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Program may be transferred to any other appropriation 
contained in this Act solely for the purpose of implementing 
a Mentor-Prote´ge´ Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510; 
10 U.S.C. 2302 note), as amended, under the authority of 
this provision or any other transfer authority contained in 
this Act. 
(b) The Secretary of Defense shall include with the 
budget justification documents in support of the budget for 
fiscal year 2024 (as submitted to Congress pursuant to sec-
tion 1105 of title 31, United States Code) a description of 
each transfer under this section that occurred during the 
last fiscal year before the fiscal year in which such budget 
is submitted. 
SEC. 8016. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and 
its departments and agencies) of welded shipboard anchor 
and mooring chain unless the anchor and mooring chain 
are manufactured in the United States from components 
which are substantially manufactured in the United States: 
Provided, That for the purpose of this section, the term 
‘‘manufactured’’ shall include cutting, heat treating, qual-
ity control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That
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for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to 
be produced or manufactured in the United States if the 
aggregate cost of the components produced or manufactured 
in the United States exceeds the aggregate cost of the compo-
nents produced or manufactured outside the United States: 
Provided further, That when adequate domestic supplies are 
not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the Service responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the 
Senate that such an acquisition must be made in order to 
acquire capability for national security purposes. 
SEC. 8017. None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds 
activity of the Department of Defense that procures malt 
beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on 
a military installation located in the United States unless 
such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within 
the District of Columbia, in which the military installation 
is located: Provided, That, in a case in which the military 
installation is located in more than one State, purchases
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† HR 2617 EAS2 
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all 
alcoholic beverages only for military installations in States 
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, 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 Depart-
ment of Defense may be used to demilitarize or dispose of 
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
tarize or destroy small arms ammunition or ammunition 
components that are not otherwise prohibited from commer-
cial sale under Federal law, unless the small arms ammuni-
tion or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe 
for further use. 
SEC. 8019. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during 
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense 
into or within the National Capital Region: Provided, That 
the Secretary of Defense may waive this restriction on a
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† HR 2617 EAS2 
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required 
in the best interest of the Government. 
SEC. 8020. In addition to the funds provided elsewhere 
in this Act, $25,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
contractor or a subcontractor at any tier that makes a sub-
contract 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 individ-
uals defined under section 4221(9) of title 25, United States 
Code, shall be considered a contractor for the purposes of 
being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appro-
priated by an Act making appropriations for the Depart-
ment of Defense with respect to any fiscal year: Provided 
further, That notwithstanding section 1906 of title 41, 
United States Code, this section shall be applicable to any 
Department of Defense acquisition of supplies or services, 
including any contract and any subcontract at any tier for 
acquisition of commercial items produced or manufactured, 
in whole or in part, by any subcontractor or supplier de-
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† HR 2617 EAS2 
fined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or 
individuals defined under section 4221(9) of title 25, 
United States Code. 
SEC. 8021. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon, Minnesota, and Wash-
ington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Moun-
tain Home Air Force Base, Ellsworth Air Force Base, and 
Minot Air Force Base that are excess to the needs of the 
Air Force. 
(b) The Secretary of the Air Force shall convey, at no 
cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of Nevada, Idaho, North Dakota, South Dakota, 
Montana, Oregon, Minnesota, and Washington. Any such 
conveyance shall be subject to the condition that the housing 
units shall be removed within a reasonable period of time, 
as determined by the Secretary.
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(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
ing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic 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 Mainte-
nance, Defense-Wide’’, not less than $20,000,000 shall be 
made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of 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 De-
fense Media Activity shall not be used for any national or 
international political or psychological activities. 
SEC. 8024. Of the amounts appropriated for ‘‘Working 
Capital Fund, Army’’, $115,000,000 shall be available to 
maintain competitive rates at the arsenals.
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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 ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $1,900,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8026. (a) None of the funds appropriated in this 
Act are available to establish a new Department of Defense 
(department) federally funded research and development 
center (FFRDC), either as a new entity, or as a separate 
entity administrated by an organization managing another 
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities.
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† HR 2617 EAS2 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, except when acting 
in a technical advisory capacity, may be compensated for 
his or her services as a member of such entity, or as a paid 
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during the current fiscal year may be used by a defense 
FFRDC, through a fee or other payment mechanism, for 
construction of new buildings not located on a military in-
stallation, for payment of cost sharing for projects funded 
by Government grants, for absorption of contract overruns, 
or for certain charitable contributions, not to include em-
ployee participation in community service and/or develop-
ment. 
(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 profes-
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† HR 2617 EAS2 
sional technical staff-related costs of the defense FFRDCs: 
Provided, That within such funds, not more than 
$446,097,000 shall be available for the defense studies and 
analysis FFRDCs: Provided further, That this subsection 
shall not apply to staff years funded in the National Intel-
ligence Program and the Military Intelligence Program: 
Provided further, That the Secretary of Defense shall, with 
the submission of the department’s fiscal year 2024 budget 
request, submit a report presenting the specific amounts of 
staff years of technical effort to be allocated for each defense 
FFRDC by program during that fiscal year and the associ-
ated budget estimates, by appropriation account and pro-
gram. 
(e) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs is 
hereby reduced by $129,893,000: Provided, That this sub-
section shall not apply to appropriations for the National 
Intelligence Program and Military Intelligence Program. 
SEC. 8027. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives.
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† HR 2617 EAS2 
SEC. 8028. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
SEC. 8029. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8030. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, complies 
with the Buy American Act. For purposes of this subsection,
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† HR 2617 EAS2 
the term ‘‘Buy American Act’’ means chapter 83 of title 
41, United States Code. 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing 
a ‘‘Made in America’’ inscription to any product sold in 
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 4658 of title 10, United States Code, whether the person 
should be debarred from contracting with the Department 
of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-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 facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States 
or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or
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† HR 2617 EAS2 
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 Appro-
priations of the House of Representatives and the Senate 
that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which 
are in being as of the date of the enactment of this Act. 
SEC. 8032. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the 
Secretary’s blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
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† HR 2617 EAS2 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases 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 agree-
ment described in subsection (a)(2), the Trade Agreements 
Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party. 
(c) For purposes of this section, the term ‘‘Buy Amer-
ican 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 do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction
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† HR 2617 EAS2 
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 bear-
ings purchased as end items. 
SEC. 8034. In addition to any other funds made avail-
able for such purposes, there is appropriated $93,500,000, 
for an additional amount for the ‘‘National Defense Stock-
pile Transaction Fund’’, to remain available until Sep-
tember 30, 2025, for activities pursuant to the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.): 
Provided, That none of the funds provided under this sec-
tion may be obligated or expended until 90 days after the 
Secretary of Defense provides the Committees on Appro-
priations of the House of Representatives and the Senate 
a detailed execution plan for such funds. 
SEC. 8035. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8036. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from
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† HR 2617 EAS2 
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 pro-
curement of defense items entered into under section 4851 
of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items pro-
duced in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or 
after the date of the enactment of this Act; and 
(2) options for the procurement of items that are 
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application 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.
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† HR 2617 EAS2 
SEC. 8037. None of the funds made available in this 
Act, or any subsequent Act making appropriations for the 
Department of Defense, may be used for the purchase or 
manufacture of a flag of the United States unless such flags 
are treated as covered items under section 4862(b) of title 
10, United States Code. 
SEC. 8038. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account shall be available 
until expended for the payments specified by section 
2687a(b)(2) of title 10, United States Code. 
SEC. 8039. During the current fiscal year, 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 Sec-
retary of Defense that such action is necessary to meet the 
operational requirements of a Commander of a Combatant 
Command engaged in a named contingency operation over-
seas, such funds may be used to purchase items having an 
investment item unit cost of not more than $500,000. 
SEC. 8040. Up to $13,720,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Regional 
Initiative Program for the purpose of enabling the United
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† HR 2617 EAS2 
States Indo-Pacific Command to execute Theater Security 
Cooperation activities such as humanitarian assistance, 
and payment of incremental and personnel costs of training 
and exercising with foreign security forces: Provided, That 
funds made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8041. The Secretary of Defense shall issue regula-
tions 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 com-
petitive price in the local community: Provided, That such 
regulations shall direct that the prices of tobacco or tobacco- 
related products in overseas military retail outlets shall be 
within the range of prices established for military retail 
system stores located in the United States. 
SEC. 8042. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during
334 
† HR 2617 EAS2 
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable to 
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment 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 Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2024 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation 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 re-
main available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30, 
2024: Provided, That funds appropriated, transferred, or
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† HR 2617 EAS2 
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any 
prior or subsequent fiscal year shall remain available until 
expended: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act 
of 1947 (50 U.S.C. 3093) shall remain available until Sep-
tember 30, 2024: Provided further, That any funds appro-
priated or transferred to the Central Intelligence Agency for 
the construction, improvement, or alteration of facilities, 
including leased facilities, to be used primarily by per-
sonnel of the intelligence community, shall remain available 
until September 30, 2025. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8044. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, $47,000,000 shall be for continued implementation 
and expansion of the Sexual Assault Special Victims’ Coun-
sel 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 pe-
336 
† HR 2617 EAS2 
riod as the appropriations to which the funds are trans-
ferred: Provided further, That this transfer authority is in 
addition to any other transfer authority provided in this 
Act. 
SEC. 8045. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and the Senate that the granting of the 
waiver will reduce the personnel requirements or the finan-
cial 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 impro-
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† HR 2617 EAS2 
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats; 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of biomet-
ric activities and to integrate common biometric tech-
nologies 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 performance 
an activity or function of the Department of Defense that, 
on or after the date of the enactment of this Act, is per-
formed by Department of Defense civilian employees un-
less— 
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient 
and cost effective organization plan developed by such 
activity or function; 
(2) the Competitive Sourcing Official determines 
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or 
function, the cost of performance of the activity or 
function by a contractor would be less costly to the
338 
† HR 2617 EAS2 
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 advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than the amount that is 
paid by the Department of Defense for health 
benefits for civilian employees under chapter 89 
of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwith-
standing any administrative regulation, requirement, or
339 
† HR 2617 EAS2 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial 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 ownership 
by an Indian tribe, as defined in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
nization, 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 out-
sourcing goal, target, or measurement that may be estab-
340 
† HR 2617 EAS2 
lished by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, 
subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial ac-
tivities. 
(RESCISSIONS) 
SEC. 8047. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: Provided, That no amounts may 
be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to a concur-
rent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985: 
‘‘Aircraft 
Procurement, 
Army’’, 
2021/2023, 
$7,300,000; 
‘‘Other 
Procurement, 
Army’’, 
2021/2023, 
$3,177,000; 
‘‘Aircraft Procurement, Air Force’’, 2021/2023, 
$115,804,000; 
‘‘Operation and Maintenance, Defense-Wide’’, 
2022/2023, $105,000,000; 
‘‘Counter-ISIS Train and Equip Fund’’, 2022/ 
2023, $65,000,000;
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‘‘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 Agen-
cy 
Working 
Capital 
Fund’’, 
XXXX/XXXX, 
$30,000,000. 
SEC. 8048. None of the funds available in this Act may 
be used to reduce the authorized positions for military tech-
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† HR 2617 EAS2 
nicians (dual status) of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military techni-
cians (dual status), unless such reductions are a direct re-
sult of a reduction in military force structure. 
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 Democratic 
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-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
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† HR 2617 EAS2 
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. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central 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. 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 Sec-
retary of Defense that it shall serve the national interest, 
the Secretary shall make grants in the amounts specified 
as follows: $24,000,000 to the United Service Organizations 
and $25,000,000 to the Red Cross. 
SEC. 8053. Notwithstanding any other provision in 
this Act, the Small Business Innovation Research program 
and the Small Business Technology Transfer program set-
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† HR 2617 EAS2 
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 De-
fense shall submit to the congressional defense committees, 
concurrent with submission of the budget justification docu-
ments to Congress pursuant to section 1105 of title 31, 
United States Code, a report with a detailed accounting 
of the Small Business Innovation Research program and 
the Small Business Technology Transfer program set-asides 
taken from programs, projects, or activities within such de-
partment, agency, or component during the most recently 
completed fiscal year. 
