Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023

Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2023, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I Department of Defense Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $997,425,000, to remain available until September 30, 2027: Provided Provided further Military Construction, Army Military Construction, Navy and Marine Corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $3,808,340,000, to remain available until September 30, 2027: Provided Provided further Military Construction, Navy and Marine Corps Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $2,291,156,000, to remain available until September 30, 2027: Provided Provided further Military Construction, Air Force Military Construction, Defense-Wide (including transfer of funds) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $2,675,128,000, to remain available until September 30, 2027: Provided Provided further Provided further Military Construction, Defense-Wide Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 Provided Provided further Military Construction, Army National Guard Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 Provided Provided further Military Construction, Air National Guard Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 Provided Military Construction, Navy Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 Provided Military Construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 Provided Provided further Military Construction, Air Force Reserve North Atlantic Treaty Organization Security Investment Program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $220,139,000, to remain available until expended. Department of Defense Base Closure Account For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 Family Housing Construction, Army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $169,339,000, to remain available until September 30, 2027. Family Housing Operation and Maintenance, Army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $446,411,000. Family Housing Construction, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $337,297,000, to remain available until September 30, 2027. Family Housing Operation and Maintenance, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $378,224,000. Family Housing Construction, Air Force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $232,788,000, to remain available until September 30, 2027. Family Housing Operation and Maintenance, Air Force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $365,222,000. Family Housing Operation and Maintenance, Defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $50,113,000. Department of Defense Family Housing Improvement Fund For the Department of Defense Family Housing Improvement Fund, $6,442,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Department of Defense Military Unaccompanied Housing Improvement Fund For the Department of Defense Military Unaccompanied Housing Improvement Fund, $494,000, to remain available until expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied housing and supporting facilities. Administrative Provisions 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 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. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided Provided further 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 115. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. 116. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (including transfer of funds) 117. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in Family Housing Military Construction Provided chapter 169 (including transfer of funds) 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 42 U.S.C. 3374(a)(1)(A) 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 Provided further 120. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. (including transfer of funds) 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation Foreign Currency Fluctuations, Construction, Defense 122. None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. 123. All amounts appropriated to the Department of Defense—Military Construction, Army Department of Defense—Military Construction, Navy and Marine Corps Department of Defense—Military Construction, Air Force Department of Defense—Military Construction, Defense-Wide 124. Notwithstanding section 116 of this Act, funds made available in this Act or any available unobligated balances from prior appropriations Acts may be obligated before October 1, 2024 for fiscal years 2017 and 2018 military construction projects for which project authorization has not lapsed or for which authorization is extended for fiscal year 2023 by a National Defense Authorization Act: Provided 125. For the purposes of this Act, the term congressional defense committees 126. For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military installation resilience, to remain available until September 30, 2027: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Military Construction, Defense-Wide Provided Provided further 127. For an additional amount for the accounts and in the amounts specified for planning and design, for child development centers, to remain available until September 30, 2027: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Provided 128. For an additional amount for Military Construction, Air Force Provided 129. For an additional amount for the accounts and in the amounts specified for planning and design, unspecified minor construction, and authorized major construction projects, for construction improvements to Department of Defense laboratory facilities, to remain available until September 30, 2027: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Provided Provided further, 130. For an additional amount for Military Construction, Air Force Reserve Provided Provided further 131. For an additional amount for the accounts and in the amounts specified to address cost increases identified subsequent to the fiscal year 2023 budget request for authorized major construction projects included in that request, to remain available until September 30, 2027: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Military Construction, Defense-Wide Military Construction, Army National Guard Military Construction, Air National Guard Military