHIBITION AND LIMITATION ON CERTAIN EXPENSES SEC.

7010.
7010.

(a) FIRST-CLASS TRAVEL.—None of the funds made available by this Act may be used for first- class travel by employees of United States Government de- partments and agencies funded by this Act in contraven- tion of section 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
(b) COMPUTER NETWORKS.—None of the funds made available by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain a computer network for use by such department or agency unless such network has filters designed to block access to sexually explicit websites: Provided, That nothing in this subsection shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency, or any other enti- ty carrying out the following activities: criminal investiga- tions, prosecutions, and adjudications; administrative dis- cipline; and the monitoring of such websites undertaken 20 as part of official business.
(c) PROHIBITION ON PROMOTION OF TOBACCO.— None of the funds made available by this Act shall be available to promote the sale or export of tobacco or to- bacco products (including electronic nicotine delivery sys- tems), or to seek the reduction or removal by any foreign December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1358 country of restrictions on the marketing of tobacco or to- bacco products (including electronic nicotine delivery sys- tems), except for restrictions which are not applied equally to all tobacco or tobacco products (including electronic nic- otine delivery systems) of the same type.
(d) EMAIL SERVERS OUTSIDE THE .GOV DOMAIN.— None of the funds appropriated by this Act under the headings ‘‘Diplomatic Programs’’ and ‘‘Capital Invest- ment Fund’’ in title I, and ‘‘Operating Expenses’’ and ‘‘Capital Investment Fund’’ in title II that are made avail- able to the Department of State and the United States Agency for International Development may be made avail- able to support the use or establishment of email accounts or email servers created outside the .gov domain or not fitted for automated records management as part of a Federal government records management program in con- travention of the Presidential and Federal Records Act Amendments of 2014 (Public Law 113–187).
(e) REPRESENTATION AND ENTERTAINMENT EX- PENSES.—Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that do- mestic and overseas representation and entertainment ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1359 penses further official agency business and United States foreign policy interests, and— (1) are primarily for fostering relations outside of the Executive Branch; (2) are principally for meals and events of a protocol nature; (3) are not for employee-only events; and (4) do not include activities that are substan- tially of a recreational character.
(f) LIMITATIONS ON ENTERTAINMENT EXPENSES.— None of the funds appropriated or otherwise made avail- able by this Act under the headings ‘‘International Mili- tary Education and Training’’ or ‘‘Foreign Military Fi- nancing Program’’ for Informational Program activities or under the headings ‘‘Global Health Programs’’, ‘‘Develop- ment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘As- sistance for Europe, Eurasia and Central Asia’’ may be obligated or expended to pay for— (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, includ- ing entrance fees at sporting events, theatrical and musical productions, and amusement parks.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1360 AVAILABILITY OF FUNDS SEC.

7011.


No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act: Provided, That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act (22 U.S.C.
2763), and funds made available for ‘‘United States International Development Finance Corporation’’ and under the heading ‘‘Assistance for Eu- rope, Eurasia and Central Asia’’ shall remain available for an additional 4 years from the date on which the avail- ability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any other provi- sion of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or ob- ligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall re- main available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1361 before the expiration of their respective periods of avail- ability contained in this Act: Provided further, That the Secretary of State and the Administrator of the United States Agency for International Development shall provide a report to the Committees on Appropriations not later than October 31, 2023, detailing by account and source year, the use of this authority during the previous fiscal year.

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT SEC.

7012.
No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President de- termines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest of the United States.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE SEC.

7013.

(a) PROHIBITION ON TAXATION.—None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1362 a foreign country under a new bilateral agreement gov- erning the terms and conditions under which such assist- ance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the United States Agency for Inter- national Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as nec- essary, to conform with this requirement.
(b) NOTIFICATION AND REIMBURSEMENT OF FOR- EIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2023 on funds appropriated by this Act and prior Acts making appropria- tions for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2024 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2024, such taxes have 24 not been reimbursed.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1363 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each foreign government or entity pur- suant to subsection (b) shall be reprogrammed for assist- ance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner.
(e) DETERMINATIONS.— (1) IN GENERAL.—The provisions of this sec- tion shall not apply to any foreign government or en- tity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations that— (A) such foreign government or entity has an effective arrangement that is providing sub- stantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this sec- tion to ensure that United States assistance is not subject to taxation.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1364 (2) CONSULTATION.—The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign govern- ment or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue and update rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the tax- ation of assistance contained in this section.
(g) DEFINITIONS.—As used in this section: (1) BILATERAL AGREEMENT.—The term ‘‘bilat- eral agreement’’ refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immuni- ties applicable to United States foreign assistance for such country generally, or an individual agree- ment between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement.
(2) TAXES AND TAXATION.—The term ‘‘taxes and taxation’’ shall include value added taxes and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1365 customs duties but shall not include individual in- come taxes assessed to local staff.

RESERVATIONS OF FUNDS SEC.

7014.
(a) REPROGRAMMING.—Funds appro- priated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made im- possible by operation of any provision of this or any other Act: Provided, That any such reprogramming shall be sub- ject to the regular notification procedures of the Commit- tees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided.
(b) EXTENSION OF AVAILABILITY.—In addition to the authority contained in subsection (a), the original pe- riod of availability of funds appropriated by this Act and administered by the Department of State or the United States Agency for International Development that are spe- cifically designated for particular programs or activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Admin- istrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1366 of assistance to a country or a significant change in cir- cumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation.
(c) OTHER ACTS.—Ceilings and specifically des- ignated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or other- wise made available by any subsequent Act unless such Act specifically so directs: Provided, That specifically des- ignated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds 14 appropriated by this Act.

15 NOTIFICATION REQUIREMENTS SEC.

7015.
(a) NOTIFICATION OF CHANGES IN PRO- GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds made available in titles I, II, and VI, and under the head- ings ‘‘Peace Corps’’ and ‘‘Millennium Challenge Corpora- tion’’, of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1367 currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to— (1) create new programs; (2) suspend or eliminate a program, project, or activity; (3) close, suspend, open, or reopen a mission or post; (4) create, close, reorganize, downsize, or re- name bureaus, centers, or offices; or (5) contract out or privatize any functions or activities presently performed by Federal employees; unless previously justified to the Committees on Appro- priations or such Committees are notified 15 days in ad- vance of such obligation.
(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the funds provided under titles I, II, and VI of this Act or prior Acts making appropriations for the Department of State, foreign operations, and re- lated programs, to the departments and agencies funded under such titles that remain available for obligation in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1368 or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— (1) augments or changes existing programs, projects, or activities; (2) relocates an existing office or employees; (3) reduces by 10 percent funding for any exist- ing program, project, or activity, or numbers of per- sonnel by 10 percent as approved by Congress; or (4) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.
(c) NOTIFICATION REQUIREMENT.—None of the funds made available by this Act under the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assist- ance for Europe, Eurasia and Central Asia’’, ‘‘Peace Corps’’, ‘‘Millennium Challenge Corporation’’, ‘‘Inter- national Narcotics Control and Law Enforcement’’, ‘‘Non- proliferation, Anti-terrorism, Demining and Related Pro- grams’’, ‘‘Peacekeeping Operations’’, ‘‘International Mili- tary Education and Training’’, ‘‘Foreign Military Financ- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1369 ing Program’’, ‘‘International Organizations and Pro- grams’’, ‘‘United States International Development Fi- nance Corporation’’, and ‘‘Trade and Development Agen- cy’’ shall be available for obligation for programs, projects, activities, type of materiel assistance, countries, or other operations not justified or in excess of the amount justi- fied to the Committees on Appropriations for obligation under any of these specific headings unless the Commit- tees on Appropriations are notified 15 days in advance of such obligation: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Commit- tees on Appropriations are notified 15 days in advance of such commitment: Provided further, That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for a pro- gram, project, or activity for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to Congress for obligation for such program, project, or activity for the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1370 current fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on the date of transmittal of such notification) on the use of notwithstanding author- ity.
(d) DEPARTMENT OF DEFENSE PROGRAMS AND FUNDING NOTIFICATIONS.— (1) PROGRAMS.—None of the funds appro- priated by this Act or prior Acts making appropria- tions for the Department of State, foreign oper- ations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense and in accordance with the regular notification pro- cedures of the Committees on Appropriations, sub- mits a justification to such Committees that includes a description of, and the estimated costs associated with, the support or continuation of such program.
(2) FUNDING.—Notwithstanding any other pro- vision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1371 for assistance for foreign countries and international organizations shall be subject to the regular notifica- tion procedures of the Committees on Appropria- tions.
(3) NOTIFICATION ON EXCESS DEFENSE ARTI- CLES.—Prior to providing excess Department of De- fense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appro- priations to the same extent and under the same conditions as other committees pursuant to sub- section (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appro- priations in accordance with the regular notification procedures of such Committees if such defense arti- cles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further, That such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1372 Committees shall also be informed of the original ac- quisition cost of such defense articles.
(e) WAIVER.—The requirements of this section or any similar provision of this Act or any other Act, includ- ing any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Pro- vided, That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after tak- ing the action to which such notification requirement was applicable, in the context of the circumstances necessi- tating such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an expla- nation of the emergency circumstances.
(f) COUNTRY NOTIFICATION REQUIREMENTS.—None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nica- ragua, Pakistan, Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Venezuela, Yemen, and Zimbabwe except as pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1373 vided through the regular notification procedures of the Committees on Appropriations.
(g) TRUST FUNDS.—Funds appropriated or other- wise made available in title III of this Act and prior Acts making funds available for the Department of State, for- eign operations, and related programs that are made avail- able for a trust fund held by an international financial institution shall be subject to the regular notification pro- cedures of the Committees on Appropriations, and such notification shall include the information specified under this section in House Report 117–401.
(h) OTHER PROGRAM NOTIFICATION REQUIRE- 13 MENT.— (1) DIPLOMATIC PROGRAMS.—Funds appro- priated under title I of this Act under the heading ‘‘Diplomatic Programs’’ that are made available for lateral entry into the Foreign Service shall be sub- ject to prior consultation with, and the regular noti- fication procedures of, the Committees on Appro- priations.
(2) OTHER PROGRAMS.—Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the reg- ular notification procedures of the Committees on Appropriations: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1374 (A) the Global Engagement Center; (B) the Power Africa and Prosper Africa initiatives; (C) community-based police assistance con- ducted pursuant to the authority of section 7035(a)(1) of this Act; (D) the Prevention and Stabilization Fund and the Multi-Donor Global Fragility Fund; (E) the Indo-Pacific Strategy; (F) the Countering PRC Influence Fund and the Countering Russian Influence Fund; (G) the Gender Equity and Equality Ac- tion Fund; and (H) funds specifically allocated for the Partnership for Global Infrastructure and In- vestment.
(3) DEMOCRACY PROGRAM POLICY AND PROCE- DURES.—Modifications to democracy program policy and procedures, including relating to the use of con- sortia, by the Department of State and USAID shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Ap- propriations.
(4) ARMS SALES.—The reports, notifications, and certifications, and any other documents, re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1375 quired to be submitted pursuant to section 36(a) of the Arms Export Control Act (22 U.S.C.
2776), and such documents submitted pursuant to section 36(b) through (d) of such Act with respect to countries that have received assistance provided with funds appropriated by this Act or prior Acts making ap- propriations for the Department of State, foreign operations, and related programs, shall be concur- rently submitted to the Committees on Appropria- tions and shall include information about the source of funds for any sale or transfer, as applicable, if known at the time of submission.
(i) WITHHOLDING OF FUNDS.—Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of ap- plication of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notifica- tion procedures of the Committees on Appropriations.
(j) PRIOR CONSULTATION REQUIREMENT.—The Sec- retary of State, the Administrator of the United States Agency for International Development, the Chief Execu- tive Officer of the United States International Develop- ment Finance Corporation, and the Chief Executive Offi- cer of the Millennium Challenge Corporation shall consult with the Committees on Appropriations at least 7 days December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1376 prior to informing a government of, or publicly announc- ing a decision on, the suspension or early termination of assistance to a country or a territory, including as a result of an interagency review of such assistance, from funds appropriated by this Act or prior Acts making appropria- tions for the Department of State, foreign operations, and related programs: Provided, That such consultation shall include a detailed justification for such suspension, includ- ing a description of the assistance being suspended.
DOCUMENTS, REPORT POSTING, RECORDS MANAGEMENT, AND RELATED CYBERSECURITY PROTECTIONS SEC.

7016.

(a) DOCUMENT REQUESTS.—None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a non- governmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Department of State and the United States Agency for International Development.
(b) PUBLIC POSTING OF REPORTS.— (1) Except as provided in paragraphs (2) and (3), any report required by this Act to be submitted to Congress by any Federal agency receiving funds made available by this Act shall be posted on the public Web site of such agency not later than 45 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1377 days following the receipt of such report by Con- gress.
(2) Paragraph (1) shall not apply to a report if— (A) the public posting of the report would compromise national security, including the conduct of diplomacy; (B) the report contains proprietary or other privileged information; or (C) the public posting of the report is spe- cifically exempted in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only after the report has been made available to the Committees on Appropriations.
(c) RECORDS MANAGEMENT AND RELATED CYBER- SECURITY PROTECTIONS.—The Secretary of State and USAID Administrator shall— (1) regularly review and update the policies, di- rectives, and oversight necessary to comply with Federal statutes, regulations, and presidential execu- tive orders and memoranda concerning the preserva- tion of all records made or received in the conduct December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1378 of official business, including record emails, instant messaging, and other online tools; (2) use funds appropriated by this Act under the headings ‘‘Diplomatic Programs’’ and ‘‘Capital Investment Fund’’ in title I, and ‘‘Operating Ex- penses’’ and ‘‘Capital Investment Fund’’ in title II, as appropriate, to improve Federal records manage- ment pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other ap- plicable Federal records management statutes, regu- lations, or policies for the Department of State and USAID; (3) direct departing employees, including senior officials, that all Federal records generated by such employees belong to the Federal Government; (4) substantially reduce, compared to the pre- vious fiscal year, the response time for identifying and retrieving Federal records, including requests made pursuant to section 552 of title 5, United States Code (commonly known as the ‘‘Freedom of Information Act’’); and (5) strengthen cybersecurity measures to miti- gate vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain, improve the process to identify and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1379 remove inactive user accounts, update and enforce guidance related to the control of national security information, and implement the recommendations of the applicable reports of the cognizant Office of In- spector General.

USE OF FUNDS IN CONTRAVENTION OF THIS ACT SEC.

7017.
7017.

If the President makes a determination not to comply with any provision of this Act on constitu- tional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program or policy.