SEC. 8054. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment 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 ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
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† HR 2617 EAS2 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8055. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8056. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or 
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account;
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† HR 2617 EAS2 
(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 obliga-
tion is not chargeable to a current appropriation of 
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in 
the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account: 
Provided, That the Under Secretary of Defense (Comp-
troller) shall include with the budget of the President for 
fiscal year 2024 (as submitted to Congress pursuant to sec-
tion 1105 of title 31, United States Code) a statement de-
scribing each instance if any, during each of the fiscal years
347 
† HR 2617 EAS2 
2016 through 2023 in which the authority in this section 
was exercised. 
SEC. 8057. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
SEC. 8058. (a) None of the funds appropriated or oth-
erwise 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 
aircraft. 
(b) The limitation under subsection (a) shall not apply 
to an individual C–40 aircraft that the Secretary of the 
Air Force determines, on a case-by-case basis, to be no 
longer mission capable due to a Class A mishap.
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† HR 2617 EAS2 
(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 cer-
tification in writing that the status of such aircraft is due 
to a Class A mishap and not due to lack of maintenance, 
repairs, or other reasons. 
(d) Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the nec-
essary steps taken by the Department of Defense to meet 
the travel requirements for official or representational du-
ties of members of Congress and the Cabinet in fiscal years 
2023 and 2024. 
SEC. 8059. (a) None of the funds appropriated in title 
IV of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use, 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing in accordance with an approved test strategy, and 
test activities preceding and leading to acceptance for oper-
ational use. 
(b) If the number of end-items budgeted with funds ap-
propriated in title IV of this Act exceeds the number re-
quired in an approved test strategy, the Under Secretary 
of Defense (Research and Engineering) and the Under Sec-
349 
† HR 2617 EAS2 
retary of Defense (Acquisition and Sustainment), in coordi-
nation with the responsible Service Acquisition Executive, 
shall certify in writing to the congressional defense commit-
tees that there is a bonafide need for the additional end- 
items at the time of submittal to Congress of the budget 
of the President for fiscal year 2024 pursuant to section 
1105 of title 31, United States Code: Provided, That this 
restriction does not apply to programs funded within the 
National Intelligence Program. 
(c) The Secretary of Defense shall, at the time of the 
submittal to Congress of the budget of the President for fis-
cal year 2024 pursuant to section 1105 of title 31, United 
States Code, submit to the congressional defense committees 
a report detailing the use of funds requested in research, 
development, test and evaluation accounts for end-items 
used in development, prototyping and test activities pre-
ceding and leading to acceptance for operational use: Pro-
vided, That the report shall set forth, for each end item cov-
ered 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 sub-
mittal 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
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† HR 2617 EAS2 
a certification that funds requested for fiscal year 2024 in 
research, development, test and evaluation accounts are in 
compliance with this section: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so. 
SEC. 8060. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military 
family housing units of the Department of Defense, includ-
ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8061. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, 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 an-
nual and total cost, has been provided in writing to the 
congressional defense committees: Provided, That the Sec-
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† HR 2617 EAS2 
retary of Defense may waive this restriction on a case-by- 
case basis by certifying to the congressional defense commit-
tees that it is in the national interest to do so. 
SEC. 8062. The Secretary of Defense shall continue to 
provide a classified quarterly report to the Committees on 
Appropriations of the House of Representatives and the 
Senate, Subcommittees on Defense on certain matters as di-
rected in the classified annex accompanying this Act. 
SEC. 8063. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of the 
National Guard serving on full-time National Guard duty 
under section 502(f) of title 32, United States Code, may 
perform duties in support of the ground-based elements of 
the National Ballistic Missile Defense System. 
SEC. 8064. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary tracer (API–T)’’, except to an entity performing 
demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of
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† HR 2617 EAS2 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of Un-
classified 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 fraternal 
nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or their designee, on a case- 
by-case basis. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8066. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$158,967,374 shall remain available until expended: Pro-
vided, That, notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such funds 
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter
353 
† HR 2617 EAS2 
into and carry out contracts for the acquisition of real 
property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section: 
Provided further, That contracts entered into under the au-
thority of this section may provide for such indemnification 
as the Secretary determines to be necessary: Provided fur-
ther, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as deter-
mined 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-
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 budg-
et request is presented in the unclassified P–1, R–1, 
and O–1 documents supporting the Department of 
Defense budget request; 
(3) the process by which the National Intelligence 
Program appropriations are apportioned to the exe-
cuting agencies; or
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† HR 2617 EAS2 
(4) the process by which the National Intelligence 
Program appropriations are allotted, obligated and 
disbursed. 
(b) Nothing in subsection (a) shall be construed to pro-
hibit the merger of programs or changes to the National 
Intelligence Program budget at or below the Expenditure 
Center level, provided such change is otherwise in accord-
ance 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 fis-
cal reporting, study and develop detailed proposals for al-
ternative financial management processes. Such study shall 
include a comprehensive counterintelligence risk assessment 
to ensure that none of the alternative processes will ad-
versely affect counterintelligence. 
(d) Upon development of the detailed proposals defined 
under subsection (c), the Director of National Intelligence 
and the Secretary of Defense shall— 
(1) provide the proposed alternatives to all af-
fected agencies; 
(2) receive certification from all affected agencies 
attesting that the proposed alternatives will help 
achieve auditability, improve fiscal reporting, and 
will not adversely affect counterintelligence; and
355 
† HR 2617 EAS2 
(3) not later than 30 days after receiving all nec-
essary certifications under paragraph (2), present the 
proposed alternatives and certifications to the con-
gressional defense and intelligence committees. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8068. In addition to amounts made available 
elsewhere in this Act, $200,000,000 is hereby appropriated 
to the Department of Defense and made available for trans-
fer to operation and maintenance accounts, procurement 
accounts, and research, development, test and evaluation ac-
counts only for those efforts by the United States Africa 
Command or United States Southern Command to expand 
cooperation or improve the capabilities of our allies and 
partners in their areas of operation: Provided, That none 
of the funds provided under this section may be obligated 
or expended until 60 days after the Secretary of Defense 
provides to the congressional defense committees an execu-
tion plan: Provided further, That not less than 30 days 
prior to any transfer of funds, the Secretary of Defense shall 
notify the congressional defense committees of the details of 
any such transfer: Provided further, That upon transfer, the 
funds shall be merged with and available for the same pur-
poses, and for the same time period, as the appropriation 
to which transferred: Provided further, That the transfer
356 
† HR 2617 EAS2 
authority provided under this section is in addition to any 
other transfer authority provided elsewhere in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. During the current fiscal year, not to 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 ‘‘Operation and 
Maintenance, Air Force’’ may be transferred by the mili-
tary department concerned to its central fund established 
for Fisher Houses and Suites pursuant to section 2493(d) 
of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8070. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Navy’’, up to $1,000,000 shall be 
available for transfer to the John C. Stennis Center for Pub-
lic Service Development Trust Fund established under sec-
tion 116 of the John C. Stennis Center for Public Service 
Training and Development Act (2 U.S.C. 1105). 
SEC. 8071. None of the funds available to the Depart-
ment of Defense may be obligated to modify command and 
control relationships to give Fleet Forces Command oper-
ational and administrative control of United States Navy 
forces assigned to the Pacific fleet: Provided, That the com-
mand and control relationships which existed on October 
1, 2004, shall remain in force until a written modification
357 
† HR 2617 EAS2 
has been proposed to the Committees on Appropriations of 
the House of Representatives and the Senate: Provided fur-
ther, That the proposed modification may be implemented 
30 days after the notification unless an objection is received 
from either the House or Senate Appropriations Commit-
tees: Provided further, That any proposed modification 
shall not preclude the ability of the commander of United 
States Indo-Pacific Command to meet operational require-
ments. 
SEC. 8072. Any notice that is required to be submitted 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate under section 3601 of title 10, 
United States Code, as added by section 804(a) of the James 
M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023, after the date of the enactment of this Act shall 
be submitted pursuant to that requirement concurrently to 
the Subcommittees on Defense of the Committees on Appro-
priations of the House of Representatives and the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’, 
$500,000,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $80,000,000 shall be for the 
Secretary of Defense to provide to the Government of Israel
358 
† HR 2617 EAS2 
for the procurement of the Iron Dome defense system to 
counter short-range rocket threats, subject to the U.S.-Israel 
Iron 
Dome 
Procurement 
Agreement, 
as 
amended; 
$127,000,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, including cruise missile de-
fense research and development under the SRBMD pro-
gram; $40,000,000 shall be for co-production activities of 
SRBMD systems in the United States and in Israel to meet 
Israel’s defense requirements consistent with each nation’s 
laws, regulations, and procedures, subject to the U.S.-Israeli 
co-production agreement for SRBMD, as amended; 
$80,000,000 shall be for an upper-tier component to the 
Israeli Missile Defense Architecture, of which $80,000,000 
shall be for co-production activities of Arrow 3 Upper Tier 
systems in the United States and in Israel to meet Israel’s 
defense requirements consistent with each nation’s laws, 
regulations, and procedures, subject to the U.S.-Israeli co- 
production agreement for Arrow 3 Upper Tier, as amended; 
and $173,000,000 shall be for the Arrow System Improve-
ment Program including development of a long range, 
ground and airborne, detection suite: Provided further, 
That the transfer authority provided under this provision 
is in addition to any other transfer authority contained in 
this Act.
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† HR 2617 EAS2 
SEC. 8074. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$1,312,646,000 shall be available until September 30, 2023, 
to fund prior year shipbuilding cost increases for the fol-
lowing programs: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2013/2023: Carrier Replacement Pro-
gram, $461,700,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2015/2023: Virginia Class Submarine 
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; 
(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 Submarine 
Program, $58,642,000;
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† HR 2617 EAS2 
(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 Overhauls, 
$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; 
(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;
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† HR 2617 EAS2 
(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; 
(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 Submarine 
Program, $200,000,000; and
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† HR 2617 EAS2 
(23) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2021/2023: Towing, Salvage, and 
Rescue Ship Program, $15,727,000. 
SEC. 8075. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities and intelligence-related activities not otherwise 
authorized in the Intelligence Authorization Act for Fiscal 
Year 2023 are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 3094). 
SEC. 8076. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or 
activity must be undertaken immediately in the interest of 
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8077. In addition to amounts provided elsewhere 
in this Act, $5,000,000 is hereby appropriated to the De-
partment of Defense, to remain available for obligation 
until expended: Provided, That notwithstanding any other 
provision of law, that upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and fur-
363 
† HR 2617 EAS2 
nishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary. 
SEC. 8078. None of the funds in this Act may be used 
for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile de-
fense system. 
SEC. 8079. None of the funds made available by this 
Act may be obligated or expended for the purpose of decom-
missioning the USS Fort Worth, the USS Wichita, the USS 
Billings, the USS Indianapolis, or the USS St. Louis. 
SEC. 8080. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8081. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence activities: Provided, That information pertaining to
364 
† HR 2617 EAS2 
United States persons shall only be handled in accordance 
with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Execu-
tive Order No. 12333. 
SEC. 8082. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
quisition, or other program authority relating to current 
tactical unmanned aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aerial 
Vehicle (UAV) in order to support the Secretary of Defense 
in matters relating to the employment of unmanned aerial 
vehicles. 
SEC. 8083. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
tember 30, 2024, and except for funds appropriated for the 
purchase of real property, which shall remain available 
until September 30, 2025. 
SEC. 8084. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same
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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 request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion 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 cer-
tifies in writing to the congressional intelligence committees
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that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8086. Any transfer of amounts appropriated to 
the Department of Defense Acquisition Workforce Develop-
ment Account in or for fiscal year 2023 to a military de-
partment or Defense Agency pursuant to section 1705(e)(1) 
of title 10, United States Code, shall be covered by and sub-
ject to section 8005 of this Act. 
SEC. 8087. (a) None of the funds provided for the Na-
tional Intelligence Program in this or any prior appropria-
tions Act shall be available for obligation or expenditure 
through a reprogramming or transfer of funds in accord-
ance with section 102A(d) of the National Security Act of 
1947 (50 U.S.C. 3024(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
(3) transfers funding into or out of the National 
Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are 
notified 30 days in advance of such reprogramming 
of funds; this notification period may be reduced for 
urgent national security requirements.
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(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 sec-
tion 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 accom-
panying the Act unless the congressional intelligence com-
mittees are notified 30 days in advance of such reprogram-
ming of funds; this notification period may be reduced for 
urgent national security requirements. 
SEC. 8088. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agency 
that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less 
than 45 days.
