Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023
Bill: H.R.8238 | Sponsor: Rep. Wasserman Schultz, Debbie (D-FL)
Policy area: Armed Forces and National Security

Summary:
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023
This bill provides FY2023 appropriations for military construction, the Department of Veterans Affairs (VA), and related agencies.
The bill provides appropriations to the Department of Defense (DOD) for military construction for
The bill also provides appropriations to DOD for
Within the VA budget, the bill provides appropriations for
The bill provides appropriations for related agencies and programs, including
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
              September 30, 2023, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2023, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $997,425,000, to remain available 
until September 30, 2027: Provided, That, of the amount made available 
under this heading, not to exceed $240,011,000 shall be available for 
study, planning, design, architect and engineer services, and host 
nation support, as authorized by law, unless the Secretary of the Army 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor: Provided 
further, That of the amount made available under this heading, 
$101,860,000 shall be for the projects and activities, and in the 
amounts, specified in the table under the heading ``Military 
Construction, Army'' in the report accompanying this Act, in addition 
to amounts otherwise available for such purposes.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $3,808,340,000, to remain available until September 30, 
2027: Provided, That, of the amount made available under this heading, 
not to exceed $428,073,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by law, 
unless the Secretary of the Navy determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor: Provided further, That of the amount made available 
under this heading, $5,949,000 shall be for the project and activity, 
and in the amount, specified in the table under the heading ``Military 
Construction, Navy and Marine Corps'' in the report accompanying this 
Act, in addition to amounts otherwise available for such purposes.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $2,291,156,000, to remain available until September 30, 2027: 
Provided, That, of the amount made available under this heading, not to 
exceed $171,094,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of the Air Force determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor: Provided further, That of the amount made available 
under this heading, $185,700,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the 
heading ``Military Construction, Air Force'' in the report accompanying 
this Act, in addition to amounts otherwise available for such purposes.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$2,675,128,000, to remain available until September 30, 2027: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further, That, of 
the amount made available under this heading, not to exceed 
$506,107,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor: Provided further, That of the amount made available 
under this heading, $58,730,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the 
heading ``Military Construction, Defense-Wide'' in the report 
accompanying this Act, in addition to amounts otherwise available for 
such purposes.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $325,658,000, to remain available until September 
30, 2027: Provided, That, of the amount made available under this 
heading, not to exceed $43,625,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Director of the Army National Guard determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
amount made available under this heading, $3,380,000 shall be for the 
projects and activities, and in the amounts, specified in the table 
under the heading ``Military Construction, Army National Guard'' in the 
report accompanying this Act, in addition to amounts otherwise 
available for such purposes.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $193,983,000, to remain available until September 
30, 2027: Provided, That, of the amount made available under this 
heading, not to exceed $41,712,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Director of the Air National Guard determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
amount made available under this heading, $20,100,000 shall be for the 
projects and activities, and in the amounts, specified in the table 
under the heading ``Military Construction, Air National Guard'' in the 
report accompanying this Act, in addition to amounts otherwise 
available for such purposes.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $119,878,000, to 
remain available until September 30, 2027: Provided, That, of the 
amount made available under this heading, not to exceed $19,829,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Chief of the Army 
Reserve determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both Houses 
of Congress of the determination and the reasons therefor.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $30,337,000, to remain available until September 
30, 2027: Provided, That, of the amount made available under this 
heading, not to exceed $2,590,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Secretary of the Navy determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $82,123,000, to 
remain available until September 30, 2027: Provided, That, of the 
amount made available under this heading, not to exceed $21,773,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Chief of the Air 
Force Reserve determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons therefor: 
Provided further, That of the amount made available under this heading, 
$5,500,000 shall be for the projects and activities, and in the 
amounts, specified in the table under the heading ``Military 
Construction, Air Force Reserve'' in the report accompanying this Act, 
in addition to amounts otherwise available for such purposes.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $220,139,000, to remain available until expended.

               Department of Defense Base Closure Account

    For deposit into the Department of Defense Base Closure Account, 
established by section 2906(a) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $574,687,000, to remain 
available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $169,339,000, to remain available 
until September 30, 2027.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $446,411,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $337,297,000, to 
remain available until September 30, 2027.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $378,224,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $232,788,000, to remain available 
until September 30, 2027.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $365,222,000.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $50,113,000.

                         Department of Defense

                    Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$6,442,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

                         Department of Defense

            Military Unaccompanied Housing Improvement Fund

    For the Department of Defense Military Unaccompanied Housing 
Improvement Fund, $494,000, to remain available until expended, for 
unaccompanied housing initiatives undertaken pursuant to section 2883 
of title 10, United States Code, providing alternative means of 
acquiring and improving military unaccompanied housing and supporting 
facilities.

                       Administrative Provisions

    Sec. 101.  None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102.  Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles.
    Sec. 103.  Funds made available in this title for construction may 
be used for advances to the Federal Highway Administration, Department 
of Transportation, for the construction of access roads as authorized 
by section 210 of title 23, United States Code, when projects 
authorized therein are certified as important to the national defense 
by the Secretary of Defense.
    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108.  None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Gulf, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112.  None of the funds made available in this title for 
military construction in the United States territories and possessions 
in the Pacific and on Kwajalein Atoll, or in countries bordering the 
Arabian Gulf, may be used to award any contract estimated by the 
Government to exceed $1,000,000 to a foreign contractor: Provided, That 
this section shall not be applicable to contract awards for which the 
lowest responsive and responsible bid of a United States contractor 
exceeds the lowest responsive and responsible bid of a foreign 
contractor by greater than 20 percent: Provided further, That this 
section shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible bid is 
submitted by a Marshallese contractor.
    Sec. 113.  The Secretary of Defense shall inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of plans and scope of any proposed military exercise 
involving United States personnel 30 days prior to its occurring, if 
amounts expended for construction, either temporary or permanent, are 
anticipated to exceed $100,000.
    Sec. 114.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 115.  For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 116.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, 
if the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.

                     (including transfer of funds)

    Sec. 117.  Subject to 30 days prior notification, or 14 days for a 
notification provided in an electronic medium pursuant to sections 480 
and 2883 of title 10, United States Code, to the Committees on 
Appropriations of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be transferred to: 
(1) the Department of Defense Family Housing Improvement Fund from 
amounts appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502 of the Congressional Budget 
Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169 of title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.

                     (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the 
Department of Defense Base Closure Account to the fund established by 
section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated 
with the Homeowners Assistance Program incurred under 42 U.S.C. 
3374(a)(1)(A). Any amounts transferred shall be merged with and be 
available for the same purposes and for the same time period as the 
fund to which transferred.
    Sec. 119.  Notwithstanding any other provision of law, funds made 
available in this title for operation and maintenance of family housing 
shall be the exclusive source of funds for repair and maintenance of 
all family housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be spent annually for 
the maintenance and repair of any general or flag officer quarters 
without 30 days prior notification, or 14 days for a notification 
provided in an electronic medium pursuant to sections 480 and 2883 of 
title 10, United States Code, to the Committees on Appropriations of 
both Houses of Congress, except that an after-the-fact notification 
shall be submitted if the limitation is exceeded solely due to costs 
associated with environmental remediation that could not be reasonably 
anticipated at the time of the budget submission: Provided further, 
That the Under Secretary of Defense (Comptroller) is to report annually 
to the Committees on Appropriations of both Houses of Congress all 
operation and maintenance expenditures for each individual general or 
flag officer quarters for the prior fiscal year.
    Sec. 120.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United 
States Code, are appropriated and shall be available until expended for 
the purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.