14 PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION SEC.

7018.
7018.

None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abor- tions as a method of family planning or to motivate or coerce any person to practice abortions.
None of the funds made available to carry out part I of the Foreign Assist- ance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations.

None of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1380 the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary steri- 12 lizations.

13 ALLOCATIONS AND REPORTS SEC.

7019.
(a) ALLOCATION TABLES.—Subject to subsection (b), funds appropriated by this Act under titles III through V shall be made available in the amounts spe- cifically designated in the respective tables included in the explanatory statement described in section 4 (in the mat- ter preceding division A of this consolidated Act): Pro- vided, That such designated amounts for foreign countries and international organizations shall serve as the amounts for such countries and international organizations trans- mitted to Congress in the report required by section 653(a) of the Foreign Assistance Act of 1961, and shall be made available for such foreign countries and inter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1381 national organizations notwithstanding the date of the transmission of such report.
(b) AUTHORIZED DEVIATIONS.—Unless otherwise provided for by this Act, the Secretary of State and the Administrator of the United States Agency for Inter- national Development, as applicable, may only deviate up to 10 percent from the amounts specifically designated in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That such percent- age may be exceeded only if the Secretary of State or USAID Administrator, as applicable, determines and re- ports in writing to the Committees on Appropriations on a case-by-case basis that such deviation is necessary to respond to significant, exigent, or unforeseen events, or to address other exceptional circumstances directly related to the national security interest of the United States, in- cluding a description of such events or circumstances: Pro- vided further, That deviations pursuant to the preceding proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Ap- 22 propriations.
23 24 25 (c) LIMITATION.—For specifically designated amounts that are included, pursuant to subsection (a), in the report required by section 653(a) of the Foreign As- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1382 sistance Act of 1961, deviations authorized by subsection (b) may only take place after submission of such report.
(d) EXCEPTIONS.— (1) Subsections (a) and (b) shall not apply to— (A) amounts designated for ‘‘International Military Education and Training’’ in the re- spective tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); (B) funds for which the initial period of availability has expired; and (C) amounts designated by this Act as minimum funding requirements.
(2) The authority of subsection (b) to deviate from amounts designated in the respective tables in- cluded in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consolidated Act) shall not apply to the table in- cluded under the heading ‘‘Global Health Programs’’ in such statement.
(3) With respect to the amounts designated for ‘‘Global Programs’’ in the table under the heading ‘‘Economic Support Fund’’ included in the explana- tory statement described in section 4 (in the matter preceding division A of this consolidated Act), the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1383 matter preceding the first proviso in subsection (b) of this section shall be applied by substituting ‘‘5 percent’’ for ‘‘10 percent’’, and the provisos in such subsection (b) shall not apply.
(e) REPORTS.—The Secretary of State, USAID Ad- ministrator, and other designated officials, as appropriate, shall submit the reports required, in the manner described, in House Report 117–401 and the explanatory statement described in section 4 (in the matter preceding division 10 A of this consolidated Act), unless otherwise directed in 11 such explanatory statement.
(f) CLARIFICATION.—Funds appropriated by this Act under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ shall not be in- cluded for purposes of meeting amounts designated for countries in this Act, unless such headings are specifically designated as the source of funds.

MULTI-YEAR PLEDGES SEC.

7020.


None of the funds appropriated or other- wise made available by this Act may be used to make any pledge for future year funding for any multilateral or bi- lateral program funded in titles III through VI of this Act unless such pledge was: (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1384 for the Department of State, foreign operations, and re- lated programs or previously authorized by an Act of Con- gress; (3) notified in accordance with the regular notifica- tion procedures of the Committees on Appropriations, in- cluding the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropria- tions and such consultation was conducted at least 7 days in advance of the pledge.
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM SEC.

7021.
7021.

(a) LETHAL MILITARY EQUIPMENT EX- 12 PORTS.— (1) PROHIBITION.—None of the funds appro- priated or otherwise made available under titles III through VI of this Act may be made available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports inter- national terrorism for purposes of section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)): Provided, That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided further, That this section applies with respect to lethal mili- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1385 tary equipment provided under a contract entered into after October 1, 1997.
(2) DETERMINATION.—Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interest of the United States.
(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the Presi- dent shall submit to the Committees on Appropria- tions a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers the United States na- tional interest.
(b) BILATERAL ASSISTANCE.— (1) LIMITATIONS.—Funds appropriated for bi- lateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign govern- ment which the President determines— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1386 (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international ter- rorism; or (C) is controlled by an organization des- ignated as a terrorist organization under sec- tion 219 of the Immigration and Nationality Act (8 U.S.C.

1189).
(2) WAIVER.—The President may waive the ap- plication of paragraph (1) to a government if the President determines that national security or hu- manitarian reasons justify such waiver: Provided, That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justifica- tion for the waiver) in accordance with the regular notification procedures of the Committees on Appro- priations.
AUTHORIZATION REQUIREMENTS SEC.

7022.

Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Devel- opment Agency’’, may be obligated and expended notwith- standing section 10 of Public Law 91–672 (22 U.S.C.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1387 2412), section 15 of the State Department Basic Authori- ties Act of 1956 (22 U.S.C.

2680), section 313 of the For- eign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

6212), and section 504(a)(1) of the Na- tional Security Act of 1947 (50 U.S.C.

3094(a)(1)).

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY SEC.

7023.
For the purpose of titles II through VI of this Act, ‘‘program, project, and activity’’ shall be de- fined at the appropriations Act account level and shall in- clude all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the ‘‘Economic Support Fund’’, ‘‘Assistance for Eu- rope, Eurasia and Central Asia’’, and ‘‘Foreign Military Financing Program’’ accounts, ‘‘program, project, and ac- tivity’’ shall also be considered to include country, re- gional, and central program level funding within each such account, and for the development assistance accounts of the United States Agency for International Development, ‘‘program, project, and activity’’ shall also be considered to include central, country, regional, and program level 21 funding, either as— 22 23 24 (1) justified to Congress; or (2) allocated by the Executive Branch in ac- cordance with the report required by section 653(a) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1388 of the Foreign Assistance Act of 1961 or as modi- fied pursuant to section 7019 of this Act.

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION, AND UNITED STATES AFRICAN DEVEL- OPMENT FOUNDATION SEC.

7024.
Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropria- tions for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activi- ties authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act: Provided, That prior to con- ducting activities in a country for which assistance is pro- hibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 17 days of taking such action.
COMMERCE, TRADE AND SURPLUS COMMODITIES SEC.

7025.
7025.

(a) WORLD MARKETS.—None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Im- port Bank and the United States International Develop- ment Finance Corporation shall be obligated or expended to finance any loan, any assistance, or any other financial December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1389 commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive ca- pacity is expected to become operative and if the assist- ance will cause substantial injury to United States pro- ducers of the same, similar, or competing commodity: Pro- vided, That such prohibition shall not apply to the Export- Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection 15 shall not prohibit— (1) activities in a country that is eligible for as- sistance from the International Development Asso- ciation, is not eligible for assistance from the Inter- national Bank for Reconstruction and Development, and does not export on a consistent basis the agri- cultural commodity with respect to which assistance is furnished; or (2) activities in a country the President deter- mines is recovering from widespread conflict, a hu- manitarian crisis, or a complex emergency.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1390 (b) EXPORTS.—None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety im- provement or introduction, consultancy, publication, con- ference, or training in connection with the growth or pro- duction in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit— (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricul- tural commodities of the United States; (2) research activities intended primarily to benefit United States producers; (3) activities in a country that is eligible for as- sistance from the International Development Asso- ciation, is not eligible for assistance from the Inter- national Bank for Reconstruction and Development, and does not export on a consistent basis the agri- cultural commodity with respect to which assistance is furnished; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1391 (4) activities in a country the President deter- mines is recovering from widespread conflict, a hu- manitarian crisis, or a complex emergency.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS.— The Secretary of the Treasury shall instruct the United States executive director of each international financial in- stitution to use the voice and vote of the United States to oppose any assistance by such institution, using funds appropriated or otherwise made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.
SEPARATE ACCOUNTS SEC.

7026.
7026.

(a) SEPARATE ACCOUNTS FOR LOCAL 16 CURRENCIES.— (1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1392 (A) require that local currencies be depos- ited in a separate account established by that government; (B) enter into an agreement with that gov- ernment which sets forth— (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that gov- ernment the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate ac- count.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with the foreign government, local cur- rencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local cur- rencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assist- ance Act of 1961 (as the case may be), for such purposes as— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1393 (i) project and sector assistance activi- ties; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government.

(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PRO- GRAMS.—Upon termination of assistance to a coun- try under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account estab- lished pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the gov- ernment of that country and the United States Gov- ernment.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— (1) IN GENERAL.—If assistance is made avail- able to the government of a foreign country, under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1394 chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds may be obligated and expended notwithstanding provisions of law which are incon- sistent with the nature of this assistance, including provisions which are referenced in the Joint Explan- atory Statement of the Committee of Conference ac- companying House Joint Resolution 648 (House Re- port No.

98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating any such cash transfer or nonproject sec- tor assistance, the President shall submit a notifica- tion through the regular notification procedures of the Committees on Appropriations, which shall in- clude a detailed description of how the funds pro- posed to be made available will be used, with a dis- cussion of the United States interests that will be served by such assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1395 (4) EXEMPTION.—Nonproject sector assistance funds may be exempt from the requirements of para- graph (1) only through the regular notification pro- cedures of the Committees on Appropriations.

ELIGIBILITY FOR ASSISTANCE SEC.

7027.
(a) ASSISTANCE THROUGH NONGOVERN- MENTAL ORGANIZATIONS.—Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading ‘‘Assistance for Eu- rope, Eurasia and Central Asia’’: Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropria- tions pursuant to the regular notification procedures, in- cluding a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any existing statu- tory prohibitions against abortion or involuntary steriliza- tions contained in this or any other Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1396 (b) PUBLIC LAW 480.—During fiscal year 2023, re- strictions contained in this or any other Act with respect to assistance for a country shall not be construed to re- strict assistance under the Food for Peace Act (Public Law 83–480; 7 U.S.C.

1721 et seq.
1721 et seq.

): Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the reg- ular notification procedures of the Committees on Appro- 10 priations.
(c) EXCEPTION.—This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that sup- port international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights.
DISABILITY PROGRAMS SEC.

7028.

(a) ASSISTANCE.—Funds appropriated by this Act under the heading ‘‘Development Assistance’’ shall be made available for programs and activities admin- istered by the United States Agency for International De- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1397 velopment to address the needs and protect and promote the rights of people with disabilities in developing coun- tries, including initiatives that focus on independent living, economic self-sufficiency, advocacy, education, employ- ment, transportation, sports, political and electoral par- ticipation, and integration of individuals with disabilities, including for the cost of translation: Provided, That funds shall be made available to support disability rights advo- cacy organizations in developing countries.
(b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUPPORT.—Of the funds made available pursuant to this section, 5 percent may be used by USAID for manage- ment, oversight, and technical support.

INTERNATIONAL FINANCIAL INSTITUTIONS SEC.

7029.
(a) EVALUATIONS.—The Secretary of the Treasury shall instruct the United States executive direc- tor of each international financial institution to use the voice of the United States to encourage such institution to adopt and implement a publicly available policy, includ- ing the strategic use of peer reviews and external experts, to conduct independent, in-depth evaluations of the effec- tiveness of at least 35 percent of all loans, grants, pro- grams, and significant analytical non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with rel- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1398 evant safeguards, to ensure that decisions to support such loans, grants, programs, and activities are based on accu- rate data and objective analysis.
(b) SAFEGUARDS.— (1) STANDARD.—The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development As- sociation to use the voice and vote of the United States to oppose any loan, grant, policy, or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015.
(2) ACCOUNTABILITY, STANDARDS, AND BEST PRACTICES.—The Secretary of the Treasury shall in- struct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose loans or other financing for projects unless such projects— (A) provide for accountability and trans- parency, including the collection, verification, and publication of beneficial ownership informa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1399 tion related to extractive industries and on-site monitoring during the life of the project; (B) will be developed and carried out in ac- cordance with best practices regarding environ- mental conservation, cultural protection, and empowerment of local populations, including free, prior and informed consent of affected In- digenous communities; (C) do not provide incentives for, or facili- tate, forced displacement or other violations of human rights; and (D) do not partner with or otherwise in- volve enterprises owned or controlled by the armed forces.
(c) COMPENSATION.—None of the funds appro- priated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is com- pensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States execu- tive director to such institution is compensated by the in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1400 stitution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
(d) HUMAN RIGHTS.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to promote human rights due dili- gence and risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution in accordance with the requirements specified under this section in House Report 117–401.
(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury shall instruct the United States executive direc- tor of each international financial institution to use the voice of the United States to include in loan, grant, and other financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption.
(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institu- tion to use the voice of the United States to encourage such institution to collect, verify, and publish, to the max- imum extent practicable, beneficial ownership information December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1401 (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed com- pany, that receives funds from any such financial institu- tion.
(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institu- tion to effectively implement and enforce policies and pro- cedures which meet or exceed best practices in the United States for the protection of whistleblowers from retalia- tion, including— (1) protection against retaliation for internal and lawful public disclosure; (2) legal burdens of proof; (3) statutes of limitation for reporting retalia- tion; (4) access to binding independent adjudicative bodies, including shared cost and selection external arbitration; and (5) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment.
(h) GRIEVANCE MECHANISMS AND PROCEDURES.— The Secretary of the Treasury shall instruct the United December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1402 States executive director of each international financial in- stitution to use the voice and vote of the United States to support independent investigative and adjudicative mechanisms and procedures that meet or exceed best prac- tices in the United States to provide due process and fair compensation, including the right to reinstatement, for employees who are subjected to harassment, discrimina- tion, retaliation, false allegations, or other misconduct.
(i) CAPITAL INCREASES.—None of the funds appro- priated by this Act may be made available to support a new capital increase for an international financial institu- tion unless the President submits a budget request for such increase to Congress and determines and reports to the Committees on Appropriations that— (1) the institution has completed a thorough analysis of the development challenges facing the rel- evant geographical region, the role of the institution in addressing such challenges and its role relative to other financing partners, and the steps to be taken to enhance the efficiency and effectiveness of the in- stitution; and (2) the governors of such institution have ap- proved the capital increase.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1403 TECHNOLOGY SECURITY SEC.