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SEC. 8089. (a) None of the funds appropriated or oth-
erwise made available by this Act may be expended for any 
Federal contract for an amount in excess of $1,000,000, un-
less the contractor agrees not to— 
(1) enter into any agreement with any of its em-
ployees or independent contractors that requires, as a 
condition of employment, that the employee or inde-
pendent contractor agree to 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 sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion; or 
(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 arbitration 
any claim under title VII of the Civil Rights Act of 
1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion.
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(b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal con-
tract unless the contractor certifies that it requires each cov-
ered subcontractor to agree not to enter into, and not to 
take any action to enforce any provision of, any agreement 
as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor per-
forming work related to such subcontract. For purposes of 
this subsection, a ‘‘covered subcontractor’’ is an entity that 
has a subcontract in excess of $1,000,000 on a contract sub-
ject 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 en-
forced in a court of the United States. 
(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 waiv-
er and for the contract or subcontract term selected, and
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† HR 2617 EAS2 
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 Sec-
retary of Defense shall transmit to Congress, and simulta-
neously make public, any determination under this sub-
section not less than 15 business days before the contract 
or subcontract addressed in the determination may be 
awarded. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. From within the funds appropriated for 
operation and maintenance for the Defense Health Program 
in this Act, up to $168,000,000, shall be available for trans-
fer to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund in ac-
cordance with the provisions of section 1704 of the National 
Defense Authorization Act for Fiscal Year 2010, Public Law 
111–84: Provided, That for purposes of section 1704(b), the 
facility operations funded are operations of the integrated 
Captain James A. Lovell Federal Health Care Center, con-
sisting of the North Chicago Veterans Affairs Medical Cen-
ter, the Navy Ambulatory Care Center, and supporting fa-
cilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110–417: Pro-
vided further, That additional funds may be transferred 
from funds appropriated for operation and maintenance for
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the Defense Health Program to the Joint Department of De-
fense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Sec-
retary of Defense to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 8091. None of the funds appropriated or other-
wise made available by this Act may be used by the Depart-
ment of Defense or a component thereof in contravention 
of the provisions of section 130h of title 10, United States 
Code. 
SEC. 8092. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy and 
light armored vehicles for the physical security of personnel 
or for force protection purposes up to a limit of $450,000 
per vehicle, notwithstanding price or other limitations ap-
plicable 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 require-
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† HR 2617 EAS2 
ments, than those for which originally appropriated and 
in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That a 
request for multiple reprogrammings of funds using author-
ity 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 sec-
tion 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 
57100): Provided, That such amounts are available for re-
imbursements to the Ready Reserve Force, Maritime Ad-
ministration account of the United States Department of 
Transportation for programs, projects, activities, and ex-
penses related to the National Defense Reserve Fleet: Pro-
vided further, That notwithstanding section 2218 of title 10, 
United States Code, none of these funds shall be transferred 
to the National Defense Sealift Fund for execution. 
SEC. 8095. The Secretary of Defense shall post grant 
awards on a public website in a searchable format. 
SEC. 8096. None of the funds made available by this 
Act may be used by the National Security Agency to—
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† HR 2617 EAS2 
(1) conduct an acquisition pursuant to section 
702 of the Foreign Intelligence Surveillance Act of 
1978 for the purpose of targeting a United States per-
son; or 
(2) acquire, monitor, or store the contents (as 
such term is defined in section 2510(8) of title 18, 
United States Code) of any electronic communication 
of a United States person from a provider of elec-
tronic communication services to the public pursuant 
to section 501 of the Foreign Intelligence Surveillance 
Act of 1978. 
SEC. 8097. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of any agency funded by this Act who 
approves or implements the transfer of administrative 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 without 
the express authorization of Congress: Provided, That this 
limitation shall not apply to transfers of funds expressly 
provided for in Defense Appropriations Acts, or provisions 
of Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8098. Of the amounts appropriated in this Act 
for ‘‘Operation and Maintenance, Navy’’, $589,325,000, to
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remain available until expended, may be used for any pur-
poses related to the National Defense Reserve Fleet estab-
lished 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 De-
partment of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve 
Fleet. 
SEC. 8099. None of the funds made available by this 
Act may be used for Government Travel Charge Card ex-
penses by military or civilian personnel of the Department 
of Defense for gaming, or for entertainment that includes 
topless or nude entertainers or participants, as prohibited 
by Department of Defense FMR, Volume 9, Chapter 3 and 
Department of Defense Instruction 1015.10 (enclosure 3, 
14a and 14b). 
SEC. 8100. (a) None of the funds provided in this Act 
for the TAO Fleet Oiler program shall be used to award 
a new contract that provides for the acquisition of the fol-
lowing components unless those components are manufac-
tured in the United States: Auxiliary equipment (including 
pumps) for shipboard services; propulsion equipment (in-
cluding engines, reduction gears, and propellers); shipboard
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† HR 2617 EAS2 
cranes; spreaders for shipboard cranes; and anchor chains, 
specifically for the seventh and subsequent ships of the fleet. 
(b) None of the funds provided in this Act for the 
FFG(X) Frigate program shall be used to award a new con-
tract that provides for the acquisition of the following com-
ponents unless those components are manufactured in the 
United States: Air circuit breakers; gyrocompasses; elec-
tronic navigation chart systems; steering controls; pumps; 
propulsion and machinery control systems; totally enclosed 
lifeboats; auxiliary equipment pumps; shipboard cranes; 
auxiliary chill water systems; and propulsion propellers: 
Provided, That the Secretary of the Navy shall incorporate 
United States manufactured propulsion engines and pro-
pulsion reduction gears into the FFG(X) Frigate program 
beginning not later than with the eleventh ship of the pro-
gram. 
SEC. 8101. None of the funds provided in this Act for 
requirements development, performance specification devel-
opment, concept design and development, ship configura-
tion development, systems engineering, naval architecture, 
marine engineering, operations research analysis, industry 
studies, preliminary design, development of the Detailed 
Design and Construction Request for Proposals solicitation 
package, or related activities for the T–ARC(X) Cable Lay-
ing and Repair Ship or the T–AGOS(X) Oceanographic
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Surveillance Ship may be used to award a new contract 
for such activities unless these contracts include specifica-
tions that all auxiliary equipment, including pumps and 
propulsion shafts, are manufactured in the United States. 
SEC. 8102. No amounts credited or otherwise made 
available in this or any other Act to the Department of De-
fense Acquisition Workforce Development Account may be 
transferred to: 
(1) the Rapid Prototyping Fund established 
under section 804(d) of the National Defense Author-
ization Act for Fiscal Year 2016 (10 U.S.C. 2302 
note); or 
(2) credited to a military-department specific 
fund established under section 804(d)(2) of the 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 De-
fense in the United States Central Command area of re-
sponsibility: (1) passenger motor vehicles up to a limit of 
$75,000 per vehicle; and (2) heavy and light armored vehi-
cles for the physical security of personnel or for force protec-
tion purposes up to a limit of $450,000 per vehicle, notwith-
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† HR 2617 EAS2 
standing price or other limitations applicable to the pur-
chase 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-
cluding intelligence activities. 
SEC. 8105. None of the funds provided for, or otherwise 
made available, in this or any other Act, may be obligated 
or expended by the Secretary of Defense to provide motor-
ized vehicles, aviation platforms, munitions other than 
small arms and munitions appropriate for customary cere-
monial honors, operational military units, or operational 
military platforms if the Secretary determines that pro-
viding such units, platforms, or equipment would under-
mine the readiness of such units, platforms, or equipment. 
SEC. 8106. (a) None of the funds made available by 
this or any other Act may be used to enter into a contract, 
memorandum of understanding, or cooperative agreement 
with, make a grant to, or provide a loan or loan guarantee
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† HR 2617 EAS2 
to any corporation that has any unpaid Federal tax liabil-
ity that has been assessed, for which all judicial and admin-
istrative remedies have been exhausted or have lapsed, and 
that is not being paid in a timely manner pursuant to an 
agreement with the authority responsible for collecting such 
tax liability, provided that the applicable Federal agency 
is aware of the unpaid Federal tax liability. 
(b) Subsection (a) shall not apply if the applicable 
Federal agency has considered suspension or debarment of 
the corporation described in such subsection and has made 
a determination that such suspension or debarment is not 
necessary to protect the interests of the Federal Government. 
SEC. 8107. (a) Amounts appropriated under title IV 
of this Act, as detailed in budget activity eight of the ‘‘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 eval-
uation, procurement, production, modification, and oper-
ation 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);
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(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-
gated or expended to initiate additional Software and Dig-
ital Technology Pilot Programs in fiscal year 2023. 
SEC. 8108. In addition to amounts provided elsewhere 
in this Act, there is appropriated $686,500,000, for an ad-
ditional amount for ‘‘Operation and Maintenance, Defense- 
Wide’’, to remain available until expended: Provided, That 
such funds shall only be available to the Secretary of De-
fense, acting through the Office of Local Defense Community 
Cooperation of the Department of Defense, or for transfer 
to the Secretary of Education, notwithstanding any other 
provision of law, to make grants, conclude cooperative 
agreements, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: Pro-
vided further, That in making such funds available, the Of-
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† HR 2617 EAS2 
fice of Local Defense Community Cooperation or the Sec-
retary of Education shall give priority consideration to 
those military installations with schools having the most 
serious capacity or facility condition deficiencies as deter-
mined by the Secretary of Defense: Provided further, That 
as a condition of receiving funds under this section a local 
educational agency or State shall provide a matching share 
as described in the notice titled ‘‘Department of Defense 
Program for Construction, Renovation, Repair or Expan-
sion of Public Schools Located on Military Installations’’ 
published by the Department of Defense in the Federal Reg-
ister on September 9, 2011 (76 Fed. Reg. 55883 et seq.): 
Provided further, That these provisions apply to funds pro-
vided under this section, and to funds previously provided 
by Congress to construct, renovate, repair, or expand ele-
mentary and secondary public schools on military installa-
tions in order to address capacity or facility condition defi-
ciencies at such schools to the extent such funds remain un-
obligated on the date of enactment of this section. 
SEC. 8109. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United 
Nations Convention Against Torture and Other Cruel, In-
human or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
381 
† HR 2617 EAS2 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Federal 
Regulations, and part 95 of title 22, Code of Federal 
Regulations. 
(3) Sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic 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 Sec-
retary of Defense, with the concurrence of the Secretary of 
State, to provide assistance, including training; equipment; 
lethal assistance; logistics support, supplies and services; 
salaries and stipends; sustainment; and intelligence support 
to the military and national security forces of Ukraine, and 
to other forces or groups recognized by and under the au-
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† HR 2617 EAS2 
thority of the Government of Ukraine, including govern-
mental entities within Ukraine, engaged in resisting Rus-
sian aggression against Ukraine, for replacement of any 
weapons or articles provided to the Government of Ukraine 
from the inventory of the United States, and to recover or 
dispose of equipment procured using funds made available 
in this section in this or prior Acts: Provided further, That 
the Secretary of Defense shall, not less than 15 days prior 
to obligating funds made available in this section, notify 
the congressional defense committees in writing of the de-
tails of any such obligation: Provided further, That the Sec-
retary 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 pro-
vided to other forces or groups recognized by and under the 
authority of the Government of Ukraine: Provided further, 
That the United States may accept equipment procured 
using funds made available in this section in this or prior 
Acts transferred to the security forces of Ukraine and re-
turned by such forces to the United States: Provided further, 
That equipment procured using funds made available in 
this section in this or prior Acts, and not yet transferred 
to the military or national security forces of Ukraine or
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† HR 2617 EAS2 
to other assisted entities, or returned by such forces or other 
assisted entities to the United States, may be treated as 
stocks of the Department of Defense upon written notifica-
tion to the congressional defense committees: Provided fur-
ther, That the Secretary of Defense shall provide quarterly 
reports to the congressional defense committees on the use 
and status of funds made available in this section. 
SEC. 8111. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not 
to exceed $350,000,000 for purposes specified in section 
2350j(c) of title 10, United States Code, in anticipation of 
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That, such contributions 
shall, upon receipt, be credited to the appropriations or 
fund which incurred such obligations. 