                     (including transfer of funds)

    Sec. 121.  During the 5-year period after appropriations available 
in this Act to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obligations incurred 
during the period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, Defense'', 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.
    Sec. 122.  None of the funds made available in this title may be 
obligated or expended for planning and design and construction of 
projects at Arlington National Cemetery.
    Sec. 123.  All amounts appropriated to the ``Department of 
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of 
Defense--Military Construction, Air Force'', and ``Department of 
Defense--Military Construction, Defense-Wide'' accounts pursuant to the 
authorization of appropriations in a National Defense Authorization Act 
specified for fiscal year 2023 in the funding table in section 4601 of 
that Act shall be immediately available and allotted to contract for 
the full scope of authorized projects.
    Sec. 124.  Notwithstanding section 116 of this Act, funds made 
available in this Act or any available unobligated balances from prior 
appropriations Acts may be obligated before October 1, 2024 for fiscal 
years 2017 and 2018 military construction projects for which project 
authorization has not lapsed or for which authorization is extended for 
fiscal year 2023 by a National Defense Authorization Act: Provided, 
That no amounts may be obligated pursuant to this section from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985.
    Sec. 125.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Committees on Armed Services of the 
House of Representatives and the Senate, the Subcommittee on Military 
Construction and Veterans Affairs of the Committee on Appropriations of 
the Senate, and the Subcommittee on Military Construction and Veterans 
Affairs of the Committee on Appropriations of the House of 
Representatives.
    Sec. 126.  For an additional amount for the accounts and in the 
amounts specified for planning and design and unspecified minor 
construction, for improving military installation resilience, to remain 
available until September 30, 2027:
            ``Military Construction, Army'', $40,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $40,000,000;
            ``Military Construction, Air Force'', $40,000,000; and
            ``Military Construction, Defense-Wide'', $15,000,000:
 Provided, That not later than 60 days after the date of enactment of 
this Act, the Secretary of the military department concerned, or their 
designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section: Provided further, That the Secretary of the military 
department concerned may not obligate or expend any funds prior to 
approval by the Committees on Appropriations of both Houses of Congress 
of the expenditure plan required by this section.
    Sec. 127.  For an additional amount for the accounts and in the 
amounts specified for planning and design, for child development 
centers, to remain available until September 30, 2027:
            ``Military Construction, Army'', $15,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $15,000,000; and
            ``Military Construction, Air Force'', $15,000,000:
 Provided, That not later than 60 days after the date of enactment of 
this Act, the Secretary of the military department concerned, or their 
designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section.
    Sec. 128.  For an additional amount for ``Military Construction, 
Air Force'', $360,000,000, to remain available until September 30, 
2027, for expenses incurred as a result of natural disasters: Provided, 
That not later than 60 days after the date of enactment of this Act, 
the Secretary of the Air Force, or their designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section.
    Sec. 129.  For an additional amount for the accounts and in the 
amounts specified for planning and design, unspecified minor 
construction, and authorized major construction projects, for 
construction improvements to Department of Defense laboratory 
facilities, to remain available until September 30, 2027:
            ``Military Construction, Army'', $40,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $30,000,000; and
            ``Military Construction, Air Force'', $30,000,000:
 Provided, That not later than 30 days after the date of enactment of 
this Act, the Secretary of the military department concerned, or their 
designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section: Provided further, That the Secretary of the military 
department concerned may not obligate or expend any funds prior to 
approval by the Committees on Appropriations of both Houses of Congress 
of the expenditure plan required by this section.
    Sec. 130.  For an additional amount for ``Military Construction, 
Air Force Reserve'', $8,000,000, to remain available until September 
30, 2027: Provided, That such funds may only be obligated to carry out 
construction projects identified in the Department of the Air Force's 
unfunded priority list for fiscal year 2023 submitted to Congress: 
Provided further, That not later than 60 days after the date of 
enactment of this Act, the Secretary of the Air Force, or a duly 
authorized designee, shall submit to the Committees on Appropriations 
of both Houses of Congress an expenditure plan for funds provided under 
this section.
    Sec. 131.  For an additional amount for the accounts and in the 
amounts specified to address cost increases identified subsequent to 
the fiscal year 2023 budget request for authorized major construction 
projects included in that request, to remain available until September 
30, 2027:
            ``Military Construction, Army'', $253,500,000;
            ``Military Construction, Navy and Marine Corps'', 
        $200,000,000;
            ``Military Construction, Air Force'', $30,000,000;
            ``Military Construction, Defense-Wide'', $37,897,000;
            ``Military Construction, Army National Guard'', 
        $89,000,000;
            ``Military Construction, Air National Guard'', $11,000,000;
            ``Military Construction, Army Reserve'', $66,000,000; and
            ``Military Construction, Navy Reserve'', $2,660,000:
 Provided, That not later than 30 days after the date of enactment of 
this Act, the Secretary of the military department concerned, or their 
designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section: Provided further, That the Secretary of the military 
department concerned may not obligate or expend any funds prior to 
approval by the Committees on Appropriations of both Houses of Congress 
of the expenditure plan required by this section.
    Sec. 132.  For an additional amount for ``Military Construction, 
Defense-Wide'' , $8,000,000, to remain available until September 30, 
2027, to address cost increases for authorized major construction 
projects funded by this Act: Provided, That not later than 30 days 
after the date of enactment of this Act, the Secretary of Defense, or 
their designee, shall submit to the Committees on Appropriations of 
both Houses of Congress an expenditure plan for funds provided under 
this section: Provided further, That the Secretary of Defense may not 
obligate or expend any funds prior to approval by the Committees on 
Appropriations of both Houses of Congress of the expenditure plan 
required by this section.
    Sec. 133.  For an additional amount for ``Military Construction, 
Navy and Marine Corps'', $100,000,000, to remain available until 
September 30, 2027, for planning and design of water treatment and 
distribution facilities construction, including relating to 
improvements of infrastructure and defueling at the Red Hill Bulk Fuel 
Storage Facility: Provided, That not later than 180 days after the date 
of enactment of this Act, the Secretary of the Navy, or their designee, 
shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for funds provided under this section: 
Provided further, That the Secretary of the Navy may not obligate or 
expend any funds prior to approval by the Committees on Appropriations 
of both Houses of Congress of the expenditure plan required by this 
section.
    Sec. 134.  For an additional amount for the accounts and in the 
amounts specified for barracks and unaccompanied personnel housing, to 
remain available until September 30, 2027:
            ``Military Construction, Army National Guard'', 
        $15,243,000; and
            ``Military Construction, Army Reserve'', $68,400,000:
 Provided, That such funds may only be obligated to carry out 
construction projects identified in the Department's unfunded priority 
list for fiscal year 2023 submitted to Congress: Provided further, That 
not later than 30 days after the date of enactment of this Act, the 
Secretary of the Army, or their designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section.
    Sec. 135.  For an additional amount for ``Family Housing 
Construction, Army'' , $138,783,000, to remain available until 
September 30, 2027: Provided, That such funds may only be obligated to 
carry out construction, improvement, and replacement projects 
identified in the Department of the Army's cost to complete projects 
list of previously appropriated projects submitted to Congress: 
Provided further, That, of the amount made available under this 
section, $28,900,000 shall be available for projects within the 
continental United States: Provided further, That such projects are 
subject to authorization prior to obligation and expenditure of funds 
to carry out construction: Provided further, That not later than 30 
days after the date of enactment of this Act, the Secretary of the 
Army, or their designee, shall submit to the Committees on 
Appropriations of both Houses of Congress an expenditure plan for funds 
provided under this section.
    Sec. 136.  For an additional amount for the accounts and in the 
amounts specified for child development centers, to remain available 
until September 30, 2027:
            ``Military Construction, Army'', $9,000,000; and
            ``Military Construction, Navy and Marine Corps'', 
        $47,940,000; and
            ``Military Construction, Air Force'', $22,393,000:
 Provided, That such funds may only be obligated to carry out 
construction projects identified in the respective military 
department's Future Years Defense Program list for fiscal year 2023 
submitted to Congress, or the respective military department's cost to 
complete project list of previously appropriated projects submitted to 
Congress: Provided further, That not later than 30 days after the date 
of enactment of this Act, the Secretary of the military department 
concerned, or their designee, shall submit to the Committees on 
Appropriations of both Houses of Congress an expenditure plan for funds 
provided under this section.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as authorized 
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, 
United States Code; pension benefits to or on behalf of veterans as 
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitlement Program 
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial 
life insurance policies guaranteed under the provisions of title IV of 
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and 
for other benefits as authorized by sections 107, 1312, 1977, and 2106, 
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$146,778,136,000, which shall become available on October 1, 2023, to 
remain available until expended: Provided, That not to exceed 
$21,423,000 of the amount made available for fiscal year 2024 under 
this heading shall be reimbursed to ``General Operating Expenses, 
Veterans Benefits Administration'', and ``Information Technology 
Systems'' for necessary expenses in implementing the provisions of 
chapters 51, 53, and 55 of title 38, United States Code, the funding 
source for which is specifically provided as the ``Compensation and 
Pensions'' appropriation: Provided further, That such sums as may be 
earned on an actual qualifying patient basis, shall be reimbursed to 
``Medical Care Collections Fund'' to augment the funding of individual 
medical facilities for nursing home care provided to pensioners as 
authorized.