7030.
(a) INSECURE COMMUNICATIONS NET- WORKS.—Funds appropriated by this Act shall be made available for programs, including through the Digital Connectivity and Cybersecurity Partnership, to— (1) advance the adoption of secure, next-genera- tion communications networks and services, includ- ing 5G, and cybersecurity policies, in countries re- ceiving assistance under this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs; (2) counter the establishment of insecure com- munications networks and services, including 5G, promoted by the People’s Republic of China and other state-backed enterprises that are subject to undue or extrajudicial control by their country of or- igin; and (3) provide policy and technical training on de- ploying open, interoperable, reliable, and secure net- works to information communication technology pro- fessionals in countries receiving assistance under this Act, as appropriate: Provided, That such funds, including funds appropriated under the heading ‘‘Economic Support Fund’’, may be used to strengthen civilian cybersecurity and information December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1404 and communications technology capacity, including par- ticipation of foreign law enforcement and military per- sonnel in non-military activities, notwithstanding any other provision of law and following consultation with the Committees on Appropriations.
(b) CHIPS FOR AMERICA INTERNATIONAL TECH- NOLOGY SECURITY AND INNOVATION FUND.— (1) Within 45 days of enactment of this Act, the Secretary of State shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund for fiscal year 2023 pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the ac- counts specified and in the amounts specified, in the table titled ‘‘CHIPS for America International Tech- nology Security and Innovation Fund’’ in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(2) Neither the President nor his designee may allocate any amounts that are made available for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1405 any fiscal year under section 102(c)(2) of the CHIPS Act of 2022 if there is in effect an Act mak- ing or continuing appropriations for part of a fiscal year for the Department of State, Foreign Oper- ations, and Related Programs: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allot- ment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS for America International Technology Secu- rity and Innovation Fund, which may be allocated pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 only in amounts that are no more than the allocation for such purposes in paragraph (1) of this subsection.
(3) Concurrent with the annual budget submis- sion of the President for fiscal year 2024, the Sec- retary of State shall submit to the Committees on Appropriations proposed allocations by account and by program, project, or activity, with detailed jus- tifications, for amounts made available under section 102(c)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(4) The Secretary of State shall provide the Committees on Appropriations quarterly reports on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1406 the status of balances of projects and activities fund- ed by the CHIPS for America International Tech- nology Security and Innovation Fund for amounts allocated pursuant to paragraph (1) of this sub- section, including all uncommitted, committed, and unobligated funds.

FINANCIAL MANAGEMENT, BUDGET TRANSPARENCY, AND ANTI-CORRUPTION SEC.

7031.
7031.

(a) LIMITATION ON DIRECT GOVERN- MENT-TO-GOVERNMENT ASSISTANCE.— (1) REQUIREMENTS.—Funds appropriated by this Act may be made available for direct govern- ment-to-government assistance only if— (A) the requirements included in section 7031(a)(1)(A) through (E) of the Department of State, Foreign Operations, and Related Pro- grams Appropriations Act, 2019 (division F of Public Law 116–6) are fully met; and (B) the government of the recipient coun- try is taking steps to reduce corruption.
(2) CONSULTATION AND NOTIFICATION.—In addition to the requirements in paragraph (1), funds may only be made available for direct government- to-government assistance subject to prior consulta- tion with, and the regular notification procedures of, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1407 the Committees on Appropriations: Provided, That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the require- ments of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash trans- fer, budget support, and cash payments to individ- uals.
(3) SUSPENSION OF ASSISTANCE.—The Admin- istrator of the United States Agency for Inter- national Development or the Secretary of State, as appropriate, shall suspend any direct government-to- government assistance if the Administrator or the Secretary has credible information of material mis- use of such assistance, unless the Administrator or the Secretary reports to the Committees on Appro- priations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appro- priately addressed.
(4) SUBMISSION OF INFORMATION.—The Sec- retary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2024 congressional budget justification materials, amounts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1408 planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, and type of assistance.
(5) DEBT SERVICE PAYMENT PROHIBITION.— None of the funds made available by this Act may be used by the government of any foreign country for debt service payments owed by any country to any international financial institution.
(b) NATIONAL BUDGET AND CONTRACT TRANS- PARENCY.— (1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—The Secretary of State shall con- tinue to update and strengthen the ‘‘minimum re- quirements of fiscal transparency’’ for each govern- ment receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of the Department of State, Foreign Oper- ations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76).
(2) DETERMINATION AND REPORT.—For each government identified pursuant to paragraph (1), the Secretary of State, not later than 180 days after the date of enactment of this Act, shall make or up- date any determination of ‘‘significant progress’’ or ‘‘no significant progress’’ in meeting the minimum December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1409 requirements of fiscal transparency, and make such determinations publicly available in an annual ‘‘Fis- cal Transparency Report’’ to be posted on the De- partment of State website: Provided, That such re- port shall include the elements included under this section in House Report 117–401.
(3) ASSISTANCE.—Not less than $7,000,000 of the funds appropriated by this Act under the head- ing ‘‘Economic Support Fund’’ shall be made avail- able for programs and activities to assist govern- ments identified pursuant to paragraph (1) to im- prove budget transparency and to support civil soci- ety organizations in such countries that promote budget transparency.
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— (1) INELIGIBILITY.— (A) Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in sig- nificant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights, including the wrongful detention of locally employed staff of a United States diplomatic mission or a United December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1410 States citizen or national, shall be ineligible for entry into the United States.
(B) Concurrent with the application of subparagraph (A), the Secretary shall, as ap- propriate, refer the matter to the Office of For- eign Assets Control, Department of the Treas- ury, to determine whether to apply sanctions authorities in accordance with United States law to block the transfer of property and inter- ests in property, and all financial transactions, in the United States involving any person de- scribed in such subparagraph.
(C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa.
(2) EXCEPTION.—Individuals shall not be ineli- gible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is nec- essary to permit the United States to fulfill its obli- gations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1411 shall be construed to derogate from United States Government obligations under applicable inter- national agreements.

(3) WAIVER.—The Secretary may waive the ap- plication of paragraph (1) if the Secretary deter- mines that the waiver would serve a compelling na- tional interest or that the circumstances which caused the individual to be ineligible have changed sufficiently.
(4) REPORT.—Not later than 30 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2024, the Secretary of State shall submit a report, including a classified annex if necessary, to the appropriate congressional committees and the Committees on the Judiciary de- scribing the information related to corruption or vio- lation of human rights concerning each of the indi- viduals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individ- uals who the Secretary designated or identified pur- suant to paragraph (1)(B), or who would be ineli- gible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1412 (5) POSTING OF REPORT.—Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website.
(6) CLARIFICATION.—For purposes of para- graphs (1), (4), and (5), the records of the Depart- ment of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential.
(d) EXTRACTION OF NATURAL RESOURCES.— (1) ASSISTANCE.—Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural re- sources, including by strengthening implementation and monitoring of the Extractive Industries Trans- parency Initiative, implementing and enforcing sec- tion 8204 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat.
2052) and the amendments made by such section, and to prevent the sale of conflict diamonds, and for tech- nical assistance to promote independent audit mech- anisms and support civil society participation in nat- ural resource management.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1413 (2) PUBLIC DISCLOSURE AND INDEPENDENT AUDITS.— (A) The Secretary of the Treasury shall in- struct the executive director of each inter- national financial institution to use the voice and vote of the United States to oppose any as- sistance by such institutions (including any loan, credit, grant, or guarantee) to any coun- try for the extraction and export of a natural resource if the government of such country has in place laws, regulations, or procedures to pre- vent or limit the public disclosure of company payments as required by United States law, and unless such government has adopted laws, regu- lations, or procedures in the sector in which as- sistance is being considered that: (1) accurately account for and publicly disclose payments to the government by companies involved in the extraction and export of natural resources; (2) include independent auditing of accounts receiv- ing such payments and the public disclosure of such audits; and (3) require public disclosure of agreement and bidding documents, as appro- priate.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1414 (B) The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of such subparagraph.

DEMOCRACY PROGRAMS SEC.

7032.


(a) FUNDING.— (1) IN GENERAL.—Of the funds appropriated by this Act under the headings ‘‘Development As- sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Cen- tral Asia’’, and ‘‘International Narcotics Control and Law Enforcement’’, $2,900,000,000 should be made available for democracy programs.
(2) PROGRAMS.—Of the funds made available for democracy programs under the headings ‘‘Eco- nomic Support Fund’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’ pursuant to paragraph (1), not less than $117,040,000 shall be made avail- able to the Bureau of Democracy, Human Rights, and Labor, Department of State.
(b) AUTHORITIES.— (1) AVAILABILITY.—Funds made available by this Act for democracy programs pursuant to sub- section (a) and under the heading ‘‘National Endow- ment for Democracy’’ may be made available not- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1415 withstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation.
(2) BENEFICIARIES.—Funds made available by this Act for the NED are made available pursuant to the authority of the National Endowment for De- mocracy Act (title V of Public Law 98–164), includ- ing all decisions regarding the selection of bene- ficiaries.
(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of funds appropriated by this Act, the term ‘‘de- mocracy programs’’ means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, labor rights, independent media, and the rule of law, and that otherwise strengthen the capacity of demo- cratic political parties, governments, nongovernmental or- ganizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and accountable to citizens.
(d) PROGRAM PRIORITIZATION.—Funds made avail- able pursuant to this section that are made available for programs to strengthen government institutions shall be prioritized for those institutions that demonstrate a com- mitment to democracy and the rule of law.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1416 (e) RESTRICTIONS ON FOREIGN GOVERNMENT IN- TERFERENCE.— (1) PRIOR APPROVAL.—With respect to the pro- vision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of the assistance, and the partici- pants in such programs shall not be subject to prior approval by the government of any foreign country.
(2) DISCLOSURE OF IMPLEMENTING PARTNER INFORMATION.—If the Secretary of State, in con- sultation with the Administrator of the United States Agency for International Development, deter- mines that the government of the country is un- democratic or has engaged in or condoned harass- ment, threats, or attacks against organizations im- plementing democracy programs, any new bilateral agreement governing the terms and conditions under which assistance is provided to such country shall not require the disclosure of the names of imple- menting partners of democracy programs, and the Secretary of State and the USAID Administrator shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to con- form to this requirement.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1417 (f) CONTINUATION OF CURRENT PRACTICES.— USAID shall continue to implement civil society and polit- ical competition and consensus building programs abroad with funds appropriated by this Act in a manner that rec- ognizes the unique benefits of grants and cooperative agreements in implementing such programs.
(g) DIGITAL SECURITY AND COUNTERING DISINFORMATION.—Funds appropriated by this Act shall be made available to advance digital security and counter disinformation as described under this section in the ex- planatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(h) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—The Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Development, Democracy, and Innovation, USAID, shall regularly inform the NED of democracy programs that are planned and supported with funds made available by this Act and prior Acts mak- ing appropriations for the Department of State, foreign operations, and related programs.
(i) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND JOURNALISTS.—Of the funds appropriated by this Act under the headings ‘‘Economic Support Fund’’ and ‘‘De- mocracy Fund’’, not less than $30,000,000 shall be made December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1418 available to support and protect civil society activists and journalists who have been threatened, harassed, or at- tacked, including journalists affiliated with the United States Agency for Global Media.
(j) INTERNATIONAL FREEDOM OF EXPRESSION AND INDEPENDENT MEDIA.—Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $20,000,000 shall be made available for pro- grams to protect international freedom of expression and 10 independent media, as described under this section in 11 House Report 117–401.
(k) DAVID E. PRICE LEGISLATIVE STRENGTHENING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Democracy Fund’’ shall be made available for legislative strengthening programs: Provided, That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Ap- propriations: Provided further, That such programs shall hereafter be collectively named the ‘‘David E. Price Legis- lative Strengthening Program’’.
INTERNATIONAL RELIGIOUS FREEDOM SEC.

7033.

(a) INTERNATIONAL RELIGIOUS FREE- DOM OFFICE.—Funds appropriated by this Act under the heading ‘‘Diplomatic Programs’’ shall be made available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1419 for the Office of International Religious Freedom, Depart- ment of State.
(b) ASSISTANCE.—Funds appropriated by this Act under the headings ‘‘Economic Support Fund’’, ‘‘Democ- racy Fund’’, and ‘‘International Broadcasting Operations’’ shall be made available for international religious freedom programs and funds appropriated by this Act under the headings ‘‘International Disaster Assistance’’ and ‘‘Migra- tion and Refugee Assistance’’ shall be made available for humanitarian assistance for vulnerable and persecuted ethnic and religious minorities: Provided, That funds made available by this Act under the headings ‘‘Economic Sup- port Fund’’ and ‘‘Democracy Fund’’ pursuant to this sec- tion shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials, and shall be subject to prior consultation with the Committees 18 on Appropriations.
(c) AUTHORITY.—Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading ‘‘Economic Support Fund’’ may be made available notwithstanding any other provision of law for assistance for ethnic and religious minorities in Iraq and 25 Syria.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1420 (d) DESIGNATION OF NON-STATE ACTORS.—Section 7033(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31) shall continue in effect during fiscal year 2023.

SPECIAL PROVISIONS SEC.

7034.


(a) VICTIMS OF WAR, DISPLACED CHIL- DREN, AND DISPLACED BURMESE.—Funds appropriated in title III of this Act that are made available for victims of war, displaced children, displaced Burmese, and to com- bat trafficking in persons and assist victims of such traf- ficking may be made available notwithstanding any other provision of law.
(b) FORENSIC ASSISTANCE.— (1) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $20,000,000 shall be made available for foren- sic anthropology assistance related to the exhuma- tion and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for De- mocracy, Human Rights, and Labor, Department of State: Provided, That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1421 foreign operations, and related programs for assist- ance for countries.

(2) Of the funds appropriated by this Act under the heading ‘‘International Narcotics Control and Law Enforcement’’, not less than $10,000,000 shall be made available for DNA forensic technology pro- grams to combat human trafficking in Central America and Mexico.
(c) WORLD FOOD PROGRAMME.—Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law.
(d) DIRECTIVES AND AUTHORITIES.— (1) RESEARCH AND TRAINING.—Funds appro- priated by this Act under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall be made available to carry out the Program for Re- search and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.

4501 et seq.).
4501 et seq.).