SEC. 8112. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, for the Defense Security Cooperation Agency, 
$1,510,260,000, to remain available until September 30, 
2024, shall be available for International Security Coopera-
tion Programs and other programs to provide support and 
assistance to foreign security forces or other groups or indi-
viduals to conduct, support or facilitate counterterrorism, 
crisis response, or building partner capacity programs: 
Provided, That the Secretary of Defense shall, not less than
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† HR 2617 EAS2 
15 days prior to obligating funds made available in this 
section, notify the congressional defense committees in writ-
ing of the details of any planned obligation: Provided fur-
ther, That the Secretary of Defense shall provide quarterly 
reports to the Committees on Appropriations of the House 
of Representatives and the Senate on the use and status of 
funds made available in this section. 
SEC. 8113. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, for the Defense Security Cooperation Agency, 
$410,000,000, to remain available until September 30, 
2024, shall be available to reimburse Jordan, Lebanon, 
Egypt, Tunisia, and Oman under section 1226 of the 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, no-
tify the congressional defense committees in writing of the 
details of any planned obligation and the nature of the ex-
penses incurred: Provided further, That the Secretary of De-
fense shall provide quarterly reports to the Committees on 
Appropriations of the House of Representatives and the 
Senate on the use and status of funds made available in 
this section.
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† HR 2617 EAS2 
SEC. 8114. None of the funds made available by this 
Act may be used in contravention of the War Powers Reso-
lution (50 U.S.C. 1541 et seq.). 
SEC. 8115. None of the funds made available by this 
Act for excess defense articles, assistance under section 333 
of title 10, United States Code, or peacekeeping operations 
for the countries designated annually to be in violation of 
the standards of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c–1) may be used to 
support any military training or operation that includes 
child soldiers, as defined by the Child Soldiers Prevention 
Act of 2008, unless such assistance is otherwise permitted 
under section 404 of the Child Soldiers Prevention Act of 
2008. 
SEC. 8116. None of the funds made available by this 
Act may be made available for any member of the Taliban. 
SEC. 8117. Notwithstanding any other provision of 
law, any transfer of funds, appropriated or otherwise made 
available by this Act, for support to friendly foreign 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. (a) None of the funds appropriated or oth-
erwise made available by this or any other Act may be used
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† HR 2617 EAS2 
by the Secretary of Defense, or any other official or officer 
of the Department of Defense, to enter into a contract, 
memorandum of understanding, or cooperative agreement 
with, or make a grant to, or provide a loan or loan guar-
antee 
to 
Rosoboronexport 
or 
any 
subsidiary 
of 
Rosoboronexport. 
(b) The Secretary of Defense may waive the limitation 
in subsection (a) if the Secretary, in consultation with the 
Secretary of State and the Director of National Intelligence, 
determines that it is in the vital national security interest 
of the United States to do so, and certifies in writing to 
the congressional defense committees that— 
(1) Rosoboronexport has ceased the transfer of le-
thal 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 control of the 
Government of Ukraine over eastern Ukraine. 
(c) The Inspector General of the Department of Defense 
shall 
conduct 
a 
review 
of 
any 
action 
involving 
Rosoboronexport with respect to a waiver issued by the Sec-
retary of Defense pursuant to subsection (b), and not later
387 
† HR 2617 EAS2 
than 90 days after the date on which such a waiver is issued 
by the Secretary of Defense, the Inspector General shall sub-
mit to the congressional defense committees a report con-
taining the results of the review conducted with respect to 
such waiver. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8119. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$1,000,000,000, to remain available until September 30, 
2024, is hereby appropriated to the Department of Defense 
and made available for transfer only to other appropria-
tions available to the Department of Defense in Department 
of Defense Appropriations Acts: Provided, That such funds 
shall be available to the Secretary of Defense for the purpose 
of conducting activities relating to improvements of infra-
structure and defueling at the Red Hill Bulk Fuel Storage 
Facility: Provided further, That amounts transferred pur-
suant to this appropriation shall be merged with, and be 
available for the same purposes and time period as the ap-
propriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred 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
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† HR 2617 EAS2 
addition to any other transfer authority provided by law: 
Provided further, That not less than 30 days prior to any 
transfer of funds pursuant to this section, the Secretary of 
Defense shall notify the congressional defense committees of 
the details of any such transfer: Provided further, That not 
later than 60 days after the enactment of this Act and every 
30 days thereafter through fiscal year 2024, the Secretary 
of Defense shall submit a report to the Committees on Ap-
propriations of the House of Representatives and Senate, 
setting forth all categories and amounts of obligations and 
expenditures made under the authority provided in this sec-
tion. 
SEC. 8120. (a) Notwithstanding section 2215 of title 
10, United States Code, the Secretary of Defense may trans-
fer to the Secretary of State, for use by the United States 
Agency for International Development, amounts to be used 
for the Bien Hoa dioxin cleanup in Vietnam. 
(b) Not more than $15,000,000 may be transferred in 
each of fiscal years 2024 through 2030 under the transfer 
authority in subsection (a). 
(c) The transfer authority in subsection (a) is in addi-
tion to any other transfer authority available to the Depart-
ment of Defense. 
(d) If the Secretary of Defense determines to use the 
transfer authority in subsection (a), the Secretary shall no-
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† HR 2617 EAS2 
tify the congressional defense committees of that determina-
tion 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 De-
partment of Defense and made available for transfer to the 
procurement and research, development, test and evaluation 
accounts of the Army, Navy, Marine Corps, Air Force, and 
Space Force to reflect revised economic assumptions: Pro-
vided, That the transfer authority provided under this sec-
tion is in addition to any other transfer authority provided 
elsewhere in this Act: Provided further, That none of the 
funds provided under this section may be obligated or ex-
pended until 30 days after the Secretary of Defense provides 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate a detailed execution plan for 
such funds. 
SEC. 8122. Notwithstanding any other provision of 
this Act, to reflect savings due to favorable foreign exchange 
rates, the total amount appropriated in this Act is hereby 
reduced by $956,400,000. 
SEC. 8123. Equipment procured using funds provided 
in prior Acts under the heading ‘‘Counterterrorism Part-
390 
† HR 2617 EAS2 
nerships Fund’’ for the program authorized by section 1209 
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291), or under the heading ‘‘Iraq Train and 
Equip Fund’’ for the program authorized by section 1236 
of such Act, and not yet transferred to authorized recipients 
may be transferred to foreign security forces, irregular 
forces, groups, or individuals, authorized to receive assist-
ance using amounts provided under the heading ‘‘Counter- 
ISIS Train and Equip Fund’’ in this Act: Provided, That 
such equipment may be transferred 15 days following writ-
ten notification to the congressional defense committees. 
SEC. 8124. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, for the Defense Security Cooperation Agency, 
$25,000,000, to remain available until September 30, 2024, 
shall be for payments to reimburse key cooperating nations 
for logistical, military, and other support, including access, 
provided to United States military and stability operations 
to counter the Islamic State of Iraq and Syria: Provided, 
That such reimbursement payments may be made in such 
amounts as the Secretary of Defense, with the concurrence 
of the Secretary of State, and in consultation with the Di-
rector of the Office of Management and Budget, may deter-
mine, based on documentation determined by the Secretary
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† HR 2617 EAS2 
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 fol-
lowing written notification to the appropriate congressional 
committees: Provided further, That these funds may be used 
for the purpose of providing specialized training and pro-
curing supplies and specialized equipment and providing 
such supplies and loaning such equipment on a non-reim-
bursable 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 no-
tification to the appropriate congressional committees: Pro-
vided further, That the Secretary of Defense shall provide 
quarterly reports to the Committees on Appropriations of 
the House of Representatives and the Senate on the use and 
status of funds made available in this section. 
SEC. 8125. In carrying out the program described in 
the memorandum on the subject of ‘‘Policy for Assisted Re-
productive Services for the Benefit of Seriously or Severely 
Ill/Injured (Category II or III) Active Duty Service Mem-
bers’’ issued by the Assistant Secretary of Defense for 
Health Affairs on April 3, 2012, and the guidance issued 
to implement such memorandum, the Secretary of Defense 
shall apply such policy and guidance, except that—
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† HR 2617 EAS2 
(1) the limitation on periods regarding embryo 
cryopreservation and storage set forth in part III(G) 
and in part IV(H) of such memorandum shall not 
apply; and 
(2) the term ‘‘assisted reproductive technology’’ 
shall include embryo cryopreservation and storage 
without 
limitation 
on 
the 
duration 
of 
such 
cryopreservation and storage. 
SEC. 8126. None of the funds appropriated or other-
wise made available by this Act may be used to transfer 
the National Reconnaissance Office to the Space Force: Pro-
vided, That nothing in this Act shall be construed to limit 
or prohibit cooperation, collaboration, and coordination be-
tween the National Reconnaissance Office and the Space 
Force or any other elements of the Department of Defense. 
SEC. 8127. Funds awarded pursuant to the authority 
in section 8085 of the Department of Defense 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 limita-
tions. 
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-
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† HR 2617 EAS2 
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 notifica-
tion shall include the amount of the contribution; the pur-
pose for which such contribution was made; and the author-
ity under which such contribution was accepted by the Sec-
retary of Defense: Provided further, That not fewer than 
15 days prior to obligating such funds, the Secretary of De-
fense shall submit to the congressional defense committees 
in writing a notification of the planned use of such con-
tributions, including whether such contributions would sup-
port existing or new stationing or operations of the United 
States Armed Forces. 
SEC. 8129. (a) The Chairman of the Joint Chiefs, in 
coordination with the Secretaries of the military 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 des-
ignated by the Secretary of Defense as unplanned activities 
for fiscal year 2023. 
(b) Each report required by subsection (a) shall also 
include—
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† HR 2617 EAS2 
(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 par-
ticipants); 
(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 ac-
tivity or exercise. 
(c) The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified 
annex. 
SEC. 8130. Not later than 15 days after the date on 
which any foreign base that involves the stationing or oper-
ations of the United States Armed Forces, including a tem-
porary base, permanent base, or base owned and operated 
by a foreign country, is opened or closed, the Secretary of 
Defense shall notify the congressional defense committees in 
writing of the opening or closing of such base: Provided, 
That such notification shall also include information on 
any personnel changes, costs, and savings associated with 
the opening or closing of such base.
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† HR 2617 EAS2 
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.), includ-
ing for the introduction of United States Armed Forces into 
hostilities in Iraq, into situations in Iraq where imminent 
involvement in hostilities is clearly indicated by the cir-
cumstances, or into Iraqi territory, airspace, or waters 
while equipped for combat, in contravention of the congres-
sional consultation and reporting requirements of sections 
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). 
SEC. 8132. None of the funds made available by this 
Act may be used with respect to Syria in contravention of 
the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
ing 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 indi-
cated by the circumstances, or into Syrian territory, air-
space, or waters while equipped for combat, in contraven-
tion of the congressional consultation and reporting require-
ments of sections 3 and 4 of that law (50 U.S.C. 1542 and 
1543). 
SEC. 8133. Nothing in this Act may be construed as 
authorizing the use of force against Iran or the Democratic 
People’s Republic of Korea.
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† HR 2617 EAS2 
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 sta-
tioning of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq or Syria. 
SEC. 8135. None of the funds made available by this 
Act under the heading ‘‘Counter-ISIS Train and Equip 
Fund’’, and under the heading ‘‘Operation and 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. Up to $500,000,000 of funds appropriated 
by this Act for the Defense Security Cooperation Agency 
in ‘‘Operation and Maintenance, Defense-Wide’’ may be 
used to provide assistance to the Government of Jordan to 
support the armed forces of Jordan and to enhance security 
along its borders. 
SEC. 8137. None of the funds made available by this 
Act may be used to support any activity conducted by, or 
associated with, the Wuhan Institute of Virology.
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† HR 2617 EAS2 
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. 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 Fis-
cal Year 2016 (Public Law 114–92) and section 1035 of 
the John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232). 
SEC. 8141. (a) None of the funds appropriated or oth-
erwise made available in this or any other Act may be used
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† HR 2617 EAS2 
to construct, acquire, or modify any facility in the United 
States, its territories, or possessions to house any individual 
described in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control 
of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, 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. 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, 
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
399 
† HR 2617 EAS2 
by the government of China unless the Secretary of Defense 
determines that a waiver to such prohibition is in the na-
tional security interests of the United States and, not later 
than 14 days after granting such a waiver, submits to the 
congressional defense committees a detailed justification for 
the waiver, including— 
(1) an identification of the Department of 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. 