Construction, Army Reserve Military Construction, Navy Reserve Provided Provided further, 132. For an additional amount for Military Construction, Defense-Wide Provided Provided further 133. For an additional amount for Military Construction, Navy and Marine Corps Provided, Provided further 134. For an additional amount for the accounts and in the amounts specified for barracks and unaccompanied personnel housing, to remain available until September 30, 2027: Military Construction, Army National Guard Military Construction, Army Reserve Provided Provided further 135. For an additional amount for Family Housing Construction, Army Provided Provided further Provided further Provided further 136. For an additional amount for the accounts and in the amounts specified for child development centers, to remain available until September 30, 2027: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Provided Provided further II Department of Veterans Affairs Veterans Benefits Administration Compensation and Pensions (including transfer of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $146,778,136,000, which shall become available on October 1, 2023, to remain available until expended: Provided General Operating Expenses, Veterans Benefits Administration Information Technology Systems Compensation and Pensions Provided further Medical Care Collections Fund Readjustment Benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, $8,452,500,000, which shall become available on October 1, 2023, to remain available until expended: Provided Veterans Insurance and Indemnities For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21 of title 38, United States Code, $121,126,000, which shall become available on October 1, 2023, to remain available until expended. Veterans Housing Benefit Program Fund For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 Provided Provided further 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 Provided Provided further In addition, for administrative expenses necessary to carry out the direct loan program, $445,698, which may be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration Native American Veteran Housing Loan Program Account For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 General Operating Expenses, Veterans Benefits Administration For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $3,863,000,000: Provided Provided further Veterans Health Administration Medical services For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 7681 Provided Provided further Provided further Provided further Provided further Provided further Medical Community Care For necessary expenses for furnishing health care to individuals pursuant to chapter 17 Provided Medical Support and Compliance For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 42 U.S.C. 2651 et seq. Provided Medical Facilities For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services; $1,500,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $8,800,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided Medical and Prosthetic Research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 Provided National Cemetery Administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $430,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. Departmental administration General Administration (including transfer of funds) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $435,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024: Provided General Operating Expenses, Veterans Benefits Administration Board of Veterans Appeals For necessary operating expenses of the Board of Veterans Appeals, $285,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. Information Technology Systems (including transfer of funds) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $5,782,000,000, plus reimbursements: Provided Provided further Provided further Provided further Provided further Information Technology Systems Provided further Provided further Information Technology Development Projects Veterans Electronic Health Record For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, and salaries and expenses of employees hired under titles 5 and 38, United States Code, $1,759,000,000, to remain available until September 30, 2025: Provided Provided further Provided further Public Law 117–103 Office of Inspector General For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. Construction, Major Projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 Provided Provided further General Administration Provided further Provided further Provided further Construction, Minor Projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 Construction, Minor Projects Provided Grants for Construction of State Extended Care Facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $150,000,000, to remain available until expended. Grants for Construction of Veterans Cemeteries For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $50,000,000, to remain available until expended. Asset and Infrastructure Review For carrying out the VA Asset and Infrastructure Review Act of 2018 (subtitle A of title II of Public Law 115–182 Administrative Provisions (including transfer of funds) 201. Any appropriation for fiscal year 2023 for Compensation and Pensions Readjustment Benefits Veterans Insurance and Indemnities Provided (including transfer of funds) 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, in this or any other Act, under the Medical Services Medical Community Care Medical Support and Compliance Medical Facilities Provided Medical Services Medical Community Care Medical Support and Compliance Provided further Medical Services Medical Community Care Medical Support and Compliance Provided further Medical Facilities 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. 