(2) GENOCIDE VICTIMS MEMORIAL SITES.— Funds appropriated by this Act and prior Acts mak- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1422 ing appropriations for the Department of State, for- eign operations, and related programs under the headings ‘‘Economic Support Fund’’ and ‘‘Assist- ance for Europe, Eurasia and Central Asia’’ may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations.
(3) PRIVATE SECTOR PARTNERSHIPS.—Of the funds appropriated by this Act under the headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ that are made available for private sector partnerships, including partnerships with philan- thropic foundations, up to $50,000,000 may remain available until September 30, 2025: Provided, That funds made available pursuant to this paragraph may only be made available following prior consulta- tion with, and the regular notification procedures of, the Committees on Appropriations.
(4) ADDITIONAL AUTHORITY.—Of the amounts made available by this Act under the heading ‘‘Dip- lomatic Programs’’, up to $500,000 may be made available for grants pursuant to section 504 of the Foreign Relations Authorization Act, Fiscal Year December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1423 1979 (22 U.S.C.

2656d), including to facilitate col- laboration with Indigenous communities.
(5) INNOVATION.—The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accord- ance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Op- erations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6): Provided, That each individual award may not exceed $100,000.
(6) DEVELOPMENT INNOVATION VENTURES.— Funds appropriated by this Act under the heading ‘‘Development Assistance’’ and made available for the Development Innovation Ventures program may be made available for the purposes of chapter I of part I of the Foreign Assistance Act of 1961.
(7) EXCHANGE VISITOR PROGRAM.—None of the funds made available by this Act may be used to modify the Exchange Visitor Program adminis- tered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–256; 22 U.S.C.

2451 et seq.

), except through the formal rulemaking process pursu- ant to the Administrative Procedure Act (5 U.S.C.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1424 551 et seq.)
and notwithstanding the exceptions to such rulemaking process in such Act: Provided, That funds made available for such purpose shall only be made available after consultation with, and subject to the regular notification procedures of, the Com- mittees on Appropriations, regarding how any pro- posed modification would affect the public diplomacy goals of, and the estimated economic impact on, the United States: Provided further, That such consulta- tion shall take place not later than 30 days prior to the publication in the Federal Register of any regu- latory action modifying the Exchange Visitor Pro- gram.
(8) PAYMENTS.—Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic Pro- grams’’ and ‘‘Operating Expenses’’, except for funds designated by Congress as an emergency require- ment pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Def- icit Control Act of 1985, are available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropria- tions Act, 2020 (22 U.S.C.
2680b(i)(2)): Provided, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1425 That funds made available pursuant to this para- graph shall be subject to prior consultation with the Committees on Appropriations.

(9) AFGHAN ALLIES.—Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note) is amended— (A) in the heading, by striking ‘‘2022’’ and inserting ‘‘2023’’; (B) in the matter preceding clause (i), in the first sentence, by striking ‘‘34,500’’ and in- serting ‘‘38,500’’; and (C) in clauses (i) and (ii), by striking ‘‘De- cember 31, 2023’’ and inserting ‘‘December 31, 2024’’.
(10) TRANSATLANTIC ENGAGEMENT.—Funds appropriated by this Act under the heading ‘‘Diplo- matic Programs’’ are available for support of an in- stitute for transatlantic engagement if legislation es- tablishing such an institute is enacted into law by September 30, 2023: Provided, That in the event that such legislation is not enacted into law by such date, the amounts described in this paragraph shall be available under the heading ‘‘Diplomatic Pro- grams’’ for the purposes therein.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1426 (e) PARTNER VETTING.—Prior to initiating a partner vetting program, providing a direct vetting option, or mak- ing a significant change to the scope of an existing partner vetting program, the Secretary of State and USAID Ad- ministrator, as appropriate, shall consult with the Com- mittees on Appropriations: Provided, That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initi- ated or significantly modified after the date of enactment of this Act, unless the Secretary of State or USAID Ad- ministrator, as applicable, informs the Committees on Ap- propriations on a case-by-case basis that a direct vetting option is not feasible for such program.
(f) CONTINGENCIES.—During fiscal year 2023, the President may use up to $145,000,000 under the author- ity of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law.
(g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec- retary of State should withhold funds appropriated under title III of this Act for assistance for the central govern- ment of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on Oc- tober 25, 1980: Provided, That the Secretary shall report December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1427 to the Committees on Appropriations within 15 days of withholding funds under this subsection.
(h) TRANSFER OF FUNDS FOR EXTRAORDINARY PROTECTION.—The Secretary of State may transfer to, and merge with, funds under the heading ‘‘Protection of Foreign Missions and Officials’’ unobligated balances of expired funds appropriated under the heading ‘‘Diplomatic Programs’’ for fiscal year 2023, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appro- priated: Provided, That not more than $50,000,000 may 12 be transferred.
(i) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI- ZATIONS.—The terms and conditions of section 7034(k) of the Department of State, Foreign Operations, and Re- lated Programs Appropriations Act, 2020 (division G of Public Law 116–94) shall continue in effect during fiscal 19 year 2023.
(j) PERSONNEL.—Funds appropriated under the heading ‘‘Migration and Refugee Assistance’’ may be used to carry out section 5(a)(6) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.

2605(a)(6)) for em- ploying up to 50 individuals domestically without regard December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1428 to the geographic limitation in such section, following con- sultation with the Committees on Appropriations.
(k) IMPACT ON JOBS.—Section 7056 of the Depart- ment of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116– 260) shall continue in effect during fiscal year 2023.

(l) EXTENSION OF AUTHORITIES.— (1) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Sup- plemental Appropriations Act, 2009 (Public Law 111–32) shall remain in effect through September 30, 2023.
(2) CATEGORICAL ELIGIBILITY.—The Foreign Operations, Export Financing, and Related Pro- grams Appropriations Act, 1990 (Public Law 101– 167) is amended— (A) in section 599D (8 U.S.C.
1157 note)— (i) in subsection (b)(3), by striking ‘‘and 2022’’ and inserting ‘‘2022, and 2023’’; and (ii) in subsection (e), by striking ‘‘2022’’ each place it appears and inserting ‘‘2023’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1429 (B) in section 599E(b)(2) (8 U.S.C.

1255 note), by striking ‘‘2022’’ and inserting ‘‘2023’’.
(3) SPECIAL INSPECTOR GENERAL FOR AF- GHANISTAN RECONSTRUCTION COMPETITIVE STA- TUS.—Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after enact- ment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications.
(4) TRANSFER OF BALANCES.—Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (divi- sion J of Public Law 115–31) shall continue in ef- fect during fiscal year 2023.

(5) PROTECTIVE SERVICES.—Section 7071 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (divi- sion K of Public Law 117–103) shall continue in ef- fect during fiscal year 2023.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1430 (6) EXTENSION OF LOAN GUARANTEES TO ISRAEL.—Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat.
576) is amended under the heading ‘‘Loan Guarantees to Israel’’— (A) in the matter preceding the first pro- viso, by striking ‘‘September 30, 2023’’ and in- serting ‘‘September 30, 2028’’; and (B) in the second proviso, by striking ‘‘September 30, 2023’’ and inserting ‘‘Sep- tember 30, 2028’’.
(m) MONITORING AND EVALUATION.— (1) BENEFICIARY FEEDBACK.—Funds appro- priated by this Act that are made available for moni- toring and evaluation of assistance under the head- ings ‘‘Development Assistance’’, ‘‘International Dis- aster Assistance’’, and ‘‘Migration and Refugee As- sistance’’ shall be made available for the regular and systematic collection of feedback obtained directly from beneficiaries to enhance the quality and rel- evance of such assistance: Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Adminis- trator shall submit to the Committees on Appropria- tions, and post on their respective websites, updated December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1431 procedures for implementing partners that receive funds under such headings for regularly and system- atically collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received: Provided further, That the Secretary of State and USAID Ad- ministrator shall regularly— (A) conduct oversight to ensure that such feedback is regularly collected and used by im- plementing partners to maximize the cost-effec- tiveness and utility of such assistance; and (B) consult with the Committees on Appro- priations on the results of such oversight.
(2) EX-POST EVALUATIONS.—Of the funds ap- propriated by this Act under titles III and IV, not less than $10,000,000 shall be made available for ex-post evaluations of the effectiveness and sustain- ability of United States Government-funded assist- ance programs.
(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in the HIV/AIDS Working Capital Fund estab- lished pursuant to section 525(b)(1) of the Foreign Oper- ations, Export Financing, and Related Programs Appro- priations Act, 2005 (Public Law 108–447) may be made available for pharmaceuticals and other products for child December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1432 survival, malaria, tuberculosis, and emerging infectious diseases to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section: Provided, That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2005 (Public Law 108–447) shall be exercised by the Assistant Admin- istrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notifica- tion procedures of the Committees on Appropriations: Pro- vided further, That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reim- bursements related to such fund.
(o) LOANS, CONSULTATION, AND NOTIFICATION.— (1) LOAN GUARANTEES.—Funds appropriated under the headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’ by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Egypt, Jordan, Small Island Developing States, Tunisia, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1433 and Ukraine, which are authorized to be provided: Provided, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provi- sions of law limiting assistance to a country.
(2) CONSULTATION AND NOTIFICATION.— Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Commit- tees on Appropriations.
(3) ADMINISTRATION.—Not less than 30 days prior to exercising the authority of this subsection, but not later than 90 days after the date of enact- ment of this Act, the President shall designate, and concurrently report such designation to the appro- priate congressional committees, the Federal agency or agencies responsible for managing the legacy loan guarantee portfolio, maintaining the current and fu- ture financial exposure of loan guarantees, and exe- cuting future loan guarantees.
(p) LOCAL WORKS.— (1) FUNDING.—Of the funds appropriated by this Act under the headings ‘‘Development Assist- ance’’ and ‘‘Economic Support Fund’’, not less than December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1434 $100,000,000 shall be made available for Local Works pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), which may remain available until Sep- tember 30, 2027.
(2) ELIGIBLE ENTITIES.—For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), ‘‘eli- gible entities’’ shall be defined as small local, inter- national, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 from USAID over the previous 5 fiscal years: Provided, That departments or centers of such educational institutions may be considered indi- vidually in determining such eligibility.
(q) EXTENSION OF PROCUREMENT AUTHORITY.— Section 7077 of the Department of State, Foreign Oper- ations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74) shall continue in effect during fiscal year 2023.

24 25 (r) SECTION 889.—For the purposes of obligations and expenditures made with funds appropriated by this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1435 Act and prior Acts making appropriations for the Depart- ment of State, foreign operations, and related programs, the waiver authority in section 889(d)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) may also be available to the Secretary of State, following consultation with the Director of National Intelligence: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congres- sional committees a report detailing the use of the author- ity of this subsection since the date of enactment of this Act, which shall include the scope and duration of any waiver granted, the entity covered by such waiver, and a detailed description of the national security interest served: Provided further, That such report shall be up- dated every 60 days until September 30, 2024.
(s) DEFINITIONS.— (1) APPROPRIATE CONGRESSIONAL COMMIT- TEES.—Unless otherwise defined in this Act, for purposes of this Act the term ‘‘appropriate congres- sional committees’’ means the Committees on Appro- priations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Af- fairs of the House of Representatives.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1436 (2) FUNDS APPROPRIATED BY THIS ACT AND PRIOR ACTS.—Unless otherwise defined in this Act, for purposes of this Act the term ‘‘funds appro- priated by this Act and prior Acts making appro- priations for the Department of State, foreign oper- ations, and related programs’’ means funds that re- main available for obligation, and have not expired.
(3) INTERNATIONAL FINANCIAL INSTITU- TIONS.—In this Act ‘‘international financial institu- tions’’ means the International Bank for Recon- struction and Development, the International Devel- opment Association, the International Finance Cor- poration, the Inter-American Development Bank, the International Monetary Fund, the International Fund for Agricultural Development, the Asian De- velopment Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency.
(4) SPEND PLAN.—In this Act, the term ‘‘spend plan’’ means a plan for the uses of funds ap- propriated for a particular entity, country, program, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1437 purpose, or account and which shall include, at a minimum, a description of— (A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; (B) amounts and sources of funds by ac- count; (C) how such funds will complement other ongoing or planned programs; and (D) implementing partners, to the max- imum extent practicable.
(5) SUCCESSOR OPERATING UNIT.—Any ref- erence to a particular operating unit or office in this Act or prior Acts making appropriations for the De- partment of State, foreign operations, and related programs shall be deemed to include any successor operating unit performing the same or similar func- tions.

(6) USAID.—In this Act, the term ‘‘USAID’’ means the United States Agency for International Development.

LAW ENFORCEMENT AND SECURITY SEC.

7035.


(a) ASSISTANCE.— (1) COMMUNITY-BASED POLICE ASSISTANCE.— Funds made available under titles III and IV of this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1438 Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign As- sistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, in- cluding assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the com- munities they serve.
(2) COMBAT CASUALTY CARE.— (A) Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, funds appropriated by this Act under the headings ‘‘Peacekeeping Oper- ations’’ and ‘‘Foreign Military Financing Pro- gram’’ shall be made available for combat cas- ualty training and equipment in an amount above the prior fiscal year.
(B) The Secretary of State shall offer com- bat casualty care training and equipment as a component of any package of lethal assistance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1439 funded by this Act with funds appropriated under the headings ‘‘Peacekeeping Operations’’ and ‘‘Foreign Military Financing Program’’: Provided, That the requirement of this subpara- graph shall apply to a country in conflict, un- less the Secretary determines that such country has in place, to the maximum extent prac- ticable, functioning combat casualty care treat- ment and equipment that meets or exceeds the standards recommended by the Committee on Tactical Combat Casualty Care: Provided fur- ther, That any such training and equipment for combat casualty care shall be made available through an open and competitive process.
(3) TRAINING RELATED TO INTERNATIONAL HUMANITARIAN LAW.—The Secretary of State shall offer training related to the requirements of inter- national humanitarian law as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings ‘‘Peace- keeping Operations’’ and ‘‘Foreign Military Financ- ing Program’’: Provided, That the requirement of this paragraph shall not apply to a country that is a member of the North Atlantic Treaty Organization (NATO), is a major non-NATO ally designated by December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1440 section 517(b) of the Foreign Assistance Act of 1961, or is complying with international humani- tarian law: Provided further, That any such training shall be made available through an open and com- petitive process.
(4) INTERNATIONAL PRISON CONDITIONS.— Funds appropriated by this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘International Narcotics Control and Law Enforcement’’ shall be made available for as- sistance to eliminate inhumane conditions in foreign prisons and other detention facilities, notwith- standing section 660 of the Foreign Assistance Act of 1961: Provided, That the Secretary of State and the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of such funds prior to obligation and not later than 60 days after the date of enactment of this Act: Pro- vided further, That such funds shall be in addition to funds otherwise made available by this Act for such purpose.
(b) AUTHORITIES.— (1) RECONSTITUTING CIVILIAN POLICE AU- THORITY.—In providing assistance with funds ap- propriated by this Act under section 660(b)(6) of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1441 the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.