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 fis-
cal year 2023 pursuant to the transfer authority in section 
102(b)(1) of the CHIPS Act of 2022 (division A of Public
400 
† HR 2617 EAS2 
Law 117–167), to the account specified, in the amounts 
specified, and for the projects and activities specified, in 
the table titled ‘‘Department of Defense Allocation of Funds: 
CHIPS and Science Act Fiscal Year 2023’’ in the explana-
tory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act). 
(b) Neither the President nor his designee may allocate 
any amounts that are made available for any fiscal year 
under section 102(b)(2) of the CHIPS Act of 2022 if there 
is in effect an Act making or continuing appropriations 
for part of a fiscal year for the Department of Defense: Pro-
vided, That in any fiscal year, the matter preceding this 
proviso shall not apply to the allocation, apportionment, 
or allotment of amounts for continuing administration of 
programs allocated using funds transferred from the 
CHIPS for America Defense Fund, which may be allocated 
pursuant to the transfer authority in section 102(b)(1) of 
the CHIPS Act of 2022 only in amounts that are no more 
than the allocation for such purposes in subsection (a) of 
this section. 
(c) The Secretary of Defense may reallocate funds allo-
cated by subsection (a) of this section, subject to the terms 
and conditions contained in the provisos in section 8005 
of this Act: Provided, That amounts may be reallocated pur-
suant to this subsection only for those requirements nec-
401 
† HR 2617 EAS2 
essary to carry out section 9903(b) of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283). 
(d) Concurrent with the annual budget submission of 
the President for fiscal year 2024, the Secretary of Defense 
shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate proposed alloca-
tions by account and by program, project, or activity, with 
detailed justifications, for amounts made available under 
section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 
2024. 
(e) The Department of Defense shall provide the Com-
mittees on Appropriations of the House of Representatives 
and Senate quarterly reports on the status of balances of 
projects and activities funded by the CHIPS for America 
Defense Fund for amounts allocated pursuant to subsection 
(a) of this section, including all uncommitted, committed, 
and unobligated funds. 
SEC. 8145. The Secretary of the Navy shall continue 
to provide pay and allowances to Lieutenant Ridge Alkonis, 
United States Navy, until such time as the Secretary of 
the Navy makes a determination with respect to the separa-
tion of Lieutenant Alkonis from the Navy. 
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2023’’.
402 
† HR 2617 EAS2 
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 related needs; 
for surveys and detailed studies, and plans and specifica-
tions of proposed river and harbor, flood and storm damage 
reduction, shore protection, and aquatic ecosystem restora-
tion projects, and related efforts prior to construction; for 
restudy of authorized projects; and for miscellaneous inves-
tigations, and, when authorized by law, surveys and de-
tailed studies, and plans and specifications of projects prior
403 
† HR 2617 EAS2 
to construction, $172,500,000, to remain available until ex-
pended: Provided, That the Secretary shall not deviate from 
the work plan, once the plan has been submitted to the Com-
mittees 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 specifications, 
shall not constitute a commitment of the Government to 
construction); $1,808,800,000, to remain available until ex-
pended; 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 Mate-
rial Disposal Facilities program; and of which such sums 
as are necessary to cover 35 percent of the costs of construc-
tion, replacement, rehabilitation, and expansion of inland 
waterways projects shall be derived from the Inland Water-
ways Trust Fund, except as otherwise specifically provided 
for in law: Provided, That the Secretary shall not deviate 
from the work plan, once the plan has been submitted to
404 
† HR 2617 EAS2 
the Committees on Appropriations of both Houses of Con-
gress. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River alluvial 
valley below Cape Girardeau, Missouri, as authorized by 
law, $370,000,000, to remain available until expended, of 
which $15,390,000, to be derived from the Harbor Mainte-
nance Trust Fund, shall be to cover the Federal share of 
eligible operation and maintenance costs for inland harbors: 
Provided, That the Secretary shall not deviate from the 
work plan, once the plan has been submitted to the Commit-
tees on Appropriations of both Houses of Congress. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
age reduction, aquatic ecosystem restoration, and related 
projects authorized by law; providing security for infra-
structure owned or operated by the Corps, including admin-
istrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public 
agency that serve essential navigation needs of general com-
merce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; 
clearing and straightening channels; and removing obstruc-
405 
† HR 2617 EAS2 
tions to navigation, $5,078,500,000, to remain available 
until expended, of which $2,227,092,000, to be derived from 
the Harbor Maintenance Trust Fund, shall be to cover the 
Federal share of eligible operations and maintenance costs 
for coastal harbors and channels, and for inland harbors; 
of which such sums as become available from the special 
account for the Corps of Engineers established by the Land 
and Water Conservation Fund Act of 1965 shall be derived 
from that account for resource protection, research, inter-
pretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is avail-
able; of which such sums as become available from fees col-
lected 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 sub-
section (c) of section 2106 of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 2238c) and shall 
be designated as being for such purpose pursuant to para-
graph (2)(B) of section 14003 of division B of the 
Coronavirus Aid, Relief, and Economic Security Act (Pub-
lic Law 116–136): Provided, That 1 percent of the total 
amount of funds provided for each of the programs, projects, 
or activities funded under this heading shall not be allo-
406 
† HR 2617 EAS2 
cated to a field operating activity prior to the beginning 
of the fourth quarter of the fiscal year and shall be available 
for use by the Chief of Engineers to fund such emergency 
activities as the Chief of Engineers determines to be 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 Appro-
priations of both Houses of Congress. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$218,000,000, to remain available until September 30, 
2024. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $400,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurricane, 
and other natural disasters and support emergency oper-
407 
† HR 2617 EAS2 
ations, repairs, and other activities in response to such dis-
asters as authorized by law, $35,000,000, to remain avail-
able until expended. 
EXPENSES 
For expenses necessary for the supervision and general 
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 oper-
ation of the Humphreys Engineer Center Support Activity, 
the Institute for Water Resources, the United States Army 
Engineer Research and Development Center, and the 
United States Army Corps of Engineers Finance Center al-
locable 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 execu-
tive direction and management activities of the division of-
fices: Provided further, That any Flood Control and Coastal 
Emergencies appropriation may be used to fund the super-
vision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurri-
cane, or other natural disaster.
408 
† HR 2617 EAS2 
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR 
CIVIL WORKS 
For the Office of the Assistant Secretary of the Army 
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
$5,000,000, to remain available until September 30, 2024: 
Provided, That not more than 75 percent of such amount 
may be obligated or expended until the Assistant Secretary 
submits to the Committees on Appropriations of both 
Houses of Congress the report required under section 101(d) 
of this Act and a work plan that allocates at least 95 per-
cent 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 In-
frastructure Finance and Innovation Act of 2014, 
$7,200,000, to remain available until September 30, 2024. 
GENERAL PROVISIONS—CORPS OF ENGINEERS— 
CIVIL 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts
409 
† HR 2617 EAS2 
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 approval 
is received from the Committees on Appropriations of 
both Houses of Congress; 
(4) proposes to use funds directed for a specific 
activity for a different purpose, unless prior approval 
is received from the Committees on Appropriations of 
both Houses of Congress; 
(5) augments or reduces existing programs, 
projects, or activities in excess of the amounts con-
tained in paragraphs (6) through (10), unless prior 
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
410 
† HR 2617 EAS2 
less than $100,000, the reprogramming limit is 
$25,000: Provided further, That up to $25,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming of 15 percent of the base 
amount up to a limit of $3,000,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $2,000,000, the reprogramming limit is 
$300,000: Provided further, That up to $3,000,000 
may be reprogrammed for settled contractor claims, 
changed conditions, or real estate deficiency judg-
ments: Provided further, That up to $300,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted for the Corps to 
be able to respond to emergencies: Provided, That the 
Chief of Engineers shall notify the Committees on Ap-
propriations of both Houses of Congress of these emer-
gency actions as soon thereafter as practicable: Pro-
vided further, That for a base level over $1,000,000, 
reprogramming of 15 percent of the base amount up
411 
† HR 2617 EAS2 
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 re-
programmed 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, Construc-
tion, and Operation and Maintenance portions of the 
Mississippi River and Tributaries Account, respec-
tively; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 percent 
of the base of the receiving project is permitted. 
(b) DE MINIMUS REPROGRAMMINGS.—In no case 
should a reprogramming for less than $50,000 be submitted 
to the Committees on Appropriations of both Houses of Con-
gress. 
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection 
(a)(1) shall not apply to any project or activity funded 
under the continuing authorities program. 
(d) Not later than 60 days after the date of enactment 
of this Act, the Secretary shall submit a report to the Com-
mittees on Appropriations of both Houses of Congress to
412 
† HR 2617 EAS2 
establish the baseline for application of reprogramming and 
transfer authorities for the current fiscal year which shall 
include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if applicable, and the fiscal year 
enacted level; 
(2) A delineation in the table for each 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. 
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 described 
in section 4 (in the matter preceding division A of this con-
solidated Act). 
SEC. 103. None of the funds made available in this 
title may be used to award or modify any contract that 
commits funds beyond the amounts appropriated for that 
program, project, or activity that remain unobligated, ex-
cept that such amounts may include any funds that have
413 
† HR 2617 EAS2 
been made available through reprogramming pursuant to 
section 101. 
SEC. 104. The Secretary of the Army may transfer to 
the Fish and Wildlife Service, and the Fish and Wildlife 
Service may accept and expend, up to $5,400,000 of funds 
provided in this title under the heading ‘‘Operation and 
Maintenance’’ to mitigate for fisheries lost due to Corps of 
Engineers projects. 
SEC. 105. None of the funds in this Act shall be used 
for an open lake placement alternative for dredged material, 
after evaluating the least costly, environmentally acceptable 
manner for the disposal or management of dredged material 
originating from Lake Erie or tributaries thereto, unless it 
is approved under a State water quality certification pur-
suant to section 401 of the Federal Water Pollution Control 
Act (33 U.S.C. 1341): Provided, That until an open lake 
placement alternative for dredged material is approved 
under a State water quality certification, the Corps of En-
gineers shall continue upland placement of such dredged 
material consistent with the requirements of section 101 of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2211). 
SEC. 106. None of the funds made available by this 
Act may be used to carry out any water supply reallocation 
study under the Wolf Creek Dam, Lake Cumberland, Ken-
414 
† HR 2617 EAS2 
tucky, project authorized under the Act of July 24, 1946 
(60 Stat. 636, ch. 595). 
SEC. 107. None of the funds made available by this 
Act or any other Act may be used to reorganize or to trans-
fer the Civil Works functions or authority of the Corps of 
Engineers or the Secretary of the Army to another depart-
ment or agency. 
SEC. 108. Additional funding provided in this Act 
shall be allocated only to projects determined to be eligible 
by the Chief of Engineers.
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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 avail-
able until expended, of which $5,000,000 shall be deposited 
into the Utah Reclamation Mitigation and Conservation 
Account for use by the Utah Reclamation Mitigation and 
Conservation Commission: Provided, That of the amount 
provided under this heading, $1,600,000 shall be available 
until September 30, 2024, for expenses necessary in car-
rying out related responsibilities of the Secretary of the In-
terior: Provided further, That for fiscal year 2023, of the 
amount made available to the Commission under this Act 
or any other Act, the Commission may use an amount not 
to exceed $1,880,000 for administrative expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to exe-
cute authorized functions of the Bureau of Reclamation: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related activi-
ties, including the operation, maintenance, and rehabilita-
416 
† HR 2617 EAS2 
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 rec-
ognized Indian Tribes, and others, $1,787,151,000, to re-
main available until expended, of which $22,165,000 shall 
be available for transfer to the Upper Colorado River Basin 
Fund and $7,584,000 shall be available for transfer to the 
Lower Colorado River Basin Development Fund; of which 
such amounts as may be necessary may be advanced to the 
Colorado River Dam Fund: Provided, That $500,000 shall 
be available for transfer into the Aging Infrastructure Ac-
count established by section 9603(d)(1) of the Omnibus Pub-
lic Land Management Act of 2009, as amended (43 U.S.C. 