204. No appropriations in this title (except the appropriations for Construction, Major Projects Construction, Minor Projects 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. Medical Services 206. Appropriations available in this title for Compensation and Pensions Readjustment Benefits Veterans Insurance and Indemnities 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from Compensation and Pensions (including transfer of funds) 208. Notwithstanding any other provision of law, during fiscal year 2023, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the General Operating Expenses, Veterans Benefits Administration Information Technology Systems Provided Provided further Provided further 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services shall be available until expended. (including transfer of funds) 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within the Office of Human Resources and Administration for all services provided at rates which will recover actual costs but not to exceed $86,481,000 for the Office of Resolution Management, Diversity and Inclusion, $6,812,000 for the Office of Employment Discrimination Complaint Adjudication, and $4,576,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Administration: Provided Provided further General Administration Information Technology Systems 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 Provided Provided further (including transfer of funds) 212. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the Construction, Major Projects Construction, Minor Projects Construction, Major Projects Construction, Minor Projects 213. Amounts made available under Medical Services (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (including transfer of funds) 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 Medical Community Care 215. The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska (including transfer of funds) 216. Such sums as may be deposited into the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the Construction, Major Projects Construction, Minor Projects 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 Quarterly reporting General Administration Public Law 114–223 (including transfer of funds) 218. Amounts made available under the Medical Services Medical Community Care Medical Support and Compliance Medical Facilities General Operating Expenses, Veterans Benefits Administration Board of Veterans Appeals General Administration National Cemetery Administration Information Technology Systems Provided Information Technology Systems Provided further (including transfer of funds) 219. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2023 for Medical Services Medical Community Care Medical Support and Compliance Medical Facilities Construction, Minor Projects Information Technology Systems Public Law 111–84 Public Law 110–417 Provided Provided further Public Law 117–103 (including transfer of funds) 220. Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2023, for Medical Services Medical Community Care Medical Support and Compliance Medical Facilities Public Law 111–84 Public Law 110–417 Provided (including transfer of funds) 221. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 111–84 Public Law 110–417 Provided Public Law 111–84 (including transfer of funds) 222. Of the amounts available in this title for Medical Services Medical Community Care Medical Support and Compliance Medical Facilities 223. The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided Provided further 224. None of the funds made available for Construction, Major Projects 225. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided Disability claims backlog General Operating Expenses, Veterans Benefits Administration Public Law 114–223 Provided further 226. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. 227. The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000. (including transfer of funds) 228. The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the Medical Services General Operating Expenses, Veterans Benefits Administration Provided Provided further Provided further Provided further Provided further Provided further (including transfer of funds) 229. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, under the Board of Veterans Appeals General Operating Expenses, Veterans Benefits Administration Provided 230. The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress. 231. (a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code— (1) provides to individuals who contact the hotline immediate assistance from a trained professional; and (2) adheres to all requirements of the American Association of Suicidology. (b) (1) None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a). (2) In this subsection— (A) the term civil service (B) the term Executive action (i) any Executive order, Presidential memorandum, or other action by the President; and (ii) any agency policy, order, or other directive. (c) (1) The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline. (2) At a minimum, the study required by paragraph (1) shall— (A) determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter; (B) determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and (C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide. 232. Effective during the period beginning on October 1, 2018, and ending on January 1, 2024, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance 233. Subchapter II of chapter 17 1720K. Infertility counseling and treatment; reimbursement of adoption expenses (a) Infertility counseling and treatment (1) Pursuant to regulations the Secretary shall prescribe to carry out this subsection, the Secretary may provide infertility counseling and treatment, using assisted reproductive technology, including in vitro fertilization, intrauterine insemination, and other advanced reproductive technologies, to the following: (A) A veteran— (i) who is enrolled in the system of annual patient enrollment established and operated under section 1705 of this title; and (ii) who, in the judgment of a health care professional of the Department— (I) has a service-connected disability or condition causing or aggravating infertility; or (II) is infertile as a result of having received medically necessary treatment pursuant to this chapter. (B) The spouse of a veteran described in subparagraph (A), or the partner of a veteran described in subparagraph (A) whom the veteran designates for purposes of this subsection. (2) (A) The Secretary may contract with a provider of in vitro fertilization services to obtain donor gametes or embryos from third-party donors. (B) The Secretary may only obtain third-party donation of gametes or embryos through a contract. (C) The Secretary may not provide assisted reproductive technology services or medical services to third-party donors. (3) (A) The Secretary may contract with a facility