(2) DISARMAMENT, DEMOBILIZATION, AND RE- INTEGRATION.—Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) shall continue in effect during fiscal year 2023.
(3) COMMERCIAL LEASING OF DEFENSE ARTI- CLES.—Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act (22 U.S.C.
2763) may be used to provide financing to Israel, Egypt, the North Atlantic Treaty Organiza- tion (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian appli- cation), if the President determines that there are December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1442 compelling foreign policy or national security reasons for those defense articles being provided by commer- cial lease rather than by government-to-government sale under such Act.

(4) SPECIAL DEFENSE ACQUISITION FUND.— Not to exceed $900,000,000 may be obligated pursu- ant to section 51(c)(2) of the Arms Export Control Act (22 U.S.C.
2795(c)(2)) for the purposes of the Special Defense Acquisition Fund (the Fund), to re- main available for obligation until September 30, 2025: Provided, That the provision of defense arti- cles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State.
(5) OVERSIGHT AND ACCOUNTABILITY.—(A) Prior to the signing of a new Letter of Offer and Acceptance (LOA) involving funds appropriated under the heading ‘‘Foreign Military Financing Pro- gram’’, the Secretary of State shall consult with each recipient government to ensure that the LOA between the United States and such recipient gov- ernment complies with the purposes of section 4 of the Arms Export Control Act (22 U.S.C.
2754) and that the defense articles, services, and training pro- cured with funds appropriated under such heading December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1443 are consistent with United States national security policy.
(B) The Secretary of State shall promptly in- form the appropriate congressional committees of any instance in which the Secretary of State has credible information that such assistance was used in a manner contrary to such agreement.

(c) LIMITATIONS.— (1) CHILD SOLDIERS.—Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers.
(2) LANDMINES AND CLUSTER MUNITIONS.— (A) AUTHORITY.—Notwithstanding any other provision of law, demining equipment available to the United States Agency for Inter- national Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for human- itarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe.
(B) REPORT.—Not later than 120 days after the date of enactment of this Act, the Sec- retary of State, in consultation with the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1444 retary of Defense, shall submit a report to the appropriate congressional committees on imple- mentation of the United States policy regarding anti-personnel landmines (APLs) announced on June 21, 2022, to include progress on the de- struction of APLs, and the number and types of APLs required by such policy for the defense of the Republic of Korea and the methodology used to determine such number: Provided, That the report shall include the types (by Depart- ment of Defense Ammunition Code) and quan- tities of landmines demilitarized and removed from the demilitarization account of the United States Armed Forces, and demilitarization ac- complished by contract or outside the conti- nental United States.
(C) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster muni- tions, no defense export license for cluster mu- nitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (i) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1445 across the range of intended operational environments, and the agreement applica- ble to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster muni- tions will only be used against clearly de- fined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (ii) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions.
(3) CROWD CONTROL.—If the Secretary of State has information that a unit of a foreign secu- rity force uses excessive force to repress peaceful ex- pression or assembly concerning corruption, harm to the environment or human health, or the fairness of electoral processes, or in countries that are undemo- cratic or undergoing democratic transition, the Sec- retary shall promptly determine if such information is credible: Provided, That if the information is de- termined to be credible, funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1446 control purposes for such unit, unless the Secretary of State determines that the foreign government is taking effective measures to bring the responsible members of such unit to justice.
(d) REPORTS.— (1) SECURITY ASSISTANCE REPORT.—Not later than 120 days after the date of enactment of this Act, the Secretary of State shall submit to the Com- mittees on Appropriations a report on funds obli- gated and expended during fiscal year 2022, by country and purpose of assistance, under the head- ings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, and ‘‘Foreign Military Financing Program’’.
(2) ANNUAL FOREIGN MILITARY TRAINING RE- PORT.—For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term ‘‘military training provided to foreign military per- sonnel by the Department of Defense and the De- partment of State’’ shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of De- fense or the Department of State, except for train- ing provided by the government of a country des- ignated by section 517(b) of such Act (22 U.S.C.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1447 2321k(b)) as a major non-North Atlantic Treaty Or- ganization ally: Provided, That such third-country training shall be clearly identified in the report sub- mitted pursuant to section 656 of such Act.

ASSISTANCE FOR INNOCENT VICTIMS OF CONFLICT SEC.

7036.
7036.

Of the funds appropriated under title III of this Act, not less than $10,000,000 shall be made avail- able for the Marla Ruzicka Fund for Innocent Victims of Conflict: Provided, That the USAID Administrator shall consult with the Committees on Appropriations not later than 60 days after the date of enactment of this Act on the proposed uses of such funds.

PALESTINIAN STATEHOOD SEC.

7037.
(a) LIMITATION ON ASSISTANCE.—None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1448 West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue ef- forts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demili- tarized zones; (C) their right to live in peace within se- cure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through inter- national waterways in the area; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1449 (E) a framework for achieving a just set- tlement of the refugee problem.

(b) SENSE OF CONGRESS.—It is the sense of Con- gress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and ac- countable governance.
(c) WAIVER.—The President may waive subsection (a) if the President determines that it is important to the national security interest of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act (‘‘Limitation on Assistance for the Pales- tinian Authority’’).

19 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION SEC.

7038.
7038.

None of the funds appropriated or other- wise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting 25 Corporation.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1450 ASSISTANCE FOR THE WEST BANK AND GAZA SEC.

7039.
(a) OVERSIGHT.—For fiscal year 2023, 30 days prior to the initial obligation of funds for the bi- lateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comp- troller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Pro- gram funded under the heading ‘‘Economic Support Fund’’ for the West Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds ap- propriated by this Act under the heading ‘‘Economic Sup- port Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or edu- cational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity’s governing board or gov- erning board of trustees any individual that has been de- termined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign ter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1451 rorist organization: Provided, That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or edu- cational institution which the Secretary has determined to be involved in or advocating terrorist activity.
(c) PROHIBITION.— (1) RECOGNITION OF ACTS OF TERRORISM.— None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for— (A) the purpose of recognizing or otherwise honoring individuals who commit, or have com- mitted acts of terrorism; and (B) any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State deter- mines has committed an act of terrorism.
(2) SECURITY ASSISTANCE AND REPORTING RE- QUIREMENT.—Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obli- gation for security assistance for the West Bank and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1452 Gaza until the Secretary of State reports to the Committees on Appropriations on— (A) the benchmarks that have been estab- lished for security assistance for the West Bank and Gaza and on the extent of Palestinian com- pliance with such benchmarks; and (B) the steps being taken by the Pales- tinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes.
(d) OVERSIGHT BY THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.— (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Pro- gram, are conducted at least on an annual basis to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,300,000 may be used by the Office of Inspec- tor General of the United States Agency for Inter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1453 national Development for audits, investigations, and other activities in furtherance of the requirements of this subsection: Provided, That such funds are in ad- dition to funds otherwise available for such pur- poses.
(e) COMPTROLLER GENERAL OF THE UNITED STATES AUDIT.—Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds pro- vided as cash transfer assistance, in fiscal year 2023 under the heading ‘‘Economic Support Fund’’, and such audit shall address— (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, in- cluding both obligations and expenditures.
(f) NOTIFICATION PROCEDURES.—Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Com- 24 mittees on Appropriations.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1454 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY SEC.

7040.
7040.

(a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provi- sions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the Presi- dent pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursu- ant to subsection (b) is exercised, the President shall sub- mit a report to the Committees on Appropriations detail- ing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Pro- vided, That the report shall also detail the steps the Pales- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1455 tinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.
(e) CERTIFICATION.—If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Ap- propriations prior to the obligation of funds that the Pal- estinian Authority has established a single treasury ac- count for all Palestinian Authority financing and all fi- nancing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Au- thority treasury account, and there is a single comprehen- sive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at pro- moting peace, coexistence, and security cooperation with 16 Israel.
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION ORGANIZATION.— (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agree- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1456 ment with Hamas and over which Hamas exercises undue influence.

(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and re- ports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appro- priations within 120 days of the certification and every quarter thereafter on whether such govern- ment, including all of its ministers or such equiva- lent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1457 vided, That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certifi- cation and a full accounting of any direct support of such government.

(5) None of the funds appropriated under titles III through VI of this Act may be obligated for as- sistance for the Palestine Liberation Organization.

MIDDLE EAST AND NORTH AFRICA SEC.

7041.
(a) EGYPT.— (1) CERTIFICATION AND REPORT.—Funds ap- propriated by this Act that are available for assist- ance for Egypt may be made available notwith- standing any other provision of law restricting as- sistance for Egypt, except for this subsection and section 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt if the Secretary of State certifies and reports to the Committees on Appro- priations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1458 (2) ECONOMIC SUPPORT FUND.—Of the funds appropriated by this Act under the heading ‘‘Eco- nomic Support Fund’’, not less than $125,000,000 shall be made available for assistance for Egypt, of which not less than $40,000,000 should be made available for higher education programs, including not less than $15,000,000 for scholarships for Egyp- tian students with high financial need to attend not- for-profit institutions of higher education in Egypt that are currently accredited by a regional accred- iting agency recognized by the United States De- partment of Education, or meets standards equiva- lent to those required for United States institutional accreditation by a regional accrediting agency recog- nized by such Department: Provided, That such funds shall be made available for democracy pro- grams, and for development programs in the Sinai.
(3) FOREIGN MILITARY FINANCING PRO- GRAM.— (A) CERTIFICATION.—Of the funds appro- priated by this Act under the heading ‘‘Foreign Military Financing Program’’, $1,300,000,000, to remain available until September 30, 2024, should be made available for assistance for Egypt: Provided, That such funds may be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1459 transferred to an interest bearing account in the Federal Reserve Bank of New York, fol- lowing consultation with the Committees on Ap- propriations, and the uses of any interest earned on such funds shall be subject to the regular notification procedures of the Commit- tees on Appropriations: Provided further, That $225,000,000 of such funds shall be withheld from obligation until the Secretary of State cer- tifies and reports to the Committees on Appro- priations that the Government of Egypt is tak- ing sustained and effective steps to— (i) strengthen the rule of law, demo- cratic institutions, and human rights in Egypt, including to protect religious mi- norities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; (ii) implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations, human rights defenders, and the media to function with- out interference; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1460 (iii) hold Egyptian security forces ac- countable, including officers credibly al- leged to have violated human rights; (iv) investigate and prosecute cases of extrajudicial killings and forced disappear- ances; (v) provide regular access for United States officials to monitor such assistance in areas where the assistance is used; and (vi) comply with the requirement under this section in the explanatory state- ment described in section 4 (in the matter preceding division A of this consolidated Act).
(B) WAIVER.—The Secretary of State may waive the certification requirement in subpara- graph (A) if the Secretary determines and re- ports to the Committees on Appropriations that such funds are necessary for counterterrorism, border security, or nonproliferation programs or that it is otherwise important to the national security interest of the United States to do so, and submits a report to such Committees con- taining a detailed justification for the use of such waiver and the reasons why any of the re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1461 quirements of subparagraph (A) cannot be met: Provided, That the report required by this para- graph shall be submitted in unclassified form, but may be accompanied by a classified annex.
(C) In addition to the funds withheld pur- suant to subparagraph (A), $95,000,000 of the funds made available pursuant to this para- graph shall be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt is making clear and con- sistent progress in releasing political prisoners, providing detainees with due process of law, and preventing the intimidation and harassment of American citizens.
(b) IRAN.— (1) FUNDING.—Funds appropriated by this Act under the headings ‘‘Diplomatic Programs’’, ‘‘Eco- nomic Support Fund’’, and ‘‘Nonproliferation, Anti- terrorism, Demining and Related Programs’’ shall be made available for the programs and activities de- scribed under this section in House Report 117–401.
(2) REPORTS.— (A) SEMI-ANNUAL REPORT.—The Sec- retary of State shall submit to the Committees December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1462 on Appropriations the semi-annual report re- quired by section 135(d)(4) of the Atomic En- ergy Act of 1954 (42 U.S.C.

2160e(d)(4)), as added by section 2 of the Iran Nuclear Agree- ment Review Act of 2015 (Public Law 114–17).
(B) SANCTIONS REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a re- port on— (i) the status of United States bilat- eral sanctions on Iran; (ii) the reimposition and renewed en- forcement of secondary sanctions; and (iii) the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East.
(c) IRAQ.— (1) PURPOSES.—Funds appropriated under ti- tles III and IV of this Act shall be made available for assistance for Iraq for— (A) bilateral economic assistance and inter- national security assistance, including in the Kurdistan Region of Iraq; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1463 (B) stabilization assistance, including in Anbar Province; (C) programs to support government transparency and accountability, support judi- cial independence, protect the right of due proc- ess, end the use of torture, and combat corrup- tion; (D) humanitarian assistance, including in the Kurdistan Region of Iraq; (E) programs to protect and assist reli- gious and ethnic minority populations; and (F) programs to increase United States private sector investment.
(2) BASING RIGHTS.—None of the funds appro- priated or otherwise made available by this Act may be used by the Government of the United States to enter into a permanent basing rights agreement be- tween the United States and Iraq.
(d) ISRAEL.—Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing Pro- gram’’, not less than $3,300,000,000 shall be available for grants only for Israel which shall be disbursed within 30 days of enactment of this Act: Provided, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1464 this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $775,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development.
(e) JORDAN.—Of the funds appropriated by this Act under titles III and IV, not less than $1,650,000,000 shall be made available for assistance for Jordan, of which not less than $845,100,000 shall be made available for budget support for the Government of Jordan and not less than $425,000,000 shall be made available under the heading ‘‘Foreign Military Financing Program’’.
(f) LEBANON.— (1) ASSISTANCE.—Funds appropriated under titles III and IV of this Act shall be made available for assistance for Lebanon: Provided, That such funds made available under the heading ‘‘Economic Support Fund’’ may be made available notwith- standing section 1224 of the Foreign Relations Au- thorization Act, Fiscal Year 2003 (Public Law 107– 228; 22 U.S.C.

2346 note).
2346 note).