510b(d)(1)): Provided further, That such transfers, except 
for the transfer authorized by the preceding proviso, may 
be increased or decreased within the overall appropriation 
under this heading: Provided further, That of the total ap-
propriated, the amount for program activities that can be 
financed by the Reclamation Fund, the Water Storage En-
hancement Receipts account established by section 4011(e) 
of Public Law 114–322, or the Bureau of Reclamation spe-
cial fee account established by 16 U.S.C. 6806 shall be de-
rived from that Fund or account: Provided further, That 
funds contributed under 43 U.S.C. 395 are available until
417 
† HR 2617 EAS2 
expended for the purposes for which the funds were contrib-
uted: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are avail-
able until expended for the same purposes as the sums ap-
propriated under this heading: Provided further, That of 
the 
amounts 
made 
available 
under 
this 
heading, 
$10,000,000 shall be deposited in the San Gabriel Basin 
Restoration Fund established by section 110 of title I of di-
vision B of appendix D of Public Law 106–554: Provided 
further, That of the amounts provided herein, funds may 
be used for high-priority projects which shall be carried out 
by the Youth Conservation Corps, as authorized by 16 
U.S.C. 1706: Provided further, That within available funds, 
$250,000 shall be for grants and financial assistance for 
educational activities: Provided further, That in accordance 
with section 4007 of Public Law 114–322 and as rec-
ommended by the Secretary in a letter dated November 30, 
2022, funding provided for such purpose in fiscal years 
2021 and 2022 shall be made available to the Los Vaqueros 
Reservoir Expansion Project Phase 2, and the North-of-the- 
Delta Off Stream Storage (Sites Reservoir Project): Pro-
vided further, That in accordance with section 4009(a) of 
Public Law 114–322 and as recommended by the Secretary 
in a letter dated November 30, 2022, funding provided for 
such purpose in fiscal year 2022 shall be made available
418 
† HR 2617 EAS2 
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 Secretary 
in a letter dated November 30, 2022, funding provided for 
such purpose in fiscal year 2022 shall be made available 
to the Eastern Municipal Water District. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, such sums as may 
be collected in fiscal year 2023 in the Central Valley Project 
Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 
and 3405(f) of Public Law 102–575, to remain available 
until expended: Provided, That the Bureau of Reclamation 
is directed to assess and collect the full amount of the addi-
tional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102–575: Provided further, 
That none of the funds made available under this heading 
may be used for the acquisition or leasing of water for in- 
stream purposes if the water is already committed to in- 
stream purposes by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS OF FUNDS) 
For carrying out activities authorized by the Water 
Supply, Reliability, and Environmental Improvement Act,
419 
† HR 2617 EAS2 
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 balanced 
manner with clear performance measures demonstrating 
concurrent progress in achieving the goals and objectives of 
the Program. 
POLICY AND ADMINISTRATION 
For expenses necessary for policy, administration, and 
related functions in the Office of the Commissioner, the 
Denver office, and offices in the six regions of the Bureau 
of Reclamation, to remain available until September 30, 
2024, $65,079,000, to be derived from the Reclamation 
Fund and be nonreimbursable as provided in 43 U.S.C. 
377: Provided, That no part of any other appropriation in 
this Act shall be available for activities or functions budg-
eted as policy and administration expenses.
420 
† HR 2617 EAS2 
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 obli-
gation or expenditure through a reprogramming of funds 
that— 
(1) initiates or creates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or 
activity for which funds have been denied or restricted 
by this Act, unless prior approval is received from the 
Committees on Appropriations of both Houses of Con-
gress; 
(4) restarts or resumes any program, project or 
activity for which funds are not provided in this Act,
421 
† HR 2617 EAS2 
unless prior approval is received from the Committees 
on Appropriations of both Houses of Congress; 
(5) transfers funds in excess of the following lim-
its, unless prior approval is received from the Com-
mittees 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 Rehabilita-
tion category or the Resources Management and De-
velopment category to any program, project, or activ-
ity in the other category, unless prior approval is re-
ceived from the Committees on Appropriations of both 
Houses of Congress; or 
(7) transfers, where necessary to discharge legal 
obligations of the Bureau of Reclamation, more than 
$5,000,000 to provide adequate funds for settled con-
tractor claims, increased contractor earnings due to 
accelerated rates of operations, and real estate defi-
ciency judgments, unless prior approval is received
422 
† HR 2617 EAS2 
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 state-
ment described in section 4 (in the matter preceding divi-
sion 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-
egories of funding. The first quarterly report shall be sub-
mitted not later than 60 days after the date of enactment 
of this Act.
423 
† HR 2617 EAS2 
SEC. 202. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine 
the final point of discharge for the interceptor drain for 
the San Luis Unit until development by the Secretary of 
the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage 
Program shall be classified by the Secretary of the Interior 
as reimbursable or nonreimbursable and collected until fully 
repaid pursuant to the ‘‘Cleanup Program—Alternative 
Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay-
ment Plan’’ described in the report entitled ‘‘Repayment 
Report, Kesterson Reservoir Cleanup Program and San 
Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Rec-
lamation. Any future obligations of funds by the United 
States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully reim-
bursable by San Luis Unit beneficiaries of such service or 
studies pursuant to Federal reclamation law.
424 
† HR 2617 EAS2 
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 ‘‘2022’’. 
(b) Section 301 of the Reclamation States Emergency 
Drought Relief Act of 1991 (43 U.S.C. 2241) shall be ap-
plied by substituting ‘‘2023’’ for ‘‘2022’’ and by substituting 
‘‘$130,000,000’’ for ‘‘$120,000,000’’. 
SEC. 207. Section 529(b)(3) of the Water Resources De-
velopment Act of 2000 (Public Law 106–541) as amended, 
is amended by striking ‘‘$30,000,000’’ and inserting 
‘‘$40,000,000’’.
425 
† HR 2617 EAS2 
SEC. 208. None of the funds made available by this 
Act may be used for pre-construction or construction activi-
ties for any project recommended after enactment of the En-
ergy and Water Development and Related Agencies Appro-
priations Act, 2020 and prior to enactment of this Act by 
the Secretary of the Interior and transmitted to the appro-
priate committees of Congress pursuant to section 4007 of 
the Water Infrastructure Improvements for the Nation Act 
(Public Law 114–322) if such project is not named in this 
Act, Public Law 116–260, or Public Law 117–43.
426 
† HR 2617 EAS2 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for energy effi-
ciency and renewable energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or con-
demnation 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 available 
until September 30, 2024, for program direction. 
CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY 
RESPONSE 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for energy sector 
cybersecurity, energy security, and emergency response ac-
tivities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, construc-
427 
† HR 2617 EAS2 
tion, 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 direc-
tion. 
ELECTRICITY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for electricity ac-
tivities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, construc-
tion, 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 direc-
tion. 
NUCLEAR ENERGY 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for nuclear energy 
activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
428 
† HR 2617 EAS2 
struction, or expansion, $1,473,000,000, to remain avail-
able until expended, of which $20,000,000 shall be trans-
ferred to ‘‘Department of Energy—Energy Programs— 
Science’’, for hot cells operations and maintenance: Pro-
vided, That of such amount, $85,000,000 shall be available 
until September 30, 2024, for program direction: Provided 
further, That for the purpose of section 954(a)(6) of the En-
ergy Policy Act of 2005, as amended, the only amount 
available shall be from the amount specified as including 
that purpose in the ‘‘Final Bill’’ column in the ‘‘Depart-
ment of Energy’’ table included under the heading ‘‘Title 
III—Department of Energy’’ in the explanatory statement 
described in section 4 (in the matter preceding division A 
of this consolidated Act). 
FOSSIL ENERGY AND CARBON MANAGEMENT 
For Department of Energy expenses necessary in 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.), 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 social
429 
† HR 2617 EAS2 
and environmental costs (30 U.S.C. 3, 1602, and 1603), 
$890,000,000, to remain available until expended: Pro-
vided, That of such amount $70,000,000 shall be available 
until September 30, 2024, for program direction. 
ENERGY PROJECTS 
For Department of Energy expenses necessary in car-
rying out community project funding activities, under the 
authority of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), $221,968,652, to remain available 
until expended, for projects specified in the table that ap-
pears under the heading ‘‘Community Project Funding and 
Congressionally Directed Spending of Energy Projects’’ in 
the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For Department of Energy expenses necessary to carry 
out naval petroleum and oil shale reserve activities, 
$13,004,000, to remain available until expended: Provided, 
That notwithstanding any other provision of law, unobli-
gated funds remaining from prior years shall be available 
for all naval petroleum and oil shale reserve activities. 
STRATEGIC PETROLEUM RESERVE 
For Department of Energy expenses necessary for 
Strategic Petroleum Reserve facility development and oper-
ations and program management activities pursuant to the
430 
† HR 2617 EAS2 
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 pursu-
ant 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 Trans-
portation Act (42 U.S.C. 6241 note), and section 30204 of 
the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), 
$100,000, to remain available until expended: Provided, 
That of the unobligated balances from amounts deposited 
under this heading pursuant to section 167(b)(3) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6247(b)(3)), 
$2,052,000,000 is hereby permanently rescinded not later 
than September 30, 2023. 
NORTHEAST HOME HEATING OIL RESERVE 
For Department of Energy expenses necessary for 
Northeast Home Heating Oil Reserve storage, operation, 
and management activities pursuant to the Energy Policy 
and Conservation Act (42 U.S.C. 6201 et seq.), $7,000,000, 
to remain available until expended.
431 
† HR 2617 EAS2 
ENERGY INFORMATION ADMINISTRATION 
For Department of Energy expenses necessary in car-
rying out the activities of the Energy Information Adminis-
tration, $135,000,000, to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-defense 
environmental cleanup activities in carrying out the pur-
poses 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. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For Department of Energy expenses necessary in car-
rying out uranium enrichment facility decontamination
432 
† HR 2617 EAS2 
and decommissioning, remedial actions, and other activities 
of title II of the Atomic Energy Act of 1954, and title X, 
subtitle A, of the Energy Policy Act of 1992, $879,052,000, 
to be derived from the Uranium Enrichment Decontamina-
tion and Decommissioning Fund, to remain available until 
expended, of which $14,800,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act of 
1992. 
SCIENCE 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not more than 35 pas-
senger motor vehicles, including one ambulance, for replace-
ment only, $8,100,000,000, to remain available until ex-
pended: Provided, That of such amount, $211,211,000 shall 
be available until September 30, 2024, for program direc-
tion. 
NUCLEAR WASTE DISPOSAL 
For Department of Energy expenses necessary for nu-
clear waste disposal activities to carry out the purposes of
433 
† HR 2617 EAS2 
the Nuclear Waste Policy Act of 1982, Public Law 97–425, 
as amended, $10,205,000, to remain available until ex-
pended, which shall be derived from the Nuclear Waste 
Fund. 
TECHNOLOGY TRANSITIONS 
For Department of Energy expenses necessary for car-
rying 
out 
the 
activities 
of 
technology 
transitions, 
$22,098,000, to remain available until expended: Provided, 
That of such amount, $13,183,000 shall be available until 
September 30, 2024, for program direction. 
CLEAN ENERGY DEMONSTRATIONS 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for clean en-
ergy demonstrations in carrying out the purposes of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $89,000,000, to remain avail-
able until expended: Provided, That of such amount, 
$25,000,000 shall be available until September 30, 2024, 
for program direction. 
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 
For Department of Energy expenses necessary in car-
rying out the activities authorized by section 5012 of the
434 
† HR 2617 EAS2 
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 available 
until September 30, 2024, for program direction. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
(INCLUDING RESCISSION OF FUNDS) 
Such sums as are derived from amounts received from 
borrowers pursuant to section 1702(b) of the Energy Policy 
Act of 2005 under this heading in prior Acts, shall be col-
lected in accordance with section 502(7) of the Congres-
sional Budget Act of 1974: Provided, That for necessary ad-
ministrative 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 col-
lected 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 ad-
ministrative expenses in this appropriation and shall re-
main available until September 30, 2024: Provided further, 
That to the extent that fees collected in fiscal year 2023 
exceed $66,206,000, those excess amounts shall be credited 
as offsetting collections under this heading and available 
in future fiscal years only to the extent provided in advance
435 
† HR 2617 EAS2 
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 (esti-
mated at $35,000,000) and (2) to the extent that any re-
maining general fund appropriations can be derived from 
fees collected in previous fiscal years that are not otherwise 
appropriated, so as to result in a final fiscal year 2023 
appropriation from the general fund estimated at $0: Pro-
vided further, That the Department of Energy shall not sub-
ordinate any loan obligation to other financing in violation 
of section 1702 of the Energy Policy Act of 2005 or subordi-
nate any Guaranteed Obligation to any loan or other debt 
obligations in violation of section 609.10 of title 10, Code 
of Federal Regulations. 
Of the unobligated balances from amounts made avail-
able in the first proviso of section 1425 of the Department 
of Defense and Full-Year Continuing Appropriations Act, 
2011 (Public Law 112–10) for the cost of loan guarantees 
under section 1703 of the Energy Policy Act of 2005, 
$150,000,000 are hereby permanently rescinded: Provided, 
That, subject to section 502 of the Congressional Budget Act 
of 1974, commitments to guarantee loans for eligible 
projects under title XVII of the Energy Policy Act of 2005, 
shall 
not 
exceed 
a 
total 
principal 
amount 
of 
$15,000,000,000, to remain available until committed: Pro-
436 
† HR 2617 EAS2 
vided further, That the amounts provided under this para-
graph are in addition to those provided in any other Act: 
Provided further, That for amounts collected pursuant to 
section 1702(b)(2) of the Energy Policy Act of 2005, the 
source of such payment received from borrowers may not 
be a loan or other debt obligation that is guaranteed by 
the Federal Government: Provided further, That none of 
such loan guarantee authority made available under this 
paragraph shall be available for commitments to guarantee 
loans for any projects where funds, personnel, or property 
(tangible or intangible) of any Federal agency, instrumen-
tality, personnel, or affiliated entity are expected be used 
(directly or indirectly) through acquisitions, contracts, 
demonstrations, exchanges, grants, incentives, leases, pro-
curements, sales, other transaction authority, or other ar-
rangements, to support the project or to obtain goods or 
services from the project: Provided further, That the pre-
ceding proviso shall not be interpreted as precluding the 
use of the loan guarantee authority provided under this 
paragraph for commitments to guarantee loans for: (1) 
projects as a result of such projects benefitting from other-
wise 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 exclu-
437 
† HR 2617 EAS2 
sively in cash; (B) deposited in the Treasury as offsetting 
receipts; and (C) equal to the fair market value as deter-
mined 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 genera-
tion projects using transmission facilities owned or oper-
ated by a Federal Power Marketing Administration or the 
Tennessee Valley Authority that have been authorized, ap-
proved, and financed independent of the project receiving 
the guarantee: Provided further, That none of the loan guar-
antee authority made available under this paragraph shall 
be available for any project unless the Director of the Office 
of Management and Budget has certified in advance in 
writing that the loan guarantee and the project comply with 
the provisions under this paragraph. 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
LOAN PROGRAM 
For Department of Energy administrative expenses 
necessary in carrying out the Advanced Technology Vehicles 
Manufacturing Loan Program, $9,800,000, to remain 
available until September 30, 2024.
438 
† HR 2617 EAS2 
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 sub-
sequent fiscal years, under section 2602(c) of the Energy 
Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of 
Energy may also provide direct loans, as defined in section 
502 of the Congressional Budget Act of 1974 (2 U.S.C. 
661a): Provided further, That such direct loans shall be 
made through the Federal Financing Bank, with the full 
faith and credit of the United States Government on the 
principal and interest: Provided further, That any funds 
previously appropriated for the cost of loan guarantees 
under section 2602(c) of the Energy Policy Act of 1992 (25 
U.S.C. 3502(c)) may also be used, in this fiscal year and 
subsequent fiscal years, for the cost of direct loans provided 
under such section of such Act: Provided further, That for 
the cost of direct loans for the Tribal Energy Loan Guar-
antee Program as provided for in the preceding three pro-
visos and for the cost of guaranteed loans for such program 
under section 2602(c) of the Energy Policy Act of 1992 (25 
U.S.C. 3502(c)), $2,000,000, to remain available until ex-
pended: Provided further, That such costs, including the cost
439 
† HR 2617 EAS2 
of modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974 (2 U.S.C. 661a). 
INDIAN ENERGY POLICY AND PROGRAMS 
For necessary expenses for Indian Energy activities in 
carrying out the purposes of the Department of Energy Or-
ganization Act (42 U.S.C. 7101 et seq.), $75,000,000, to re-
main available until expended: Provided, That of the 
amount appropriated under this heading, $14,000,000 shall 
be available until September 30, 2024, for program direc-
tion. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out 
the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), $383,578,000, to remain available 
until September 30, 2024, including the hire of passenger 
motor vehicles and official reception and representation ex-
penses not to exceed $30,000, plus such additional amounts 
as necessary to cover increases in the estimated amount of 
cost of work for others notwithstanding the provisions of 
the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 
That such increases in cost of work are offset by revenue 
increases of the same or greater amount: Provided further, 
That moneys received by the Department for miscellaneous 
revenues estimated to total $100,578,000 in fiscal year 2023
440 
† HR 2617 EAS2 
may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95– 
238, notwithstanding the provisions of 31 U.S.C. 3302: Pro-
vided further, That the sum herein appropriated shall be 
reduced as collections are received during the fiscal year 
so as to result in a final fiscal year 2023 appropriation 
from the general fund estimated at not more than 
$283,000,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector 
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, $86,000,000, to remain available until 
September 30, 2024. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
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.), including the acquisition or con-
demnation 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-
441 
† HR 2617 EAS2 
vided, That of such amount, $130,070,000 shall be available 
until September 30, 2024, for program direction. 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and 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.), including the acquisition or con-
demnation 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 En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition (by purchase, condemnation, construction, 
or otherwise) of real property, plant, and capital equip-
ment, 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 Reac-
tor: Provided, That of such amount, $58,525,000 shall be 
available until September 30, 2024, for program direction.
442 
† HR 2617 EAS2 
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-
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 en-
ergy defense environmental cleanup activities in carrying 
out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$7,025,000,000, to remain available until expended: Pro-
vided, That of such amount, $317,002,000 shall be available 
until September 30, 2024, for program direction. 
DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for atomic energy defense 
environmental cleanup activities for Department of Energy
443 
† HR 2617 EAS2 
contributions for uranium enrichment decontamination 
and decommissioning activities, $586,035,000, to be depos-
ited into the Defense Environmental Cleanup account, 
which shall be transferred to the ‘‘Uranium Enrichment De-
contamination 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 en-
ergy defense, other defense activities, and classified activi-
ties, in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construc-
tion, or expansion, $1,035,000,000, to remain available 
until 
expended: 
Provided, 
That 
of 
such 
amount, 
$364,734,000 shall be available until September 30, 2024, 
for program direction. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, are 
approved for the Colville Tribes Residents Fish Hatchery 
Expansion, Chief Joseph Hatchery Water Quality Project, 
and Umatilla Hatchery Facility Project and, in addition,
444 
† HR 2617 EAS2 
for official reception and representation expenses in an 
amount not to exceed $5,000: Provided, That during fiscal 
year 2023, no new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For expenses necessary for operation and maintenance 
of power transmission facilities and for marketing electric 
power and energy, including transmission wheeling and 
ancillary services, pursuant to section 5 of the Flood Con-
trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
eastern power area, $8,173,000, including official reception 
and representation expenses in an amount not to exceed 
$1,500, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood 
Control Act of 1944, up to $8,173,000 collected by the 
Southeastern Power Administration from the sale of power 
and related services shall be credited to this account as dis-
cretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual ex-
penses of the Southeastern Power Administration: Provided 
further, That the sum herein appropriated for annual ex-
penses 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 fur-
ther, That notwithstanding 31 U.S.C. 3302, up to
445 
† HR 2617 EAS2 
$78,696,000 collected by the Southeastern Power Adminis-
tration pursuant to the Flood Control Act of 1944 to recover 
purchase power and wheeling expenses shall be credited to 
this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
ADMINISTRATION 
For expenses necessary for operation and maintenance 
of power transmission facilities and for marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the South-
western Power Administration, $53,488,000, to remain 
available until expended: Provided, That notwithstanding 
31 U.S.C. 3302 and section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), up to $42,880,000 collected by the 
Southwestern Power Administration from the sale of power
446 
† HR 2617 EAS2 
and related services shall be credited to this account as dis-
cretionary offsetting collections, to remain available until 
expended, for the sole purpose of funding the annual ex-
penses of the Southwestern Power Administration: Provided 
further, That the sum herein appropriated for annual ex-
penses shall be reduced as collections are received during 
the fiscal year so as to result in a final fiscal year 2023 
appropriation estimated at not more than $10,608,000: 
Provided further, That notwithstanding 31 U.S.C. 3302, up 
to $70,000,000 collected by the Southwestern Power Admin-
istration pursuant to the Flood Control Act of 1944 to re-
cover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
CONSTRUCTION, REHABILITATION, OPERATION AND 
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
7152), and other related activities including conservation 
and 
renewable 
resources 
programs 
as 
authorized,
447 
† HR 2617 EAS2 
$299,573,000, including official reception and representa-
tion expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $299,573,000 shall be de-
rived from the Department of the Interior Reclamation 
Fund: Provided, That notwithstanding 31 U.S.C. 3302, sec-
tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
and section 1 of the Interior Department Appropriation 
Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected 
by the Western Area Power Administration from the sale 
of power and related services shall be credited to this ac-
count as discretionary offsetting collections, to remain 
available until expended, for the sole purpose of funding 
the annual expenses of the Western Area Power Administra-
tion: Provided further, That the sum herein appropriated 
for annual expenses shall be reduced as collections are re-
ceived during the fiscal year so as to result in a final fiscal 
year 2023 appropriation estimated at not more than 
$98,732,000, of which $98,732,000 is derived from the Rec-
lamation Fund: Provided further, That notwithstanding 31 
U.S.C. 3302, up to $475,000,000 collected by the Western 
Area Power Administration pursuant to the Flood Control 
Act of 1944 and the Reclamation Project Act of 1939 to 
recover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase
448 
† HR 2617 EAS2 
power and wheeling expenditures: Provided further, That 
for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $6,330,000, to remain available until expended, and 
to be derived from the Falcon and Amistad Operating and 
Maintenance Fund of the Western Area Power Administra-
tion, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255): Provided, That notwithstanding the provi-
sions of that Act and of 31 U.S.C. 3302, up to $6,102,000 
collected by the Western Area Power Administration from 
the sale of power and related services from the Falcon and 
Amistad Dams shall be credited to this account as discre-
tionary offsetting collections, to remain available until ex-
pended for the sole purpose of funding the annual expenses 
of the hydroelectric facilities of these Dams and associated 
Western Area Power Administration activities: Provided 
further, That the sum herein appropriated for annual ex-
penses shall be reduced as collections are received during 
the fiscal year so as to result in a final fiscal year 2023
449 
† HR 2617 EAS2 
appropriation estimated at not more than $228,000: Pro-
vided further, That for purposes of this appropriation, an-
nual expenses means expenditures that are generally recov-
ered in the same year that they are incurred: Provided fur-
ther, 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 specifi-
cally appropriated for such purpose: Provided further, That 
any such funds shall be available without further appro-
priation and without fiscal year limitation for use by the 
Commissioner of the United States Section of the Inter-
national Boundary and Water Commission for the sole pur-
pose of operating, maintaining, repairing, rehabilitating, 
replacing, or upgrading the hydroelectric facilities at these 
Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et
450 
† HR 2617 EAS2 
seq.), including services as authorized by 5 U.S.C. 3109, 
official reception and representation expenses not to exceed 
$3,000, and the hire of passenger motor vehicles, 
$508,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not 
to exceed $508,400,000 of revenues from fees and annual 
charges, and other services and collections in fiscal year 
2023 shall be retained and used for expenses necessary in 
this account, and shall remain available until expended: 
Provided further, That the sum herein appropriated from 
the general fund shall be reduced as revenues are received 
during fiscal year 2023 so as to result in a final fiscal year 
2023 appropriation from the general fund estimated at not 
more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
SEC. 301. (a) No appropriation, funds, or authority 
made available by this title for the Department of Energy 
shall be used to initiate or resume any program, project, 
or activity or to prepare or initiate Requests For Proposals 
or 
similar 
arrangements 
(including 
Requests 
for 
Quotations, Requests for Information, and Funding Oppor-
tunity Announcements) for a program, project, or activity 
if the program, project, or activity has not been funded by 
Congress.