to furnish the cryopreservation, storage, and transportation of gametes and embryos. (B) The Secretary may not impose any limitation on the period in which an embryo or gamete is cryopreserved and stored pursuant to this subsection. (4) The legal status, custody, future use, donation, disposition, or destruction, of gametes or embryos relating to infertility or treatment furnished under this subsection shall be determined in accordance with the law of the State in which the gametes or embryos are located. (5) (A) In prescribing regulations to carry out this subsection, the Secretary shall ensure that any in vitro fertilization (including with respect to the number of retrieval attempts and completed embryo transfer cycles) will be— (i) determined using the best medical evidence available; and (ii) provided in accordance with applicable standards of care. (B) In furnishing in vitro fertilization to a covered individual pursuant to this subsection, the Secretary is responsible only for payment of the costs of the in vitro fertilization services. (C) The Secretary may not furnish an in vitro fertilization cycle to a covered individual under this subsection unless the Secretary receives consent for such cycle from each of the following: (i) The covered individual. (ii) If the covered individual is a spouse or partner of a veteran as described in subparagraph (1)(B), the veteran. (iii) If applicable, the third-party donor. (6) In this subsection: (A) The term covered individual (B) The term gamete (C) The term infertility (D) The term in vitro fertilization (E) The term third-party donor (b) Adoption reimbursement (1) Pursuant to regulations the Secretary shall prescribe to carry out this subsection, the Secretary may reimburse an eligible veteran for qualifying adoption expenses incurred by the veteran in the adoption of a child. (2) For purposes of this subsection, an eligible veteran is a veteran who meets the following criteria: (A) The veteran is enrolled in the system of annual patient enrollment established and operated under section 1705 of this title. (B) The veteran, in the judgment of the health care professional of the Department— (i) has a service-connected disability or condition causing or aggravating infertility; or (ii) is infertile as a result of having received medically necessary treatment pursuant to this chapter. (3) An adoption for which expenses may be reimbursed under this subsection includes an adoption by a single person, an infant adoption, an intercountry adoption, or an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act ( 42 U.S.C. 673(c) (4) The Secretary may reimburse an eligible veteran for qualifying adoption expenses under this subsection only after the adoption is final. (5) The Secretary may not reimburse an eligible veteran for qualifying adoption expenses under this subsection for any expense paid to or for the veteran under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government. (6) (A) (i) The Secretary may not reimburse an eligible veteran, or two eligible veterans who are partners, for qualifying adoption expenses under this subsection for more than one adoption. (ii) The Secretary may not reimburse more than one eligible veteran for the qualifying adoption expenses under this subsection for the adoption of the same child. (B) In prescribing regulations to carry out this subsection, the Secretary shall establish minimum and maximum amounts for the reimbursement of qualifying adoption expenses. (7) In this subsection: (A) Notwithstanding section 101 of this title, the term child (B) The term qualified adoption agency (i) a State or local government agency that has responsibility under State or local law for child placement through adoption; (ii) a nonprofit, voluntary adoption agency that is authorized by State or local law to place children for adoption; (iii) any other source authorized by a State to provide adoption placement if the adoption is supervised by a court under State or local law; or (iv) a foreign government or an agency authorized by a foreign government to place children for adoption, in any case in which— (I) the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 (II) a certificate of citizenship has been issued for such child under section 322 of that Act ( 8 U.S.C. 1433 (C) The term qualifying adoption expenses (i) by an adopting parent for travel; or (ii) in connection with an adoption arranged in violation of Federal, State, or local law. (D) The term reasonable and necessary expenses (i) public and private agency fees, including adoption fees charged by an agency in a foreign country; (ii) placement fees, including fees charged adoptive parents for counseling; (iii) legal fees (including court costs) or notary expenses; and (iv) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted. . 234. None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 235. Section 842 of Public Law 109–115 236. (a) Except as provided in subsection (b), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue using Social Security account numbers to identify individuals in all information systems of the Department of Veterans Affairs as follows: (1) For all veterans submitting to the Secretary of Veterans Affairs new claims for benefits under laws administered by the Secretary, not later than March 23, 2023. (2) For all individuals not described in paragraph (1), not later than March 23, 2026. (b) The Secretary of Veterans Affairs may use a Social Security account number to identify an individual in an information system of the Department of Veterans Affairs if and only if the use of such number is required to obtain information the Secretary requires from an information system that is not under the jurisdiction of the Secretary. (c) The matter in subsections (a) and (b) shall supersede section 238 of division F of Public Law 116–94 237. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024 for Medical Services Public Law 114–223 238. None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs. 239. Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and fiscal year 2024 for Medical Services Public Law 111–163 240. None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. 241. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024, section 258 of division A of Public Law 114–223 242. (a) None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access. (b) A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement. 243. None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs. 244. None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2023 to convert any program which received specific purpose funds in fiscal year 2022 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees. 245. (a) Except as provided by subsection (b), none of the funds made available by this Act may be used by the Secretary of Veterans Affairs to purchase, breed, transport, house, feed, maintain, dispose of, or experiment on, dogs or cats as part of the conduct of any study including an assignment of pain category D or E, as defined by the Pain and Distress Categories of the Department of Agriculture (or such successor categories developed pursuant to section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 (b) Subsection (a) shall not apply to training programs or studies of service dogs described in section 1714 of title 38, United States Code, or section 17.148 of title 38, Code of Federal Regulations. 246. Amounts made available for the Veterans Health Administration, Medical Community Care 38 U.S.C. 1701 247. Obligations and expenditures applicable to the Medical Services Medical Community Care 248. Of the amounts made available for the Department of Veterans Affairs for fiscal year 2023, in this or any other Act, under the Veterans Health Administration—Medical Services Veterans Health Administration—Medical Community Care Veterans Health Administration—Medical Support and Compliance Veterans Health Administration—Medical Facilities (including transfer of funds) 249. Amounts made available for the Department of Veterans Affairs for Medical Facilities General Administration Asset and Infrastructure Review Public Law 115–182 Provided Provided further (rescission of funds) 250. Of the unobligated balances in the ‘‘Recurring Expenses Transformational Fund’’ established in section 243 of division J of Public Law 114–113 251. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of the Veterans Medical Care and Health Fund Public Law 117–2 Provided Provided further Medical Services Medical Support and Compliance Medical Facilities Medical Community Care Medical and Prosthetic Research 252. By no later than September 30, 2023, the Secretary shall commence construction of the Community-Based Outpatient Clinic in Bakersfield, California in accordance with Lease No. 36C10F20L0008. III Related Agencies American Battle Monuments Commission Salaries and Expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $87,500,000, to remain available until expended. Foreign Currency Fluctuations Account For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United States Court of Appeals for Veterans Claims Salaries and Expenses For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $45,159,000: Provided Public Law 102–229 Department of Defense—Civil Cemeterial Expenses, Army Salaries and expenses For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $2,000 for official reception and representation expenses, $93,400,000, of which not to exceed $15,000,000 shall remain available until September 30, 2025. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies Construction For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, $62,500,000, to remain available until expended, of which $2,500,000 shall be for study, planning and design, and architect and engineering services for Memorial Avenue improvements at Arlington National Cemetery; and $60,000,000 shall be for planning and design and construction associated with the Southern Expansion project at Arlington National Cemetery. Armed Forces Retirement Home Trust Fund For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $75,360,000, to remain available until September 30, 2024, of which $7,300,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi: Provided Major Construction For an additional amount for necessary expenses related to design, planning, and construction for renovation of the Sheridan Building at the Armed Forces Retirement Home—Washington, District of Columbia, $77,000,000, to remain available until expended, shall be paid from the general fund of the Treasury to the Armed Forces Retirement Home Trust Fund. Administrative Provision 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. IV General Provisions 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. 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. 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 404. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. 405. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. 406. None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives. 407. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 408. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 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. 410. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. 411. None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code. This Act may be cited as the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023 June 27, 2022 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023 This bill provides FY2023 appropriations for military construction, the Department of Veterans Affairs (VA), and related agencies. The bill provides appropriations to the Department of Defense (DOD) for military construction for the Army; the Navy and Marine Corps; the Air Force; Defense-wide agencies and activities; the Army and Air National Guard; and the Army, Navy, and Air Force Reserves. The bill also provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program; the Base Closure Account; Construction and Operation and Maintenance of Family Housing for the Army, the Navy and Marine Corps, the Air Force, and Defense-wide agencies and activities; the Family Housing Improvement Fund; and the Military Unaccompanied Housing Improvement Fund. Within the VA budget, the bill provides appropriations for the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, and Departmental Administration. The bill provides appropriations for related agencies and programs, including the American Battle Monuments Commission, the U.S. Court of Appeals for Veterans Claims, Cemeterial Expenses of the Army, and the Armed Forces Retirement Home. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.