(2) SECURITY ASSISTANCE.— (A) Funds appropriated by this Act under the headings ‘‘International Narcotics Control and Law Enforcement’’ and ‘‘Foreign Military December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1465 Financing Program’’ that are made available for assistance for Lebanon may be made avail- able for programs and equipment for the Leba- nese Internal Security Forces (ISF) and the Lebanese Armed Forces (LAF) to address secu- rity and stability requirements in areas affected by conflict in Syria, following consultation with the appropriate congressional committees.
(B) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Pro- gram’’ that are made available for assistance for Lebanon may only be made available for programs to— (i) professionalize the LAF to miti- gate internal and external threats from non-state actors, including Hizballah; (ii) strengthen border security and combat terrorism, including training and equipping the LAF to secure the borders of Lebanon and address security and sta- bility requirements in areas affected by conflict in Syria, interdicting arms ship- ments, and preventing the use of Lebanon as a safe haven for terrorist groups; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1466 (iii) implement United Nations Secu- rity Council Resolution 1701: Provided, That prior to obligating funds made available by this subparagraph for assistance for the LAF, the Secretary of State shall sub- mit to the Committees on Appropriations a spend plan, including actions to be taken to en- sure equipment provided to the LAF is used only for the intended purposes, except such plan may not be considered as meeting the notifica- tion requirements under section 7015 of this Act or under section 634A of the Foreign As- sistance Act of 1961: Provided further, That any notification submitted pursuant to such section shall include any funds specifically in- tended for lethal military equipment.
(3) LIMITATION.—None of the funds appro- priated by this Act may be made available for the ISF or the LAF if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Na- tionality Act (8 U.S.C.

1189).
1189).

(g) LIBYA.—Funds appropriated under titles III and IV of this Act shall be made available for stabilization as- sistance for Libya, including support for a United Na- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1467 tions-facilitated political process and border security: Pro- vided, That the limitation on the uses of funds for certain infrastructure projects in section 7041(f)(2) of the De- partment of State, Foreign Operations, and Related Pro- grams Appropriations Act, 2014 (division K of Public Law 113–76) shall apply to such funds.

(h) MOROCCO.—Funds appropriated under titles III and IV of this Act shall be made available for assistance for Morocco.
(i) SAUDI ARABIA.— (1) PROHIBITION.—None of the funds appro- priated by this Act under the heading ‘‘International Military Education and Training’’ may be made available for assistance for the Government of Saudi Arabia.
(2) EXPORT-IMPORT BANK.—None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the De- partment of State, foreign operations, and related programs should be obligated or expended by the Export-Import Bank of the United States to guar- antee, insure, or extend (or participate in the exten- sion of) credit in connection with the export of nu- clear technology, equipment, fuel, materials, or other December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1468 nuclear technology-related goods or services to Saudi Arabia unless the Government of Saudi Arabia— (A) has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.

2153); (B) has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and (C) has signed and implemented an Addi- tional Protocol to its Comprehensive Safeguards Agreement with the International Atomic En- ergy Agency.
(j) SYRIA.— (1) NON-LETHAL ASSISTANCE.—Funds appro- priated by this Act under titles III and IV may be made available, notwithstanding any other provision of law, for non-lethal stabilization assistance for Syria, including for emergency medical and rescue response and chemical weapons investigations.
(2) LIMITATIONS.—Funds made available pur- suant to paragraph (1) of this subsection— (A) may not be made available for a project or activity that supports or otherwise le- gitimizes the Government of Iran, foreign ter- rorist organizations (as designated pursuant to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1469 section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)), or a proxy of Iran in Syria; (B) may not be made available for activi- ties that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines may threaten or undermine United States national security in- terests; and (C) should not be used in areas of Syria controlled by a government led by Bashar al- Assad or associated forces.
(3) CONSULTATION AND NOTIFICATION.— Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification proce- dures of the Committees on Appropriations.
(k) TUNISIA.— (1) ASSISTANCE.—Funds appropriated under titles III and IV of this Act shall be made available for assistance for Tunisia for programs to improve economic growth and opportunity, support demo- cratic governance and civil society, protect due proc- ess of law, and maintain regional stability and secu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1470 rity, following consultation with the Committees on Appropriations.
(2) REPORT.—Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appro- priations on the extent to which— (A) the Government of Tunisia is imple- menting economic reforms, countering corrup- tion, and taking credible steps to restore con- stitutional order and democratic governance, in- cluding respecting freedoms of expression, asso- ciation, and the press, and the rights of mem- bers of political parties, that are in addition to steps taken in the preceding fiscal year; (B) the Government of Tunisia is main- taining the independence of the judiciary and holding security forces who commit human rights abuses accountable; and (C) the Tunisian military has remained an apolitical and professional institution.
(l) WEST BANK AND GAZA.— (1) ASSISTANCE.—Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ shall be made available for programs in the West December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1471 Bank and Gaza, which may include water, sanita- tion, and other infrastructure improvements.
(2) REPORT ON ASSISTANCE.—Prior to the ini- tial obligation of funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Sec- retary of State shall report to the Committees on Appropriations that the purpose of such assistance is to— (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs.
(3) LIMITATIONS.— (A)(i) None of the funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act— (I) the Palestinians obtain the same standing as member states or full member- ship as a state in the United Nations or any specialized agency thereof outside an December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1472 agreement negotiated between Israel and the Palestinians; or (II) the Palestinians initiate an Inter- national Criminal Court (ICC) judicially authorized investigation, or actively sup- port such an investigation, that subjects Israeli nationals to an investigation for al- leged crimes against Palestinians.
(ii) The Secretary of State may waive the restriction in clause (i) of this subparagraph re- sulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Commit- tees detailing how the waiver and the continu- ation of assistance would assist in furthering Middle East peace.
(B)(i) The President may waive the provi- sions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) if the President deter- mines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1473 gressional committees that the Palestinians have not, after the date of enactment of this Act— (I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full member- ship as a state outside an agreement nego- tiated between Israel and the Palestinians; and (II) initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians.
(ii) Not less than 90 days after the Presi- dent is unable to make the certification pursu- ant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appro- priations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided, That any waiver of the provi- sions of section 1003 of Public Law 100–204 under clause (i) of this subparagraph or under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1474 previous provisions of law must expire before the waiver under this clause may be exercised.

(iii) Any waiver pursuant to this subpara- graph shall be effective for no more than a pe- riod of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.
(4) APPLICATION OF TAYLOR FORCE ACT.— Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ that are made available for assistance for the West Bank and Gaza shall be made available consistent with section 1004(a) of the Taylor Force Act (title X of division S of Public Law 115–141).
(5) SECURITY REPORT.—The reporting require- ments in section 1404 of the Supplemental Appro- priations Act, 2008 (Public Law 110–252) shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority.
(6) INCITEMENT REPORT.—Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the ap- propriate congressional committees detailing steps taken by the Palestinian Authority to counter incite- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1475 ment of violence against Israelis and to promote peace and coexistence with Israel.

AFRICA SEC.

7042.
(a) AFRICAN GREAT LAKES REGION AS- SISTANCE RESTRICTION.—Funds appropriated by this Act under the heading ‘‘International Military Education and Training’’ for the central government of a country in the African Great Lakes region may be made available only for Expanded International Military Education and Train- ing and professional military education until the Secretary of State determines and reports to the Committees on Ap- propriations that such government is not facilitating or otherwise participating in destabilizing activities in a neighboring country, including aiding and abetting armed groups.
16 17 18 19 (b) CENTRAL AFRICAN REPUBLIC.—Of the funds ap- propriated by this Act under the heading ‘‘Economic Sup- port Fund’’, not less than $3,000,000 shall be made avail- able for a contribution to the Special Criminal Court in 20 Central African Republic.
(c) COUNTER ILLICIT ARMED GROUPS.—Funds ap- propriated by this Act shall be made available for pro- grams and activities in areas affected by the Lord’s Re- sistance Army (LRA) or other illicit armed groups in Eastern Democratic Republic of the Congo and the Cen- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1476 tral African Republic, including to improve physical ac- cess, telecommunications infrastructure, and early-warn- ing mechanisms and to support the disarmament, demobi- lization, and reintegration of former LRA combatants, es- pecially child soldiers.
(d) DEMOCRATIC REPUBLIC OF THE CONGO.—Funds appropriated by this Act shall be made available for assist- ance for the Democratic Republic of the Congo (DRC) for stabilization, democracy, global health, and bilateral eco- nomic assistance, including in areas affected by, and at risk from, the Ebola virus disease: Provided, That such funds shall also be made available to support security, sta- bilization, development, and democracy in Eastern DRC: Provided further, That funds appropriated by this Act under the headings ‘‘Peacekeeping Operations’’ and ‘‘International Military Education and Training’’ that are made available for such purposes may be made available notwithstanding any other provision of law, except section 620M of the Foreign Assistance Act of 1961.
(e) ETHIOPIA.—Funds appropriated by this Act that are made available for assistance for Ethiopia should be 22 used to support— 23 24 (1) implementation of the cessation of hos- tilities agreement in Tigray; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1477 (2) political dialogues and confidence building measures to end other conflicts in the country; (3) civil society and protect human rights; (4) efforts to provide unimpeded access to hu- manitarian assistance; (5) investigations and prosecutions of gross vio- lations of human rights; and (6) restoration of basic services in areas im- pacted by conflict.
(f) MALAWI.—Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for higher education programs in Malawi shall be made available for higher education and workforce development programs in agriculture as described under this section in House Report 117–401.
(g) SOUTH SUDAN.—None of the funds appropriated by this Act under title IV may be made available for as- sistance for the central Government of South Sudan, ex- cept to support implementation of outstanding issues of the Comprehensive Peace Agreement, mutual arrange- ments related to post-referendum issues associated with such Agreement, or any other viable peace agreement in South Sudan: Provided, That funds appropriated by this Act and prior Acts making appropriations for the Depart- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1478 ment of State, foreign operations, and related programs that are made available for any new program, project, or activity in South Sudan shall be subject to prior consulta- tion with the appropriate congressional committees.

(h) SUDAN.— (1) ASSISTANCE.—Funds appropriated by this Act under title III that are made available for assist- ance for Sudan may be made available to support a civilian-led transition in Sudan.
(2) LIMITATION.—None of the funds appro- priated by this Act under title IV may be made available for assistance for the central Government of Sudan, except to support implementation of out- standing issues of the Comprehensive Peace Agree- ment, mutual arrangements related to post-ref- erendum issues associated with such Agreement, or any other viable peace agreement in Sudan.
(3) CONSULTATION.—Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and re- lated programs that are made available for any new program, project, or activity in Sudan shall be sub- ject to prior consultation with the appropriate con- gressional committees.

(i) ZIMBABWE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1479 (1) INSTRUCTION.—The Secretary of the Treas- ury shall instruct the United States executive direc- tor of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote de- mocracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the rule of law has been restored, including respect for ownership and title to property, and freedoms of expression, association, and assembly.
(2) LIMITATION.—None of the funds appro- priated by this Act shall be made available for as- sistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in para- graph (1).

EAST ASIA AND THE PACIFIC SEC.

7043.


(a) BURMA.— (1) USES OF FUNDS.—Of the funds appro- priated by this Act, not less than $136,127,000 shall be made available for assistance for Burma, which— (A) may be made available notwithstanding any other provision of law and following con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1480 sultation with the appropriate congressional committees; (B) may be made available for support for the administrative operations and programs of entities that support peaceful efforts to estab- lish an inclusive and representative democracy in Burma and a federal union to foster equality among Burma’s diverse ethnic groups, following consultation with the Committees on Appropria- tions; (C) shall be made available for programs to promote ethnic and religious tolerance, unity, and accountability and to combat gender-based violence, including in Kachin, Chin, Mon, Karen, Karenni, Rakhine, and Shan states; (D) shall be made available for community- based organizations with experience operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assist- ance for Burmese refugees from funds appro- priated by this Act under the heading ‘‘Migra- tion and Refugee Assistance’’; and (E) shall be made available for programs and activities to investigate and document viola- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1481 tions of human rights in Burma committed by the military junta.

(2) INTERNATIONAL SECURITY ASSISTANCE.— None of the funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Pro- gram’’ may be made available for assistance for Burma.
(3) LIMITATIONS.—None of the funds appro- priated by this Act that are made available for as- sistance for Burma may be made available to the State Administration Council or any organization or entity controlled by, or an affiliate of, the armed forces of Burma, or to any individual or organization that has committed a gross violation of human rights or advocates violence against ethnic or reli- gious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and USAID or the President of the National Endowment for Democ- racy (NED) for programs administered by NED.
(4) CONSULTATION.—Any new program or ac- tivity in Burma initiated in fiscal year 2023 shall be subject to prior consultation with the appropriate congressional committees.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1482 (b) CAMBODIA.— (1) ASSISTANCE.—Of the funds appropriated under title III of this Act, not less than $82,505,000 shall be made available for assistance for Cambodia.
(2) CERTIFICATION AND EXCEPTIONS.— (A) CERTIFICATION.—None of the funds appropriated by this Act that are made avail- able for assistance for the Government of Cam- bodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees on Appropriations that such Gov- ernment is taking effective steps to— (i) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; (ii) assert its sovereignty against in- terference by the People’s Republic of China, including by verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the runway at the Dara Sakor development project; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1483 (iii) cease violence, threats, and har- assment against civil society and the polit- ical opposition in Cambodia, and dismiss any politically motivated criminal charges against critics of the government; and (iv) respect the rights, freedoms, and responsibilities enshrined in the Constitu- tion of the Kingdom of Cambodia as en- acted in 1993.
(B) EXCEPTIONS.—The certification re- quired by subparagraph (A) shall not apply to funds appropriated by this Act and made avail- able for democracy, health, education, and envi- ronment programs, programs to strengthen the sovereignty of Cambodia, and programs to edu- cate and inform the people of Cambodia of the influence activities of the People’s Republic of China in Cambodia.
(3) USES OF FUNDS.—Funds appropriated under title III of this Act for assistance for Cam- bodia shall be made available for— (A) research, documentation, and edu- cation programs associated with the Khmer Rouge in Cambodia; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1484 (B) programs in the Khmer language to monitor, map, and publicize the efforts by the People’s Republic of China to expand its influ- ence in Cambodia.

