The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2023, and for other purposes, namely:
Division A — Continuing Appropriations Act, 2023
DIVISION A Continuing Appropriations Act, 2023
Sec. 101.
Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2022 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2022, and for which appropriations, funds, or other authority were made available in the following appropriations Acts:
The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022 (division A of Public Law 117–103), except section 783, and except that section 785 shall be applied by substituting “$125,000,000” for “$250,000,000”.
The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022 (division B of Public Law 117–103), except section 521(c)(1).
The Department of Defense Appropriations Act, 2022 (division C of Public Law 117–103).
The Energy and Water Development and Related Agencies Appropriations Act, 2022 (division D of Public Law 117–103).
The Financial Services and General Government Appropriations Act, 2022 (division E of Public Law 117–103), except the matter under the heading “Postal Regulatory Commission” in title V.
The Department of Homeland Security Appropriations Act, 2022 (division F of Public Law 117–103), except sections 544 and 545, and including title II of division O of Public Law 117–103.
The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2022 (division G of Public Law 117–103).
The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2022 (division H of Public Law 117–103), and section 162 of division A of Public Law 117–43.
The Legislative Branch Appropriations Act, 2022 (division I of Public Law 117–103), and section 6 in the matter preceding division A of Public Law 117–103.
The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (division J of Public Law 117–103).
The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103), except the first proviso of section 7069(e).
The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 (division L of Public Law 117–103).
Sec. 102.
No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for:
the new production of items not funded for production in fiscal year 2022 or prior years;
the increase in production rates above those sustained with fiscal year 2022 funds; or
the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2022.
No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.
Sec. 103.
Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act.
Sec. 104.
Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2022.
Sec. 105.
Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act.
Sec. 106.
Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2023, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs:
The enactment into law of an appropriation for any project or activity provided for in this Act.
The enactment into law of the applicable appropriations Act for fiscal year 2023 without any provision for such project or activity.
December 16, 2022.
Sec. 107.
Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.
Sec. 108.
Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds.
Sec. 109.
Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2023 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives.
Sec. 110.
This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities.
Sec. 111.
For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2022, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2022, to be continued through the date specified in section 106(3).
Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2022 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments.
Sec. 112.
Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2022, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.
Sec. 113.
Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114.
Each amount incorporated by reference in this Act that was previously designated by the Congress as an emergency requirement pursuant to sections 4001(a)(1) and 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, or as being for disaster relief pursuant to section 4005(f) of such concurrent resolution, is designated as being an emergency requirement pursuant to section 4001(a)(1) of such concurrent resolution and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022, or as being for disaster relief pursuant to section 1(f) of such House resolution, respectively.
Sec. 115.
Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)—
to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act; or
which are no-year TAFS and receive other appropriations in this Act,
may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress.
Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of—
the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or
the amount of balances available, as of October 1, 2022, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act.
No later than November 21, 2022, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101: Provided, That the information in such comprehensive list shall be periodically updated to reflect any subsequent changes in the amount of balances available, as of October 1, 2022, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101, and such updates shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate upon request.
Sec. 116.
Amounts made available by section 101 for “Farm Service Agency—Agricultural Credit Insurance Fund Program Account” may be apportioned up to the rate for operations necessary to accommodate approved applications for direct and guaranteed farm ownership loans, as authorized by 7 U.S.C. 1922 et seq.
Sec. 117.
Amounts made available by section 101 to the Department of Agriculture for “Rural Business—Cooperative Service—Rural Microentrepreneur Assistance Program” may be used for the costs of loans, including the cost of modifying such loans, as defined in section 502 of the Congressional Budget Act of 1974, under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s).
Sec. 118.
Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) shall be applied by substituting the date specified in section 106(3) of this Act for “September 30, 2022”.
Sec. 119.
Amounts made available by section 101 to the Department of Commerce for “Economic Development Administration—Salaries and Expenses” may be apportioned up to the rate for operations necessary to maintain agency operations.
Sec. 120.
Amounts made available by section 101 for “Department of Commerce—National Telecommunications and Information Administration—Salaries and Expenses” may be apportioned up to the rate for operations necessary to ensure continued oversight of public safety communications programs.
Sec. 121.
In addition to amounts otherwise provided by section 101, for “Department of Justice—Federal Bureau of Investigation—Salaries and Expenses”, there is appropriated $15,300,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2023, for investigative activities associated with Afghan resettlement operations: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 122.
Notwithstanding sections 101 and 106, through September 30, 2023, the Secretary of Defense may transfer up to $3,000,000,000 from unobligated balances from amounts made available under the heading “Department of Defense—Operation and Maintenance—Overseas Humanitarian, Disaster, and Civic Aid” in division C of Public Law 117–43 and division B of Public Law 117–70 to any appropriation account under the headings “Department of State and Related Agency—Department of State—Administration of Foreign Affairs”, “Bilateral Economic Assistance—Department of State—Migration and Refugee Assistance”, and “Bilateral Economic Assistance—Department of State—United States Emergency Refugee and Migration Assistance Fund” for support of Operation Allies Welcome or any successor operation: Provided, That upon transfer, such funds shall be merged with the appropriation to which such funds are transferred except that such funds may be made available for such purposes notwithstanding any requirement or limitation applicable to the appropriation to which transferred, including sections 2(c)(1) and 2(c)(2) of the Migration and Refugee Assistance Act of 1962 with respect to the United States Emergency Refugee and Migration Assistance Fund and in sections 4(a) and 4(b) of the State Department Basic Authorities Act of 1956 with respect to funds transferred to the Emergencies in the Diplomatic and Consular Service account: Provided further, That section 2215 of title 10, United States Code, shall not apply to a transfer of funds under this subsection: Provided further, That the exercise of the authority of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That any funds transferred pursuant to this subsection that were previously designated by the Congress as an emergency requirement pursuant to the concurrent resolution on the budget are designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Not later than November 1, 2022 and prior to any transfer of funds pursuant to subsection (a), the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a written report on Operation Allies Welcome or any successor operation: Provided, That such report shall describe the number and status of Afghans residing at Department of Defense and Department of State-managed facilities and any anticipated future arrivals at such facilities; the strategy and plan, including timeline, for adjudicating and relocating all Afghans residing at Department of Defense or overseas civilian facilities and for the transition of operations and responsibilities under Operation Allies Welcome or any successor operation from the Department of Defense to the Department of State during fiscal year 2023; the activities and responsibilities assigned to each Federal agency involved in such strategy and plan; and a spend plan, containing an estimate of the costs, including additional construction and security costs, to be incurred by each such agency for carrying out such strategy and plan, and the sources of funds: Provided further, That prior to the initial obligation of funds transferred to the Department of State pursuant to subsection (a), the Secretary of State shall submit a report to such Committees detailing the roles and responsibilities of Department of State bureaus and offices in Operation Allies Welcome or any successor operation.
Sec. 123.
During the period covered by this Act, section 714(b)(2)(B) of title 10, United States Code, shall be applied by substituting “three years” for “two years”.
Sec. 124.
Of the remaining unobligated balances, as of September 30, 2022, from amounts provided under the heading “Afghanistan Security Forces Fund” in title IX of division C of Public Law 116–260, $100,000,000 is hereby permanently rescinded, and in addition to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2022, for an additional amount for fiscal year 2022, to remain available until September 30, 2025, for the same purposes and under the same authorities provided under such heading in Public Law 116–260, in addition to other funds as may be available for such purposes.
Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act.
If this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022.
Sec. 125.
In addition to amounts otherwise provided by section 101, for “Corps of Engineers—Civil—Construction”, there is appropriated $20,000,000, for an additional amount for fiscal year 2023, to remain available until expended, for necessary expenses related to water and wastewater infrastructure under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 126.
During the period covered by this Act, title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 204 of division D of Public Law 117–103, shall be applied by substituting “2023” for “2022” each place it appears.
During the period covered by this Act, section 103(f)(4)(A) of title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1696) shall be applied by substituting “$25,650,000” for “$25,000,000”.
Sec. 127.
During the period covered by this Act, section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting “2023” for “2022”.
During the period covered by this Act, section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting “2023” for “2022”.
During the period covered by this Act, section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting “2023” for “2022”.
Sec. 128.
In addition to amounts otherwise provided by section 101, amounts are provided for “Department of the Treasury—Alcohol and Tobacco Tax and Trade Bureau—Salaries and Expenses” at a rate for operations of $14,929,000, for an additional amount to administer the Craft Beverage Modernization Act import claims program, as required by the Taxpayer Certainty and Disaster Tax Relief Act of 2020, and such amounts may be apportioned up to the rate for operations necessary to establish and implement a new import claims program.
Sec. 129.
Notwithstanding section 101, title II of division E of Public Law 117–103 shall be applied by adding the following new heading and appropriation language under the heading “Executive Office of the President and Funds Appropriated to the President”:
“salaries and expenses “For necessary expenses of the Office of the National Cyber Director, as authorized by section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), $21,000,000, of which not to exceed $5,000 shall be available for official reception and representation expenses.”
Sec. 130.
Notwithstanding section 101, amounts are provided for “The Judiciary—Courts of Appeals, District Courts, and Other Judicial Services—Fees of Jurors and Commissioners” at a rate for operations of $59,565,000.
Sec. 131.
In addition to amounts otherwise provided by section 101, for “The Judiciary—Courts of Appeals, District Courts, and Other Judicial Services—Court Security”, there is appropriated $112,500,000, for an additional amount for fiscal year 2023, to remain available until expended, for security improvements at United States courthouses and Federal court facilities: Provided, That not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until all funds provided by this section have been expended, the Director of the Administrative Office of the United States Courts shall provide, in an appropriate format, quarterly reports on the obligations and expenditures of the funds provided under this section to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 132.
Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds made available under the heading “District of Columbia—District of Columbia Funds” for such programs and activities under the District of Columbia Appropriations Act, 2022 (title IV of division E of Public Law 117–103) at the rate set forth in the Fiscal Year 2023 Local Budget Act of 2022 (D.C. Act 24–486), as modified as of the date of enactment of this Act.
Sec. 133.
In addition to amounts otherwise provided by section 101, amounts are provided for “Small Business Administration—Salaries and Expenses” at a rate for operations of $20,000,000, for an additional amount for costs associated with the establishment and implementation of a Government-wide service-disabled veteran-owned small business certification program within the Small Business Administration, as required by section 36 of the Small Business Act (15 U.S.C. 657f) and section 862 of Public Law 116–283: Provided, That such amounts may be apportioned up to the rate for operations necessary to establish and implement such certification program: Provided further, That such amounts may be obligated in the account and budget structure set forth in H.R. 8294, as passed by the House of Representatives on July 20, 2022.
Sec. 134.
Amounts made available by section 101 for “Small Business Administration—Business Loans Program Account” may be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), for guarantees of trust certificates authorized by section 5(g) of the Small Business Act (15 U.S.C. 634(g)), for commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697), and for commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)).
Sec. 135.
Amounts made available by section 101 to the Department of Homeland Security under the heading “Federal Emergency Management Agency—Disaster Relief Fund” may be apportioned up to the rate for operations necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
Sec. 136.
Notwithstanding sections 101, 104, and 106, to carry out the Hermit’s Peak/Calf Canyon Fire Assistance Act, there is appropriated $2,500,000,000, to remain available until expended, to the Department of Homeland Security for “Federal Emergency Management Agency—Hermit’s Peak/Calf Canyon Fire Assistance Account”, which shall be derived by transfer from amounts made available under the heading “Federal Emergency Management Agency—Disaster Relief Fund” in title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), of which $1,000,000 shall be transferred to “Office of the Inspector General—Operations and Support” for oversight of activities authorized by the Hermit’s Peak/Calf Canyon Fire Assistance Act: Provided, That no amounts may be derived from amounts made available for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further, That amounts provided by this section shall be subject to the same authorities and conditions as if such amounts were provided by title III of the Department of Homeland Security Appropriations Act, 2022 (division F of Public Law 117–103): Provided further, That not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until all funds provided by this section have been expended, the Administrator of the Federal Emergency Management Agency shall provide, in an appropriate format, quarterly reports to the Committees on Appropriations of the Senate and the House of Representatives on the obligations and expenditures of the funds made available by this section: Provided further, That amounts transferred by this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 137.
Section 708(b)(13) of the Homeland Security Act of 2002 (6 U.S.C. 348(b)(13)) shall be applied by substituting the date specified in section 106(3) of this Act for “September 30, 2022”.
Sec. 138.
During the period covered by this Act, section 822(a) of the Homeland Security Act of 2002 (6 U.S.C. 383(a)) shall be applied by substituting “2023” for “2022”.
Sec. 139.
Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act for “September 30, 2022”.
Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act.
If this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022.
Sec. 140.
Section 880(g) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) shall be applied by substituting the date specified in section 106(3) of this Act for “September 30, 2022”.
Sec. 141.
Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C. 124n(i)) shall be applied by substituting the date specified in section 106(3) of this Act for “the date that is 4 years after the date of enactment of this section”.
Sec. 142.
Amounts made available by section 101 for “Department of the Interior—National Park Service—National Recreation and Preservation” for heritage partnership programs may be used to provide financial assistance to any national heritage area, national heritage corridor, cultural heritage corridor, national heritage partnership, national heritage route, national heritage canalway, and battlefields national historic district established as of September 1, 2022, notwithstanding any statutory sunset provision terminating the Secretary’s authority to provide assistance to any such area and notwithstanding any limitation on amounts authorized to be appropriated with respect to any such area.
Sec. 143.
Amounts made available by section 101 to the Department of the Interior under the heading “Working Capital Fund” may be apportioned up to the rate for operations necessary to implement enterprise cybersecurity safeguards.
Sec. 144.
In addition to amounts otherwise provided by section 101, amounts are provided for “Department of Health and Human Services—Indian Health Service—Indian Health Services” at a rate for operations of $16,721,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2022 and 2023, and such amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities.
In addition to amounts otherwise provided by section 101, amounts are provided for “Department of Health and Human Services—Indian Health Service—Indian Health Facilities” at a rate for operations of $1,201,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2022 and 2023, and such amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities.
Sec. 145.
In addition to amounts otherwise provided by section 101, for “Department of Health and Human Services—Substance Abuse and Mental Health Services Administration—Mental Health”, there is appropriated $62,000,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2023, for carrying out 988 Suicide Lifeline activities and behavioral health crisis services.
Sec. 146.
In addition to amounts otherwise provided by section 101, for “Department of Health and Human Services—Administration for Children and Families—Low Income Home Energy Assistance”, there is appropriated $1,000,000,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2023, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided, That of the funds made available by this section, $500,000,000 shall be allocated as though the total appropriation for such payments for fiscal year 2023 was less than $1,975,000,000: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 147.
In addition to amounts otherwise provided by section 101, for “Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance”, there is appropriated $1,775,000,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2025, to carry out section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 148.
Notwithstanding section 101, the first paragraph under the heading “Social Security Administration—Limitation on Administrative Expenses” in title IV of division H of Public Law 117–103 shall be applied by substituting “$13,602,945,000” for “$13,202,945,000”.
Sec. 149.
During the period covered by this Act, subsection (a)(1)(A) of section 2502 of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43) shall be applied by substituting the date specified in section 106(3) for “September 30, 2022”.
The amount provided by this section is designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 150.
Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3), in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose.
Sec. 151.
Notwithstanding section 101, section 126 of division J of Public Law 117–103 shall be applied during the period covered by this Act by substituting “fiscal year 2017 and fiscal year 2018” for “fiscal year 2017”.
Sec. 152.
Notwithstanding section 101, amounts are provided for—
“Department of State and Related Agency—Department of State—Administration of Foreign Affairs—Diplomatic Programs” at a rate for operations of $9,228,789,000;
“Bilateral Economic Assistance—Funds Appropriated to the President—International Disaster Assistance” at a rate for operations of $4,555,460,000;
“Bilateral Economic Assistance—Funds Appropriated to the President—Transition Initiatives” at a rate for operations of $100,000,000;
“Bilateral Economic Assistance—Funds Appropriated to the President—Assistance for Europe, Eurasia and Central Asia” at a rate for operations of $850,000,000;
“Bilateral Economic Assistance—Department of State—Migration and Refugee Assistance” at a rate for operations of $3,562,188,000;
“International Security Assistance—Department of State—International Narcotics Control and Law Enforcement” at a rate for operations of $1,421,004,000; and
“International Security Assistance—Funds Appropriated to the President—Foreign Military Financing Program” at a rate for operations of $6,190,424,000.
Sec. 153.
During the period covered by this Act, section 579 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) shall be applied by substituting “2023” for “2022” each place it appears.
Sec. 154.
Amounts made available by section 101 to the Department of Housing and Urban Development for “Public and Indian Housing—Native Hawaiian Housing Loan Guarantee Fund Program Account” may be apportioned up to the rate for operations necessary to accommodate demand for commitments to guarantee loans as authorized by section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b).
Sec. 155.
In addition to amounts otherwise provided by section 101, for “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund”, there is appropriated $2,000,000,000, for an additional amount for fiscal year 2023, to remain available until expended, for the same purposes and under the same terms and conditions as funds appropriated under such heading in title VIII of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43), except that such amounts shall be for major disasters that occurred in 2021 or 2022 and the fourth, twentieth, and twenty-first provisos under such heading in such Act shall not apply: Provided, That amounts made available under this section and under such heading in such Act may be used by a grantee to assist utilities as part of a disaster-related eligible activity under section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
Sec. 156.
Notwithstanding section 106 of this Act, at any time during fiscal year 2023, the Secretary of Housing and Urban Development may transfer up to $1,300,000 in unobligated balances from amounts made available in prior Acts under the heading “Housing Programs—Project-Based Rental Assistance” to Treasury Appropriation Fund Symbol 86 X 0148 for the liquidation of obligations incurred in fiscal year 2018 in connection with the continued provision of interest reduction payments authorized under section 236 of the National Housing Act (12 U.S.C. 1715z–1).
Sec. 157.
The remaining unobligated balances, as of September 30, 2022, from amounts made available for “Department of Transportation—Office of the Secretary—National Infrastructure Investments” in title I of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) are hereby permanently rescinded, and in addition to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2022, for an additional amount for fiscal year 2022, to remain available until September 30, 2023, and shall be available, without additional competition, for completing the funding of awards made pursuant to the fiscal year 2020 national infrastructure investments program, in addition to other funds as may be available for such purposes.
The remaining unobligated balances, as of September 30, 2022, from amounts made available to the Department of Transportation in section 105 of division L of the Consolidated Appropriations Act, 2021 (Public Law 116–260) are hereby permanently rescinded, and in addition to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2022, for an additional amount for fiscal year 2022, to remain available until September 30, 2023, and shall be available, without additional competition, for completing the funding of awards made pursuant to the fiscal year 2019 national infrastructure investments program, in addition to other funds as may be available for such purposes.
Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act.
If this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022.
This division may be cited as the “Continuing Appropriations Act, 2023”.