451 
† HR 2617 EAS2 
(b)(1) Unless the Secretary of Energy notifies the Com-
mittees 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 Ac-
quisition Regulation; 
(C) issue a letter of intent to make an allocation, 
award, or Agreement in excess of the limits in sub-
paragraph (A) or (B); or 
(D) announce publicly the intention to make an 
allocation, award, or Agreement in excess of the limits 
in subparagraph (A) or (B). 
(2) The Secretary of Energy shall submit to the Com-
mittees on Appropriations of both Houses of Congress with-
in 15 days of the conclusion of each quarter a report detail-
ing each grant allocation or discretionary grant award to-
taling less than $1,000,000 provided during the previous 
quarter. 
(3) The notification required by paragraph (1) and the 
report required by paragraph (2) shall include the recipient 
of the award, the amount of the award, the fiscal year for
452 
† HR 2617 EAS2 
which the funds for the award were appropriated, the ac-
count and program, project, or activity from which the 
funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made. 
(c) The Department of Energy may not, with respect 
to any program, project, or activity that uses budget au-
thority made available in this title under the heading ‘‘De-
partment of Energy—Energy Programs’’, enter into a 
multiyear contract, award a multiyear grant, or enter into 
a multiyear cooperative agreement unless— 
(1) the contract, grant, or cooperative agreement 
is funded for the full period of performance as antici-
pated at the time of award; or 
(2) the contract, grant, or cooperative agreement 
includes a clause conditioning the Federal Govern-
ment’s obligation on the availability of future year 
budget authority and the Secretary notifies the Com-
mittees 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 activi-
ties specified in the ‘‘Final Bill’’ column in the ‘‘Depart-
ment of Energy’’ table included under the heading ‘‘Title 
III—Department of Energy’’ in the explanatory statement
453 
† HR 2617 EAS2 
described in section 4 (in the matter preceding division A 
of this consolidated Act). 
(e) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and 
the Department shall notify, and obtain the prior approval 
of, the Committees on Appropriations of both Houses of 
Congress at least 30 days prior to the use of any proposed 
reprogramming that would cause any program, project, or 
activity funding level to increase or decrease by more than 
$5,000,000 or 10 percent, whichever is less, during the time 
period covered by this Act. 
(f) None of the funds provided in this title shall be 
available for obligation or expenditure through a 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
454 
† HR 2617 EAS2 
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. 
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 there-
after 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 au-
thorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 3094) during fis-
cal year 2023 until the enactment of the Intelligence Au-
thorization Act for fiscal year 2023. 
SEC. 303. None of the funds made available in this 
title shall be used for the construction of facilities classified
455 
† HR 2617 EAS2 
as high-hazard nuclear facilities under 10 CFR Part 830 
unless independent oversight is conducted by the Office of 
Enterprise Assessments to ensure the project is in compli-
ance with nuclear safety requirements. 
SEC. 304. None of the funds made available in this 
title may be used to approve critical decision-2 or critical 
decision-3 under Department of Energy Order 413.3B, or 
any successive departmental guidance, for construction 
projects where the total project cost exceeds $100,000,000, 
until a separate independent cost estimate has been devel-
oped for the project for that critical decision. 
SEC. 305. Notwithstanding section 161 of the Energy 
Policy and Conservation Act (42 U.S.C. 6241), upon a de-
termination by the President in this fiscal year that a re-
gional supply shortage of refined petroleum product of sig-
nificant scope and duration exists, that a severe increase 
in the price of refined petroleum product will likely result 
from such shortage, and that a draw down and sale of re-
fined petroleum product would assist directly and signifi-
cantly in reducing the adverse impact of such shortage, the 
Secretary of Energy may draw down and sell refined petro-
leum product from the Strategic Petroleum Reserve. Pro-
ceeds 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),
456 
† HR 2617 EAS2 
and such amounts shall be available for obligation, without 
fiscal year limitation, consistent with that section. 
SEC. 306. No funds shall be transferred directly from 
‘‘Department of Energy—Power Marketing Administra-
tion—Colorado River Basins Power Marketing Fund, West-
ern Area Power Administration’’ to the general fund of the 
Treasury in the current fiscal year. 
SEC. 307. All unavailable collections currently in the 
United States Enrichment Corporation Fund shall be 
transferred to and merged with the Uranium Enrichment 
Decontamination and Decommissioning Fund and shall be 
available only to the extent provided in advance in appro-
priations Acts. 
SEC. 308. Subparagraphs (B) and (C) of section 
40401(a)(2) of Public Law 117–58, paragraph (3) of section 
1702(r) of the Energy Policy Act of 2005 (42 U.S.C. 
16512(r)(3)) as added by section 40401(c)(2)(C) of Public 
Law 117–58, and subsection (l) of section 136 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17013(l)), are hereby repealed. 
SEC. 309. (a) Hereafter, for energy development, dem-
onstration, and deployment programs funded under De-
partment of Energy appropriations (other than those for 
the National Nuclear Security Administration and Office 
of Environmental Management) provided for fiscal year
457 
† HR 2617 EAS2 
2022, the current fiscal year, or any fiscal year thereafter 
(including by Acts other than appropriations Acts), the Sec-
retary may vest unconditional title or other property inter-
ests acquired under projects in an award recipient, sub-
recipient, or successor in interest, including the United 
States, at the conclusion of the award period for projects 
receiving an initial award in fiscal year 2022 or later. 
(b) Upon vesting unconditional title pursuant to sub-
section (a) in an award recipient, subrecipient, or successor 
in interest other than the United States, the United States 
shall have no liabilities or obligations to the property. 
(c) For purposes of this section, the term ‘‘property 
interest’’ does not include any interest in intellectual prop-
erty developed using funding provided under a project. 
SEC. 310. None of the funds made available in this 
title may be used to support a grant allocation award, 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 manage-
ment procedures.
458 
† HR 2617 EAS2 
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 Fed-
eral Co-Chairman and the Alternate on the Appalachian 
Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including 
services as authorized by 5 U.S.C. 3109, and hire of pas-
senger 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 Facili-
ties Safety Board in carrying out activities authorized by 
the Atomic Energy Act of 1954, as amended by Public Law 
100–456, section 1441, $41,401,000, to remain available 
until September 30, 2024, of which not to exceed $1,000 
shall be available for official reception and representation 
expenses. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For expenses necessary for the Delta Regional Author-
ity and to carry out its activities, as authorized by the
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Delta Regional Authority Act of 2000, notwithstanding sec-
tions 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 in-
cluding the purchase, construction, and acquisition of plant 
and capital equipment as necessary and other expenses, 
$17,000,000, to remain available until expended, notwith-
standing the limitations contained in section 306(g) of the 
Denali Commission Act of 1998: Provided, That funds shall 
be available for construction projects for which the Denali 
Commission is the sole or primary funding source in an 
amount not to exceed 80 percent of total project cost for 
distressed communities, as defined by section 307 of the 
Denali Commission Act of 1998 (division C, title III, Pub-
lic Law 105–277), as amended by section 701 of appendix 
D, title VII, Public Law 106–113 (113 Stat. 1501A–280), 
and an amount not to exceed 50 percent for non-distressed 
communities: Provided further, That notwithstanding any 
other provision of law regarding payment of a non-Federal 
share in connection with a grant-in-aid program, amounts 
under this heading shall be available for the payment of 
such a non-Federal share for any project for which the 
Denali Commission is not the sole or primary funding
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source, provided that such project is consistent with the pur-
poses 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, not-
withstanding section 15751(b) of title 40, United States 
Code. 
SOUTHEAST CRESCENT REGIONAL COMMISSION 
For expenses necessary for the Southeast Crescent Re-
gional 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 carrying 
out the purposes of the Energy Reorganization Act of 1974 
and the Atomic Energy Act of 1954, $911,384,000, includ-
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ing 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 sup-
port costs for the Office of the Commission, to remain avail-
able until September 30, 2024: Provided further, That reve-
nues from licensing fees, inspection services, and other serv-
ices and collections estimated at $777,498,000 in fiscal year 
2023 shall be retained and used for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302, 
and shall remain available until expended: Provided fur-
ther, 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 esti-
mated at not more than $133,886,000. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General 
Act of 1978, $15,769,000, to remain available until Sep-
tember 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 re-
tained and be available until September 30, 2024, for nec-
essary salaries and expenses in this account, notwith-
standing section 3302 of title 31, United States Code: Pro-
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vided 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 appro-
priation estimated at not more than $3,114,000: Provided 
further, That of the amounts appropriated under this head-
ing, $1,520,000 shall be for Inspector General services for 
the Defense Nuclear Facilities Safety Board. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–203, 
section 5051, $3,945,000, to be derived from the Nuclear 
Waste Fund, to remain available until September 30, 2024. 
GENERAL PROVISIONS—INDEPENDENT 
AGENCIES 
SEC. 401. The Nuclear Regulatory Commission shall 
comply with the July 5, 2011, version of Chapter VI of its 
Internal Commission Procedures when responding to Con-
gressional requests for information, consistent with Depart-
ment of Justice guidance for all Federal agencies. 
SEC. 402. (a) The amounts made available by this title 
for the Nuclear Regulatory Commission may be repro-
grammed for any program, project, or activity, and the 
Commission shall notify the Committees on Appropriations 
of both Houses of Congress at least 30 days prior to the
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use of any proposed reprogramming that would cause any 
program funding level to increase or decrease by more than 
$500,000 or 10 percent, whichever is less, during the time 
period covered by this Act. 
(b)(1) The Nuclear Regulatory Commission may waive 
the notification requirement in subsection (a) if compliance 
with such requirement would pose a substantial risk to 
human health, the environment, welfare, or national secu-
rity. 
(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 activ-
ity to which a requirement or restriction would otherwise 
have applied. Such notice shall include an explanation of 
the substantial risk under paragraph (1) that permitted 
such waiver and shall provide a detailed report to the Com-
mittees of such waiver and changes to funding levels to pro-
grams, projects, or activities. 
(c) Except as provided in subsections (a), (b), and (d), 
the amounts made available by this title for ‘‘Nuclear Regu-
latory Commission—Salaries and Expenses’’ shall be ex-
pended as directed in the explanatory statement described 
in section 4 (in the matter preceding division A of this con-
solidated Act).
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(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 increases 
funds or personnel for any program, project, or activity for 
which funds are denied or restricted by this Act. 
(e) The Commission shall provide a monthly report to 
the Committees on Appropriations of both Houses of Con-
gress, which includes the following for each program, 
project, or activity, including any prior year appropria-
tions— 
(1) total budget authority; 
(2) total unobligated balances; and 
(3) total unliquidated obligations.
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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, agen-
cy, or instrumentality of the United States Government, ex-
cept 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 explan-
atory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act), or any authority 
whereby a department, agency, or instrumentality of the 
United States Government may provide goods or services 
to another department, agency, or instrumentality. 
(b) None of the funds made available for any depart-
ment, agency, or instrumentality of the United States Gov-
ernment may be transferred to accounts funded in title III 
of this Act, except pursuant to a transfer made by or trans-
fer authority provided in this Act or any other appropria-
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tions 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 instru-
mentality. 
(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 au-
thorities, except for any authority whereby a department, 
agency, or instrumentality of the United States Government 
may provide goods or services to another department, agen-
cy, 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 trans-
ferred, and shall not replace or modify existing notification 
requirements for each authority. 
SEC. 503. None of the funds made available by this 
Act may be used in contravention of Executive Order No. 
12898 of February 11, 1994 (Federal Actions to Address 
Environmental Justice in Minority Populations and Low- 
Income Populations).
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SEC. 504. (a) None of the funds made available in this 
Act may be used to maintain or establish a computer net-
work 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. 
This division may be cited as the ‘‘Energy and Water 
Development and Related Agencies Appropriations Act, 
2023’’.
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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 in-
cluding operation and maintenance of the Treasury Build-
ing and Freedman’s Bank Building; hire of passenger 
motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real 
properties leased or owned overseas, when necessary for the 
performance of official business; executive direction pro-
gram activities; international affairs and economic policy 
activities; domestic finance and tax policy activities, in-
cluding technical assistance to State, local, and territorial 
entities; and Treasury-wide management policies and pro-
grams activities, $273,882,000, of which not less than 
$12,000,000 shall be available for the administration of fi-
nancial assistance, in addition to amounts otherwise avail-
able for such purposes: Provided, That of the amount appro-
priated under this heading— 
(1) not to exceed $350,000 is for official recep-
tion and representation expenses;