(c) INDO-PACIFIC STRATEGY AND THE ASIA REAS- SURANCE INITIATIVE ACT OF 2018.— (1) ASSISTANCE.—Of the funds appropriated under titles III and IV of this Act, not less than $1,800,000,000 shall be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 (Public Law 115–409).
(2) COUNTERING PRC INFLUENCE FUND.—Of the funds appropriated by this Act under the head- ings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, and ‘‘Foreign Military Financing Program’’, not less than $325,000,000 shall be made available for a Coun- tering PRC Influence Fund to counter the influence of the Government of the People’s Republic of China and the Chinese Communist Party and entities act- ing on their behalf globally, which shall be subject to prior consultation with the Committees on Appro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1485 priations: Provided, That such funds are in addition to amounts otherwise made available for such pur- poses: Provided further, That up to 10 percent of such funds shall be held in reserve to respond to un- anticipated opportunities to counter PRC influence: Provided further, That the uses of such funds shall be the joint responsibility of the Secretary of State and the USAID Administrator, and shall be allo- cated as specified under this section in the explana- tory statement described in section 4 (in the matter preceding division A of this consolidated Act): Pro- vided further, That funds made available pursuant to this paragraph under the heading ‘‘Foreign Military Financing Program’’ may remain available until September 30, 2024: Provided further, That funds appropriated by this Act for such Fund under the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, and ‘‘Foreign Military Financing Program’’ may be transferred to, and merged with, funds appropriated under such headings: Provided further, That such transfer au- thority is in addition to any other transfer authority provided by this Act or any other Act, and is subject December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1486 to the regular notification procedures of the Com- mittees on Appropriations.
(3) RESTRICTION ON USES OF FUNDS.—None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for any project or activity that di- rectly supports or promotes— (A) the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and (B) the use of technology, including bio- technology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in con- sultation with the USAID Administrator and the heads of other Federal agencies, as appro- priate, determines that such use does not ad- versely impact the national security of the United States.
(4) MAPS.—None of the funds made available by this Act should be used to create, procure, or dis- play any map that inaccurately depicts the territory and social and economic system of Taiwan and the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1487 islands or island groups administered by Taiwan au- thorities.
(d) LAOS.—Of the funds appropriated by this Act under titles III and IV, not less than $93,000,000 shall be made available for assistance for Laos, including for assistance for persons with disabilities caused by unexploded ordnance accidents, and of which not less than $1,500,000 should be made available for programs to as- sist persons with severe physical mobility, cognitive, or de- velopmental disabilities in areas sprayed with Agent Or- ange: Provided, That funds made available pursuant to this subsection may be used, in consultation with the Gov- ernment of Laos, for assessments of the existence of dioxin contamination resulting from the use of Agent Orange in Laos and the feasibility and cost of remediation.
(e) NORTH KOREA.— (1) CYBERSECURITY.—None of the funds ap- propriated by this Act or prior Acts making appro- priations for the Department of State, foreign oper- ations, and related programs may be made available for assistance for the central government of a coun- try the Secretary of State determines and reports to the appropriate congressional committees engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Gov- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1488 ernment of North Korea: Provided, That the Sec- retary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122; 22 U.S.C.
9229) to the Committees on Appropriations: Provided further, That the Secretary of State may waive the application of the restriction in this para- graph with respect to assistance for the central gov- ernment of a country if the Secretary determines and reports to the appropriate congressional com- mittees that to do so is important to the national se- curity interest of the United States, including a de- scription of such interest served.
(2) BROADCASTS.—Funds appropriated by this Act under the heading ‘‘International Broadcasting Operations’’ shall be made available to maintain broadcasting hours into North Korea at levels not less than the prior fiscal year.

(3) HUMAN RIGHTS.—Funds appropriated by this Act under the headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’ shall be made avail- able for the promotion of human rights in North Korea: Provided, That the authority of section 7032(b)(1) of this Act shall apply to such funds.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1489 (4) LIMITATION ON USE OF FUNDS.—None of the funds made available by this Act under the heading ‘‘Economic Support Fund’’ may be made available for assistance for the Government of North Korea.
(f) PACIFIC ISLANDS COUNTRIES.— (1) OPERATIONS.—Funds appropriated under title I in this Act and prior Acts making appropria- tions for the Department of State, foreign oper- ations, and related programs may be made available for establishing and operating diplomatic facilities in Kiribati, Tonga, Solomon Islands, and Vanuatu, subject to section 7015(a)(3) of this Act and fol- lowing consultation with the Committees on Appro- priations.
(2) ASSISTANCE.—Of the funds appropriated by this Act under the headings ‘‘Development Assist- ance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement″, ″Nonproliferation, Anti-terrorism, Demining and Re- lated Programs’’, and ‘‘Foreign Military Financing Program’’, not less than $150,000,000 shall be made available for assistance for Pacific Islands countries, as specified under this section in the ex- planatory statement described in section 4 (in the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1490 matter preceding division A of this consolidated Act), following consultation with the Committees on Appropriations: Provided, That funds made available pursuant to this paragraph shall be made available for joint development and security programs between the United States and such countries in coordination with regional allies and partners, including Taiwan.
(g) PEOPLE’S REPUBLIC OF CHINA.— (1) LIMITATION ON USE OF FUNDS.—None of the funds appropriated under the heading ‘‘Diplo- matic Programs’’ in this Act may be obligated or ex- pended for processing licenses for the export of sat- ellites of United States origin (including commercial satellites and satellite components) to the People’s Republic of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are noti- fied of such proposed action.
(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assist- ance projects or activities of the People’s Liberation Army (PLA) of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, That none of the funds appropriated or otherwise made avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1491 able pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA.
(3) HONG KONG.— (A) DEMOCRACY PROGRAMS.—Of the funds appropriated by this Act under the first paragraph under the heading ‘‘Democracy Fund’’, not less than $5,000,000 shall be made available for democracy and Internet freedom programs for Hong Kong, including legal and other support for democracy activists.
(B) RESTRICTIONS ON ASSISTANCE.—None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related pro- grams that are made available for assistance for Hong Kong should be obligated for assistance for the Government of the People’s Republic of China and the Chinese Communist Party or any entity acting on their behalf in Hong Kong.
(C) REPORT.—The report required under section 7043(f)(3)(C) of the Department of State, Foreign Operations, and Related Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1492 grams Appropriations Act, 2021 (division K of Public Law 116–260) shall be updated and sub- mitted to the Congress in the manner described.
(h) PHILIPPINES.—None of the funds appropriated by this Act may be made available for counternarcotics assistance for the Philippines, except for drug demand re- duction, maritime law enforcement, or transnational inter- diction.
(i) TAIWAN.— (1) GLOBAL COOPERATION AND TRAINING FRAMEWORK.—Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $4,000,000 shall be made available for the Global Cooperation and Training Framework, which shall be administered by the American Insti- tute in Taiwan.
(2) FOREIGN MILITARY FINANCING.—Funds appropriated by this Act and prior Acts making ap- propriations for the Department of State, foreign operations, and related programs under the heading ‘‘Foreign Military Financing Program’’, except for amounts designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, may be made available for the costs, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1493 as defined in section 502 of the Congressional Budg- et Act of 1974, of direct loans and loan guarantees for Taiwan, if otherwise authorized: Provided, That such costs may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided further, That the gross principal balance of such direct loans shall not exceed $2,000,000,000, and the gross prin- cipal balance of guaranteed loans shall not exceed $2,000,000,000: Provided further, That the Sec- retary of State may use amounts charged to the bor- rower as origination fees to pay for the cost of such loans.
(3) FELLOWSHIP PROGRAM.—Funds appro- priated by this Act under the heading ‘‘Payment to the American Institute in Taiwan’’ shall be made available to establish a Taiwan Fellowship Program.
(4) CONSULTATION.—Not later than 60 days after the date of enactment of this Act, the Sec- retary of State shall consult with the Committees on Appropriations on the uses of funds made available pursuant to this subsection: Provided, That such funds shall be subject to the regular notification pro- cedures of the Committees on Appropriations.

(j) TIBET.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1494 (1) FINANCING OF PROJECTS IN TIBET.—The Secretary of the Treasury should instruct the United States executive director of each international finan- cial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Ti- betan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Ti- betan culture and traditions, and are subject to ef- fective monitoring.
(2) PROGRAMS FOR TIBETAN COMMUNITIES.— (A) Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $10,000,000 shall be made avail- able to nongovernmental organizations with ex- perience working with Tibetan communities to support activities which preserve cultural tradi- tions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibet Autonomous December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1495 Region and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $8,000,000 shall be made avail- able for programs to promote and preserve Ti- betan culture and language in the refugee and diaspora Tibetan communities, development, and the resilience of Tibetan communities and the Central Tibetan Administration in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to amounts made available in subparagraph (A) for programs in- side Tibet.
(C) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $3,000,000 shall be made avail- able for programs to strengthen the capacity of the Central Tibetan Administration: Provided, That such funds shall be administered by the United States Agency for International Devel- opment.

(k) VIETNAM.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1496 (1) Of the funds appropriated under titles III and IV of this Act, not less than $197,000,000 shall be made available for assistance for Vietnam, of which not less than— (A) $30,000,000 shall be made available for health and disability programs to assist per- sons with severe physical mobility, cognitive, or developmental disabilities: Provided, That such funds shall be prioritized to assist persons whose disabilities may be related to the use of Agent Orange and exposure to dioxin, or are the result of unexploded ordnance accidents; (B) $20,000,000 shall be made available, notwithstanding any other provision of law, for activities related to the remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Govern- ment of Vietnam, including the military, for such purposes; (C) $3,000,000 shall be made available for the Reconciliation/Vietnamese Wartime Ac- counting Initiative; and (D) $15,000,000 shall be made available for higher education programs.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1497 (2) Section 7043(i)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103) is amended by striking ‘‘that’’ and insert- ing ‘‘: Provided, That such funds shall be prioritized to assist persons whose disabilities’’.

SOUTH AND CENTRAL ASIA SEC.

7044.


(a) AFGHANISTAN.— (1) RESTRICTION.—None of the funds appro- priated by this Act and prior Acts making appro- priations for the Department of State, foreign oper- ations, and related programs and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban.
(2) AFGHAN SPECIAL IMMIGRANT VISAS.— Funds appropriated or otherwise made available by this Act under the heading ‘‘Administration for For- eign Affairs’’ and fees available for obligation during fiscal year 2023 in the Consular and Border Secu- rity Programs account shall be made available for additional Department of State personnel necessary to eliminate processing backlogs and expedite adju- dication of Afghan Special Immigrant Visa cases, in- cluding for the National Visa Center and the Afghan Special Immigrant Visa Unit.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1498 (3) AFGHAN STUDENTS.—Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available to support the higher education of students from Afghanistan studying outside of the country, including the costs of reimbursement to institutions hosting such stu- dents, as appropriate: Provided, That the Secretary of State and the Administrator of the United States Agency for International Development, as appro- priate, shall consult with the Committees on Appro- priations prior to the initial obligation of funds for such purposes.
(4) REPORT.—Not later than 45 days after the date of enactment of this Act, the Secretary of State and the USAID Administrator shall submit a report to the appropriate congressional committees detail- ing plans, consistent with the restriction contained in paragraph (1), to— (A) protect and strengthen the rights of Afghan women and girls; (B) support higher education programs, in- cluding continued support for the American University of Afghanistan’s (AUAF) online pro- grams and support for other higher education December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1499 institutions in South Asia and the Middle East that are hosting AUAF and other Afghan stu- dents; (C) support Afghan civil society activists, journalists, and independent media, including in third countries; and (D) support health, education, including community-based education, and other pro- grams to address the basic needs of the people of Afghanistan.
(b) BANGLADESH.—Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Bangladesh— (1) not less than $23,500,000 shall be made available to address the needs of communities im- pacted by refugees from Burma; (2) not less than $10,000,000 shall be made available for programs to protect freedom of expres- sion and association, and the right of due process; and (3) not less than $23,300,000 shall be made available for democracy programs.
(c) NEPAL.—Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ that are made available for assistance for Nepal shall only be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1500 made available for humanitarian and disaster relief and reconstruction activities, and in support of international peacekeeping operations, military professionalization and training, and border security activities: Provided, That such funds may only be made available for additional uses if the Secretary of State certifies and reports to the Com- mittees on Appropriations that the Government of Nepal is investigating and prosecuting violations of human rights and the laws of war by the Nepal Army, and the Nepal 10 Army is cooperating fully with civilian judicial authorities 11 in such cases.
(d) PAKISTAN.— (1) ASSISTANCE.— (A) SECURITY ASSISTANCE.—Funds ap- propriated by this Act under the heading ‘‘For- eign Military Financing Program’’ for assist- ance for Pakistan may be made available only to support counterterrorism and counterinsur- gency capabilities in Pakistan.
(B) BILATERAL ECONOMIC ASSISTANCE.— Prior to the obligation of funds made available by this Act under the heading ‘‘Economic Sup- port Fund’’ for assistance for the central Gov- ernment of Pakistan, the Secretary of State December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1501 shall submit a report to the appropriate con- gressional committees detailing— (i) the amount of financing and other support, if any, provided by the Govern- ment of Pakistan to schools supported by, affiliated with, or run by the Taliban or any domestic or foreign terrorist organiza- tion in Pakistan; (ii) the extent of cooperation by such government in issuing visas in a timely manner for United States visitors, includ- ing officials and representatives of non- governmental organizations, engaged in as- sistance and security programs in Paki- stan; (iii) the extent to which such govern- ment is providing humanitarian organiza- tions access to detainees, internally dis- placed persons, and other Pakistani civil- ians affected by conflict in Pakistan and the region; and (iv) the extent to which such govern- ment is strengthening democracy in Paki- stan, including protecting freedom of ex- pression, assembly, and religion.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1502 (2) AUTHORITY AND USES OF FUNDS.—(A) Funds appropriated by this Act for assistance for Pakistan may be made available notwithstanding any other provision of law, except for section 620M of the Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act under the heading ‘‘International Narcotics Control and Law Enforcement’’ shall be made available for border se- curity programs in Pakistan, following consultation with the Committees on Appropriations.