                         readjustment benefits

     For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, 
$8,452,500,000, which shall become available on October 1, 2023, to 
remain available until expended: Provided, That expenses for 
rehabilitation program services and assistance which the Secretary is 
authorized to provide under subsection (a) of section 3104 of title 38, 
United States Code, other than under paragraphs (1), (2), (5), and (11) 
of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

     For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by chapters 19 and 21 of 
title 38, United States Code, $121,126,000, which shall become 
available on October 1, 2023, to remain available until expended.

                 veterans housing benefit program fund

     For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That, during fiscal year 2023, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $282,361,131.

            vocational rehabilitation loans program account

    For the cost of direct loans, $7,171, as authorized by chapter 31 
of title 38, United States Code: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That funds made 
available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$942,330.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $445,698, which may be paid to the appropriation 
for ``General Operating Expenses, Veterans Benefits Administration''.

          native american veteran housing loan program account

     For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $1,400,000.

      general operating expenses, veterans benefits administration

     For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of passenger 
motor vehicles, reimbursement of the General Services Administration 
for security guard services, and reimbursement of the Department of 
Defense for the cost of overseas employee mail, $3,863,000,000: 
Provided, That expenses for services and assistance authorized under 
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, 
United States Code, that the Secretary of Veterans Affairs determines 
are necessary to enable entitled veterans: (1) to the maximum extent 
feasible, to become employable and to obtain and maintain suitable 
employment; or (2) to achieve maximum independence in daily living, 
shall be charged to this account: Provided further, That, of the funds 
made available under this heading, not to exceed 10 percent shall 
remain available until September 30, 2024.

                     Veterans Health Administration

                            medical services

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 
1705(a) of title 38, United States Code, including care and treatment 
in facilities not under the jurisdiction of the Department, and 
including medical supplies and equipment, bioengineering services, food 
services, and salaries and expenses of healthcare employees hired under 
title 38, United States Code, assistance and support services for 
caregivers as authorized by section 1720G of title 38, United States 
Code, loan repayments authorized by section 604 of the Caregivers and 
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances 
authorized by section 322(d) of title 38, United States Code, grants 
authorized by section 521A of title 38, United States Code, and 
administrative expenses necessary to carry out sections 322(d) and 521A 
of title 38, United States Code, and hospital care and medical services 
authorized by section 1787 of title 38, United States Code; 
$327,000,000, which shall be in addition to funds previously 
appropriated under this heading that become available on October 1, 
2022; and, in addition, $74,004,000,000, plus reimbursements, shall 
become available on October 1, 2023, and shall remain available until 
September 30, 2024: Provided, That, of the amount made available on 
October 1, 2023, under this heading, $1,500,000,000 shall remain 
available until September 30, 2025: Provided further, That, 
notwithstanding any other provision of law, the Secretary of Veterans 
Affairs shall establish a priority for the provision of medical 
treatment for veterans who have service-connected disabilities, lower 
income, or have special needs: Provided further, That, notwithstanding 
any other provision of law, the Secretary of Veterans Affairs shall 
give priority funding for the provision of basic medical benefits to 
veterans in enrollment priority groups 1 through 6: Provided further, 
That, notwithstanding any other provision of law, the Secretary of 
Veterans Affairs may authorize the dispensing of prescription drugs 
from Veterans Health Administration facilities to enrolled veterans 
with privately written prescriptions based on requirements established 
by the Secretary: Provided further, That the implementation of the 
program described in the previous proviso shall incur no additional 
cost to the Department of Veterans Affairs: Provided further, That the 
Secretary of Veterans Affairs shall ensure that sufficient amounts 
appropriated under this heading for medical supplies and equipment are 
available for the acquisition of prosthetics designed specifically for 
female veterans.

                         medical community care

     For necessary expenses for furnishing health care to individuals 
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,300,000,000, which shall be in addition to 
funds previously appropriated under this heading that become available 
on October 1, 2022; and, in addition, $33,000,000,000, plus 
reimbursements, shall become available on October 1, 2023, and shall 
remain available until September 30, 2024: Provided, That, of the 
amount made available on October 1, 2023, under this heading, 
$2,000,000,000 shall remain available until September 30, 2025.

                     medical support and compliance

     For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), 
$1,400,000,000, which shall be in addition to funds previously 
appropriated under this heading that become available on October 1, 
2022; and, in addition, $12,300,000,000, plus reimbursements, shall 
become available on October 1, 2023, and shall remain available until 
September 30, 2024: Provided, That, of the amount made available on 
October 1, 2023, under this heading, $200,000,000 shall remain 
available until September 30, 2025.

                           medical facilities

     For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other necessary 
facilities of the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction, and renovation of 
any facility under the jurisdiction or for the use of the Department; 
for oversight, engineering, and architectural activities not charged to 
project costs; for repairing, altering, improving, or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the Department, not otherwise provided for, either by contract or by 
the hire of temporary employees and purchase of materials; for leases 
of facilities; and for laundry services; $1,500,000,000, which shall be 
in addition to funds previously appropriated under this heading that 
become available on October 1, 2022; and, in addition, $8,800,000,000, 
plus reimbursements, shall become available on October 1, 2023, and 
shall remain available until September 30, 2024: Provided, That, of the 
amount made available on October 1, 2023, under this heading, 
$350,000,000 shall remain available until September 30, 2025.

                    medical and prosthetic research

     For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, $926,000,000, plus reimbursements, shall 
remain available until September 30, 2024: Provided, That the Secretary 
of Veterans Affairs shall ensure that sufficient amounts appropriated 
under this heading are available for prosthetic research specifically 
for female veterans, and for toxic exposure research.

                    National Cemetery Administration

     For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $430,000,000, of which not to exceed 10 
percent shall remain available until September 30, 2024.

                      Departmental Administration

                         general administration

                     (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, $435,000,000, of which not to exceed 10 
percent shall remain available until September 30, 2024: Provided, That 
funds provided under this heading may be transferred to ``General 
Operating Expenses, Veterans Benefits Administration''.

                       board of veterans appeals

     For necessary operating expenses of the Board of Veterans Appeals, 
$285,000,000, of which not to exceed 10 percent shall remain available 
until September 30, 2024.

                     information technology systems

                     (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said 
acquisitions, including contractual costs associated with operations 
authorized by section 3109 of title 5, United States Code, 
$5,782,000,000, plus reimbursements: Provided, That $1,494,230,000 
shall be for pay and associated costs, of which not to exceed 3 percent 
shall remain available until September 30, 2024: Provided further, That 
$4,145,678,000 shall be for operations and maintenance, of which not to 
exceed 5 percent shall remain available until September 30, 2024: 
Provided further, That $142,092,000 shall be for information technology 
systems development, and shall remain available until September 30, 
2024: Provided further, That amounts made available for salaries and 
expenses, operations and maintenance, and information technology 
systems development may be transferred among the three subaccounts 
after the Secretary of Veterans Affairs requests from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued: Provided further, That amounts made 
available for the ``Information Technology Systems'' account for 
development may be transferred among projects or to newly defined 
projects: Provided further, That no project may be increased or 
decreased by more than $3,000,000 of cost prior to submitting a request 
to the Committees on Appropriations of both Houses of Congress to make 
the transfer and an approval is issued, or absent a response, a period 
of 30 days has elapsed: Provided further, That the funds made available 
under this heading for information technology systems development shall 
be for the projects, and in the amounts, specified in the table 
entitled ``Information Technology Development Projects'' under this 
heading in the report accompanying this Act.

                   veterans electronic health record

    For activities related to implementation, preparation, development, 
interface, management, rollout, and maintenance of a Veterans 
Electronic Health Record system, including contractual costs associated 
with operations authorized by section 3109 of title 5, United States 
Code, and salaries and expenses of employees hired under titles 5 and 
38, United States Code, $1,759,000,000, to remain available until 
September 30, 2025: Provided, That the Secretary of Veterans Affairs 
shall submit to the Committees on Appropriations of both Houses of 
Congress quarterly reports detailing obligations, expenditures, and 
deployment implementation by facility, including any changes from the 
deployment plan or schedule: Provided further, That the funds provided 
in this account shall only be available to the Office of the Deputy 
Secretary, to be administered by that Office: Provided further, That 25 
percent of the funds made available under this heading shall not be 
available until July 1, 2023, and are contingent upon the Secretary of 
Veterans Affairs providing a certification of any changes to the 
deployment schedules contained in the plan submitted pursuant to the 
last proviso under this heading in division J of Public Law 117-103, an 
updated plan with benchmarks and measurable metrics for deployment, and 
an updated plan for addressing all required infrastructure upgrades, no 
later than 30 days prior to that date to the Committees on 
Appropriations, and upon approval of the Committees on Appropriations 
prior to that date.

                      office of inspector general

     For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which 
not to exceed 10 percent shall remain available until September 30, 
2024.

                      construction, major projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, or for any of the 
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 
38, United States Code, not otherwise provided for, including planning, 
architectural and engineering services, construction management 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, where the estimated cost of a project is 
more than the amount set forth in section 8104(a)(3)(A) of title 38, 
United States Code, or where funds for a project were made available in 
a previous major project appropriation, $1,371,890,000, of which 
$731,722,000 shall remain available until September 30, 2027, and of 
which $640,168,000 shall remain available until expended, of which 
$1,500,000 shall be available for seismic improvement projects and 
seismic program management activities, including for projects that 
would otherwise be funded by the Construction, Minor Projects, Medical 
Facilities or National Cemetery Administration accounts: Provided, That 
except for advance planning activities, including needs assessments 
which may or may not lead to capital investments, and other capital 
asset management related activities, including portfolio development 
and management activities, and planning, cost estimating, and design 
for major medical facility projects and major medical facility leases 
and investment strategy studies funded through the advance planning 
fund and the planning and design activities funded through the design 
fund, staffing expenses, and funds provided for the purchase, security, 
and maintenance of land for the National Cemetery Administration 
through the land acquisition line item, none of the funds made 
available under this heading shall be used for any project that has not 
been notified to Congress through the budgetary process or that has not 
been approved by the Congress through statute, joint resolution, or in 
the explanatory statement accompanying such Act and presented to the 
President at the time of enrollment: Provided further, That such sums 
as may be necessary shall be available to reimburse the ``General 
Administration'' account for payment of salaries and expenses of all 
Office of Construction and Facilities Management employees to support 
the full range of capital infrastructure services provided, including 
minor construction and leasing services: Provided further, That funds 
made available under this heading for fiscal year 2023, for each 
approved project shall be obligated: (1) by the awarding of a 
construction documents contract by September 30, 2023; and (2) by the 
awarding of a construction contract by September 30, 2024: Provided 
further, That the Secretary of Veterans Affairs shall promptly submit 
to the Committees on Appropriations of both Houses of Congress a 
written report on any approved major construction project for which 
obligations are not incurred within the time limitations established 
above: Provided further, That notwithstanding the requirements of 
section 8104(a) of title 38, United States Code, amounts made available 
under this heading for seismic improvement projects and seismic program 
management activities shall be available for the completion of both new 
and existing seismic projects of the Department.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of 
title 38, United States Code, not otherwise provided for, where the 
estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$626,110,000, of which $563,499,000 shall remain available until 
September 30, 2027, and of which $62,611,000 shall remain available 
until expended, along with unobligated balances of previous 
``Construction, Minor Projects'' appropriations which are hereby made 
available for any project where the estimated cost is equal to or less 
than the amount set forth in such section: Provided, That funds made 
available under this heading shall be for: (1) repairs to any of the 
nonmedical facilities under the jurisdiction or for the use of the 
Department which are necessary because of loss or damage caused by any 
natural disaster or catastrophe; and (2) temporary measures necessary 
to prevent or to minimize further loss by such causes.

       grants for construction of state extended care facilities

     For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $150,000,000, to remain 
available until expended.

             grants for construction of veterans cemeteries

     For grants to assist States and tribal organizations in 
establishing, expanding, or improving veterans cemeteries as authorized 
by section 2408 of title 38, United States Code, $50,000,000, to remain 
available until expended.

                    asset and infrastructure review

     For carrying out the VA Asset and Infrastructure Review Act of 
2018 (subtitle A of title II of Public Law 115-182), $5,000,000, to 
remain available until September 30, 2024.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2023 for 
``Compensation and Pensions'', ``Readjustment Benefits'', and 
``Veterans Insurance and Indemnities'' may be transferred as necessary 
to any other of the mentioned appropriations: Provided, That, before a 
transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and such Committees issue 
an approval, or absent a response, a period of 30 days has elapsed.

                     (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2023, in this or any other Act, under the 
``Medical Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'' accounts may be transferred 
among the accounts: Provided, That any transfers among the ``Medical 
Services'', ``Medical Community Care'', and ``Medical Support and 
Compliance'' accounts of 1 percent or less of the total amount 
appropriated to the account in this or any other Act may take place 
subject to notification from the Secretary of Veterans Affairs to the 
Committees on Appropriations of both Houses of Congress of the amount 
and purpose of the transfer: Provided further, That any transfers among 
the ``Medical Services'', ``Medical Community Care'', and ``Medical 
Support and Compliance'' accounts in excess of 1 percent, or exceeding 
the cumulative 1 percent for the fiscal year, may take place only after 
the Secretary requests from the Committees on Appropriations of both 
Houses of Congress the authority to make the transfer and an approval 
is issued: Provided further, That any transfers to or from the 
``Medical Facilities'' account may take place only after the Secretary 
requests from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and an approval is issued.
    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code; hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States 
Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, Major Projects'', and 
``Construction, Minor Projects'') shall be available for the purchase 
of any site for or toward the construction of any new hospital or home.
    Sec. 205.  No appropriations in this title shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled to such hospitalization or examination under the laws 
providing such benefits to veterans, and persons receiving such 
treatment under sections 7901 through 7904 of title 5, United States 
Code, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
cost of such hospitalization or examination is made to the ``Medical 
Services'' account at such rates as may be fixed by the Secretary of 
Veterans Affairs.
    Sec. 206.  Appropriations available in this title for 
``Compensation and Pensions'', ``Readjustment Benefits'', and 
``Veterans Insurance and Indemnities'' shall be available for payment 
of prior year accrued obligations required to be recorded by law 
against the corresponding prior year accounts within the last quarter 
of fiscal year 2022.
    Sec. 207.  Appropriations available in this title shall be 
available to pay prior year obligations of corresponding prior year 
appropriations accounts resulting from sections 3328(a), 3334, and 
3712(a) of title 31, United States Code, except that if such 
obligations are from trust fund accounts they shall be payable only 
from ``Compensation and Pensions''.

                     (including transfer of funds)

    Sec. 208.  Notwithstanding any other provision of law, during 
fiscal year 2023, the Secretary of Veterans Affairs shall, from the 
National Service Life Insurance Fund under section 1920 of title 38, 
United States Code, the Veterans' Special Life Insurance Fund under 
section 1923 of title 38, United States Code, and the United States 
Government Life Insurance Fund under section 1955 of title 38, United 
States Code, reimburse the ``General Operating Expenses, Veterans 
Benefits Administration'' and ``Information Technology Systems'' 
accounts for the cost of administration of the insurance programs 
financed through those accounts: Provided, That reimbursement shall be 
made only from the surplus earnings accumulated in such an insurance 
program during fiscal year 2023 that are available for dividends in 
that program after claims have been paid and actuarially determined 
reserves have been set aside: Provided further, That if the cost of 
administration of such an insurance program exceeds the amount of 
surplus earnings accumulated in that program, reimbursement shall be 
made only to the extent of such surplus earnings: Provided further, 
That the Secretary shall determine the cost of administration for 
fiscal year 2023 which is properly allocable to the provision of each 
such insurance program and to the provision of any total disability 
income insurance included in that insurance program.
    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services shall be 
available until expended.

                     (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management, Diversity and Inclusion, the Office of 
Employment Discrimination Complaint Adjudication, and the Alternative 
Dispute Resolution function within the Office of Human Resources and 
Administration for all services provided at rates which will recover 
actual costs but not to exceed $86,481,000 for the Office of Resolution 
Management, Diversity and Inclusion, $6,812,000 for the Office of 
Employment Discrimination Complaint Adjudication, and $4,576,000 for 
the Alternative Dispute Resolution function within the Office of Human 
Resources and Administration: Provided, That payments may be made in 
advance for services to be furnished based on estimated costs: Provided 
further, That amounts received shall be credited to the ``General 
Administration'' and ``Information Technology Systems'' accounts for 
use by the office that provided the service.
    Sec. 211.  No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required: Provided further, 
That any amounts so recovered for care or services provided in a prior 
fiscal year may be obligated by the Secretary during the fiscal year in 
which amounts are received.

                     (including transfer of funds)

    Sec. 212.  Notwithstanding any other provision of law, proceeds or 
revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ``Construction, Major Projects'' 
and ``Construction, Minor Projects'' accounts and be used for 
construction (including site acquisition and disposition), alterations, 
and improvements of any medical facility under the jurisdiction or for 
the use of the Department of Veterans Affairs. Such sums as realized 
are in addition to the amount provided for in ``Construction, Major 
Projects'' and ``Construction, Minor Projects''.
    Sec. 213.  Amounts made available under ``Medical Services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.

                     (including transfer of funds)

    Sec. 214.  Such sums as may be deposited into the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to the ``Medical Services'' and ``Medical 
Community Care'' accounts to remain available until expended for the 
purposes of these accounts.
    Sec. 215.  The Secretary of Veterans Affairs may enter into 
agreements with Federally Qualified Health Centers in the State of 
Alaska and Indian tribes and tribal organizations which are party to 
the Alaska Native Health Compact with the Indian Health Service, to 
provide healthcare, including behavioral health and dental care, to 
veterans in rural Alaska. The Secretary shall require participating 
veterans and facilities to comply with all appropriate rules and 
regulations, as established by the Secretary. The term ``rural Alaska'' 
shall mean those lands which are not within the boundaries of the 
municipality of Anchorage or the Fairbanks North Star Borough.

                     (including transfer of funds)

    Sec. 216.  Such sums as may be deposited into the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, Major 
Projects'' and ``Construction, Minor Projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 217.  Not later than 30 days after the end of each fiscal 
quarter, the Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a report on the 
financial status of the Department of Veterans Affairs for the 
preceding quarter: Provided, That, at a minimum, the report shall 
include the direction contained in the paragraph entitled ``Quarterly 
reporting'', under the heading ``General Administration'' in the joint 
explanatory statement accompanying Public Law 114-223.

                     (including transfer of funds)

    Sec. 218.  Amounts made available under the ``Medical Services'', 
``Medical Community Care'', ``Medical Support and Compliance'', 
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits 
Administration'', ``Board of Veterans Appeals'', ``General 
Administration'', and ``National Cemetery Administration'' accounts for 
fiscal year 2023 may be transferred to or from the ``Information 
Technology Systems'' account: Provided, That such transfers may not 
result in a more than 10 percent aggregate increase in the total amount 
made available by this Act for the ``Information Technology Systems'' 
account: Provided further, That, before a transfer may take place, the 
Secretary of Veterans Affairs shall request from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued.

                     (including transfer of funds)

    Sec. 219.  Of the amounts appropriated to the Department of 
Veterans Affairs for fiscal year 2023 for ``Medical Services'', 
``Medical Community Care'', ``Medical Support and Compliance'', 
``Medical Facilities'', ``Construction, Minor Projects'', and 
``Information Technology Systems'', up to $330,140,000, plus 
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund, 
established by section 1704 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be 
used for operation of the facilities designated as combined Federal 
medical facilities as described by section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4500): Provided, That additional funds may be 
transferred from accounts designated in this section to the Joint 
Department of Defense--Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Veterans Affairs to the Committees on Appropriations of both Houses of 
Congress: Provided further, That section 220 of title II of division J 
of Public Law 117-103 is repealed.

                     (including transfer of funds)

    Sec. 220.  Of the amounts appropriated to the Department of 
Veterans Affairs which become available on October 1, 2023, for 
``Medical Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'', up to $314,825,000, plus 
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund, 
established by section 1704 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be 
used for operation of the facilities designated as combined Federal 
medical facilities as described by section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4500): Provided, That additional funds may be 
transferred from accounts designated in this section to the Joint 
Department of Defense--Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Veterans Affairs to the Committees on Appropriations of both Houses of 
Congress.

                     (including transfer of funds)

    Sec. 221.  Such sums as may be deposited into the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, for healthcare provided at facilities designated as combined 
Federal medical facilities as described by section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer 
to the Joint Department of Defense--Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 1704 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2571); and (2) for operations of the facilities 
designated as combined Federal medical facilities as described by 
section 706 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That, 
notwithstanding section 1704(b)(3) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund 
shall remain available until expended.

                     (including transfer of funds)

    Sec. 222.  Of the amounts available in this title for ``Medical 
Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund, 
as authorized by section 8111(d) of title 38, United States Code, to 
remain available until expended, for any purpose authorized by section 
8111 of title 38, United States Code.
    Sec. 223.  The Secretary of Veterans Affairs shall notify the 
Committees on Appropriations of both Houses of Congress of all bid 
savings in a major construction project that total at least $5,000,000, 
or 5 percent of the programmed amount of the project, whichever is 
less: Provided, That such notification shall occur within 14 days of a 
contract identifying the programmed amount: Provided further, That the 
Secretary shall notify the Committees on Appropriations of both Houses 
of Congress 14 days prior to the obligation of such bid savings and 
shall describe the anticipated use of such savings.
    Sec. 224.  None of the funds made available for ``Construction, 
Major Projects'' may be used for a project in excess of the scope 
specified for that project in the original justification data provided 
to the Congress as part of the request for appropriations unless the 
Secretary of Veterans Affairs receives approval from the Committees on 
Appropriations of both Houses of Congress.
    Sec. 225.  Not later than 30 days after the end of each fiscal 
quarter, the Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a quarterly 
report containing performance measures and data from each Veterans 
Benefits Administration Regional Office: Provided, That, at a minimum, 
the report shall include the direction contained in the section 
entitled ``Disability claims backlog'', under the heading ``General 
Operating Expenses, Veterans Benefits Administration'' in the joint 
explanatory statement accompanying Public Law 114-223: Provided 
further, That the report shall also include information on the number 
of appeals pending at the Veterans Benefits Administration as well as 
the Board of Veterans Appeals on a quarterly basis.
    Sec. 226.  The Secretary of Veterans Affairs shall provide written 
notification to the Committees on Appropriations of both Houses of 
Congress 15 days prior to organizational changes which result in the 
transfer of 25 or more full-time equivalents from one organizational 
unit of the Department of Veterans Affairs to another.
    Sec. 227.  The Secretary of Veterans Affairs shall provide on a 
quarterly basis to the Committees on Appropriations of both Houses of 
Congress notification of any single national outreach and awareness 
marketing campaign in which obligations exceed $1,000,000.

                     (including transfer of funds)

    Sec. 228.  The Secretary of Veterans Affairs, upon determination 
that such action is necessary to address needs of the Veterans Health 
Administration, may transfer to the ``Medical Services'' account any 
discretionary appropriations made available for fiscal year 2023 in 
this title (except appropriations made to the ``General Operating 
Expenses, Veterans Benefits Administration'' account) or any 
discretionary unobligated balances within the Department of Veterans 
Affairs, including those appropriated for fiscal year 2023, that were 
provided in advance by appropriations Acts: Provided, That transfers 
shall be made only with the approval of the Office of Management and 
Budget: Provided further, That the transfer authority provided in this 
section is in addition to any other transfer authority provided by law: 
Provided further, That no amounts may be transferred from amounts that 
were designated by Congress as an emergency requirement pursuant to a 
concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985: Provided further, That such 
authority to transfer may not be used unless for higher priority items, 
based on emergent healthcare requirements, than those for which 
originally appropriated and in no case where the item for which funds 
are requested has been denied by Congress: Provided further, That, upon 
determination that all or part of the funds transferred from an 
appropriation are not necessary, such amounts may be transferred back 
to that appropriation and shall be available for the same purposes as 
originally appropriated: Provided further, That before a transfer may 
take place, the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress the authority 
to make the transfer and receive approval of that request.

                     (including transfer of funds)

    Sec. 229.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2023, under the ``Board of Veterans Appeals'' 
and the ``General Operating Expenses, Veterans Benefits 
Administration'' accounts may be transferred between such accounts: 
Provided, That before a transfer may take place, the Secretary of 
Veterans Affairs shall request from the Committees on Appropriations of 
both Houses of Congress the authority to make the transfer and receive 
approval of that request.
    Sec. 230.  The Secretary of Veterans Affairs may not reprogram 
funds among major construction projects or programs if such instance of 
reprogramming will exceed $7,000,000, unless such reprogramming is 
approved by the Committees on Appropriations of both Houses of 
Congress.
    Sec. 231. (a) The Secretary of Veterans Affairs shall ensure that 
the toll-free suicide hotline under section 1720F(h) of title 38, 
United States Code--
            (1) provides to individuals who contact the hotline 
        immediate assistance from a trained professional; and
            (2) adheres to all requirements of the American Association 
        of Suicidology.
    (b)(1) None of the funds made available by this Act may be used to 
enforce or otherwise carry out any Executive action that prohibits the 
Secretary of Veterans Affairs from appointing an individual to occupy a 
vacant civil service position, or establishing a new civil service 
position, at the Department of Veterans Affairs with respect to such a 
position relating to the hotline specified in subsection (a).
    (2) In this subsection--
            (A) the term ``civil service'' has the meaning given such 
        term in section 2101(1) of title 5, United States Code; and
            (B) the term ``Executive action'' includes--
                    (i) any Executive order, Presidential memorandum, 
                or other action by the President; and
                    (ii) any agency policy, order, or other directive.
    (c)(1) The Secretary of Veterans Affairs shall conduct a study on 
the effectiveness of the hotline specified in subsection (a) during the 
5-year period beginning on January 1, 2016, based on an analysis of 
national suicide data and data collected from such hotline.
    (2) At a minimum, the study required by paragraph (1) shall--
            (A) determine the number of veterans who contact the 
        hotline specified in subsection (a) and who receive follow up 
        services from the hotline or mental health services from the 
        Department of Veterans Affairs thereafter;
            (B) determine the number of veterans who contact the 
        hotline who are not referred to, or do not continue receiving, 
        mental health care who commit suicide; and
            (C) determine the number of veterans described in 
        subparagraph (A) who commit or attempt suicide.
    Sec. 232.  Effective during the period beginning on October 1, 
2018, and ending on January 1, 2024, none of the funds made available 
to the Secretary of Veterans Affairs by this or any other Act may be 
obligated or expended in contravention of the ``Veterans Health 
Administration Clinical Preventive Services Guidance Statement on the 
Veterans Health Administration's Screening for Breast Cancer Guidance'' 
published on May 10, 2017, as issued by the Veterans Health 
Administration National Center for Health Promotion and Disease 
Prevention.
    Sec. 233.  Subchapter II of chapter 17 of title 38, United States 
Code, is amended by adding at the end the following new section (and 
conforming the table of sections at the beginning of such chapter 
accordingly):
``Sec. 1720K. Infertility counseling and treatment; reimbursement of 
              adoption expenses
    ``(a) Infertility Counseling and Treatment.--(1) Pursuant to 
regulations the Secretary shall prescribe to carry out this subsection, 
the Secretary may provide infertility counseling and treatment, using 
assisted reproductive technology, including in vitro fertilization, 
intrauterine insemination, and other advanced reproductive 
technologies, to the following:
            ``(A) A veteran--
                    ``(i) who is enrolled in the system of annual 
                patient enrollment established and operated under 
                section 1705 of this title; and
                    ``(ii) who, in the judgment of a health care 
                professional of the Department--
                            ``(I) has a service-connected disability or 
                        condition causing or aggravating infertility; 
                        or
                            ``(II) is infertile as a result of having 
                        received medically necessary treatment pursuant 
                        to this chapter.
            ``(B) The spouse of a veteran described in subparagraph 
        (A), or the partner of a veteran described in subparagraph (A) 
        whom the veteran designates for purposes of this subsection.
    ``(2)(A) The Secretary may contract with a provider of in vitro 
fertilization services to obtain donor gametes or embryos from third-
party donors.
    ``(B) The Secretary may only obtain third-party donation of gametes 
or embryos through a contract.
    ``(C) The Secretary may not provide assisted reproductive 
technology services or medical services to third-party donors.
    ``(3)(A) The Secretary may contract with a facility to furnish the 
cryopreservation, storage, and transportation of gametes and embryos.
    ``(B) The Secretary may not impose any limitation on the period in 
which an embryo or gamete is cryopreserved and stored pursuant to this 
subsection.
    ``(4) The legal status, custody, future use, donation, disposition, 
or destruction, of gametes or embryos relating to infertility or 
treatment furnished under this subsection shall be determined in 
accordance with the law of the State in which the gametes or embryos 
are located.
    ``(5)(A) In prescribing regulations to carry out this subsection, 
the Secretary shall ensure that any in vitro fertilization (including 
with respect to the number of retrieval attempts and completed embryo 
transfer cycles) will be--
            ``(i) determined using the best medical evidence available; 
        and
            ``(ii) provided in accordance with applicable standards of 
        care.
    ``(B) In furnishing in vitro fertilization to a covered individual 
pursuant to this subsection, the Secretary is responsible only for 
payment of the costs of the in vitro fertilization services.
    ``(C) The Secretary may not furnish an in vitro fertilization cycle 
to a covered individual under this subsection unless the Secretary 
receives consent for such cycle from each of the following:
            ``(i) The covered individual.
            ``(ii) If the covered individual is a spouse or partner of 
        a veteran as described in subparagraph (1)(B), the veteran.
            ``(iii) If applicable, the third-party donor.
    ``(6) In this subsection:
            ``(A) The term `covered individual' means a veteran, 
        spouse, or partner who receives infertility counseling and 
        treatment under paragraph (1).
            ``(B) The term `gamete' means a mature sperm or an oocyte 
        or egg germ cell, as applicable.
            ``(C) The term `infertility' means the inability to 
        procreate without the use of infertility treatment.
            ``(D) The term `in vitro fertilization' means the procedure 
        in which an oocyte is removed from a mature ovarian follicle 
        and fertilized by a sperm cell outside the human body and, at 
        the appropriate time, transferred into the uterus.
            ``(E) The term `third-party donor' means an individual who 
        consents to donate the gametes or embryo of the individual for 
        use in treatment furnished pursuant to this subsection.
    ``(b) Adoption Reimbursement.--(1) Pursuant to regulations the 
Secretary shall prescribe to carry out this subsection, the Secretary 
may reimburse an eligible veteran for qualifying adoption expenses 
incurred by the veteran in the adoption of a child.
    ``(2) For purposes of this subsection, an eligible veteran is a 
veteran who meets the following criteria:
            ``(A) The veteran is enrolled in the system of annual 
        patient enrollment established and operated under section 1705 
        of this title.
            ``(B) The veteran, in the judgment of the health care 
        professional of the Department--
                    ``(i) has a service-connected disability or 
                condition causing or aggravating infertility; or
                    ``(ii) is infertile as a result of having received 
                medically necessary treatment pursuant to this chapter.
    ``(3) An adoption for which expenses may be reimbursed under this 
subsection includes an adoption by a single person, an infant adoption, 
an intercountry adoption, or an adoption of a child with special needs 
(as defined in section 473(c) of the Social Security Act (42 U.S.C. 
673(c))).
    ``(4) The Secretary may reimburse an eligible veteran for 
qualifying adoption expenses under this subsection only after the 
adoption is final.
    ``(5) The Secretary may not reimburse an eligible veteran for 
qualifying adoption expenses under this subsection for any expense paid 
to or for the veteran under any other adoption benefits program 
administered by the Federal Government or under any such program 
administered by a State or local government.
    ``(6)(A)(i) The Secretary may not reimburse an eligible veteran, or 
two eligible veterans who are partners, for qualifying adoption 
expenses under this subsection for more than one adoption.
    ``(ii) The Secretary may not reimburse more than one eligible 
veteran for the qualifying adoption expenses under this subsection for 
the adoption of the same child.
    ``(B) In prescribing regulations to carry out this subsection, the 
Secretary shall establish minimum and maximum amounts for the 
reimbursement of qualifying adoption expenses.
    ``(7) In this subsection:
            ``(A) Notwithstanding section 101 of this title, the term 
        `child' means an individual who is under the age of eighteen 
        years.
            ``(B) The term `qualified adoption agency' means--
                    ``(i) a State or local government agency that has 
                responsibility under State or local law for child 
                placement through adoption;
                    ``(ii) a nonprofit, voluntary adoption agency that 
                is authorized by State or local law to place children 
                for adoption;
                    ``(iii) any other source authorized by a State to 
                provide adoption placement if the adoption is 
                supervised by a court under State or local law; or
                    ``(iv) a foreign government or an agency authorized 
                by a foreign government to place children for adoption, 
                in any case in which--
                            ``(I) the adopted child is entitled to 
                        automatic citizenship under section 320 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1431); or
                            ``(II) a certificate of citizenship has 
                        been issued for such child under section 322 of 
                        that Act (8 U.S.C. 1433).
            ``(C) The term `qualifying adoption expenses' means 
        reasonable and necessary expenses that are directly related to 
        the legal adoption of a child, but only if such adoption is 
        arranged by a qualified adoption agency. Such term does not 
        include any expense incurred--
                    ``(i) by an adopting parent for travel; or
                    ``(ii) in connection with an adoption arranged in 
                violation of Federal, State, or local law.
            ``(D) The term `reasonable and necessary expenses' 
        includes--
                    ``(i) public and private agency fees, including 
                adoption fees charged by an agency in a foreign 
                country;
                    ``(ii) placement fees, including fees charged 
                adoptive parents for counseling;
                    ``(iii) legal fees (including court costs) or 
                notary expenses; and
                    ``(iv) medical expenses, including hospital 
                expenses of the biological mother of the child to be 
                adopted and of a newborn infant to be adopted.''.
    Sec. 234.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with: (1) section 
842 of the Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) 
section 8110(a)(5) of title 38, United States Code.
    Sec. 235.  Section 842 of Public Law 109-115 shall not apply to 
conversion of an activity or function of the Veterans Health 
Administration, Veterans Benefits Administration, or National Cemetery 
Administration to contractor performance by a business concern that is 
at least 51 percent owned by one or more Indian tribes as defined in 
section 5304(e) of title 25, United States Code, or one or more Native 
Hawaiian Organizations as defined in section 637(a)(15) of title 15, 
United States Code.
    Sec. 236. (a) Except as provided in subsection (b), the Secretary 
of Veterans Affairs, in consultation with the Secretary of Defense and 
the Secretary of Labor, shall discontinue using Social Security account 
numbers to identify individuals in all information systems of the 
Department of Veterans Affairs as follows:
            (1) For all veterans submitting to the Secretary of 
        Veterans Affairs new claims for benefits under laws 
        administered by the Secretary, not later than March 23, 2023.
            (2) For all individuals not described in paragraph (1), not 
        later than March 23, 2026.
    (b) The Secretary of Veterans Affairs may use a Social Security 
account number to identify an individual in an information system of 
the Department of Veterans Affairs if and only if the use of such 
number is required to obtain information the Secretary requires from an 
information system that is not under the jurisdiction of the Secretary.
    (c) The matter in subsections (a) and (b) shall supersede section 
238 of division F of Public Law 116-94.
    Sec. 237.  For funds provided to the Department of Veterans Affairs 
for each of fiscal year 2023 and 2024 for ``Medical Services'', section 
239 of division A of Public Law 114-223 shall apply.
    Sec. 238.  None of the funds appropriated in this or prior 
appropriations Acts or otherwise made available to the Department of 
Veterans Affairs may be used to transfer any amounts from the Filipino 
Veterans Equity Compensation Fund to any other account within the 
Department of Veterans Affairs.
    Sec. 239.  Of the funds provided to the Department of Veterans 
Affairs for each of fiscal year 2023 and fiscal year 2024 for ``Medical 
Services'', funds may be used in each year to carry out and expand the 
child care program authorized by section 205 of Public Law 111-163, 
notwithstanding subsection (e) of such section.
    Sec. 240.  None of the funds appropriated or otherwise made 
available in this title may be used by the Secretary of Veterans 
Affairs to enter into an agreement related to resolving a dispute or 
claim with an individual that would restrict in any way the individual 
from speaking to members of Congress or their staff on any topic not 
otherwise prohibited from disclosure by Federal law or required by 
Executive order to be kept secret in the interest of national defense 
or the conduct of foreign affairs.
    Sec. 241.  For funds provided to the Department of Veterans Affairs 
for each of fiscal year 2023 and 2024, section 258 of division A of 
Public Law 114-223 shall apply.
    Sec. 242. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to deny an Inspector General funded 
under this Act timely access to any records, documents, or other 
materials available to the department or agency over which that 
Inspector General has responsibilities under the Inspector General Act 
of 1978 (5 U.S.C. App.), or to prevent or impede the access of the 
Inspector General to such records, documents, or other materials, under 
any provision of law, except a provision of law that expressly refers 
to such Inspector General and expressly limits the right of access.
    (b) A department or agency covered by this section shall provide 
its Inspector General access to all records, documents, and other 
materials in a timely manner.
    (c) Each Inspector General shall ensure compliance with statutory 
limitations on disclosure relevant to the information provided by the 
establishment over which that Inspector General has responsibilities 
under the Inspector General Act of 1978 (5 U.S.C. App.).
    (d) Each Inspector General covered by this section shall report to 
the Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives within 5 calendar days 
of any failure by any department or agency covered by this section to 
comply with this requirement.
    Sec. 243.  None of the funds made available in this Act may be used 
in a manner that would increase wait times for veterans who seek care 
at medical facilities of the Department of Veterans Affairs.
    Sec. 244.  None of the funds appropriated or otherwise made 
available by this Act to the Veterans Health Administration may be used 
in fiscal year 2023 to convert any program which received specific 
purpose funds in fiscal year 2022 to a general purpose funded program 
unless the Secretary of Veterans Affairs submits written notification 
of any such proposal to the Committees on Appropriations of both Houses 
of Congress at least 30 days prior to any such action and an approval 
is issued by the Committees.
    Sec. 245. (a) Except as provided by subsection (b), none of the 
funds made available by this Act may be used by the Secretary of 
Veterans Affairs to purchase, breed, transport, house, feed, maintain, 
dispose of, or experiment on, dogs or cats as part of the conduct of 
any study including an assignment of pain category D or E, as defined 
by the Pain and Distress Categories of the Department of Agriculture 
(or such successor categories developed pursuant to section 13 of the 
Animal Welfare Act (7 U.S.C. 2143)).
    (b) Subsection (a) shall not apply to training programs or studies 
of service dogs described in section 1714 of title 38, United States 
Code, or section 17.148 of title 38, Code of Federal Regulations.
    Sec. 246.  Amounts made available for the ``Veterans Health 
Administration, Medical Community Care'' account in this or any other 
Act for fiscal years 2023 and 2024 may be used for expenses that would 
otherwise be payable from the Veterans Choice Fund established by 
section 802 of the Veterans Access, Choice, and Accountability Act, as 
amended (38 U.S.C. 1701 note).
    Sec. 247.  Obligations and expenditures applicable to the ``Medical 
Services'' account in fiscal years 2017 through 2019 for aid to state 
homes (as authorized by section 1741 of title 38, United States Code) 
shall remain in the ``Medical Community Care'' account for such fiscal 
years.
    Sec. 248.  Of the amounts made available for the Department of 
Veterans Affairs for fiscal year 2023, in this or any other Act, under 
the ``Veterans Health Administration--Medical Services'', ``Veterans 
Health Administration--Medical Community Care'', ``Veterans Health 
Administration--Medical Support and Compliance'', and ``Veterans Health 
Administration--Medical Facilities'' accounts, $911,119,000 shall be 
made available for gender-specific care and programmatic efforts to 
deliver care for women veterans.

                     (including transfer of funds)

    Sec. 249.  Amounts made available for the Department of Veterans 
Affairs for ``Medical Facilities'' and ``General Administration'' in 
this Act or prior Acts that remain available for obligation in fiscal 
year 2023 may be transferred as necessary to the ``Asset and 
Infrastructure Review'' account for the purposes of carrying out the VA 
Asset and Infrastructure Review Act of 2018 (subtitle A of title II of 
Public Law 115-182): Provided, That the total amounts transferred may 
not increase the account by more than $2,000,000: Provided further, 
That in advance of any such transfer, the Secretary of Veterans Affairs 
shall request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and such Committees issue 
an approval, or absent a response, a period of 30 days has elapsed.

                         (rescission of funds)

    Sec. 250.  Of the unobligated balances in the ``Recurring Expenses 
Transformational Fund'' established in section 243 of division J of 
Public Law 114-113, $48,132,853 is hereby rescinded.
    Sec. 251.  Not later than 30 days after the end of each fiscal 
quarter, the Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a quarterly 
report on the status of the ``Veterans Medical Care and Health Fund'', 
established to execute section 8002 of the American Rescue Plan Act of 
2021 (Public Law 117-2): Provided, That, at a minimum, the report shall 
include an update on obligations by program, project or activity and a 
plan for expending the remaining funds: Provided further, That the 
Secretary of Veterans Affairs must submit notification of any plans to 
reallocate funds from the current apportionment categories of ``Medical 
Services'', ``Medical Support and Compliance'', ``Medical Facilities'', 
``Medical Community Care'', or ``Medical and Prosthetic Research'', 
including the amount and purpose of each reallocation to the Committees 
on Appropriations of both Houses of Congress and such Committees issue 
an approval, or absent a response, a period of 30 days has elapsed.
    Sec. 252.  By no later than September 30, 2023, the Secretary shall 
commence construction of the Community-Based Outpatient Clinic in 
Bakersfield, California in accordance with Lease No. 36C10F20L0008.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $15,000 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $87,500,000, to remain available until expended.

                 foreign currency fluctuations account

     For necessary expenses, not otherwise provided for, of the 
American Battle Monuments Commission, such sums as may be necessary, to 
remain available until expended, for purposes authorized by section 
2109 of title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

     For necessary expenses for the operation of the United States 
Court of Appeals for Veterans Claims as authorized by sections 7251 
through 7298 of title 38, United States Code, $45,159,000: Provided, 
That $3,385,000 shall be available for the purpose of providing 
financial assistance as described and in accordance with the process 
and reporting procedures set forth under this heading in Public Law 
102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses for maintenance, operation, and improvement 
of Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, including the purchase or lease of passenger motor vehicles 
for replacement on a one-for-one basis only, and not to exceed $2,000 
for official reception and representation expenses, $93,400,000, of 
which not to exceed $15,000,000 shall remain available until September 
30, 2025. In addition, such sums as may be necessary for parking 
maintenance, repairs and replacement, to be derived from the ``Lease of 
Department of Defense Real Property for Defense Agencies'' account.

                              construction

     For necessary expenses for planning and design and construction at 
Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, $62,500,000, to remain available until expended, of which 
$2,500,000 shall be for study, planning and design, and architect and 
engineering services for Memorial Avenue improvements at Arlington 
National Cemetery; and $60,000,000 shall be for planning and design and 
construction associated with the Southern Expansion project at 
Arlington National Cemetery.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $75,360,000, to remain available until 
September 30, 2024, of which $7,300,000 shall remain available until 
expended for construction and renovation of the physical plants at the 
Armed Forces Retirement Home--Washington, District of Columbia, and the 
Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of 
the amounts made available under this heading from funds available in 
the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid 
from the general fund of the Treasury to the Trust Fund.

                           major construction

    For an additional amount for necessary expenses related to design, 
planning, and construction for renovation of the Sheridan Building at 
the Armed Forces Retirement Home--Washington, District of Columbia, 
$77,000,000, to remain available until expended, shall be paid from the 
general fund of the Treasury to the Armed Forces Retirement Home Trust 
Fund.

                        Administrative Provision

    Sec. 301.  Amounts deposited into the special account established 
under 10 U.S.C. 7727 are appropriated and shall be available until 
expended to support activities at the Army National Military 
Cemeteries.

                                TITLE IV

                           GENERAL PROVISIONS

    Sec. 401.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402.  None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 403.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 404.  Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives and the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate.
    Sec. 405.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 406.  None of the funds made available in this Act may be used 
for a project or program named for an individual serving as a Member, 
Delegate, or Resident Commissioner of the United States House of 
Representatives.
    Sec. 407. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public Web 
site of that agency any report required to be submitted by the Congress 
in this or any other Act, upon the determination by the head of the 
agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains confidential or proprietary 
        information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 408. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 409.  None of the funds made available in this Act may be used 
by an agency of the executive branch to pay for first-class travel by 
an employee of the agency in contravention of sections 301-10.122 
through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 410.  None of the funds made available in this Act may be used 
to execute a contract for goods or services, including construction 
services, where the contractor has not complied with Executive Order 
No. 12989.
    Sec. 411.  None of the funds made available by this Act may be used 
in contravention of section 101(e)(8) of title 10, United States Code.
    This Act may be cited as the ``Military Construction, Veterans 
Affairs, and Related Agencies Appropriations Act, 2023''.
                                                 Union Calendar No. 299

117th CONGRESS

  2d Session

                               H. R. 8238

                          [Report No. 117-391]

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