(C) Funds appropriated by title III of this Act shall be made available for programs to promote de- mocracy and for gender programs in Pakistan.
(3) WITHHOLDING.—Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropria- tions that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the as- sistance provided to the United States in locating Osama bin Laden.
(e) SRI LANKA.— (1) ASSISTANCE.—Funds appropriated under title III of this Act shall be made available for as- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1503 sistance for Sri Lanka for democracy and economic development programs, particularly in areas recov- ering from ethnic and religious conflict.
(2) CERTIFICATION.—Funds appropriated by this Act for assistance for the central Government of Sri Lanka may be made available only if the Sec- retary of State certifies and reports to the Commit- tees on Appropriations that such Government is tak- ing effective and consistent steps to— (A) protect the rights and freedoms of the people of Sri Lanka regardless of ethnicity and religious belief, including by investigating viola- tions of human rights and the laws of war and holding perpetrators of such violations account- able; (B) address the basic needs of the people of Sri Lanka and responsibly mitigate the im- pact of the country’s economic collapse, includ- ing by increasing transparency and account- ability in governance; (C) combat corruption, including bringing to justice public officials who have engaged in significant acts of corruption; (D) assert its sovereignty against influence by the People’s Republic of China; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1504 (E) promote reconciliation between ethnic and religious groups, particularly arising from past conflict in Sri Lanka, including by— (i) addressing land confiscation and ownership issues; (ii) resolving cases of missing persons, including by maintaining a functioning and credible office of missing persons; (iii) reducing the presence of the armed forces in former conflict zones and restructuring the armed forces for a peace- time role that contributes to post-conflict reconciliation and regional security; (iv) repealing or amending laws on ar- rest and detention by security forces to comply with international standards; and (v) investigating allegations of arbi- trary arrest and torture, and supporting a credible justice mechanism for resolving cases of war crimes: Provided, That the limitations of this paragraph shall not apply to funds made available for hu- manitarian assistance and disaster relief; to protect human rights, locate and identify miss- ing persons, and assist victims of torture and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1505 trauma; to promote justice, accountability, and reconciliation; to enhance maritime security and domain awareness; to promote fiscal trans- parency and sovereignty; and for International Military Education and Training.
(3) LIMITATION.—None of the funds appro- priated by this Act may be made available for assist- ance for the Sri Lankan armed forces, except for hu- manitarian assistance, disaster relief, instruction in human rights and related curricula development, maritime security and domain awareness, including professionalization and training for the navy and coast guard, and funds appropriated by this Act under the heading ‘‘International Military Education and Training’’.
(4) CONSULTATION.—Funds made available for assistance for Sri Lanka other than for the purposes specified in paragraph (1) shall be subject to prior consultation with the Committees on Appropriations.
(f) REGIONAL PROGRAMS.—Funds appropriated by this Act shall be made available for assistance for coun- tries in South and Central Asia to significantly increase the recruitment, training, and retention of women in the judiciary, police, and other security forces, and to train judicial and security personnel in such countries to pre- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1506 vent and address gender-based violence, human traf- ficking, and other practices that disproportionately harm women and girls.

LATIN AMERICA AND THE CARIBBEAN SEC.

7045.
(a) CENTRAL AMERICA.— (1) ASSISTANCE.—Funds appropriated by this Act under titles III and IV shall be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, in- cluding through the Central America Regional Secu- rity Initiative: Provided, That such assistance shall be prioritized for programs that address the violence, poverty, corruption, and other factors that con- tribute to irregular migration, particularly of unac- companied minors, to the United States, including for programs to reduce violence against women and girls, protect the rights of Indigenous people, sup- port civil society and other independent institutions, enhance economic opportunity, combat corruption and impunity, and dismantle illegal armed groups and drug trafficking organizations.
(A) Of the funds made available pursuant to paragraph (1)— (i) $61,500,000 should be made avail- able to support entities and activities to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1507 combat corruption and impunity in such countries, including, as appropriate, offices of Attorneys General; and (ii) $70,000,000 should be made available for programs to reduce violence against women and girls, including for In- digenous women and girls.
(B) Within the funds made available pur- suant to paragraph (1) and made available for assistance for El Salvador, Guatemala, and Honduras, up to $100,000,000 should be made available for programs that support locally-led development in such countries: Provided, That up to 15 percent of the funds made available to carry out this subparagraph may be used by the Administrator of the United States Agency for International Development for administrative and oversight expenses related to the purposes of this subparagraph: Provided further, That the USAID Administrator shall consult with the Committees on Appropriations on the planned uses of funds to carry out this sub- paragraph prior to the initial obligation of funds: Provided further, That such funds shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1508 be subject to the regular notification procedures of the Committees on Appropriations.

(C) Funds made available pursuant to paragraph (1) shall be made available for the youth empowerment program established pursu- ant to section 7045(a)(1)(C) of the Department of State, Foreign Operations, and Related Pro- grams Appropriations Act, 2022 (division K of Public Law 117–103).
(2) LIMITATION ON ASSISTANCE TO CERTAIN CENTRAL GOVERNMENTS.— (A) Of the funds made available pursuant to paragraph (1) under the heading ‘‘Economic Support Fund’’ and under title IV of this Act, 60 percent of such funds that are made avail- able for assistance for each of the central gov- ernments of El Salvador and Guatemala, and 45 percent of such funds that are made avail- able for assistance for the central government of Honduras, may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such gov- ernment is— (i) combating corruption and impu- nity, including investigating and pros- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1509 ecuting government officials, military per- sonnel, and police officers credibly alleged to be corrupt; (ii) implementing reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions, strengthening the independence of judicial and electoral insti- tutions, and improving the transparency of political campaign and political party fi- nancing; (iii) protecting the rights of human rights defenders, trade unionists, journal- ists, civil society groups, opposition polit- ical parties, and the independence of the media; (iv) providing effective and account- able law enforcement and security for its citizens, curtailing the role of the military in public security, and upholding due proc- ess of law; (v) implementing programs to reduce violence against women and girls; (vi) implementing policies to reduce poverty and promote economic growth and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1510 opportunity, including the implementation of reforms to strengthen educational sys- tems, vocational training programs, and programs for at-risk youth; (vii) improving border security and combating human smuggling and traf- ficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; (viii) informing its citizens of the dan- gers of the journey to the southwest border of the United States; and (ix) implementing policies that im- prove the environment for foreign invest- ment, including executing tax reform in a transparent manner, ensuring effective legal mechanisms for reimbursements of tax refunds owed to United States busi- nesses, and resolving disputes involving the confiscation of real property of United States entities.
(B) REPROGRAMMING.—If the Secretary is unable to make the certification required by subparagraph (A) for one or more of the cen- tral governments, such assistance shall be re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1511 programmed for assistance for civil society or- ganizations in such country, or for other coun- tries in Latin America and the Caribbean, not- withstanding the funding provisions in this sub- section and the limitations in section 7019 of this Act: Provided, That any such reprogram- ming shall be subject to the regular notification procedures of the Committees on Appropria- tions.
(C) EXCEPTIONS.—The limitation of sub- paragraph (A) shall not apply to funds appro- priated by this Act that are made available for— (i) judicial entities and activities re- lated to combating corruption and impu- nity; (ii) programs to combat gender-based violence; (iii) programs to promote and protect human rights, including those of Indige- nous communities and Afro-descendants; (iv) humanitarian assistance; and (v) food security programs.
(D) FOREIGN MILITARY FINANCING PRO- GRAM.—None of the funds appropriated by this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1512 Act under the heading ‘‘Foreign Military Fi- nancing Program’’ may be made available for assistance for El Salvador, Guatemala, or Hon- duras.
(b) COLOMBIA.— (1) ASSISTANCE.—Of the funds appropriated by this Act under titles III and IV, $487,375,000 should be made available for assistance for Colom- bia: Provided, That such funds shall be made avail- able for the programs and activities described under this section in House Report 117–401: Provided fur- ther, That of the funds appropriated by this Act under the heading ‘‘International Narcotics Control and Law Enforcement’’ and made available for as- sistance pursuant to this paragraph, not less than $40,000,000 shall be made available to enhance rural security in coca producing municipalities and other municipalities with high levels of illicit activi- ties: Provided further, That funds made available pursuant to the preceding proviso shall be prioritized in such municipalities that are also targeted for as- sistance programs that provide viable economic alter- natives and improve access to public services.
(2) WITHHOLDING OF FUNDS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1513 (A) COUNTERNARCOTICS.—Of the funds appropriated by this Act under the heading ‘‘International Narcotics Control and Law En- forcement’’ that are made available for assist- ance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and re- ports to the Committees on Appropriations that— (i) the Government of Colombia is im- plementing an effective whole-of-govern- ment strategy to substantially and sustainably reduce coca cultivation and co- caine production levels in Colombia, includ- ing programs and activities that support il- licit crop eradication, alternative develop- ment, drug interdiction, dismantling of drug trafficking and money laundering net- works, rural security, environmental pro- tection, judicial sector strengthening, and public health services; and (ii) such strategy is in accordance with the 2016 peace accord between the Government of Colombia and the Revolu- tionary Armed Forces of Colombia.
(B) HUMAN RIGHTS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1514 (i) Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ and made available for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Commit- tees on Appropriations that— (I) the Special Jurisdiction for Peace and other judicial authorities, as appropriate, are sentencing per- petrators of gross violations of human rights, including those with command responsibility, to deprivation of lib- erty; (II) the Government of Colombia is making consistent progress in re- ducing threats and attacks against human rights defenders and other civil society activists, and judicial au- thorities are prosecuting and pun- ishing those responsible for ordering and carrying out such attacks; (III) the Government of Colom- bia is making consistent progress in protecting Afro-Colombian and Indig- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1515 enous communities and is respecting their rights and territories; (IV) senior military officers credibly alleged, or whose units are credibly alleged, to be responsible for ordering, committing, and covering up cases of false positives and other extrajudicial killings, or of committing other gross violations of human rights, or of conducting illegal com- munications intercepts or other illicit surveillance, are being held account- able, including removal from active duty if found guilty through criminal, administrative, or disciplinary pro- ceedings; and (V) the Colombian Armed Forces are cooperating fully with the require- ments described in subclauses (I) through (IV).
(ii) Of the funds appropriated by this Act under the heading ‘‘International Nar- cotics Control and Law Enforcement’’ and made available for assistance for the Co- lombian National Police (CNP), five per- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1516 cent may be obligated only if the Secretary of State certifies and reports to the Com- mittees on Appropriations that the Govern- ment of Colombia is bringing to justice the police personnel who ordered, directed, and used excessive force and engaged in other illegal acts against protesters in 2020 and 2021, and that the CNP is cooperating fully with such efforts.
(3) EXCEPTIONS.—The limitations of para- graph (2) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs.
(4) AUTHORITY.—Aircraft supported by funds appropriated by this Act and prior Acts making ap- propriations for the Department of State, foreign operations, and related programs and made available for assistance for Colombia may be used to trans- port personnel and supplies involved in drug eradi- cation and interdiction, including security for such activities, and to provide transport in support of al- ternative development programs and investigations by civilian judicial authorities.
(5) LIMITATION.—None of the funds appro- priated by this Act or prior Acts making appropria- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1517 tions for the Department of State, foreign oper- ations, and related programs that are made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed groups.
(c) HAITI.— (1) ASSISTANCE.—Funds appropriated by this Act under titles III and IV shall be made available for assistance for Haiti to support the basic needs of the Haitian people.
(2) CERTIFICATION.—Funds appropriated by this Act that are made available for assistance for Haiti may only be made available for the central Government of Haiti if the Secretary of State cer- tifies and reports to the appropriate congressional committees that a democratically elected government has taken office, or the country is being led by a transitional governing authority that is broadly rep- resentative of Haitian society, and it is in the na- tional interest of the United States to provide such assistance.
(3) EXCEPTIONS.—Notwithstanding paragraph (1), funds may be made available to support— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1518 (A) free and fair elections; (B) anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison condi- tions; (C) public health, food security, subsist- ence farmers, water and sanitation, education, and other programs to meet basic human needs; and (D) disaster relief and recovery.
(4) CONSULTATION.—Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and re- lated programs that are made available for assist- ance for Haiti shall be subject to prior consultation with the Committees on Appropriations: Provided, That the requirement of this paragraph shall also apply to any funds from such Acts that are made available for support for an international security force in Haiti.
(5) PROHIBITION.—None of the funds appro- priated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti.

(6) HAITIAN COAST GUARD.—The Government of Haiti shall be eligible to purchase defense articles December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1519 and services under the Arms Export Control Act (22 U.S.C.

2751 et seq.)

for the Coast Guard.


(d) NICARAGUA.—Of the funds appropriated by this Act under the heading ‘‘Development Assistance’’, not less than $15,000,000 shall be made available for democracy programs for Nicaragua, including to support civil society.

(e) THE CARIBBEAN.—Of the funds appropriated by this Act under titles III and IV, not less than $82,000,000 shall be made available for the Caribbean Basin Security 10 Initiative.
(f) VENEZUELA.— (1) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, $50,000,000 should be made available for democracy programs for Venezuela.
(2) Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under title III shall be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Co- lombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: Provided, That such amounts are in addi- tion to funds otherwise made available for assistance for such countries, subject to prior consultation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1520 with, and the regular notification procedures of, the Committees on Appropriations.

EUROPE AND EURASIA SEC.

7046.

(a) ASSISTANCE.— (1) GEORGIA.—Of the funds appropriated by this Act under titles III and IV, not less than $132,025,000 shall be made available for assistance for Georgia.

(2) UKRAINE.—Funds appropriated by this Act under titles III and IV shall be made available for assistance for Ukraine.
(b) TERRITORIAL INTEGRITY.—None of the funds appropriated by this Act may be made available for assist- ance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national sov- ereignty of any other Independent State of the former So- viet Union, such as those violations included in the Hel- sinki Final Act: Provided, That except as otherwise pro- vided in section 7047(a) of this Act, funds may be made available without regard to the restriction in this sub- section if the President determines that to do so is in the national security interest of the United States: Provided further, That prior to executing the authority contained in the previous proviso, the Secretary of State shall con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1521 sult with the Committees on Appropriations on how such assistance supports the national security interest of the United States.

(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.—Section 907 of the FREEDOM Support Act (22 U.S.C.

5812 note) shall not apply to— (1) activities to support democracy or assist- ance under title V of the FREEDOM Support Act (22 U.S.C.

5851 et seq.)

and section 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2333) or non-proliferation as- sistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the For- eign Assistance Act of 1961; (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development Finance Corporation as authorized by the BUILD Act of 2018 (division F of Public Law 115–254); (5) any financing provided under the Export- Import Bank Act of 1945 (Public Law 79–173); or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1522 (6) humanitarian assistance.

(d) TURKEY.—None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presi- dential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act (22 U.S.C.

2761 et seq.)
unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indict- ment by the Superior Court of the District of Columbia, and against whom there are pending charges, have re- turned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided, That the limi- tation in this paragraph shall not apply to the use of funds made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition oper- ations, or to enhance the protection of United States offi- cials and facilities in Turkey.
20 21 22 23 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION SEC.

7047.

(a) PROHIBITION.—None of the funds ap- propriated by this Act may be made available for assist- ance for the central Government of the Russian Federa- 24 tion.

25 (b) ANNEXATION OF TERRITORY.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1523 (1) PROHIBITION.—None of the funds appro- priated by this Act may be made available for assist- ance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine: Provided, That except as other- wise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national in- terest of the United States, and includes a justifica- tion for such interest.
(2) LIMITATION.—None of the funds appro- priated by this Act may be made available for— (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other terri- tory in Ukraine; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of the Russian Federation or Russian- backed forces, if such activity includes the par- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1524 ticipation of Russian Government officials, or other Russian owned or controlled financial en- tities; or (C) assistance for Crimea or other terri- tory in Ukraine under the control of the Rus- sian Federation or Russian-backed forces, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities.