[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4366 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
March 6, 2024.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 4366) entitled ``An Act making appropriations for
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2024, and for other
purposes.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2024''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION G--OTHER MATTERS
Title I--Health and Human Services
Title II--Amending Compacts of Free Association
Title III--Extensions and Other Matters
Title IV--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the Senate
section of the Congressional Record on or about March 5, 2024, and
submitted by the chair of the Committee on Appropriations of the
Senate, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through F of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2024.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available (or
repurposed, rescinded, or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
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, $2,022,775,000, to remain
available until September 30, 2028: Provided, That, of this amount,
not to exceed $398,145,000 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, $522,220,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Army'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
Military Construction, Navy 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, $5,531,369,000, to remain available until September 30,
2028: Provided, That, of this amount, not to exceed $711,505,000 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,
$335,563,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Navy and Marine Corps'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such
purposes.
Military Construction, 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, $2,741,424,000, to remain available until September 30, 2028:
Provided, That, of this amount, not to exceed $567,874,000 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,
$193,610,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air Force'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
Military Construction, 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,
$3,161,782,000, to remain available until September 30, 2028:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further,
That, of the amount, not to exceed $347,545,000 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, $36,100,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Defense-Wide'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
Military Construction, 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, $620,647,000, to remain available until September
30, 2028: Provided, That, of the amount, not to exceed $79,221,000
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, $270,461,000 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
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
Military Construction, 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, $295,526,000, to remain available until September
30, 2028: Provided, That, of the amount, not to exceed $68,454,000
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,
$123,804,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air National Guard'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise 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, $151,076,000, to
remain available until September 30, 2028: Provided, That, of the
amount, not to exceed $27,389,000 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: Provided further, That of the amount made
available under this heading, $44,000,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Army Reserve'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
Military Construction, Navy Reserve
For construction, acquisition, expansion, 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, $51,291,000, to remain available until September
30, 2028: Provided, That, of the amount, not to exceed $6,495,000
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, $331,572,000, to
remain available until September 30, 2028: Provided, That, of the
amount, not to exceed $14,646,000 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, $40,000,000 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
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
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, $293,434,000, 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), $489,174,000, 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, $304,895,000, to remain available
until September 30, 2028.
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, $395,485,000.
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, $277,142,000, to
remain available until September 30, 2028.
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, $373,854,000.
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, $237,097,000, to remain available
until September 30, 2028.
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, $324,386,000.
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, $50,785,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$6,611,000, 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, $496,000, 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(5) 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.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of April 2021, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2028:
``Military Construction, Army'', $8,214,000;
``Military Construction, Navy and Marine Corps'',
$182,150,000;
``Military Construction, Air Force'', $166,300,000;
``Military Construction, Defense-Wide'', $62,400,000;
``Military Construction, Army National Guard'',
$66,815,000;
``Military Construction, Air National Guard'', $5,200,000;
and
``Military Construction, Army Reserve'', $23,000,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the respective
military department's unfunded priority list for fiscal year 2024
submitted to Congress: Provided further, That such projects are
subject to authorization prior to obligation and expenditure of funds
to carry out construction: Provided further, That not later than 60
days after enactment of this Act, the Secretary of the 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. 125. 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 2024 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. 126. 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, 2025 for fiscal
year 2017, 2018, and 2019 military construction projects for which
project authorization has not lapsed or for which authorization is
extended for fiscal year 2024 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. 127. 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. 128. 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, 2028:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$7,500,000; and
``Military Construction, Air Force'', $7,500,000:
Provided, That not later than 60 days after 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. 129. For an additional amount for the accounts and in the
amounts specified for planning and design and unspecified minor
construction for construction improvements to Department of Defense
laboratory facilities, to remain available until September 30, 2028:
``Military Construction, Army'', $10,000,000;
``Military Construction, Navy and Marine Corps'',
$10,000,000; and
``Military Construction, Air Force'', $10,000,000:
Provided, That not later than 60 days after 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. 130. For an additional amount for ``Military Construction,
Air Force'', $150,000,000, to remain available until September 30,
2028, 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. 131. 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, 2028:
``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. 132. For an additional amount for the accounts and in the
amounts specified for planning and design, for barracks, to remain
available until September 30, 2028:
``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. 133. For an additional amount for ``Military Construction,
Air Force'', $16,000,000, to remain available until September 30, 2028,
for cost increases identified subsequent to the fiscal year 2024 budget
request for authorized major construction projects: Provided, That not
later than 60 days after 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. 134. For an additional amount for the accounts and in the
amounts specified for unspecified minor construction for demolition, to
remain available until September 30, 2028:
``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: 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.
(including transfer of funds)
Sec. 135. Of the proceeds credited to the Department of Defense
Family Housing Improvement Fund pursuant to subsection (c)(1)(D) of
section 2883 of title 10, United States Code, pursuant to a Department
of Navy investment, the Secretary of Defense shall transfer $19,000,000
to the Secretary of the Navy under paragraph (3) of subsection (d) of
such section for use by the Secretary of the Navy as provided in
paragraph (1) of such subsection until expended.
Sec. 136. For an additional amount for ``Military Construction,
Defense-Wide'', $37,100,000, to remain available until September 30,
2028: Provided, That such funds may only be obligated to carry out
construction projects specified in a National Defense Authorization Act
for fiscal year 2024 in the funding table in section 4601 of that Act:
Provided further, That not later than 30 days after 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.
Sec. 137. For an additional amount for ``Military Construction,
Air National Guard'', $83,000,000, to remain available until September
30, 2028, for planning and design and authorized major construction
projects at future foreign military training sites: Provided, That not
later than 60 days after 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. 138. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
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,
$15,072,388,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2023, to remain available until expended; and, in addition,
$182,310,515,000, which shall become available on October 1, 2024, to
remain available until expended: Provided, That not to exceed
$22,109,000 of the amount made available for fiscal year 2025 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,
$374,852,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2023, to remain available until expended; and, in addition,
$13,399,805,000, which shall become available on October 1, 2024, 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, $12,701,000, which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2023, to remain available until expended; and,
in addition, $135,119,422, which shall become available on October 1,
2024, 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 2024, 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, $316,742,419.
vocational rehabilitation loans program account
For the cost of direct loans, $78,337, 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
$2,026,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $460,698, 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, $2,718,546.
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, $3,899,000,000:
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, 2025.
Veterans Health Administration
medical services
(including rescission of funds)
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;
$71,000,000,000, plus reimbursements, which shall become available on
October 1, 2024, and shall remain available until September 30, 2025:
Provided, That, of the amount made available on October 1, 2024, under
this heading, $2,000,000,000 shall remain available until September 30,
2026: Provided further, That of the $74,004,000,000 that became
available on October 1, 2023, previously appropriated under this
heading in division J of the Consolidated Appropriations Act, 2023
(Public Law 117-328), $3,034,205,000 is hereby rescinded: 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: Provided further, That
nothing in section 2044(e) of title 38, United States Code, may be
construed as limiting amounts that may be made available under this
heading for fiscal years 2024 and 2025 in this or prior Acts.
medical community care
(including rescission of funds)
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $20,382,000,000, plus reimbursements, which
shall become available on October 1, 2024, and shall remain available
until September 30, 2025: Provided, That, of the amount made available
on October 1, 2024, under this heading, $2,000,000,000 shall remain
available until September 30, 2026: Provided further, That of the
$33,000,000,000 that became available on October 1, 2023, previously
appropriated under this heading in division J of the Consolidated
Appropriations Act, 2023 (Public Law 117-328), $2,657,977,000 is hereby
rescinded.
medical support and compliance
(including rescission of funds)
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.),
$11,800,000,000, plus reimbursements, which shall become available on
October 1, 2024, and shall remain available until September 30, 2025:
Provided, That, of the amount made available on October 1, 2024, under
this heading, $350,000,000 shall remain available until September 30,
2026: Provided further, That of the $12,300,000,000 that became
available on October 1, 2023, previously appropriated under this
heading in division J of the Consolidated Appropriations Act, 2023
(Public Law 117-328), $1,550,000,000 is hereby rescinded.
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; $149,485,000, which shall be
in addition to funds previously appropriated under this heading that
became available on October 1, 2023; and, in addition, $9,400,000,000,
plus reimbursements, which shall become available on October 1, 2024,
and shall remain available until September 30, 2025: Provided, That,
of the amount made available on October 1, 2024, under this heading,
$500,000,000 shall remain available until September 30, 2026.
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, $943,000,000, plus reimbursements, shall
remain available until September 30, 2025: 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, $480,000,000, of which not to exceed 10
percent shall remain available until September 30, 2025.
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, $475,000,000, of which not to exceed 10
percent shall remain available until September 30, 2025: 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,
$287,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2025.
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,
$6,401,000,000, plus reimbursements: Provided, That $1,606,977,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2025: Provided further,
That $4,668,373,000 shall be for operations and maintenance, of which
not to exceed 5 percent shall remain available until September 30,
2025, and of which $75,288,000 shall remain available until September
30, 2028, for the purpose of facility activations related to projects
funded by the ``Construction, Major Projects'', ``Construction, Minor
Projects'', ``Medical Facilities'', ``National Cemetery
Administration'', ``General Operating Expenses, Veterans Benefits
Administration'', and ``General Administration'' accounts: Provided
further, That $125,650,000 shall be for information technology systems
development, and shall remain available until September 30, 2025:
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
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated 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, $1,334,142,000, to remain available until
September 30, 2026: 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, 2024, and are contingent upon the Secretary of
Veterans Affairs--
(1) providing the Committees on Appropriations of both
Houses of Congress a report, no later than 60 days after
enactment of this Act on the status of issues that caused the
delayed deployment of the new electronic health record to
additional sites that was announced on April 21, 2023;
(2) providing the Committees on Appropriations of both
Houses of Congress a report on the reset process as of June 1,
2024, including an outline of the measurable operational
metrics that will be used to determine when it is appropriate
to re-start deployments, progress on achieving those metrics,
progress toward clinical and product standardization, and the
current performance at all Department of Veterans Affairs
facilities using the new electronic health record on or before
September 2023 compared to pre-deployment baselines for metrics
impacted by the deployment of the new electronic health record;
and
(3) certifying in writing no later than 30 days prior to
July 1, 2024, whether the system is stable, ready, and
optimized for further deployment at VA sites, and if not, an
estimate of the timeline required to begin further deployments.
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.), $296,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2025.
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, $961,218,560, of which
$453,314,560 shall remain available until September 30, 2028, and of
which $507,904,000 shall remain available until expended, of which
$110,000,000 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 and the Veterans Health 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 funds provided for the
Veterans Health Administration through the land acquisition line item
shall be only for projects included on the five year development plan
notified to Congress through the budgetary process: 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 2024, for
each approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2024; and (2) by the
awarding of a construction contract by September 30, 2025: 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,
$692,000,000, of which $612,000,000 shall remain available until
September 30, 2028, and of which $80,000,000 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, $171,000,000, 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, $60,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2024 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 2024, 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 2023.
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 2024, 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 2024 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 2024 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 $145,408,000 for the Office of
Resolution Management, Diversity and Inclusion, $6,960,000 for the
Office of Employment Discrimination Complaint Adjudication, and
$7,772,000 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: Provided
further, That the amounts made available for the Office of Resolution
Management, Diversity and Inclusion under this section may be used for
implementation of section 402 of division U of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) and the amendments made
by such section 402.
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 2024 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 2024 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $430,532,000, 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 117-328 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2024, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $456,547,000, 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. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 224. 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. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the 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. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing 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. 227. 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. 228. 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. 229. 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 2024 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 2024, 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. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2024, 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. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the 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. 233. Effective during the period beginning on October 1,
2018, and ending on January 1, 2025, 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. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 235. 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. 236. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits 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. 237. (a) The Secretary of Veterans Affairs, in consultation
with the Secretary of Defense and the Secretary of Labor, shall
discontinue collecting and using Social Security account numbers to
authenticate individuals in all information systems of the Department
of Veterans Affairs for all individuals not later than September 30,
2024.
(b) The Secretary of Veterans Affairs may collect and use a Social
Security account number to identify an individual, in accordance with
section 552a of title 5, United States Code, in an information system
of the Department of Veterans Affairs if and only if the use of such
number is necessary to:
(1) obtain or provide information the Secretary requires
from an information system that is not under the jurisdiction
of the Secretary;
(2) comply with a law, regulation, or court order;
(3) perform anti-fraud activities; or
(4) identify a specific individual where no adequate
substitute is available.
(c) The matter in subsections (a) and (b) shall supersede section
237 of division J of Public Law 117-328.
Sec. 238. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2024 and 2025 for ``Medical Services'', section
239 of division A of Public Law 114-223 shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2024 and fiscal year 2025 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. 241. 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. 242. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2024 and 2025, section 258 of division A of
Public Law 114-223 shall apply.
Sec. 243. (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. 244. 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. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2024 to convert any program which received specific
purpose funds in fiscal year 2023 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. 246. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2024 and 2025, section 248 of division A of
Public Law 114-223 shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise made
available by this Act may be used to conduct research commencing on or
after the date of enactment of this Act, that uses any canine, feline,
or non-human primate unless the Secretary of Veterans Affairs approves
such research specifically and in writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of
research commencing on or after the date of enactment of this Act,
using canines, felines, or non-human primates if the Secretary
certifies that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates and
cannot be met using other animal models, in vitro models,
computational models, human clinical studies, or other research
alternatives;
(B) such scientific objectives are necessary to advance
research benefiting veterans and are directly related to an
illness or injury that is combat-related as defined by 10
U.S.C. 1413(e);
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document; and
(D) ethical considerations regarding minimizing the harm
experienced by canines, felines, or non-human primates are
included in evaluating the scientific necessity of the
research.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement of such
research, the Secretary shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the USDA pain category on the approved use;
(4) the justification for the determination of the
Secretary that the scientific objectives of such research could
only be met using canines, felines, or non-human primates, and
methods used to make such determination;
(5) the frequency and duration of such research; and
(6) the protocols in place to ensure the necessity, safety,
and efficacy of the research, and animal welfare.
(d) Not later than 180 days after the date of the enactment of this
Act, and biannually thereafter, the Secretary shall submit to such
Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research;
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research; and
(5) the development and adoption of alternatives to
canines, felines, or non-human primate research.
(e) Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Department of Veterans Affairs must
submit to voluntary U.S. Department of Agriculture inspections of
canine, feline, and non-human primate research facilities.
(f) Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit to such
Committees a report describing --
(1) any violations of the Animal Welfare Act, the Public
Health Service Policy on Humane Care and Use of Laboratory
Animals, or other Department of Veterans Affairs policies
related to oversight of animal research found during that
quarter in VA research facilities;
(2) immediate corrective actions taken; and
(3) specific actions taken to prevent their recurrence.
(g) The Department shall implement a plan under which the Secretary
will eliminate the research conducted using canines, felines, or non-
human primates by not later than 2 years after the date of enactment of
this Act.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 249. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2024 and 2025 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. 250. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state
homes (as authorized by section 1741 of title 38, United States Code)
shall remain in the ``Medical Community Care'' account for such fiscal
years.
Sec. 251. Of the amounts made available for the Department of
Veterans Affairs for fiscal year 2024, 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, $990,446,000 shall be
made available for gender-specific care and programmatic efforts to
deliver care for women veterans.
Sec. 252. Of the unobligated balances available in fiscal year
2024 in the ``Recurring Expenses Transformational Fund'' established in
section 243 of division J of Public Law 114-113, and in addition to any
funds otherwise made available for such purposes in this, prior, or
subsequent fiscal years, $646,000,000 shall be available for
constructing, altering, extending, and improving medical facilities of
the Veterans Health Administration, including all supporting activities
and required contingencies, during the period of availability of the
Fund: Provided, That prior to obligation of any of the funds provided
in this section, the Secretary of Veterans Affairs must provide a plan
for the execution of the funds appropriated in this section 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. 253. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the status of section 8006 of the American Rescue Plan 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.
Sec. 254. Not later than 30 days after enactment of this Act, the
Secretary shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds made available through
the Fiscal Responsibility Act of 2023 (Public Law 118-5) for the Cost
of War Toxic Exposures Fund for fiscal year 2024: Provided, That the
budget resource categories supporting the Veterans Health
Administration shall be reported by the subcategories ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical and Prosthetic Research'': Provided
further, That not later than 30 days after the end of each fiscal
quarter, the Secretary shall submit a quarterly report on the status of
the funds, including, at a minimum, an update on obligations by
program, project or activity.
Sec. 255. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of title
38, United States Code, between October 1, 2017 and September 30, 2018
for purposes of carrying out an order placed with the Department of
Veterans Affairs pursuant to section 1535 of title 31, United States
Code, that are available for obligation pursuant to section 7364(b)(1)
of title 38, United States Code, are to remain available for the
liquidation of valid obligations incurred by such corporation during
the period of performance of such order, provided that the Secretary of
Veterans Affairs determines that such amounts need to remain available
for such liquidation.
(rescission of funds)
Sec. 256. Of the unobligated balances from amounts made available
under the heading ``Departmental Administration--Veterans Electronic
Health Record'' in division J of the Consolidated Appropriations Act,
2023 (Public Law 117-328), $460,005,000 is hereby rescinded.
Sec. 257. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs hospitals, domiciliaries, or
clinics, conduct an environmental assessment, or to diminish healthcare
services at existing Veterans Health Administration medical facilities
as part of a planned realignment of services until the Secretary
provides to the Committees on Appropriations of both Houses of Congress
a report including an analysis of how any such planned realignment of
services will impact access to care for veterans living in rural or
highly rural areas, including travel distances and transportation costs
to access a Department medical facility and availability of local
specialty and primary care.
Sec. 258. Unobligated balances available under the headings
``Construction, Major Projects'' and ``Construction, Minor Projects''
may be obligated by the Secretary of Veterans Affairs for a facility
pursuant to section 2(e)(1) of the Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016 (Public Law
114-294; 38 U.S.C. 8103 note), as amended, to provide additional funds
or to fund an escalation clause under such section of such Act:
Provided, That before such unobligated balances are obligated pursuant
to this section, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress the
authority to obligate such unobligated balances and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed: Provided further, That the request to obligate such
unobligated balances must provide Congress notice that the entity
described in section 2(a)(2) of Public Law 114-294, as amended, has
exhausted available cost containment approaches as set forth in the
agreement under section 2(c) of such Public Law.
(rescissions of funds)
Sec. 259. Of the unobligated balances from amounts made available
under the heading ``Veterans Health Administration'' from prior
appropriations Acts, including any funds transferred from the Medical
Care Collections Fund to accounts under such heading, $1,951,750,000 is
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were provided under the heading ``Medical and Prosthetic
Research'' or 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:
Provided further, That the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a plan
for rescinding amounts required by this section no later than 30 days
after enactment of this Act.
(rescissions of funds)
Sec. 260. Of the unobligated balances from amounts made available
to the Department of Veterans Affairs from prior appropriations Acts,
the following funds are hereby rescinded from the following accounts in
the amounts specified:
``General Operating Expenses, Veterans Benefits
Administration'', $30,000,000;
``General Administration'', $5,000,000;
``Board of Veterans Appeals'', $15,000,000;
``Information Technology Systems'', $15,000,000; and
``Construction, Major Projects'', $80,218,560:
Provided, That no amounts may be rescinded 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.
(including transfer and rescission of funds)
Sec. 261. Amounts provided to the Department of Veterans Affairs
under the heading ``Departmental Administration--Construction, Major
Projects'' in title II of division F of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) that were transferred to
the U.S. Army Corps of Engineers (Corps) pursuant to an interagency
agreement for the major construction project in Alameda, CA, and that
remain unobligated at the Corps, shall be immediately transferred back
to the Department of Veterans Affairs and permanently rescinded, and an
amount of additional new budget authority equivalent to the amount
rescinded shall be appropriated, to remain available until September
30, 2028, for the same purposes and under the same authorities for
which such amounts were originally provided under such heading in such
Act, in addition to amounts otherwise available for such purposes.
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, $158,630,000, 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, $47,200,000: Provided, That
$3,000,000 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, $99,880,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2026. 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, $88,600,000, to remain available until expended, 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, $77,000,000, to remain available until
September 30, 2025, of which $8,940,000 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.
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.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 413. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs under section 5502 of title 38,
United States Code, in any case arising out of the administration by
the Secretary of laws and benefits under such title, to report a person
who is deemed mentally incapacitated, mentally incompetent, or to be
experiencing an extended loss of consciousness as a person who has been
adjudicated as a mental defective under subsection (d)(4) or (g)(4) of
section 922 of title 18, United States Code, without the order or
finding of a judge, magistrate, or other judicial authority of
competent jurisdiction that such person is a danger to himself or
herself or others.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2024''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $58,292,000
of which not to exceed $7,000,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,896,000 shall be available
for the Office of Homeland Security; not to exceed $5,190,000 shall be
available for the Office of Tribal Relations, of which $1,000,000 shall
be to continue a Tribal Public Health Resource Center at a land grant
university with existing indigenous public health expertise to expand
current partnerships and collaborative efforts with indigenous groups,
including but not limited to, tribal organizations and institutions
such as tribal colleges, tribal technical colleges, tribal community
colleges and tribal universities, to improve the delivery of culturally
appropriate public health services and functions in American Indian
communities focusing on indigenous food sovereignty; not to exceed
$7,500,000 shall be available for the Office of Partnerships and Public
Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not
to exceed $25,206,000 shall be available for the Office of the
Assistant Secretary for Administration, of which $23,500,000 shall be
available for Departmental Administration to provide for necessary
expenses for management support services to offices of the Department
and for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Department:
Provided, That funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not to
exceed $4,500,000 shall be available for the Office of Assistant
Secretary for Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $7,000,000 shall be available for the Office of
Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $22,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for Congressional
Relations and Intergovernmental Affairs shall be transferred to
agencies of the Department of Agriculture funded by this Act to
maintain personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30 days
from the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided further, That
during any 30 day notification period referenced in section 716 of this
Act, the Secretary of Agriculture shall take no action to begin
implementation of the action that is subject to section 716 of this Act
or make any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$30,500,000, of which $10,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That of
the amounts made available under this heading, $2,000,000 shall be for
an interdisciplinary center based at a land grant university focused on
agricultural policy relevant to the Midwest region which will provide
private entities, policymakers, and the public with timely insights and
targeted economic solutions: Provided further, That of the amounts
made available under this heading, $500,000 shall be available to carry
out section 224 of subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924), as amended by section 12504
of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $91,000,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,867,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $1,466,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $37,000,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $22,603,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $3,000,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $20,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $111,561,000, including such sums
as may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$60,537,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,500,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $1,884,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office: Provided
further, That of the amounts made available under this heading,
$500,000 shall be made available for the Office of the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$90,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $187,513,000, of which up to $46,850,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100,000 and with prior notification and approval of
the Committees on Appropriations of both Houses of Congress, and for
land exchanges where the lands exchanged shall be of equal value or
shall be equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,788,063,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder
shall be available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but unless
otherwise provided, the cost of constructing any one building shall not
exceed $500,000, except for headhouses or greenhouses which shall each
be limited to $1,800,000, except for 10 buildings to be constructed or
improved at a cost not to exceed $1,100,000 each, and except for four
buildings to be constructed at a cost not to exceed $5,000,000 each,
and the cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the building
or $500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into lease
agreements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for use by
the Agricultural Research Service and a condition of the lease shall be
that any facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or termination
of the lease agreement: Provided further, That the limitations on
alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That appropriations hereunder shall be
available for granting easements at any Agricultural Research Service
location for the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural Research Service
and a condition of the easements shall be that upon completion the
facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that acceptance of
the facility is in the interest of the United States: Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $57,164,000,
to remain available until expended, for the purposes, and in the
amounts, specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$1,075,950,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, Hispanic
serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research
initiative, veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, grants management
systems, tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended: Provided
further, That each institution eligible to receive funds under the
Evans-Allen program receives no less than $1,000,000: Provided
further, That funds for education grants for Alaska Native and Native
Hawaiian-serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds awarded
equally to each of the States of Alaska and Hawaii: Provided further,
That funds for providing grants for food and agricultural sciences for
Alaska Native and Native Hawaiian-Serving institutions and for Insular
Areas shall remain available until September 30, 2025: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $561,700,000 which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890 institutions shall
remain available until expended: Provided further, That institutions
eligible to receive funds under 7 U.S.C. 3221 for cooperative extension
receive no less than $1,000,000: Provided further, That funds for
cooperative extension under sections 3(b) and (c) of the Smith-Lever
Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471
shall be available for retirement and employees' compensation costs for
extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $41,100,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2025: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $1,617,000: Provided, That funds
made available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,162,026,000, of which up to $14,276,000 shall be for the purposes,
and in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act); of which $500,000, to remain
available until expended, shall be for invasive catfish control; of
which $250,000, to remain available until expended, shall be available
for the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds (``contingency
fund'') to the extent necessary to meet emergency conditions; of which
$15,500,000, to remain available until expended, shall be used for the
cotton pests program, including for cost share purposes or for debt
retirement for active eradication zones; of which $40,000,000, to
remain available until expended, shall be for Animal Health Technical
Services; of which $35,500,000, to remain available until expended,
shall be for agricultural quarantine and inspection services; of which
$3,500,000 shall be for activities under the authority of the Horse
Protection Act of 1970, as amended (15 U.S.C. 1831); of which
$65,000,000, to remain available until expended, shall be used to
support avian health; of which $4,000,000, to remain available until
expended, shall be for information technology infrastructure; of which
$215,000,000, to remain available until expended, shall be for
specialty crop pests, of which $8,500,000, to remain available until
September 30, 2025, shall be for one-time control and management and
associated activities directly related to the multiple-agency response
to citrus greening; of which, $12,000,000, to remain available until
expended, shall be for field crop and rangeland ecosystem pests; of
which $21,000,000, to remain available until expended, shall be for
zoonotic disease management; of which $44,500,000, to remain available
until expended, shall be for emergency preparedness and response; of
which $59,000,000, to remain available until expended, shall be for
tree and wood pests; of which $6,000,000, to remain available until
expended, shall be for the National Veterinary Stockpile; of which up
to $1,500,000, to remain available until expended, shall be for the
scrapie program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts available under
this heading for wildlife services methods development, $1,000,000
shall remain available until expended: Provided further, That of
amounts available under this heading for the screwworm program,
$4,990,000 shall remain available until expended; of which $24,527,000,
to remain available until expended, shall be used to carry out the
science program and transition activities for the National Bio and
Agro-defense Facility located in Manhattan, Kansas: Provided further,
That no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the purchase,
replacement, operation, and maintenance of aircraft: Provided further,
That in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the Secretary
may transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of animals,
poultry, or plants, and for expenses in accordance with sections 10411
and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316)
and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and
7772), and any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2024, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $1,000,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$222,887,000, of which $6,000,000 shall be available for the purposes
of section 12306 of Public Law 113-79, and of which $1,000,000 shall be
available for the purposes of section 779 of division A of Public Law
117-103: Provided, That of the amounts made available under this
heading, $12,000,000, to remain available until expended, shall be to
carry out section 12513 of Public Law 115-334, of which $11,250,000
shall be for dairy business innovation initiatives established in
Public Law 116-6 and the Secretary shall take measures to ensure an
equal distribution of funds between these three regional innovation
initiatives: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701), except
for the cost of activities relating to the development or maintenance
of grain standards under the United States Grain Standards Act, 7
U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $21,501,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,000,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $1,117,000: Provided, That funds made available by this
Act to an agency in the Food Safety mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,190,009,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2024 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $1,527,000: Provided, That funds
made available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $244,183,000, of which $1,000,000 shall be for the
implementation of section 773 of Public Law 117-328: Provided, That
$60,228,000 of amounts appropriated for the current fiscal year
pursuant to section 1241(a) of the Farm Security and Rural Investment
Act of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged with
this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,209,307,000,
of which not less than $15,000,000 shall be for the hiring of new
employees to fill vacancies and anticipated vacancies at Farm Service
Agency county offices and farm loan officers and shall be available
until September 30, 2025: Provided, That the agency shall submit a
report by the end of the fourth quarter of fiscal year 2024 to the
Committees on Appropriations of both Houses of Congress that identifies
for each project/investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical metrics, (c)
current performance against a pre-established cost baseline, (d) a
detailed breakdown of current and planned spending on operational
enhancements or upgrades, and (e) an assessment of whether the
investment continues to meet business needs as intended as well as
alternatives to the investment: Provided further, That the Secretary
is authorized to use the services, facilities, and authorities (but not
the funds) of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further, That
other funds made available to the Agency for authorized activities may
be advanced to and merged with this account: Provided further, That of
the amount appropriated under this heading, $696,594,000 shall be made
available to county offices, to remain available until expended:
Provided further, That, notwithstanding the preceding proviso, any
funds made available to county offices in the current fiscal year that
the Administrator of the Farm Service Agency deems to exceed or not
meet the amount needed for the county offices may be transferred to or
from the Farm Service Agency for necessary expenses: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that would result
in an office with two or fewer employees without prior notification and
approval of the Committees on Appropriations of both Houses of
Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $6,500,000: Provided,
That the Secretary of Agriculture may determine that United States
territories and Federally recognized Indian tribes are ``States'' for
the purposes of Subtitle A of such Act.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $7,000,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement payments
to geographically disadvantaged farmers and ranchers under section 1621
of the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792),
$3,500,000, to remain available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
ownership loans and $3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans and
$1,633,000,000 for direct operating loans; emergency loans,
$37,667,000; Indian tribe land acquisition loans, $20,000,000;
guaranteed conservation loans, $150,000,000; relending program,
$61,426,000; Indian highly fractionated land loans, $5,000,000; and for
boll weevil eradication program loans, $60,000,000: Provided, That the
Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $3,507,000 for emergency
loans, to remain available until expended; and $27,598,000 for direct
farm operating loans, $1,483,000 for unsubsidized guaranteed farm
operating loans, $19,368,000 for the relending program, $1,577,000 for
Indian highly fractionated land loans, and $258,000 for boll weevil
eradication program loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $326,053,000: Provided, That of
this amount, $305,803,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $65,637,000:
Provided, That $1,000,000 of the amount appropriated under this heading
in this Act shall be available for compliance and integrity activities
required under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
otherwise provided for such purpose: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$914,899,000, to remain available until September 30, 2025, of which
$19,144,913 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for construction and improvement of
buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal
land, that the right to use such land is obtained as provided in 7
U.S.C. 2250a: Provided further, That of the total amount available
under this heading, $7,000,000 shall be for necessary expenses to carry
out the Urban Agriculture and Innovative Production Program under
section 222 of subtitle A of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923), as amended by section 12302
of Public Law 115-334.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $35,000,000, to remain available
until expended, of which $20,350,000 shall be for the purposes, and in
the amounts, specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That for funds provided by this Act
or any other prior Act, the limitation regarding the size of the
watershed or subwatershed exceeding two hundred and fifty thousand
acres in which such activities can be undertaken shall only apply for
activities undertaken for the primary purpose of flood prevention
(including structural and land treatment measures): Provided further,
That of the amounts made available under this heading, $14,650,000
shall be allocated to multi-benefit irrigation modernization projects
and activities that increase fish or wildlife habitat, reduce drought
impact, improve water quality or instream flow, or provide off-channel
renewable energy production.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $1,000,000 is provided.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business: Provided further, That the Secretary shall
notify the Committees on Appropriations of the House and Senate in
writing 15 days prior to the obligation or commitment of any emergency
funds from the Commodity Credit Corporation: Provided further, That
such written notification shall include a detailed spend plan for the
anticipated uses of such funds and an expected timeline for program
execution if such obligation or commitment exceeds $100,000,000.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $15,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $1,620,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $351,087,000: Provided,
That of the amount made available under this heading, up to $1,500,000,
to remain available until September 30, 2025, shall be for the Rural
Partners Network activities of the Department of Agriculture, and may
be transferred to other agencies of the Department for such purpose,
consistent with the missions and authorities of such agencies:
Provided further, That of the amount made available under this heading,
no less than $75,000,000, to remain available until expended, shall be
used for information technology expenses: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support Rural Development programs: Provided further, That in
addition to any other funds appropriated for purposes authorized by
section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
amounts collected under such section, as amended by this Act, will
immediately be credited to this account and will remain available until
expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $880,000,000 shall be for section 502 direct loans; $5,000,000
shall be for a Single Family Housing Relending demonstration program
for Native American Tribes; and $25,000,000,000, which shall remain
available until September 30, 2025 shall be for section 502
unsubsidized guaranteed loans; $25,000,000 for section 504 housing
repair loans; $60,000,000 for section 515 rental housing; $400,000,000
for section 538 guaranteed multi-family housing loans; $10,000,000 for
credit sales of single family housing acquired property; $5,000,000 for
section 523 self-help housing land development loans; and $5,000,000
for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $84,480,000 shall be for
direct loans; Single Family Housing Relending demonstration program for
Native American Tribes, $2,288,000; section 504 housing repair loans,
$4,338,000; section 523 self-help housing land development loans,
$637,000; section 524 site development loans, $477,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$20,988,000, to remain available until expended: Provided, That to
support the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust any
fees to cover the projected cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.),
and the interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section 502
guaranteed loans provided under this heading: Provided further, That
of the amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program funded with
a mutual and self-help housing grant authorized by section 523 of the
Housing Act of 1949 until June 1, 2024: Provided further, That the
Secretary shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily
housing program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to earn a
Return on Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions, grants,
and developer loans at favorable rates and terms, invested in a deal;
and allow reimbursement of organizational costs associated with owner's
oversight of asset referred to as ``Asset Management Fee'' of up to
$7,500 per property.
In addition, for the cost of direct loans and grants, including the
cost of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, $34,000,000, to remain available until expended,
for a demonstration program for the preservation and revitalization of
the sections 514, 515, and 516 multi-family rental housing properties
to restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for the
purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or re-amortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable
returns on investment) required by the Secretary: Provided, That the
Secretary shall, as part of the preservation and revitalization
agreement, obtain a restrictive use agreement consistent with the terms
of the restructuring.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $12,722,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be paid to the
appropriation for ``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,608,000,000, and in addition such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
amounts made available under this heading shall be available for
renewal of rental assistance agreements for a maximum of 1,000 units
where the Secretary determines that a maturing loan for a project
cannot reasonably be restructured with another USDA loan or
modification and the project was operating with rental assistance under
section 521 of the Housing Act of 1949: Provided further, That the
Secretary may enter into rental assistance contracts in maturing
properties with existing rental assistance agreements notwithstanding
any provision of section 521 of the Housing Act of 1949, for a term of
at least 10 years but not more than 20 years: Provided further, That
any agreement to enter into a rental assistance contract under section
521 of the Housing Act of 1949 for a maturing property shall obligate
the owner to continue to maintain the project as decent, safe, and
sanitary housing and to operate the development in accordance with the
Housing Act of 1949, except that rents shall be based on current Fair
Market Rents as established by the Department of Housing and Urban
Development pursuant to 24 CFR 888 Subpart A, 42 U.S.C. 1437f and
3535d, to determine the maximum initial rent and adjusted annually by
the Operating Cost Adjustment Factor pursuant to 24 CFR 888 Subpart B,
unless the Agency determines that the project's budget-based needs
require a higher rent, in which case the Agency may approve a budget-
based rent level: Provided further, That rental assistance agreements
entered into or renewed during the current fiscal year shall be funded
for a one year period: Provided further, That upon request by an owner
under section 514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2024 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of twelve consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the eighth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2024 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, $48,000,000, to remain available until expended:
Provided, That the funds made available under this heading shall be
available for rural housing vouchers to any low-income household
(including those not receiving rental assistance) residing in a
property financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided further, That
the amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such vouchers
shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That in addition to any other available
funds, the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $35,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$18,000,000, to remain available until expended: Provided, That
$5,000,000 of the amount appropriated under this heading shall be
available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to improve
housing, community facilities, community and economic development
projects in rural areas: Provided further, That such funds shall be
made available to qualified private, nonprofit and public intermediary
organizations proposing to carry out a program of financial and
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount not less
than funds provided: Provided further, That any unobligated balances
from prior year appropriations under this heading for the cost of
direct loans, loan guarantees and grants, including amounts deobligated
or cancelled, may be made available to cover the subsidy costs for
direct loans and or loan guarantees under this heading in this fiscal
year: Provided further, That no amounts may be made available pursuant
to the preceding proviso from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, or that were specified in the tables titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statements for division A of Public Law 117-103 and
division A of Public Law 117-328 as described in section 4 in the
matter preceding each such division A: Provided further, That
$8,000,000 of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading:
Provided further, That in addition to any other available funds, the
Secretary may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative expenses
for activities funded under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $66,615,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$8,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), the Southwest Border Regional Commission (40
U.S.C. 15301 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That of the amount
appropriated under this heading, not to exceed $100,000 shall be made
available for one or more qualified state technology council to promote
private-sector economic development in the bio-sciences: Provided
further, That $4,000,000 of the amount appropriated under this heading
shall be for business grants to benefit Federally Recognized Native
American Tribes, including $250,000 for a grant to a qualified national
organization to provide technical assistance for rural transportation
in order to promote economic development: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$10,000,000.
For the cost of direct loans, $3,035,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$573,000 shall be available through June 30, 2024, for Federally
Recognized Native American Tribes; and of which $1,147,000 shall be
available through June 30, 2024, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be paid to the appropriation for
``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $24,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $13,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $1,500,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by section
379E of the Consolidated Farm and Rural Development Act (7 U.S.C.
2008s), $20,000,000.
For the cost of loans and grants, $5,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $50,000,000.
healthy food financing initiative
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of
the Agricultural Act of 2014, for necessary expenses of the Secretary
to support projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize low-
income communities, $500,000, to remain available until expended:
Provided, That such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act, as
follows: $860,000,000 for direct loans; and $50,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural water, waste water, waste
disposal, and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and
Rural Development Act, $595,972,000, to remain available until
expended, of which up to $117,484,737 shall be for the purposes, and in
the amounts, specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act: Provided, That not to exceed $5,000,000 of
the amount appropriated under this heading shall be available for the
rural utilities program described in section 306E of such Act:
Provided further, That not to exceed $10,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such Act:
Provided further, That $65,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and section
306D of the Consolidated Farm and Rural Development Act, and Federally
Recognized Native American Tribes authorized by 306C(a)(1) of such Act,
and the Department of Hawaiian Home Lands (of the State of Hawaii):
Provided further, That funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be provided to a
consortium formed pursuant to section 325 of Public Law 105-83:
Provided further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development Act may
be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided for
section 306D of the Consolidated Farm and Rural Development Act may be
used by a consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided further,
That not to exceed $35,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural water and
waste systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which $8,500,000
shall be made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with experience in
working with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural communities
with populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be for a
qualified national Native American organization to provide technical
assistance for rural water systems for tribal communities: Provided
further, That not to exceed $21,817,000 of the amount appropriated
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That not to
exceed $4,000,000 of the amounts made available under this heading
shall be for solid waste management grants: Provided further, That not
to exceed $2,695,000 of the amounts appropriated under this heading
shall be available as the Secretary deems appropriate for water and
waste direct one percent loans for distressed communities: Provided
further, That if the Secretary determines that any portion of the
amount made available for one percent loans is not needed for such
loans, the Secretary may use such amounts for grants authorized by
section 306(a)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That if any funds made available for the direct loan
subsidy costs remain unobligated after July 31, 2024, such unobligated
balances may be used for grant programs funded under this heading:
Provided further, That $8,000,000 of the amount appropriated under this
heading shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as authorized by
sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of
1936 (7 U.S.C. 904, 935, 936, 940c-1, and 940g) shall be made as
follows: guaranteed rural electric loans made pursuant to section 306
of that Act, $2,167,000,000; cost of money direct loans made pursuant
to sections 4, notwithstanding the one-eighth of one percent in
4(c)(2), and 317, notwithstanding 317(c), of that Act, $4,333,000,000;
guaranteed underwriting loans pursuant to section 313A of that Act,
$900,000,000; and for cost-of-money rural telecommunications loans made
pursuant to section 305(d)(2) of that Act, $550,000,000: Provided,
That up to $2,000,000,000 shall be used for the construction,
acquisition, design, engineering or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $5,720,000.
In addition, $3,578,000 to remain available until expended, to
carry out section 6407 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107a): Provided, That the energy efficiency measures
supported by the funding in this paragraph shall contribute in a
demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be paid
to the appropriation for ``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $49,574,000, to remain
available until expended, of which up to $9,573,570 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed Spending''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
$3,000,000 shall be made available for grants authorized by section
379G of the Consolidated Farm and Rural Development Act: Provided
further, That funding provided under this heading for grants under
section 379G of the Consolidated Farm and Rural Development Act may
only be provided to entities that meet all of the eligibility criteria
for a consortium as established by this section.
For the cost to continue a broadband loan and grant pilot program
established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.),
$100,385,000, to remain available until expended, of which up to
$10,385,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out such
pilot program: Provided further, That the cost of direct loans shall
be defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot program
shall be in a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a rural area
without sufficient access to broadband shall be defined as twenty-five
megabits per second downstream and three megabits per second upstream:
Provided further, That to the extent possible, projects receiving funds
provided under the pilot program must build out service to at least one
hundred megabits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or grant is
made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband service in a service area by any
entity that has received a broadband loan from the Rural Utilities
Service unless such service is not provided sufficient access to
broadband at the minimum service threshold: Provided further, That not
more than four percent of the funds made available in this paragraph
can be used for administrative costs to carry out the pilot program and
up to three percent of funds made available in this paragraph may be
available for technical assistance and pre-development planning
activities to support the most rural communities: Provided further,
That the Rural Utilities Service is directed to expedite program
delivery methods that would implement this paragraph: Provided
further, That for purposes of this paragraph, the Secretary shall
adhere to the notice, reporting and service area assessment
requirements set forth in section 701 of the Rural Electrification Act
(7 U.S.C. 950cc).
In addition, $20,000,000, to remain available until expended, for
the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $1,127,000: Provided, That
funds made available by this Act to an agency in the Food, Nutrition
and Consumer Services mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $33,266,226,000, to remain available through September 30,
2025, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $18,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $21,005,000 shall be available to carry out studies and
evaluations and shall remain available until expended: Provided
further, That of the total amount available, $5,000,000 shall remain
available until expended to carry out section 18(g) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)): Provided
further, That notwithstanding section 18(g)(3)(C) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total
grant amount provided to a farm to school grant recipient in fiscal
year 2024 shall not exceed $500,000: Provided further, That of the
total amount available, $10,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety, and
to help support the establishment, maintenance, or expansion of the
school breakfast program: Provided further, That of the total amount
available, $1,000,000 shall remain available until expended to carry
out activities authorized under subsections (a)(2) and (e)(2) of
section 21 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769b-1(a)(2) and (e)(2)): Provided further, That section 26(d)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769g(d)) is amended in the first sentence by striking ``2010 through
2024'' and inserting ``2010 through 2025'': Provided further, That
section 9(h)(3) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(3)) is amended in the first sentence by striking ``For
fiscal year 2023'' and inserting ``For fiscal year 2024'': Provided
further, That section 9(h)(4) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by
striking ``For fiscal year 2023'' and inserting ``For fiscal year
2024''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $7,030,000,000, to remain available
through September 30, 2025: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be used
for infrastructure: Provided further, That the Secretary shall use
funds made available under this heading to increase the amount of a
cash-value voucher for women and children participants to an amount
recommended by the National Academies of Science, Engineering and
Medicine and adjusted for inflation: Provided further, That none of
the funds provided in this account shall be available for the purchase
of infant formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be available
for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement
at 7 CFR 246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $122,382,521,000, of which
$3,000,000,000, to remain available through September 30, 2026, shall
be placed in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided, That
funds provided herein shall be expended in accordance with section 16
of the Food and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That of the funds made
available under this heading, $3,000,000, to remain available until
September 30, 2025, shall be used to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for tribal
organizations: Provided further, That of the funds made available
under this heading, $3,000,000 shall be used to carry out section 4208
of Public Law 115-334: Provided further, That this appropriation shall
be subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2025: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2025: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $480,070,000, to
remain available through September 30, 2025: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2024 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2025: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$177,348,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $932,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $227,330,000, of which no more than 6 percent shall
remain available until September 30, 2025, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,619,107,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $240,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
not more than 10 percent, but not less than $24,000,000, shall remain
available until expended to purchase agricultural commodities as
described in subsection 3107(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, which shall be paid to the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$6,721,782,000: Provided, That of the amount provided under this
heading, $1,422,104,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this
account and remain available until expended; $362,381,000 shall be
derived from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
$613,538,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $31,109,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $33,500,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $25,000,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2024 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2024, including
any such fees collected prior to fiscal year 2024 but credited for
fiscal year 2024, shall be subject to the fiscal year 2024 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2024 of user fees specified under this heading and authorized for
fiscal year 2025, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2025 for which the Secretary
accepts payment in fiscal year 2024 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,185,989,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $2,334,704,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs, of which no less than $10,000,000
shall be for pilots to increase unannounced foreign inspections and
shall remain available until expended; (3) $570,632,000 shall be for
the Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $284,285,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $770,697,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $77,505,000
shall be for the National Center for Toxicological Research; (7)
$684,324,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8)
$215,701,000 shall be for Rent and Related activities, of which
$55,061,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) $230,423,000 shall
be for payments to the General Services Administration for rent; and
(10) $367,522,000 shall be for other activities, including the Office
of the Commissioner of Food and Drugs, the Office of Food Policy and
Response, the Office of Operations, the Office of the Chief Scientist,
and central services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds
pursuant to, and for the administration of, section 770(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be
from amounts made available under this heading for other activities and
shall not exceed $2,000,000: Provided further, That of the amounts
that are made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for ``Department of
Health and Human Services--Office of Inspector General'' for oversight
of the programs and operations of the Food and Drug Administration and
shall be in addition to funds otherwise made available for oversight of
the Food and Drug Administration: Provided further, That funds may be
transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of
Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and fees
relating to over-the-counter monograph drugs authorized by 21 U.S.C.
379j-72 shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $5,000,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $50,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $365,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$80,000,000 shall remain available until September 30, 2026, and of
which not less than $4,218,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the limitations
in 31 U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this Act:
Provided further, That for the purpose of recording and liquidating any
lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $94,300,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an
amount in its sole discretion, from the application of the limitation
provided in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in subclause
(II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this
purpose, so long as the total number of vehicles purchased in fiscal
year 2024 does not exceed the number of vehicles owned or leased in
fiscal year 2018: Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety: Provided further,
That the Secretary may not increase the Department of Agriculture's
fleet above the 2018 level unless the Secretary notifies in writing,
and receives approval from, the Committees on Appropriations of both
Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of property, plant and equipment and for the improvement,
delivery, and implementation of Department financial, and
administrative information technology services, and other support
systems necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until expended:
Provided, That none of the funds made available by this Act or any
other Act shall be transferred to the Working Capital Fund without the
prior approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to
initiate, plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer, co-
located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of
section 716 of this Act: Provided further, That the National Finance
Center Information Technology Services Division personnel and data
center management responsibilities, and control of any functions,
missions, and systems for current and future human resources management
and integrated personnel and payroll systems (PPS) and functions
provided by the Chief Financial Officer and the Chief Information
Officer shall remain in the National Finance Center and under the
management responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of Agriculture
and the offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies National
Finance Center shared services including, but not limited to, payroll,
financial management, and human capital shared services and allow the
National Finance Center to perform technology upgrades: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture attributable to the amounts in excess of
the true costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial, administrative,
and information technology services, and other systems of the National
Finance Center or to pay any unforeseen, extraordinary cost of the
National Finance Center: Provided further, That none of the amounts
reserved shall be available for obligation unless the Secretary submits
written notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
limitations on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared
state of emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the National
Finance Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
Rural Utilities Service borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured or
direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2025, for
information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,574,028,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts--$5,000,000; Removal of Defective Commodities--$1,660,000;
Administration of section 32 Commodity Purchases--$37,178,000:
Provided, That, of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2024, such
unobligated balances shall carryover into fiscal year 2025 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing and receive approval from the Committees on
Appropriations of both Houses of Congress before implementing any
program or activity not carried out during the previous fiscal year
unless the program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 722. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 723. For the purposes of determining eligibility or level of
program assistance for Rural Housing Service programs the Secretary
shall not include incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of property, plant
and equipment, including equipment for the improvement, delivery, and
implementation of Departmental financial management, information
technology, and other support systems necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as defined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31 U.S.C.
9701 after the date of the enactment of this Act.
Sec. 729. Of the unobligated balances from prior year
appropriations made available for the Broadband Treasury Rate Loan
program, authorized in section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb), $7,000,000 are hereby rescinded: Provided, That
no amounts may be rescinded 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. 730. Notwithstanding any provision of law that regulates the
calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act, 21
U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et
seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for
the cost of inspection services provided outside of an establishment's
approved inspection shifts, and for inspection services provided on
Federal holidays: Provided, That any sums charged pursuant to this
paragraph shall be deemed as overtime pay or holiday pay under section
1001(d) of the American Rescue Plan Act of 2021 (Public Law 117-2, 135
Stat. 242): Provided further, That sums received by the Secretary
under this paragraph shall, in addition to other available funds,
remain available until expended to the Secretary without further
appropriation for the purpose of funding all costs associated with FSIS
inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to paragraph (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 732. Of the unobligated balances from prior year
appropriations made available for the rural housing voucher program
authorized by section 542 of the Housing Act of 1949, (42 U.S.C. 1471
et seq.), as amended, $35,000,000 are hereby rescinded: Provided, That
no amounts may be rescinded 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. 733. Of the unobligated balances from prior year
appropriations made available under the heading ``Rural Cooperative
Development Grants'' for Agriculture Innovation Centers authorized by
section 6402 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1632b), as amended, $7,000,000 are hereby rescinded: Provided,
That no amounts may be rescinded 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. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each Federally recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act for
direct loans and grants under the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Business-Cooperative Service--Rural
Microentrepreneur Assistance Program''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent feasible,
at least 10 percent of the funds shall be allocated for assistance in
persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits, any
county seat of such a persistent poverty county that has a population
that does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect
to specific activities for which program levels have been made
available by this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program level.
Sec. 737. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption'', and published
on November 27, 2015, with respect to the regulation of entities that
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or
almonds.
Sec. 739. For school years 2023-2024 and 2024-2025, none of the
funds made available by this Act may be used to implement or enforce
the matter following the first comma in the second sentence of footnote
(c) of section 220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
Sec. 740. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the Agricultural
Act of 2014 or subtitle G of the Agricultural Marketing Act of
1946, within or outside the State in which the hemp is grown or
cultivated.
Sec. 741. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 742. The Secretary, as part of the report on foreign
landholding required under the Agricultural Foreign Investment
Disclosure Act (Public Law 95-460), shall report to Congress on foreign
investments in agricultural land in the United States, including the
impact foreign ownership has on family farms, rural communities, and
the domestic food supply: Provided, That within 2 years after the
enactment of this Act, the Secretary shall establish a streamlined
process for electronic submission and retention of disclosures made
under the Agricultural Foreign Investment Disclosure Act, including an
internet database that contains disaggregated data from each disclosure
submitted: Provided further,That all prior year disclosures of foreign
investments in agricultural land in the United States are published in
the database: Provided further, That the plan includes a process to
ensure the protection of personally identifiable information and that
all disclosures of foreign investments in agricultural land on the USDA
website be disaggregated by: (1) in any case in which such foreign
person is an individual, the citizenship of such foreign person; and
(2) in any case in which such foreign person is not an individual or a
government, the nature of the legal entity holding the interest, the
country in which such foreign person is created or organized, and the
principal place of business of such foreign person.
Sec. 743. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 744. Of the unobligated balances from prior year
appropriations made available under the heading ``Rural Housing
Assistance Grants'' for housing repair grants authorized by section 504
of the Housing Act of 1949 (42 U.S.C. 1474), as amended, $28,000,000
are hereby rescinded: Provided, That no amounts may be rescinded 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. 745. (a) After the effective date of any final rule the Food
and Drug Administration (FDA) publishes in connection with its proposed
rule to update these requirements (87 Federal Register 59168, issued on
September 29, 2022), manufacturers may also continue to comply with the
previous requirements promulgated by the FDA for the implied nutrient
content claim ``healthy'' through the ``compliance date'' FDA provides
in the final rule.
(b) Any food product manufactured and labeled as ``healthy'' during
the compliance period FDA provides in that final rule shall not be
directly or indirectly subject to any state-law requirements that are
not identical to either (i) the Federal requirements for the implied
nutrition content claim ``healthy'' that were in effect as of the date
FDA issues the final rule, or (ii) the updated Federal requirements
that FDA promulgates in the final rule, assuming the updated
requirements go into effect during the regulatory compliance period.
Sec. 746. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 747. None of the funds made available by this Act may be used
to procure raw or processed poultry products or seafood imported into
the United States from the People's Republic of China for use in the
school lunch program under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.), the Child and Adult Care Food Program
under section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 748. For school year 2024-2025, only a school food authority
that had a negative balance in the nonprofit school food service
account as of June 30, 2023, shall be required to establish a price for
paid lunches in accordance with section 12(p) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(p)).
Sec. 749. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture for
purposes of making such grants.
Sec. 750. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any
staff office or any agency from the mission area in which it was
located on August 1, 2018, to any other mission area or office within
the Department in the absence of the enactment of specific legislation
affirming such move.
Sec. 751. The Secretary, acting through the Chief of the Natural
Resources Conservation Service, may use funds appropriated under this
Act or any other Act for the Watershed and Flood Prevention Operations
Program and the Watershed Rehabilitation Program carried out pursuant
to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), and for the Emergency Watershed Protection Program carried out
pursuant to section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) to provide technical services for such programs pursuant
to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
3851(a)(1)), notwithstanding subsection (c) of such section.
Sec. 752. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141), the Secretary of Agriculture may, for purposes of
determining entities eligible to receive assistance, consider those
communities which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the heading
``Distance Learning, Telemedicine, and Broadband Program'' for the
purposes of the pilot program established by section 779 of Public Law
115-141 may be used for this purpose.
Sec. 753. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $2,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 754. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall, not
later than September 30, 2024, and following the review required under
Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net effects of
seafood consumption.
Sec. 755. In addition to amounts otherwise made available, there
is hereby appropriated $3,000,000, to remain available until expended,
for the Meat and Poultry Processing Expansion Program established
pursuant to section 1001(b)(4) of the American Rescue Plan Act of 2021
(Public Law 117-2) to award grants to processors of invasive, wild-
caught catfish.
Sec. 756. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2024, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones, excluding the
funding provided through any Community Project Funding/Congressionally
Directed Spending.
Sec. 757. In this fiscal year and each fiscal year thereafter, and
notwithstanding any other provision of law, none of the funds made
available by this or any other Act may be used to implement section
3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with
section 343(a)(13) of the Consolidated Farm and Rural Development Act.
Sec. 758. (a) For an additional amount for the Office of the
Secretary, $2,000,000, to remain available until expended, for the
Secretary of Agriculture to carry out no more than 10 pilot projects,
under the terms and conditions determined by the Secretary for a period
not to exceed 2 years, that award grants to an Indian tribe; a tribal
organization approved by an Indian tribe; a tribal educational agency;
a consortium of Indian tribes; or a partnership between an Indian tribe
and either a State educational agency, a local educational agency, a
tribal educational agency, or the Bureau of Indian Education to operate
and implement the school lunch program as authorized by the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769), the summer food
service program as established under section 13 of the Richard B.
Russell National School Lunch Act, the child and adult care food
program as established by section 17 of the Richard B. Russell National
School Lunch Act, or the school breakfast program established by the
Child Nutrition Act of 1966 (42 U.S.C. 1773) in either a Bureau-funded
school (as defined in section 1141 of the Education Amendments of 1978
(25 U.S.C. 2021)); a school (as defined in section 12(d) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1760 (d)) on or near an
Indian reservation; or an early child care and education facility:
Provided, That to carry out this pilot program each grant awarded shall
be no less than $10,000 and no more than $100,000 for each school year
and shall not increase state administrative costs or the amount of
benefits provided in any program: Provided further, That the term
``Indian tribe'' has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(b) Notwithstanding any other provision of law, a pilot project
grant recipient shall be reimbursed for meals served under the school
lunch program, the summer food service program, and the child and adult
care food program as if the recipient were a State under the Richard B.
Russell National School Lunch Act; and under the school breakfast
program as if the recipient were a State educational agency.
(c) Not later than 1 year after the conclusion of the pilot
program, the Secretary shall submit to Congress a report on the
outcomes of the pilot program.
Sec. 759. None of the funds appropriated or otherwise made
available by this Act may be used by the Food and Drug Administration
(FDA) to issue or promote any new guidelines or regulations applicable
to food manufacturers for Listeria monocytogenes (Lm) until the FDA
considers the available new science in developing the Compliance Policy
Guide (CPG), Guidance for FDA Staff, Sec. 55.320 Listeria
monocytogenes--regarding Lm in low-risk foods, meaning foods that do
not support the growth of Lm.
Sec. 760. Section 523 of the Housing Act of 1949 (42 U.S.C. 1490c)
is amended in subsection (b)(1)(B) by striking ``two years'' and
inserting ``five years''.
Sec. 761. Section 524 of the Housing Act of 1949 (42 U.S.C. 1490d)
is amended in subsection (a)(1) by striking ``two years'' and inserting
``five years''.
Sec. 762. Section 363 of the Multifamily Mortgage Foreclosure Act
of 1981 (12 U.S.C. 3702) is amended at paragraph (10) by inserting
after ``Secretary of Housing Urban Development'' the following: ``and
the Secretary of Agriculture''.
Sec. 763. None of the funds appropriated or otherwise made
available by this Act may be used by the Food and Drug Administration
to develop, issue, promote or advance any final guidelines or new
regulations applicable to food manufacturers for long-term population-
wide sodium reduction actions until an assessment is completed on the
impact of the short-term sodium reduction targets.
Sec. 764. There is hereby appropriated $2,000,000, to remain
available until September 30, 2025, for a Bison Production and
Marketing Grant Program that the Agricultural Marketing Service shall
develop and maintain: Provided, That this program shall be similar, as
determined by the Secretary, to the Sheep Production and Marketing
Grant Program the Department of Agriculture currently maintains
pursuant to section 209(c) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627a(c)), and shall prioritize grants to national non-profits
and federally chartered Tribal organizations that have expertise in
bison production or marketing.
Sec. 765. Notwithstanding the Agricultural Marketing Act of 1946
(7 U.S.C. 1622 et seq.) and 9 CFR part 352, the Committee provides an
additional $700,000 to the USDA Food Safety and Inspection Service to
cover voluntary meat inspection fees for the slaughtering or processing
of bison/buffalo at Native American owned establishments or
establishments operating on tribal lands.
Sec. 766. Of the unobligated balances from prior year
appropriations made available for the Rural Water Operation Program
under the heading ``Natural Resources Conservation Service--Watershed
and Flood Prevention Operations'', $28,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded 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. 767. If services performed by APHIS employees are determined
by the Administrator of the Animal and Plant Health Inspection Service
to be in response to an animal disease outbreak, any premium pay that
is funded, either directly or through reimbursement, shall be exempted
from the aggregate of basic pay and premium pay calculated under
section 5547 of title 5, United States Code, and any other provision of
law limiting the aggregate amount of premium pay payable on a biweekly
or calendar year basis: Provided, That this section shall take effect
as if enacted on January 1, 2023.
Sec. 768. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 769. Any rule-making, notice or guidance of or regarding USDA
Proposed Rule (Child Nutrition Programs: Revisions to Meal Patterns
Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584-
AE88) shall allow and provide meal reimbursement for (or ``low fat or
fat free'') flavored milk in National School Lunch Program and School
Breakfast Program for grades Kindergarten through 12th grade and in
Child and Adult Care Food Program for participants 6 years of age and
older, and for any other program complying with the meal pattern
requirements covered in such final rule.
Sec. 770. Sodium limits in effect for School Year 2023-2024 in
child nutrition meal patterns shall remain effective through School
Year 2026-2027, after which sodium limits that may be included in any
rulemaking, notice or guidance of or regarding USDA Proposed Rule
(Child Nutrition Programs: Revisions to Meal Patterns Consistent With
the 2020 Dietary Guidelines for Americans; RIN 0584-AE88), shall not be
more restrictive than the Target 2 sodium levels published in the final
rule entitled ``Nutrition Standards in the National School Lunch and
School Breakfast Programs'' published by the Department of Agriculture
in the Federal Register on January 26, 2012 (77 Fed. Reg 4087).
Sec. 771. There is hereby appropriated $2,000,000, to remain
available until expended, to carry out section 2103 of Public Law 115-
334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
Sec. 772. There is appropriated $3,000,000 for the emergency and
transitional pet shelter and housing assistance grant program
established under section 12502(b) of the Agriculture Improvement Act
of 2018 (34 U.S.C. 20127).
Sec. 773. The National Academies of Sciences, Engineering and
Medicine (NASEM) were tasked with providing findings and
recommendations on alcohol consumption for the purposes of inclusion in
the 2025 Dietary Guidelines for Americans as required by Section 772 of
Division A of the Consolidated Appropriations Act, 2023 (Public Law
117-328): Provided, That the Secretary of Health and Human Services
and the Secretary of Agriculture shall consider the findings and
recommendations of the NASEM report in the development of the 2025
Dietary Guidelines for Americans and further, both Secretaries shall
ensure that the alcohol consumption recommendations in the 2025 Dietary
Guidelines for Americans shall be based on the preponderance of
scientific and medical knowledge consistent with section 5341 of title
7 of United States Code.
Sec. 774. The first proviso under the heading ``Rural Community
Facilities Program Account'' in title I of division N of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) is amended
by inserting ``or to repair or replace essential community facilities
damaged by a disaster that occurred in calendar year 2023'' after
``calendar year 2022'': Provided, That amounts repurposed pursuant to
this section that were previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
are designated as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 775. Of the unobligated balances from prior year
appropriations made available for the Rural Energy for American program
authorized by section 9007 of the Farm Security and Rural Investment
Act of 2002, (7 U.S.C. 8107), $10,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 776. Of the unobligated balances from prior year
appropriations made available in Section 2304 of the American Rescue
Plan Act of 2021 (Public Law 117-2), $30,000,000 are hereby rescinded.
Sec. 777. Of the unobligated balances from prior year
appropriations made available under Division A, Title IV, under the
heading ``Nutrition Programs Administration'' for relocation expenses
and the alteration and repair of buildings and improvement pursuant to
7 U.S.C. 2250 of the Consolidated Appropriations Act, 2017 (Public Law
115-31), $8,000,000 are hereby rescinded.
Sec. 778. Of the unobligated balances available in fiscal year
2024 in the ``Nonrecurring Expenses Fund'' established in section 742
of division A of Public Law 113-235, and in addition to any funds
otherwise made available for such purposes in this, prior, or
subsequent fiscal years, the following shall be available during the
period of availability of the Fund for the specified purposes and in
the specified amounts--
(1) for grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1)
of the Consolidated Farm and Rural Development Act,
$505,023,927 for the purposes, and in the amounts specified in
the table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), and under the same authorities and
conditions as amounts made available by this Act in the second
paragraph under the heading ``Rural Community Facilities
Program Account''; and
(2) for expenses during fiscal year 2024, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law 83-
480), for commodities supplied in connection with dispositions
abroad under title II of said Act, $68,476,073, under the same
authorities and conditions as amounts made available by this
Act under the heading ``Food for Peace Title II Grants'':
Provided, That amounts repurposed pursuant to 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 are designated as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 779. Section 2250b of title 7, United States Code, is hereby
amended in the second proviso by striking ``capital acquisition'' and
after ``infrastructure'' inserting ``and information technology
services.''
Sec. 780. Section 313B(a) of the Rural Electrification Act of 1936
(7 U.S.C. 940c-2(a)), shall be applied for fiscal year 2024 and each
fiscal year thereafter until the specified funding has been expended as
if the following were inserted after the final period: ``In addition,
the Secretary shall use $9,465,000 of the funds available to carry out
this section in fiscal year 2024 for an additional amount for the same
purpose and under the same terms and conditions as the Rural Business
Development Grants authorized by section 310B of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1932(c)).''.
Sec. 781. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior to the
effective date of the National Bioengineered Food Disclosure Standard
(February 19, 2019) shall include the words ``genetically engineered''
prior to the existing acceptable market name.
Sec. 782. For an additional amount for the Office of the
Secretary, $6,000,000, to remain available until expended, to continue
the Institute for Rural Partnerships as established in section 778 of
Public Law 117-103: Provided, That the Institute for Rural
Partnerships shall continue to dedicate resources to researching the
causes and conditions of challenges facing rural areas, and develop
community partnerships to address such challenges: Provided further,
That administrative or other fees shall not exceed one percent:
Provided further, That such partnership shall coordinate and publish an
annual report.
Sec. 783. There is hereby appropriated $500,000 to carry out the
duties of the working group established under section 770 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat.
89).
Sec. 784. Of the unobligated balances from prior year
appropriations made available for conservation activities under the
heading ``Natural Resources Conservation Service--Conservation
Operations'', $30,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded 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. 785. Of the unobligated balances from prior year
appropriations made available for the ``National Institute of Food and
Agriculture--Research and Education Activities'', $37,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded 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. 786. There is hereby appropriated $1,000,000, to remain
available until expended, for section 306E(b) of the Consolidated Farm
and Rural Development Act to provide subgrants to eligible individuals
for the construction, refurbishing, and servicing of individually owned
household decentralized wastewater systems.
Sec. 787. The Secretary of Agriculture shall be included as a
member of the Committee on Foreign Investment in the United States
(CFIUS) on a case by case basis pursuant to the authorities in section
721(k)(2)(J) of the Defense Production Act of 1950 (50 U.S.C.
4565(k)(2)(J)) with respect to each covered transaction (as defined in
section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(4))) involving agricultural land, agriculture biotechnology, or
the agriculture industry (including agricultural transportation,
agricultural storage, and agricultural processing), as determined by
the CFIUS Chairperson in coordination with the Secretary of
Agriculture. The Secretary of Agriculture shall, to the maximum extent
practicable, notify the Committee on Foreign Investment in the United
States of any agricultural land transaction that the Secretary of
Agriculture has reason to believe, based on information from or in
cooperation with the Intelligence Community, is a covered transaction
(A) that may pose a risk to the national security of the United States,
with particular emphasis on covered transactions of an interest in
agricultural land by foreign governments or entities of concern, as
defined in 42 U.S.C. 19221(a), including the People's Republic of
China, the Democratic People's Republic of Korea, the Russian
Federation, and the Islamic Republic of Iran; and (B) with respect to
which a person is required to submit a report to the Secretary of
Agriculture under section 2(a) of the Agricultural Foreign Investment
Disclosure Act of 1978 (7 U.S.C. 3501(a)): Provided, That there is
hereby appropriated $2,000,000, to remain available until expended, in
addition to amounts otherwise provided for such purpose, to carry out
this section.
Sec. 788. Of the unobligated balances from prior year
appropriations made available in the ``Working Capital Fund'',
$78,000,000 are hereby rescinded: Provided, That no amounts may be
rescinded 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. 789. Of the unobligated balances from prior year
appropriations made available for the ``Community Connect Grant
Program'', $30,000,000 are hereby rescinded: Provided, That no amounts
may be rescinded 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. 790. Of the unobligated balances from prior year
appropriations made available under the heading ``Distance Learning,
Telemedicine, and Broadband Program'', other than amounts made
available for the Community Connect Grant Program, $18,891,000 are
hereby rescinded: Provided, That no amounts may be rescinded 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. 791. Of the unobligated balances from prior year
appropriations made available for veterinary diagnostics under the
heading ``Animal and Plant Health Inspection Service, Salaries and
Expenses account'', $5,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded 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. 792. The agencies and offices of the Department of
Agriculture may reimburse the Office of the General Counsel (OGC), out
of the funds provided in this Act, for costs incurred by OGC in
providing services to such agencies or offices under time-limited
agreements entered into with such agencies and offices: Provided, That
such transfer authority is in addition to any other transfer authority
provided by law.
Sec. 793. (a) Section 260 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1636i) is amended by striking ``2023'' and inserting
``2024''.
(b) Section 942 of the Livestock Mandatory Reporting Act of 1999 (7
U.S.C. 1635 note; Public Law 106-78) is amended by striking ``2023''
and inserting ``2024''.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2024''.
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, to carry out activities associated
with title VI of division BB of the Consolidated Appropriations Act,
2023 (Public Law 117-328), and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of United States firms,
without regard to sections 3702 and 3703 of title 44, United States
Code; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the International
Trade Administration between two points abroad, without regard to
section 40118 of title 49, United States Code; employment of citizens
of the United States and aliens by contract for services; recognizing
contributions to export expansion pursuant to Executive Order 10978;
rental of space abroad for periods not exceeding 10 years, and expenses
of alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in foreign
countries; not to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; not to exceed $325,000 for purchase
of armored vehicles without regard to the general purchase price
limitations; obtaining insurance on official motor vehicles; and rental
of tie lines, $623,000,000, of which $85,000,000 shall remain available
until September 30, 2025: Provided, That of the amounts made available
under this heading, $50,000,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That $12,000,000 is to be derived from fees to be retained and
used by the International Trade Administration, notwithstanding section
3302 of title 31, United States Code: Provided further, That, of
amounts provided under this heading, not less than $16,400,000 shall be
for China antidumping and countervailing duty enforcement and
compliance activities: Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities; and that for
the purpose of this Act, contributions under the provisions of the
Mutual Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of these
activities: Provided further, That, of amounts provided under this
heading, up to $3,000,000, to remain available until expended, shall be
for the purpose of carrying out a pilot fellowship program of the
United States Commercial Service under which the Secretary of Commerce
may make competitive grants to appropriate institutions of higher
education or students to increase the level of knowledge and awareness
of, and interest in employment with, that Service among minority
students: Provided further, That any grants awarded under such program
shall be made pursuant to regulations to be prescribed by the
Secretary, which shall require as a condition of the initial receipt of
grant funds, a commitment by prospective grantees to accept full-time
employment in the Global Markets unit of the International Trade
Administration upon the completion of participation in the program.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$191,000,000, of which $76,000,000 shall remain available until
expended: Provided, That of the amounts made available under this
heading for activities under the ``revised nonsecurity category'', as
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended,
$20,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as part of
such activities may be retained for use in covering the cost of such
activities, and for providing information to the public with respect to
the export administration and national security activities of the
Department of Commerce and other export control programs of the United
States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27, 28, and 30 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722,
3722a, and 3723), as amended, $400,000,000 to remain available until
expended, of which $50,000,000 shall be for grants under section 27,
$41,000,000 shall be for grants under section 28, and $2,500,000 shall
be for grants under section 30: Provided, That of the amounts made
available under this heading, $30,000,000 is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That any deviation from the amounts
designated for specific activities in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds provided
under this heading in previous years, shall be subject to the
procedures set forth in section 505 of this Act.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $68,000,000: Provided,
That funds provided under this heading may be used to monitor projects
approved pursuant to title I of the Public Works Employment Act of
1976; title II of the Trade Act of 1974; sections 27 through 30 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722-
3723), as amended; and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Minority Business Development Agency
in fostering, promoting, and developing minority business enterprises,
as authorized by law, $68,250,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$125,000,000, to remain available until September 30, 2025.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$328,500,000: Provided, That, from amounts provided herein, funds may
be used for promotion, outreach, and marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $1,054,000,000, to remain available until
September 30, 2025: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $57,000,000,
to remain available until September 30, 2025: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
facilities management and construction
For necessary expenses for the design, construction, alteration,
improvement, maintenance, and repair of buildings and facilities
managed by the National Telecommunications and Information
Administration, not otherwise provided for, $2,000,000, to remain
available until expended.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $4,195,799,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2024, so as to result in a fiscal year 2024
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2024, should the total amount of such
offsetting collections be less than $4,195,799,000, this amount shall
be reduced accordingly: Provided further, That any amount received in
excess of $4,195,799,000 in fiscal year 2024 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That the budget of the
President submitted for fiscal year 2025 under section 1105 of title
31, United States Code, shall include within amounts provided under
this heading for necessary expenses of the USPTO any increases that are
expected to result from an increase promulgated through rule or
regulation in offsetting collections of fees and surcharges assessed
and collected by the USPTO under any law in either fiscal year 2024 or
fiscal year 2025: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2024 for
official reception and representation expenses: Provided further, That
in fiscal year 2024 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $2,450,000 shall be transferred
to the ``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related to the
USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $1,080,000,000, to remain available until expended,
of which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That of the amounts appropriated under this
heading, $222,841,000 shall be made available for the NIST--STRS
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That the amounts made available for the projects referenced in
the preceding proviso may not be transferred for any other purpose:
Provided further, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further, That NIST may
provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which $175,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $37,000,000 shall be for the Manufacturing USA Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $168,000,000, to remain available
until expended: Provided, That of the amounts appropriated under this
heading, $80,242,000 shall be made available for the NIST--Construction
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That up to one percent of amounts made available for the
projects referenced in the preceding proviso may be used for the
administrative costs of such projects: Provided further, That the
Director of the National Institute of Standards and Technology shall
submit a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That the Secretary of
Commerce shall include in the budget justification materials for fiscal
year 2025 that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) an
estimate for each National Institute of Standards and Technology
construction project having a total multi-year program cost of more
than $5,000,000, and simultaneously the budget justification materials
shall include an estimate of the budgetary requirements for each such
project for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration (NOAA), including
maintenance, operation, and hire of aircraft and vessels; pilot
programs for State-led fisheries management, notwithstanding any other
provision of law; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities pursuant to
cooperative agreements; and relocation of facilities, $4,548,485,000,
to remain available until September 30, 2025: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding section
3302 of title 31, United States Code: Provided further, That in
addition, $369,522,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'', which shall only be used for fishery
activities related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Observers and Training;
Fisheries Management Programs and Services; and Interjurisdictional
Fisheries Grants: Provided further, That not to exceed $71,299,000
shall be for payment to the ``Department of Commerce Working Capital
Fund'': Provided further, That of the $4,946,007,000 provided for in
direct obligations under this heading, $4,548,485,000 is appropriated
from the general fund, $369,522,000 is provided by transfer, and
$28,000,000 is derived from recoveries of prior year obligations:
Provided further, That of the amounts appropriated under this heading,
$139,499,000 shall be made available for the NOAA--CZM and NOAA--ORF
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That the amounts made available for the projects referenced in
the preceding proviso may not be transferred for any other purpose:
Provided further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That in addition, for necessary
retired pay expenses under the Retired Serviceman's Family Protection
and Survivor Benefits Plan, and for payments for the medical care of
retired personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,719,866,000, to remain available
until September 30, 2026, except that funds provided for acquisition
and construction of vessels and aircraft, and construction of
facilities shall remain available until expended: Provided, That of
the amounts made available in the matter preceding this proviso,
$100,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That in
addition, $44,000,000 shall be derived by transfer for the purposes
provided under this heading from the unobligated balances in the Fund
established in section 111(a) of division B of Public Law 116-93:
Provided further, That no amounts may be transferred pursuant to the
preceding proviso from amounts made available in section 101(e)(1) of
title I of division A of Public Law 118-5: Provided further, That of
the $1,776,866,000 provided for in direct obligations under this
heading, $1,719,866,000 is appropriated from the general fund,
$13,000,000 is provided from recoveries of prior year obligations, and
$44,000,000 is provided by transfer: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, That the Secretary of Commerce shall include in
budget justification materials for fiscal year 2025 that the Secretary
submits to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2025: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the federally recognized
Tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of Tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fisheries disaster assistance
For necessary expenses of administering the fishery disaster
assistance programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Public Law 94-265) and the
Interjurisdictional Fisheries Act (title III of Public Law 99-659),
$300,000.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2024, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$150,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
recreational quota entity fund
For carrying out the provisions of section 106 of the Driftnet
Modernization and Bycatch Reduction Act (title I of division S of the
Consolidated Appropriations Act, 2023 (Public Law 117-328)), the
National Oceanic and Atmospheric Administration may assess and collect
fees pursuant to such section, which shall be credited to this account,
to remain available until expended, for the purposes specified in
subsection (b) of such section, in addition to amounts otherwise
available for such purposes.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $94,500,000: Provided, That no
employee of the Department of Commerce may be detailed or assigned from
a bureau or office funded by this Act or any other Act to offices
within the Office of the Secretary of the Department of Commerce for
more than 180 days in a fiscal year unless the individual's employing
bureau or office is fully reimbursed for the salary and expenses of the
employee for the entire period of assignment using funds provided under
this heading: Provided further, That amounts made available to the
Department of Commerce in this or any prior Act may not be transferred
pursuant to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary circumstances
that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $1,142,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $48,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2024: Provided, That the
life cycle cost for the Joint Polar Satellite System is
$11,322,125,000, the life cycle cost of the Polar Follow On Program is
$6,837,900,000, the life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $11,700,100,000, and the
life cycle cost for the Space Weather Follow On Program is
$692,800,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not limited
to utilities, telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space that
persons, firms, or organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to use or
occupy in the Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of
1949 on a reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian Tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, Tribal government, Territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2025, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. The Secretary of Commerce, or the designee of the
Secretary, may waive up to 50 percent of the cost sharing requirements
under section 315, of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461) as necessary at the request of the grant applicant, for
amounts made available under this Act under the heading ``Procurement,
Acquisition and Construction'' under the heading ``National Oceanic and
Atmospheric Administration''.
Sec. 112. Any unobligated balances of expired discretionary funds
transferred to the Department of Commerce Nonrecurring Expenses Fund,
as authorized by section 111 of title I of division B of Public Law
116-93, may be obligated only after the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of the planned use of funds.
Sec. 113. The Under Secretary of Commerce for Oceans and
Atmosphere is authorized to designate one or more Cooperative Aviation
Centers for the purposes of recruiting aviators for the NOAA
commissioned officer corps from institutions that provide a four-year
baccalaureate program of professional flight and piloting instruction
that is accredited by the Aviation Accreditation Board International:
Provided, That Cooperative Aviation Centers shall be located in a
geographic area that experiences a wide variation in climate-related
activity, such as frequent high winds, convective activity (including
tornadoes), periods of low visibility, heat, and snow and ice episodes,
to provide opportunities for pilots to demonstrate skill in all weather
conditions compatible with future encounters during their service in
the commissioned officer corps of the Administration.
Sec. 114. The Administrator of the National Oceanic and
Atmospheric Administration may accept payments from a non-Federal party
during fiscal year 2024 for the purpose of altering or replacing
fencing, and related activities, for the Administration's port facility
in Ketchikan, Alaska. Amounts accepted under this section may be
credited to the appropriation account otherwise available for such
purpose and shall remain available until expended.
Sec. 115. The Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the employees of the
National Weather Service and non-governmental experts in personnel
management, may establish an alternative or fixed rate for relocation
allowance, including permanent change of station allowance,
notwithstanding the provisions of 5 U.S.C. 5724 and the regulations
prescribed under 5 U.S.C. 5738.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2024''.
TITLE II
DEPARTMENT OF JUSTICE
Justice Operations, Management, and Accountability
salaries and expenses
For expenses necessary for the operations, management, and
accountability of the Department of Justice, $142,000,000, of which
$4,000,000 shall remain available until September 30, 2025, and of
which not to exceed $4,000,000 for security and construction of
Department of Justice facilities shall remain available until expended:
Provided, That any reference to the Department of Justice's ``General
Administration'' appropriations heading (including references that
include its subheadings) which appears in any rule, regulation,
provision, law, or other official document, shall hereafter be deemed a
reference to the Department of Justice's ``Justice Operations,
Management, and Accountability'' appropriations heading.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$30,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$844,000,000, of which $4,000,000 shall be derived by transfer from the
Executive Office for Immigration Review fees deposited in the
``Immigration Examinations Fee'' account, and of which not less than
$28,000,000 shall be available for services and activities provided by
the Legal Orientation Program: Provided, That not to exceed
$50,000,000 of the total amount made available under this heading shall
remain available until September 30, 2028, for build-out and
modifications of courtroom space.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2025.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $14,000,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $1,090,000,000, of which not to exceed $50,000,000 for
litigation support contracts and information technology projects,
including cybersecurity and hardening of critical networks, shall
remain available until expended: Provided, That of the amount provided
for INTERPOL Washington dues payments, not to exceed $900,000 shall
remain available until expended: Provided further, That of the total
amount appropriated, not to exceed $8,900 shall be available to
INTERPOL Washington for official reception and representation expenses:
Provided further, That of the total amount appropriated, not to exceed
$8,900 shall be available to the Criminal Division for official
reception and representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination by the
Attorney General that emergent circumstances require additional funding
for litigation activities of the Civil Division, the Attorney General
may transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current fiscal year
for the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended: Provided further, That any funds provided
under this heading in prior year appropriations Acts that remain
available to the Civil Rights Division for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (52 U.S.C. 10305) may also be used to carry
out any authorized purposes of the Civil Rights Division: Provided
further, That amounts repurposed by the preceding proviso may not be
used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, $22,700,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund and to remain available until
expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $233,000,000, to remain available until expended, of which not to
exceed $5,000 shall be available for official reception and
representation expenses: Provided, That notwithstanding any other
provision of law, not to exceed $233,000,000 to be derived from fees
collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections are
received during fiscal year 2024, so as to result in a final fiscal
year 2024 appropriation from the general fund estimated at $0:
Provided further, That, notwithstanding section 605 of the Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1990 (15 U.S.C. 18a note), none of the funds
credited to this account as offsetting collections during the current
fiscal year shall become available for obligation in any fiscal year
except as provided in the preceding two provisos or as provided in a
subsequent appropriations Act.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,611,000,000: Provided, That of the total amount appropriated, not
to exceed $19,600 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$40,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $245,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits of
discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available in such
amounts as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, fees
deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited by
section 589a(f)(2) of title 28, United States Code), shall be retained
and used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That to the extent that
fees deposited into the Fund as discretionary offsetting collections in
fiscal year 2024, net of amounts necessary to pay refunds due
depositors, exceed $245,000,000, those excess amounts shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees
are received during fiscal year 2024, net of amounts necessary to pay
refunds due depositors, (estimated at $230,000,000) and (2) to the
extent that any remaining general fund appropriations can be derived
from amounts deposited in the Fund as discretionary offsetting
collections in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2024 appropriation
from the general fund estimated at $15,000,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,504,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $35,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$24,000,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,692,000,000, of which not to exceed $20,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended: Provided, That of
the amounts made available under this heading, $163,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
construction
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $2,100,000,000, to remain
available until expended: Provided, That of the amounts made available
under this heading, $250,000,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance'' pursuant
to section 4013(b) of title 18, United States Code: Provided further,
That the United States Marshals Service shall be responsible for
managing the Justice Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $128,000,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
organized crime drug enforcement task forces
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $547,000,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $10,643,713,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $279,000
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by
purchase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities; $30,000,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,567,000,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses: Provided, That of the amounts made available under this
heading, $328,000,000 is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That, notwithstanding section 3672 of Public Law 106-310, up
to $10,000,000 may be used to reimburse States, units of local
government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated with
clandestine methamphetamine laboratories, conversion and extraction
operations, tableting operations, or laboratories and processing
operations for fentanyl and fentanyl-related substances which may
present a danger to public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,625,000,000, of which not to exceed $35,650 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $25,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $8,392,588,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First Step
Act of 2018 (Public Law 115-391), of which not less than 2 percent
shall be transferred to and merged with the appropriation for
``Research, Evaluation and Statistics'' for the National Institute of
Justice to carry out evaluations of programs and activities related to
the First Step Act of 2018: Provided further, That the Attorney
General may transfer to the Department of Health and Human Services
such amounts as may be necessary for direct expenditures by that
Department for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
until expended for necessary operations: Provided further, That, of
the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities: Provided
further, That amounts made available under this heading for programs
and activities related to the First Step Act may not be transferred, or
otherwise made available, to or for administration by the Department of
Labor.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$179,762,000, to remain available until expended, of which $30,000,000
shall be available only for costs related to construction of new
facilities: Provided, That labor of United States prisoners may be
used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfers of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); title II of the Civil
Rights Act of 1968 (commonly known as the ``Indian Civil Rights Act of
1968'') (Public Law 90-284) (``the Indian Civil Rights Act''); the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) (``the 1994 Act''); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Juvenile Justice and Delinquency Prevention Act of 1974
(34 U.S.C. 11101 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386)
(``the 2000 Act''); the Justice for All Act of 2004 (Public Law 108-
405) (``the 2004 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); the Justice for Victims of Trafficking
Act of 2015 (Public Law 114-22) (``the 2015 Act''); the Abolish Human
Trafficking Act (Public Law 115-392); and the Violence Against Women
Act Reauthorization Act of 2022 (division W of Public Law 117-103)
(``the 2022 Act''); and for related victims services, $713,000,000, to
remain available until expended, of which $80,000,000 shall be derived
by transfer from amounts available for obligation in this Act from the
Fund established by section 1402 of chapter XIV of title II of Public
Law 98-473 (34 U.S.C. 20101), notwithstanding section 1402(d) of such
Act of 1984, and merged with the amounts otherwise made available under
this heading: Provided, That except as otherwise provided by law, not
to exceed 5 percent of funds made available under this heading may be
used for expenses related to evaluation, training, and technical
assistance: Provided further, That of the amount provided--
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any
applicable increases for the amount of such grants, as
authorized by section 5903 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023: Provided, That
$10,000,000 shall be for any such increases under such section
5903, which shall apply to fiscal year 2024 grants funded by
amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs;
(4) $17,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence; and
assistance to middle and high school students through education
and other services related to such violence, of which
$3,500,000 is to engage men and youth in preventing domestic
violence, dating violence, sexual assault, and stalking:
Provided, That unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305 of the
1994 Act, prior to its amendment by the 2013 Act, shall be
available for this program: Provided further, That 10 percent
of the total amount available for this grant program shall be
available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions
and grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $60,500,000 is for grants to improve the criminal
justice response as authorized by part U of title I of the 1968
Act, of which up to $4,000,000 is for a homicide reduction
initiative; up to $4,000,000 is for a domestic violence
lethality reduction initiative; and up to $8,000,000 is for an
initiative to promote effective policing and prosecution
responses to domestic violence, dating violence, sexual
assault, and stalking, including evaluation of the
effectiveness of funded interventions (``Policing and
Prosecution Initiative'');
(6) $78,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act, of which $12,500,000 is for grants to Historically
Black Colleges and Universities, Hispanic-Serving Institutions,
and Tribal colleges and universities;
(9) $55,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of
the 1994 Act, prior to their amendment by the 2013 Act, shall
be available for this program;
(12) $12,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal
Governments in exercising special Tribal criminal jurisdiction,
as authorized by section 204 of the Indian Civil Rights Act:
Provided, That the grant conditions in section 40002(b) of the
1994 Act shall apply to grants made;
(17) $1,500,000 is for the purposes authorized under the
2015 Act;
(18) $15,000,000 is for a grant program as authorized by
section 41801 of the 1994 Act: Provided, That the definitions
and grant conditions in section 109 of the 2022 Act shall apply
to this program;
(19) $11,000,000 is for culturally specific services for
victims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-
designation of tribal prosecutors as Tribal Special Assistant
United States Attorneys: Provided, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply
to this initiative;
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and
stalking, including through the provision of technical
assistance, as authorized by section 206 of the 2022 Act:
Provided, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to
provide remote services to Deaf victims of domestic violence,
dating violence, sexual assault, and stalking: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services to
underserved populations, as authorized by section 120 of the
2005 Act;
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the
effectiveness of funded projects: Provided, That the
definitions and grant conditions in section 40002 of the 1994
Act shall apply to this initiative;
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and
evaluation activities, as authorized by section 41701 of the
1994 Act;
(26) $10,000,000 is for grants to support access to sexual
assault nurse examinations, as authorized by section 304 of
title III of the 2004 Act: Provided, That the grant conditions
in section 40002 of the 1994 Act shall apply to this program;
and
(27) $5,500,000 is for local law enforcement grants for
prevention, enforcement, and prosecution of cybercrimes against
individuals, as authorized by section 1401 of the 2022 Act, and
for a National Resource Center on Cybercrimes Against
Individuals, as authorized by section 1402 of the 2022 Act:
Provided, That the grant conditions in section 40002 of the
1994 Act shall apply to this paragraph.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21) (``the
PROTECT Act''); the Justice for All Act of 2004 (Public Law 108-405);
the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162) (``the 2005 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of
2007 (Public Law 110-199); the Victims of Crime Act of 1984 (Public Law
98-473); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle C of title II of the Homeland
Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the
Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA''); the
NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198); the First Step Act of 2018 (Public Law 115-
391); and other programs, $65,000,000, to remain available until
expended, of which--
(1) $35,000,000 is for criminal justice statistics programs
and other activities as authorized by part C of title I of the
1968 Act; and
(2) $30,000,000 is for research, development, and
evaluation programs, and other activities as authorized by part
B of title I of the 1968 Act and subtitle C of title II of the
2002 Act, and for activities authorized by or consistent with
the First Step Act of 2018, of which $1,500,000 is for research
on multidisciplinary teams, and not less than $1,500,000 is for
Research and Development in Forensic Science for Criminal
Justice Purposes grants.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
109-164) (``the TVPRA of 2005''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248) (``the Adam Walsh Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386)
(``the Victims of Trafficking Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
the Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA'');
the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-
473); the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-416); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198) (``CARA''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); Kevin and Avonte's
Law (division Q of Public Law 115-141) (``Kevin and Avonte's Law'');
the Keep Young Athletes Safe Act of 2018 (title III of division S of
Public Law 115-141) (``the Keep Young Athletes Safe Act''); the STOP
School Violence Act of 2018 (title V of division S of Public Law 115-
141) (``the STOP School Violence Act''); the Fix NICS Act of 2018
(title VI of division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115-
185); the SUPPORT for Patients and Communities Act (Public Law 115-
271); the Second Chance Reauthorization Act of 2018 (Public Law 115-
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act (Public Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-
401); the Missing Persons and Unidentified Remains Act of 2019 (Public
Law 116-277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the
Violence Against Women Act Reauthorization Act of 2022 (division W of
Public Law 117-103) (``the 2022 Act''); and other programs,
$2,475,061,000, to remain available until expended as follows--
(1) $924,061,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and
Survivability (VALOR);
(B) $3,000,000 is for the operation, maintenance,
and expansion of the National Missing and Unidentified
Persons System;
(C) $10,000,000 is for a grant program for State
and local law enforcement to provide officer training
on responding to individuals with mental illness or
disabilities, including for purposes described in the
Law Enforcement De-Escalation Training Act of 2022
(Public Law 117-325);
(D) $3,000,000 is for a student loan repayment
assistance program pursuant to section 952 of Public
Law 110-315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local
government, and other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert
Program (title XXIV of the 1994 Act), as amended by
Kevin and Avonte's Law;
(G) $19,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115-185);
(H) $12,000,000 is for the Capital Litigation
Improvement Grant Program, as authorized by section 426
of Public Law 108-405, and for grants for wrongful
conviction review;
(I) $3,000,000 is for the program specified in
paragraph (1)(I) under the heading ``State and Local
Law Enforcement Assistance'' in division B of Public
Law 117-328;
(J) $1,000,000 is for the purposes of the Ashanti
Alert Communications Network as authorized under the
Ashanti Alert Act of 2018 (Public Law 115-401);
(K) $3,500,000 is for a grant program to replicate
and support family-based alternative sentencing
programs;
(L) $1,000,000 is for a grant program to support
child advocacy training in post-secondary education;
(M) $7,000,000 is for a rural violent crime
initiative, including assistance for law enforcement;
(N) $5,000,000 is for grants authorized under the
Missing Persons and Unidentified Remains Act of 2019
(Public Law 116-277);
(O) $1,500,000 is for grants to accredited
institutions of higher education to support forensic
ballistics programs;
(P) $3,000,000 is for the purposes authorized under
section 1506 of the 2022 Act;
(Q) $125,000,000 is for grants for law enforcement
activities associated with the presidential nominating
conventions in addition to amounts provided for such
purposes in section 222 of this Act; and
(R) $350,028,000 is for discretionary grants to
improve the functioning of the criminal justice system,
to prevent or combat juvenile delinquency, and to
assist victims of crime (other than compensation),
which shall be made available for the OJP--Byrne
projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such amounts may not be transferred for
any other purpose;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $88,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of the Victims
of Trafficking Act, by the TVPRA of 2005, or programs
authorized under Public Law 113-4;
(4) $12,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110-403,
of which not less than $2,500,000 is for intellectual property
enforcement grants including as authorized by section 401, and
$2,000,000 is for grants to develop databases on Internet of
Things device capabilities and to build and execute training
modules for law enforcement;
(5) $19,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 shall be
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards for research,
testing, and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $88,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180) and Fix
NICS Act of 2018;
(9) $34,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $153,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for the purposes authorized
under section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106-546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108-405, section
303);
(B) $15,000,000 for other local, State, and Federal
forensic activities;
(C) $14,000,000 is for the purposes described in
the Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $51,500,000 for community-based grant programs to
improve the response to sexual assault and apply enhanced
approaches and techniques to reduce violent crime, including
assistance for investigation and prosecution of related cold
cases;
(12) $14,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $50,000,000 for assistance to Indian Tribes;
(14) $117,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199) and by the Second Chance Reauthorization
Act of 2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which not
to exceed--
(A) $8,000,000 is for a program to improve State,
local, and Tribal probation or parole supervision
efforts and strategies;
(B) $5,000,000 is for children of incarcerated
parents demonstration programs to enhance and maintain
parental and family relationships for incarcerated
parents as a reentry or recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain
sanctions in probation, of which no less than $500,000
shall be used for a project that provides training,
technical assistance, and best practices; and
(D) $10,000,000 is for a grant program for crisis
stabilization and community reentry, as authorized by
the Crisis Stabilization and Community Reentry Act of
2020 (Public Law 116-281):
Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for Pay
for Success projects, of which up to $5,000,000 shall be for
Pay for Success programs implementing the Permanent Supportive
Housing Model and reentry housing;
(15) $420,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant, and
substance use disorders consistent with underlying program
authorities, of which--
(A) $89,000,000 is for Drug Courts, as authorized
by section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $40,000,000 is for mental health courts and
adult and juvenile collaboration program grants, as
authorized by parts V and HH of title I of the 1968
Act, and the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $35,000,000 is for grants for Residential
Substance Abuse Treatment for State Prisoners, as
authorized by part S of title I of the 1968 Act;
(D) $32,000,000 is for a veterans treatment courts
program;
(E) $35,000,000 is for a program to monitor
prescription drugs and scheduled listed chemical
products; and
(F) $189,000,000 is for a comprehensive opioid,
stimulant, and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under the
STOP School Violence Act;
(18) $3,000,000 for grants to State and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses involving
civil rights, as authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-325);
(19) $17,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-
84);
(20) $9,000,000 for grants specified in paragraph (20)
under the heading ``State and Local Law Enforcement
Assistance'' in division B of Public Law 117-328;
(21) $9,000,000 for programs authorized under the Jabara-
Heyer NO HATE Act (34 U.S.C. 30507);
(22) $114,000,000 for initiatives to improve police-
community relations, of which $32,000,000 is for a competitive
matching grant program for purchases of body-worn cameras for
State, local, and Tribal law enforcement; $32,000,000 is for a
justice reinvestment initiative, for activities related to
criminal justice reform and recidivism reduction; and
$50,000,000 is for a community violence intervention and
prevention initiative; and
(23) $3,000,000 is for emergency law enforcement assistance
for events occurring during or after fiscal year 2024, as
authorized by section 609M of the Justice Assistance Act of
1984 (34 U.S.C. 50101):
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service: Provided further, That in
the spending plan submitted pursuant to section 528 of this Act, the
Office of Justice Programs shall specifically and explicitly identify
all changes in the administration of competitive grant programs for
fiscal year 2024, including changes to applicant eligibility, priority
areas or weightings, and the application review process: Provided
further, That of the amounts made available under this heading, the
amount specified in paragraph (1)(Q) is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the PROTECT Act (Public Law 108-21); the Victims of Child Abuse
Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public Law
110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Missing
Children's Assistance Act of 2018 (Public Law 115-267); the Juvenile
Justice Reform Act of 2018 (Public Law 115-385); the Victims of Crime
Act of 1984 (chapter XIV of title II of Public Law 98-473) (``the 1984
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198); and other juvenile justice programs, $375,000,000, to
remain available until expended as follows--
(1) $65,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local,
and Tribal juvenile justice residential facilities;
(2) $104,000,000 for youth mentoring grants;
(3) $55,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $4,000,000 shall be for grants to prevent
trafficking of girls;
(B) $16,000,000 shall be for the Tribal Youth
Program;
(C) $4,500,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(D) $10,500,000 shall be for an initiative relating
to youth affected by opioids, stimulants, and substance
use disorder; and
(E) $9,000,000 shall be for an initiative relating
to children exposed to violence;
(4) $41,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $103,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the
PROTECT Our Children Act of 2008 (Public Law 110-401) shall not
apply for purposes of this Act);
(6) $4,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(3) and (6) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $34,800,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); the Law Enforcement Mental Health and
Wellness Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for
Patients and Communities Act (Public Law 115-271); the Supporting and
Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the
STOIC Act''); and the Law Enforcement De-Escalation Training Act of
2022 (Public Law 117-325), $664,516,000, to remain available until
expended: Provided, That any balances made available through prior
year deobligations shall only be available in accordance with section
505 of this Act: Provided further, That of the amount provided under
this heading--
(1) $256,168,839 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q of
such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
of the amounts appropriated under this paragraph, $34,000,000
is for improving Tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and anti-
opioid activities: Provided further, That of the amounts
appropriated under this paragraph, $44,000,000 is for regional
information sharing activities, as authorized by part M of
title I of the 1968 Act, which shall be transferred to and
merged with ``Research, Evaluation, and Statistics'' for
administration by the Office of Justice Programs: Provided
further, That of the amounts appropriated under this paragraph,
no less than $4,000,000 is to support the Tribal Access
Program: Provided further, That of the amounts appropriated
under this paragraph, $10,000,000 is for training, peer
mentoring, mental health program activities, and other support
services as authorized under the LEMHW Act and the STOIC Act:
Provided further, That of the amounts appropriated under this
paragraph, $7,500,000 is for the collaborative reform model of
technical assistance in furtherance of section 1701 of title I
of the 1968 Act (34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration;
(5) $53,000,000 is for competitive grants to be
administered by the Community Oriented Policing Services Office
for purposes authorized under the STOP School Violence Act
(title V of division S of Public Law 115-141);
(6) $25,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the
1968 Act (34 U.S.C. 10381);
(7) $247,347,161 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment, which shall be made
available for the COPS Tech projects, and in the amounts,
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such amounts may not be transferred for any
other purpose: Provided further, That grants funded by such
amounts shall not be subject to section 1703 of title I of the
1968 Act (34 U.S.C. 10383); and
(8) $20,000,000 is for activities authorized by the Law
Enforcement De-Escalation Training Act of 2022 (Public Law 117-
325).
General Provisions--Department of Justice
(including transfers of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That this section shall not
apply to the following--
(1) paragraph 1(R) under the heading ``State and Local Law
Enforcement Assistance''; and
(2) paragraph (7) under the heading ``Community Oriented
Policing Services Programs''.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may be
used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical
purposes, without regard to the authorizations for such grant
or reimbursement programs.
This section shall not apply to paragraph 1(R) under the heading
``State and Local Law Enforcement Assistance''.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2021 through 2024 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2024, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2024, and any use, obligation, transfer, or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2024, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under such authorities as
have been enacted for Performance Partnership Pilots in appropriations
acts in prior fiscal years and the current fiscal year.
Sec. 218. The Attorney General shall submit to the Committees on
Appropriations of the House of Representatives and the Senate quarterly
reports on the Crime Victims Fund, the Working Capital Fund, the Three
Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports
shall contain at least the same level of information and detail for
each Fund as was provided to the Committees on Appropriations of the
House of Representatives and the Senate in fiscal year 2023.
Sec. 219. None of the funds made available under this Act may be
used to conduct, contract for, or otherwise support, live tissue
training, unless the Attorney General issues a written, non-delegable
determination that such training is medically necessary and cannot be
replicated by alternatives.
Sec. 220. None of the funds made available by this Act may be used
by the Department of Justice to target or investigate parents who
peacefully protest at school board meetings and are not suspected of
engaging in unlawful activity.
Sec. 221. None of the funds made available by this Act may be used
to investigate or prosecute religious institutions on the basis of
their religious beliefs.
Sec. 222. Of the unobligated balances from amounts in the fund
established by section 9006(a) of title 26, United States Code,
$25,000,000 shall be paid to the ``Office of Justice Programs--State
and Local Law Enforcement Assistance'' appropriation, to remain
available until expended, for an additional amount for grants for law
enforcement activities associated with the presidential nominating
conventions, under the same authorities and conditions as amounts made
available in paragraph (1)(Q) under the heading ``Office of Justice
Programs--State and Local Law Enforcement Assistance'' in this Act.
This title may be cited as the ``Department of Justice
Appropriations Act, 2024''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $7,965,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of title V of Public Law 100-685 and Executive Order
No. 13803, hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, not to exceed $2,250
for official reception and representation expenses, $1,965,000:
Provided, That notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,334,200,000, to remain available until
September 30, 2025.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $935,000,000, to remain available until
September 30, 2025.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $1,100,000,000, to remain available until
September 30, 2025.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,666,200,000, to remain available until
September 30, 2025: Provided, That of the amounts made available under
this heading, $450,000,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the National Aeronautics and Space Administration shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate, concurrent with the annual budget
submission, a 5-year budget profile for an integrated system that
includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle,
and associated ground systems that will ensure a crewed launch as early
as possible.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control, and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft, $4,220,000,000, to remain available until September 30, 2025.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$143,000,000, to remain available until September 30, 2025, of which
$26,000,000 shall be for the Established Program to Stimulate
Competitive Research and $58,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,129,000,000, to remain available until
September 30, 2025: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required under the
third and fourth provisos under such heading in the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1989 (Public Law 100-404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103-327), up to $1,000,000 shall
be available from amounts made available under this heading to make
such grant disbursements: Provided further, That of the amounts
appropriated under this heading, $56,673,000 shall be made available
for the SSMS projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That the amounts made available for the
projects referenced in the preceding proviso may not be transferred for
any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $300,000,000, to remain available until
September 30, 2029: Provided, That of the amounts made available under
this heading, $250,000,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That proceeds from leases deposited into this account shall be
available for a period of 5 years to the extent and in amounts as
provided in annual appropriations Acts: Provided further, That such
proceeds referred to in the preceding proviso shall be available for
obligation for fiscal year 2024 in an amount not to exceed $30,000,000:
Provided further, That each annual budget request shall include an
annual estimate of gross receipts and collections and proposed use of
all funds collected pursuant to section 20145 of title 51, United
States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of which
$500,000 shall remain available until September 30, 2025.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 10 percent of any appropriation made available for
the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 20 percent by
any such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities
shall not increase that account by more than 20 percent. Balances so
transferred shall be merged with and available for the same purposes
and the same time period as the appropriations to which transferred.
Any transfer pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2024 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any transfer pursuant to this provision shall
retain its original availability and shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
The spending plan required by this Act shall be provided by the
National Aeronautics and Space Administration at the theme, program,
project, and activity level. The spending plan, as well as any
subsequent change of an amount established in that spending plan that
meets the notification requirements of section 505 of this Act, shall
be treated as a reprogramming under section 505 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Not more than 20 percent or $50,000,000, whichever is less, of the
amounts made available in the current-year Construction and
Environmental Compliance and Restoration (CECR) appropriation may be
applied to CECR projects funded under previous years' CECR
appropriations. Use of current-year funds under this provision shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with the
procedures set forth in that section.
Of the amounts made available in this Act under the heading
``Science, Technology, Engineering, and Mathematics Engagement''
(``STEM Engagement''), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from amounts
made available in this Act under the headings ``Science'',
``Aeronautics'', ``Space Technology'', ``Exploration'', and ``Space
Operations'', projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including Minority
Serving Institutions.
Not to exceed $32,600,000 made available for the current fiscal
year in this Act within ``Safety, Security and Mission Services'' may
be transferred to the Working Capital Fund of the National Aeronautics
and Space Administration. Balances so transferred shall be available
until expended only for activities described in section 30102(b)(3) of
title 51, United States Code, as amended by this Act, and shall remain
available until expended. Any transfer pursuant to this provision shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation except in compliance with the
procedures set forth in that section.
Funds previously made available in the Consolidated Appropriations
Act, 2017 (Public Law 115-31) under the heading ``National Aeronautics
and Space Administration--Space Operations'' that were available for
obligation through fiscal year 2018 are to remain available through
fiscal year 2027 for the liquidation of valid obligations incurred in
fiscal years 2017 and 2018.
Funds previously made available in the Consolidated Appropriations
Act, 2018 (Public Law 115-141) under the heading ``National Aeronautics
and Space Administration--Space Operations'' that were available for
obligation through fiscal year 2019 are to remain available through
fiscal year 2027 for the liquidation of valid obligations incurred in
fiscal years 2018 and 2019.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $7,176,500,000, to remain available
until September 30, 2025: Provided, That of the amounts appropriated
under this heading, not to exceed $680,000,000 shall remain available
until expended for polar research and operations support, and for
reimbursement to other Federal agencies for operational and science
support and logistical and other related activities for the United
States Antarctic program: Provided further, That of the amounts in the
preceding proviso, not less than $109,310,000 shall be for U.S.
Antarctic Logistical Support: Provided further, That receipts for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $234,000,000, to remain available until expended: Provided,
That of the amounts made available under this heading, $234,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
stem education
For necessary expenses in carrying out science, mathematics, and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $1,172,000,000, to remain available until
September 30, 2025.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $448,000,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2024 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$5,090,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $24,410,000, of which
$1,300,000 shall remain available until September 30, 2025.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation (NSF) shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days in advance of any planned divestment
through transfer, decommissioning, termination, or deconstruction of
any NSF-owned facilities or any NSF capital assets (including land,
structures, and equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act,
2024''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $14,350,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That the Chair may
accept and use any gift or donation to carry out the work of the
Commission: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act
of 1983 (42 U.S.C. 1975a): Provided further, That notwithstanding the
preceding proviso, $2,000,000 shall be used to separately fund the
Commission on the Social Status of Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$31,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $455,000,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair may accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses,
$122,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $560,000,000,
of which $516,100,000 is for basic field programs and required
independent audits; $5,700,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $26,200,000 is for management and
grants oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2023 and 2024, respectively: Provided, That for the
purposes of applications of such sections 501 and 502, any requirement
relating to the proportion of attorneys serving on the governing body
of an entity providing legal assistance shall be deemed to be satisfied
if at least 33 percent of such governing body is composed of attorneys
otherwise meeting the criteria established by section 1007(c) of the
Legal Services Corporation Act (42 U.S.C. 2996f(c)), and section
502(2)(b)(ii) of Public Law 104-134 shall not apply.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $4,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $59,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,640,000, of which $500,000 shall remain available until
September 30, 2025: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2024, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs, or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects, or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project, or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $1,353,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred to
the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated
with this section; and (2) 5 percent shall be available to the Office
for Victims of Crime for grants, consistent with the requirements of
the Victims of Crime Act, to Indian Tribes to improve services for
victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. 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 Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy for
any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 518. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2024 until the enactment of the Intelligence
Authorization Act for fiscal year 2024.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances available to the
Department of Commerce, the following funds are hereby permanently
rescinded, not later than September 30, 2024, from the following
accounts in the specified amounts--
(1) ``Economic Development Administration--Economic
Development Assistance Programs'', $35,000,000, only from prior
year appropriations;
(2) ``Census Working Capital Fund'', $10,000,000;
(3) ``National Institute of Standards and Technology--
Working Capital Fund'', $10,000,000;
(4) ``Nonrecurring Expenses Fund'', $12,440,000,000, only
from amounts appropriated by section 101(e) of the Fiscal
Responsibility Act of 2023 (Public Law 118-5); and
(5) ``Departmental Management--Working Capital Fund'',
$10,000,000.
(b) Of the unobligated balances from prior year appropriations
available to the Department of Justice, the following funds are hereby
permanently rescinded, not later than September 30, 2024, from the
following accounts in the specified amounts--
(1) ``Federal Bureau of Investigation--Salaries and
Expenses'', $367,700,000;
(2) ``Federal Prison System--Buildings and Facilities'',
$19,000,000;
(3) ``State and Local Law Enforcement Activities--Office on
Violence Against Women--Violence Against Women Prevention and
Prosecution Programs'', $5,000,000;
(4) ``State and Local Law Enforcement Activities--Office of
Justice Programs'', $120,000,000; and
(5) ``State and Local Law Enforcement Activities--Community
Oriented Policing Services'', $15,000,000.
(c) Of the unobligated balances available to the Department of
Justice, the following funds are hereby permanently rescinded, not
later than September 30, 2024, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $131,572,000; and
(2) ``Legal Activities--Assets Forfeiture Fund'',
$500,000,000.
(d) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2024, specifying the amount
of each rescission made pursuant to subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c) shall
not be from amounts that were designated by the Congress as an
emergency or disaster relief requirement pursuant to the concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
(f) The amounts rescinded pursuant to subsections (b) and (c) shall
not be from--
(1) amounts provided under subparagraph (Q) of paragraph
(1) under the heading ``State and Local Law Enforcement
Activities--Office of Justice Programs--State and Local Law
Enforcement Assistance'' in title II of division B of Public
Law 117-103 or Public Law 117-328; or
(2) amounts provided under paragraph (7) under the heading
``State and Local Law Enforcement Activities--Community
Oriented Policing Services--Community Oriented Policing
Services Programs'' in title II of division B of Public Law
117-103 or Public Law 117-328.
Sec. 522. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 523. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is in
the national interest and notifies the Committees on
Appropriations of the House of Representatives and the Senate
within at least 15 days of that determination and the basis for
that determination.
Sec. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 526. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA), the
Office of Science and Technology Policy (OSTP), or the National Space
Council (NSC) to develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA, OSTP, or NSC, after consultation with
the Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 527. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate not later than 45 days after the date of enactment of this
Act.
Sec. 529. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming, or with respect to the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the United States Virgin
Islands, Guam, or Puerto Rico, to prevent any of them from implementing
their own laws that authorize the use, distribution, possession, or
cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 533. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1993 Small
Area Income and Poverty Estimates, the 2000 decennial census, and the
most recent Small Area Income and Poverty Estimates, or any Territory
or possession of the United States.
Sec. 534. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 536. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 537. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 539. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 540. (a) The remaining unobligated balances of funds as of
September 30, 2024, from amounts made available to ``Office of the
United States Trade Representative--Salaries and Expenses'' in section
540(a) of division B of the Consolidated Appropriations Act, 2023
(Public Law 117-328) are hereby rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded pursuant to
this subsection is hereby appropriated on September 30, 2024, for an
additional amount for fiscal year 2024, to remain available until
September 30, 2026, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were provided in Public
Law 116-113, except that all references to ``2023'' under such heading
in Public Law 116-113 shall be deemed to refer instead to ``2026''.
(b) The remaining unobligated balances of funds as of September 30,
2024, from amounts made available to ``Office of the United States
Trade Representative--Trade Enforcement Trust Fund'' in section 540(b)
of division B of the Consolidated Appropriations Act, 2023 (Public Law
117-328) are hereby rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2024, for an
additional amount for fiscal year 2024, to remain available until
September 30, 2026, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were provided in Public
Law 116-113, except that the reference to ``2023'' under such heading
in Public Law 116-113 shall be deemed to refer instead to ``2026''.
(c) The amounts rescinded pursuant to this section that were
previously designated by the Congress 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, are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(d) Each amount provided by this section is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 541. Funds made available to the Department of Commerce and
the Department of Justice in this Act and any remaining unobligated
balances of funds made available to the Department of Commerce and the
Department of Justice in prior year Acts, other than amounts designated
by the Congress as being for an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985 or from amounts made available
under the heading ``Department of Justice--Legal Activities--Fees and
Expenses of Witnesses'', shall be available to provide payments
pursuant to section 901(i)(2) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)):
Provided, That payments made pursuant to the matter preceding this
proviso may not exceed $5,000,000 for the Department of Commerce and
$10,000,000 for the Department of Justice.
Sec. 542. Notwithstanding title II of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58), up to 0.7
percent of amounts made available to the National Telecommunications
and Information Administration by such Act shall be available for
salaries and expenses, administration, and oversight of programs
administered by such Administration that received appropriations by
such Act, in addition to amounts previously made available for such
purpose: Provided, That all such amounts shall be available across
such programs and shall be available for salaries and expenses,
administration, and oversight of the Connecting Minority Communities
Pilot Program (as authorized by section 902 of division N of Public Law
116-260) and of the Broadband Connectivity Infrastructure Program (as
authorized by section 905(d) of division N of Public Law 116-260),
regardless of the heading under which such amounts were appropriated:
Provided further, That such amounts may be transferred between the
appropriate accounts to carry out this section, in addition to
authorities included elsewhere in such Act: Provided further, That
this section shall not reduce the total allocation for any State under
Program Notices of Available Amounts dated June 30, 2023: Provided
further, That amounts transferred pursuant to this section may be
obligated only after the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of the planned use of funds: Provided further, That amounts repurposed
or transferred pursuant to this section that were previously designated
by the Congress as an emergency requirement pursuant to 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 to
legislation establishing fiscal year 2024 budget enforcement in the
House of Representatives.
Sec. 543. None of the funds made available by this Act may be used
to move the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Canine Training Center or the ATF National Canine Division from Front
Royal, Virginia, to another location.
Sec. 544. (a) Section 507(d) of title 11, United States Code, is
amended by inserting ``excluding subparagraph (F)'' after ``(a)(8)''.
(b)(1) Except as provided in paragraph (2), the amendment made by
subsection (a) shall take effect on the date of the enactment of this
Act.
(2) The amendment made by subsection (a) shall not apply with
respect to cases commenced under title 11 of the United States Code
before the date of the enactment of this Act.
Sec. 545. Section 107(b)(2)(C) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(b)(2)(C)) is amended by striking
``total costs of the projects described in the application submitted''
and inserting in its place ``total project cost. In general, this
project match requirement may be satisfied by contributions or
expenditures committed to improve victim support services that promote
victim recovery and reintegration into society, provided that these
contributions and expenditures are consistent with applicable grant
requirements and approved project scope''.
Sec. 546. (a)(1)(A) Within 45 days of enactment of this Act, the
Secretary of Commerce shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Fund for fiscal year 2024 pursuant to paragraphs (1) and (2) of
section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117-
167), including the transfer authority in such paragraphs of that
section of that Act, to the accounts specified, in the amounts
specified, and for the projects and activities specified, in the table
titled ``Department of Commerce Allocation of National Institute of
Standards and Technology Funds: CHIPS Act Fiscal Year 2024'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), and pursuant to the direction
included in the classified annex accompanying this Act.
(B) Not later than October 15, 2024, and notwithstanding subsection
(b) of this section, the Secretary of Commerce shall allocate from the
amounts made available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund for fiscal year 2025 pursuant
to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022
(division A of Public Law 117-167), including the transfer authority in
such paragraphs of that section of that Act, to the account specified,
in the amount specified, and for the project and activity specified, in
the table titled ``Department of Commerce Allocation of National
Institute of Standards and Technology Funds: CHIPS Act Fiscal Year
2025'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and pursuant to
the direction included in the classified annex accompanying this Act.
(C) Not later than October 15, 2025, and notwithstanding subsection
(b) of this section, the Secretary of Commerce shall allocate from the
amounts made available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund for fiscal year 2026 pursuant
to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022
(division A of Public Law 117-167), including the transfer authority in
such paragraphs of that section of that Act, to the accounts specified,
in the amounts not to exceed that specified, and for the projects and
activities specified, in the table titled ``Department of Commerce
Allocation of National Institute of Standards and Technology Funds:
CHIPS Act Fiscal Year 2026'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), and pursuant to the direction included in the classified annex
accompanying this Act.
(2) Within 45 days of enactment of this Act, the Director of the
National Science Foundation shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Workforce and Education Fund for fiscal year 2024 pursuant to
section 102(d)(1) of the CHIPS Act of 2022 (division A of Public Law
117-167), to the account specified, in the amounts specified, and for
the projects and activities specified in the table titled ``National
Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2024'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(a)(2)(A)
of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if
there is in effect an Act making or continuing appropriations for part
of a fiscal year for the Departments of Commerce and Justice, Science,
and Related Agencies: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation,
apportionment, or allotment of amounts for continuing administration of
programs allocated funds from the CHIPS for America Fund, which may be
allocated only in amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations of the
House of Representatives and the Senate, and subject to the terms and
conditions in section 505 of this Act--
(1) the Secretary of Commerce may reallocate funds
allocated to Industrial Technology Services for section 9906 of
Public Law 116-283 by subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce
and Education Fund by subsection (a)(2) of this section.
(d) Concurrent with the annual budget submission of the President
for fiscal year 2025, the Secretary of Commerce and the Director of the
National Science Foundation, as appropriate, shall each submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available
under section 102(a)(2) and section 102(d)(2) of the CHIPS Act of 2022
for fiscal year 2025.
(e) The Department of Commerce and the National Science Foundation,
as appropriate, shall each provide the Committees on Appropriations of
the House of Representatives and Senate quarterly reports on the status
of balances of projects and activities funded by the CHIPS for America
Fund for amounts allocated pursuant to subsection (a)(1) of this
section, and section 543(a)(1) of division B of Public Law 117-328, the
status of balances of projects and activities funded by the Public
Wireless Supply Chain Innovation Fund for amounts allocated pursuant to
section 543 (a)(2) of division B of Public Law 117-328, and the status
of balances of projects and activities funded by the CHIPS for America
Workforce and Education Fund for amounts allocated pursuant to
subsection (a)(2) of this section and section 543(a)(3) of division B
of Public Law 117-328, including all uncommitted, committed, and
unobligated funds.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2024''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
(including rescission of funds)
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $142,990,000, to
remain available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress: Provided
further, That of the unobligated balances from prior year
appropriations available under this heading, $11,413,000 is rescinded:
Provided further, That no amounts may be rescinded 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.
construction
(including rescission of funds)
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,854,688,000, to remain available until expended; of which
$114,775,000, to be derived from the Harbor Maintenance Trust Fund,
shall be to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program; and
of which such sums as are necessary to cover 35 percent of the costs of
construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That of the unobligated balances from prior year appropriations
available under this heading, $9,678,000 is rescinded: Provided
further, That no amounts may be rescinded 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: Provided further, That of the
unobligated balances from amounts made available under this heading in
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) for which spend plan allocations have not been announced as of
the date of enactment of this Act, $1,434,500,000 shall be used,
regardless of project purpose and in addition to amounts otherwise made
available for such purposes, for projects specified in the table titled
``Corps of Engineers--Construction'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), and, when combined with the amounts made available
in the matter preceding the first proviso under this heading, shall not
in total exceed the amount for any project as specified in such table:
Provided further, That projects receiving funds pursuant to the
preceding proviso shall be subject to the terms and conditions of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58): Provided further, That not later than 60 days after the date
of enactment of this Act, the Secretary shall submit directly to the
Committees on Appropriations of both Houses of Congress a work plan
that includes the amount that each project specified in the table
titled ``Corps of Engineers--Construction'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) will receive from amounts made available in the
matter preceding the first proviso under this heading and from amounts
repurposed pursuant to the third proviso under this heading: Provided
further, That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations of both
Houses of Congress: Provided further, That amounts repurposed under
this heading that were previously designated by the Congress as an
emergency requirement pursuant to 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 to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
mississippi river and tributaries
(including rescission of funds)
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $368,037,000, to remain
available until expended, of which $6,057,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $1,110,000 is
rescinded: Provided further, That no amounts may be rescinded 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.
operation and maintenance
(including rescission of funds)
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $5,552,816,000, to remain available until
expended, of which $2,650,168,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and
for inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected; and of
which $58,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and
shall be designated as being for such purpose pursuant to paragraph (2)
of section 14003 of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136): Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the
Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects, or activities: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $30,000 is
rescinded: Provided further, That no amounts may be rescinded 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.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $221,000,000, to remain
available until September 30, 2025.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $300,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $216,000,000, to remain available until September 30, 2025, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 7016(b)(3), $5,000,000, to remain
available until September 30, 2025: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), to specific programs, projects, or activities: Provided further,
That not more than 90 percent of such amounts made available under this
heading shall be available for obligation until the Assistant Secretary
provides in writing to the Committees on Appropriations of both Houses
of Congress recommendations for the appropriate level of design during
feasibility studies, the appropriate level of preconstruction
engineering and design required before a construction new start, and
how cost estimate classifications may best be adjusted for changing
environments.
water infrastructure finance and innovation program account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $2,200,000, to remain available until expended, for safety
projects to maintain, upgrade, and repair dams identified in the
National Inventory of Dams with a primary owner type of state, local
government, public utility, or private: Provided, That no project may
be funded with amounts provided under this heading for a dam that is
identified as jointly owned in the National Inventory of Dams and where
one of those joint owners is the Federal Government: Provided further,
That amounts made available under this heading in this Act shall also
be available for projects to construct, maintain, upgrade, and repair
levees and ancillary features with a primary owner type of state,
municipal, county, private, or other non-Federal entity: Provided
further, That no project may be funded with amounts provided under this
heading for a levee unless the Secretary has certified in advance, in
writing, that the levee is not owned, in whole or in part, by the
Federal Government: Provided further, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans, including capitalized interest, and total loan
principal, including capitalized interest, any part of which is to be
guaranteed, not to exceed $440,000,000: Provided further, That the use
of direct loans or loan guarantee authority under this heading for
direct loans or commitments to guarantee loans for any project shall be
in accordance with the criteria published in the Federal Register on
June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the
heading ``Water Infrastructure Finance and Innovation Program Account''
in division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94): Provided further, That none of the direct loans
or loan guarantee authority made available under this heading shall be
available for any project unless the Secretary and the Director of the
Office of Management and Budget have certified in advance in writing
that the direct loan or loan guarantee, as applicable, and the project
comply with the criteria referenced in the previous proviso: Provided
further, That any references to the Environmental Protection Agency
(EPA) or the Administrator in the criteria referenced in the previous
two provisos shall be deemed to be references to the Army Corps of
Engineers or the Secretary of the Army, respectively, for purposes of
the direct loans or loan guarantee authority made available under this
heading: Provided further, That for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Secretary shall promptly provide,
documentation and information relating to a project identified in a
Letter of Interest submitted to the Secretary pursuant to a Notice of
Funding Availability for applications for credit assistance under the
Water Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the date of
enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to
remain available until September 30, 2025.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfers of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2024, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $8,200,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. None of the funds made available by this Act or any
prior Act may be used to alter the eligibility requirements for
assistance under section 5 of the Act of August 18, 1941 (33 U.S.C.
701n) in effect on November 14, 2022, without express authorization by
Congress.
Sec. 109. Notwithstanding any other requirement, the remaining
unobligated balances from amounts made available under the heading
``Corps of Engineers--Civil--Construction'' in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) for which
spend plan allocations have not been announced as of the date of
enactment of this Act (other than such balances otherwise repurposed by
the third proviso under such heading in this title) may be made
available for projects, in addition to amounts otherwise made available
for such purposes and regardless of project purpose, that have
previously received funds under the heading ``Construction'' in title
IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-
123) subject to the terms and conditions of such title IV of division B
as applicable and as specifically modified by section 111 of this Act,
or in chapter 4 of title X of the Disaster Relief Appropriations Act,
2013 (division A of Public Law 113-2) subject to the terms and
conditions of such chapter 4 of title X as applicable and as
specifically modified by section 111 of this Act, and for which non-
Federal interests have entered into binding agreements with the
Secretary as of the date of enactment of this Act: Provided, That
amounts repurposed pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant to 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 to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
Sec. 110. The remaining unobligated balances from amounts provided
under the heading ``Construction'' in title IV of the Disaster Relief
Supplemental Appropriations Act, 2022 (division B of Public Law 117-43)
for which spend plan allocations were announced prior to the date of
enactment of this Act shall be reallocated to the same project,
including modifications thereto, and in addition to amounts otherwise
made available for such purpose, that has previously received funds
under such heading in title IV of division B of the Bipartisan Budget
Act of 2018 (Public Law 115-123), subject to the terms and conditions
of such title IV of division B of Public Law 115-123 as applicable and
as specifically modified by section 111 of this Act: Provided, That
amounts repurposed pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 111. Studies or projects receiving funds under the following
headings in the following Acts as of the date of enactment of this Act
are not required to be completed with such funds and may receive funds
from this Act or future Acts, and any additional funds for such studies
and projects shall be subject to the same terms and conditions
applicable to the following headings in the following Acts--
(1) ``Investigations'' or ``Construction'' in title IV of
division B of the Bipartisan Budget Act of 2018 (Public Law
115-123);
(2) ``Corps of Engineers--Civil--Construction'' in chapter
4 of title X of the Disaster Relief Appropriations Act, 2013
(division A of Public Law 113-2); and
(3) ``Corps of Engineers--Civil--Investigations'' in title
III of division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58).
Sec. 112. Of the unobligated balances from prior year
appropriations made available to ``Corps of Engineers--Civil'', the
following funds shall be transferred from the following accounts and
programs in the specified amounts to ``Corps of Engineers--Civil--
Investigations'' and, in addition to amounts otherwise made available
for such purposes, shall be used for studies that have previously
received funds provided under the heading ``Investigations'' in title
IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-
123) or under such heading in title III of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) and for
which non-Federal interests have entered into feasibility cost sharing
agreements with the Secretary as of the date of enactment of this Act--
(1) $371,293.38 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title I of division B
of Public Law 109-148;
(2) $562,613.89 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title I
of division B of Public Law 109-148 that were provided for the
Mississippi River-Gulf Outlet channel;
(3) $38,873.32 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title II of Public Law
109-234 that were provided for the Lake Pontchartrain and
Vicinity project, the North Padre Island, Texas project, the
Sacramento, California, Area project, and the Hawaii Water
Systems Technical Assistance Program;
(4) $95.55 from the combined unobligated balances under the
``Construction'' headings in chapter 3 of title IV and chapter
3 of title V of Public Law 110-28;
(5) $83,734.13 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title III of Public
Law 110-252, including amounts that were provided for the Lake
Pontchartrain and Vicinity project, the West Bank and Vicinity
project, and the Southeast Louisiana Urban Drainage project;
(6) $2,122.56 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title III
of Public Law 110-252;
(7) $10.72 from the unobligated balances under the heading
``Mississippi River and Tributaries'' in chapter 3 of title III
of Public Law 110-252;
(8) $274,678.03 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title I of division B
of Public Law 110-329 that were provided for the Lake
Pontchartrain and Vicinity project, the West Bank and Vicinity
project, and the Southeast Louisiana Urban Drainage project;
(9) $267,434.81 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title I
of division B of Public Law 110-329;
(10) $0.02 from the unobligated balances under the heading
``Operation and Maintenance'' in title IV of Public Law 111-32;
(11) $246,869.24 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 4 of title I
of Public Law 111-212; and
(12) $2,643,142.04 from the unobligated balances under the
heading ``Operation and Maintenance'' in title I of Public Law
112-77:
Provided, That studies receiving funding pursuant to this section
shall be subject to the terms and conditions of the heading
``Investigations'' in title IV of division B of the Bipartisan Budget
Act of 2018 (Public Law 115-123) or such heading in title III of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58), as applicable and as specifically modified by section 111 of
this Act: Provided further, That amounts repurposed or transferred
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or as being for disaster relief pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as being an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 or as being for disaster relief pursuant to section
251(b)(2)(D) of such Act, respectively.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of
which $4,650,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,750,000 shall be available until
September 30, 2025, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2024, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,990,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian Tribes,
and others, $1,751,698,000, to remain available until expended, of
which $1,051,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $7,584,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That $500,000 shall be available for transfer into the Aging
Infrastructure Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):
Provided further, That such transfers, except for the transfer
authorized by the preceding proviso, may be increased or decreased
within the overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund, the Water Storage Enhancement
Receipts account established by section 4011(e) of Public Law 114-322,
or the Bureau of Reclamation special fee account established by 16
U.S.C. 6806 shall be derived from that Fund or account: Provided
further, That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided
further, That of the amounts made available under this heading,
$5,500,000 shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of division B of appendix D of
Public Law 106-554: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which shall be
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided further, That within available funds, $250,000 shall be
for grants and financial assistance for educational activities:
Provided further, That in accordance with section 4007 of Public Law
114-322 and as recommended by the Secretary in a letter dated July 25,
2023, funding provided for such purpose in fiscal year 2023 and prior
fiscal years shall be made available to the Sites Reservoir Project.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected in fiscal
year 2024 in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2025, $66,794,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377,
of which not to exceed $5,000 may be used for official reception and
representation expenses: Provided, That no part of any other
appropriation in this Act shall be available for activities or
functions budgeted as policy and administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase and replacement of not to exceed 30 motor vehicles, which are
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2024, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs,
projects, and activities specified in the ``Final Bill'' columns in the
``Water and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$820,000,000'' and inserting ``$920,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 204 of
division D of Public Law 117-103, shall be applied by substituting
``2024'' for ``2022'' each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) is amended by striking ``$25,000,000'' and
inserting ``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) shall be applied by substituting ``2024''
for ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by
substituting ``2024'' for ``2022''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) shall be applied by substituting ``2024''
for ``2022'' and by substituting ``$130,000,000'' for ``$120,000,000''.
Sec. 207. Section 9503(f) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting
``2024'' for ``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $3,460,000,000, to
remain available until expended: Provided, That of such amount,
$223,000,000 shall be available until September 30, 2025, for program
direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $200,000,000, to remain available until expended: Provided,
That of such amount, $28,000,000 shall be available until September 30,
2025, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $280,000,000, to remain available until
expended: Provided, That of such amount, $19,000,000 shall be
available until September 30, 2025, for program direction: Provided
further, That funds under this heading allocated for the purposes of
section 9 of the Small Business Act, as amended (15 U.S.C. 638),
including for Small Business Innovation Research and Small Business
Technology Transfer activities, or for the purposes of section 1001 of
the Energy Policy Act of 2005, as amended (42 U.S.C. 16391(a)), for
Technology Commercialization Fund activities, may be reprogrammed
without being subject to the restrictions in section 301 of this Act.
Grid Deployment
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for grid deployment in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7191 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $60,000,000, to remain available until expended: Provided,
That of such amount, $6,000,000 shall be available until September 30,
2025, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,685,000,000, to remain available until
expended: Provided, That of such amount, $90,000,000 shall be
available until September 30, 2025, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy Policy
Act of 2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``Final Bill'' column
in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out fossil
energy and carbon management research and development activities, under
the authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $865,000,000, to remain available until expended: Provided,
That of such amount $70,000,000 shall be available until September 30,
2025, for program direction.
Energy Projects
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$83,724,000, to remain available until expended, for projects specified
in the table that appears under the heading ``Congressionally Directed
Spending for Energy Projects'' in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,010,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $213,390,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), section 32204 of the Fixing America's Surface
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to
remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,150,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $135,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $342,000,000, to remain available until
expended: Provided, That in addition, fees collected pursuant to
subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2024 pursuant to section
309 of title III of division C of Public Law 116-94 are appropriated,
to remain available until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$855,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$0 shall be available in accordance with title X, subtitle A, of the
Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles,
$8,240,000,000, to remain available until expended: Provided, That of
such amount, $226,831,000 shall be available until September 30, 2025,
for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, $12,040,000, to
remain available until expended, which shall be derived from the
Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the
activities of technology transitions, $20,000,000, to remain available
until expended: Provided, That of such amount, $11,500,000 shall be
available until September 30, 2025, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for clean energy demonstrations in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $50,000,000, to remain available until
expended: Provided, That of such amount, $27,500,000 shall be
available until September 30, 2025, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $460,000,000, to remain available until expended:
Provided, That of such amount, $40,000,000 shall be available until
September 30, 2025, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $70,000,000 is appropriated, to
remain available until September 30, 2025: Provided further, That up
to $70,000,000 of fees collected in fiscal year 2024 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2025: Provided further, That to the
extent that fees collected in fiscal year 2024 exceed $70,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2024 (estimated at
$70,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2024 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.8 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $13,000,000, to remain available until September 30, 2025.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to
remain available until September 30, 2025.
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $70,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$14,000,000 shall be available until September 30, 2025, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$387,078,000, to remain available until September 30, 2025, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $100,578,000 in fiscal year
2024 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2024 appropriation from the general fund estimated at not more than
$286,500,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$86,000,000, to remain available until September 30, 2025.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $19,108,000,000, to
remain available until expended: Provided, That of such amount,
$118,056,000 shall be available until September 30, 2025, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,581,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,946,000,000,
to remain available until expended, of which, $92,800,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such amount
made available under this heading, $61,540,000 shall be available until
September 30, 2025, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $500,000,000, to remain
available until September 30, 2025, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $7,285,000,000, to
remain available until expended: Provided, That of such amount,
$326,893,000 shall be available until September 30, 2025, for program
direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities,
$285,000,000, to be deposited into the Defense Environmental Cleanup
account, which shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,080,000,000, to remain available until expended:
Provided, That of such amount, $381,593,000 shall be available until
September 30, 2025, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2024, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $8,449,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $8,449,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2024 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$71,850,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $52,326,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $40,886,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation
estimated at not more than $11,440,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $313,289,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $313,289,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $213,417,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation
estimated at not more than $99,872,000, of which $99,872,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $3,425,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $3,197,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2024 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2024, the
Administrator of the Western Area Power Administration may accept up to
$1,872,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $520,000,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $520,000,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2024 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2024 so as to result in a
final fiscal year 2024 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) provide nonoperational funding through a competition
restricted only to Department of Energy National Laboratories
totaling $1,000,000 or more;
(D) provide nonoperational funding directly to a Department
of Energy National Laboratory totaling $25,000,000 or more;
(E) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A), (B),
(C), or (D); or
(F) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A), (B), (C), or (D).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 303. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 304. None of the funds made available in this title may be
used to support a grant allocation award, discretionary grant award, or
cooperative agreement that exceeds $100,000,000 in Federal funding
unless the project is carried out through internal independent project
management procedures.
Sec. 305. No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 306. Only $35,000,000 of the amounts made available in this
Act under the heading ``Weapons Activities'' for W80-4 Alteration-SLCM,
as specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--Department of
Energy'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), shall be
available for obligation until 15 days after the date on which the
Administrator of the National Nuclear Security Administration certifies
in writing to the Committees on Appropriations of both Houses of
Congress that the Administrator is in compliance with the requirements
of subsection (c) and subsection (d) of section 1642 of the National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263).
Sec. 307. (a) Of the unobligated balances of amounts made available
to the Department of Energy under each heading in title III of division
J of Public Law 117-58, an amount equal to the amount transferred from
each such heading as of September 30, 2023, pursuant to section 303 of
Public Law 117-58 shall be transferred not later than 15 days after the
date of enactment of this Act to the Office of the Inspector General of
the Department of Energy to oversee the funds made available to the
Department of Energy in Public Law 117-58: Provided, That any amounts
so transferred that were previously designated by the Congress as an
emergency requirement pursuant to 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 to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
(b) As of the date of enactment of this Act, of the amounts made
available to the Department of Energy under each of sections 50121,
50141, 50142, 50143, 50144, 50145, 50151, 50152, 50153, and 50161 of
Public Law 117-169, two-tenths of one percent of such amounts shall be
transferred to the Office of the Inspector General of the Department of
Energy to oversee the funds made available to the Department of Energy
in Public Law 117-169: Provided, That amounts so transferred shall be
derived from the unobligated balances of amounts under each such
section.
(c) Section 303 of Public Law 117-58 is amended by striking
``through 2026'' and inserting ``and 2023, and two-tenths of such
amounts made available in each of fiscal years 2024 through 2026'':
Provided, That amounts repurposed pursuant to the amendments made by
this subsection that were previously designated by the Congress as an
emergency requirement pursuant to 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 to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
Sec. 308. (a) Notwithstanding sections 161 and 167 of the Energy
Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of
Energy shall draw down and sell one million barrels of refined
petroleum product from the Strategic Petroleum Reserve during fiscal
year 2024.
(b) All proceeds from such sale shall be deposited into the general
fund of the Treasury during fiscal year 2024.
(c) Upon the completion of such sale, the Secretary shall carry out
the closure of the Northeast Gasoline Supply Reserve.
(d)(1) The Secretary of Energy may not establish any new regional
petroleum product reserve unless funding for the proposed regional
petroleum product reserve is explicitly requested in advance in an
annual budget submitted by the President pursuant to section 1105 of
title 31, United States Code, and approved by the Congress in an
appropriations Act.
(2) The budget request or notification shall include--
(A) the justification for the new reserve;
(B) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(C) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(D) the location of the reserve; and
(E) the estimate of the total inventory of the reserve.
Sec. 309. None of the funds made available by this Act may be used
to draw down and sell petroleum products from the Strategic Petroleum
Reserve (1) to any entity that is under the ownership, control, or
influence of the Chinese Communist Party; or (2) except on condition
that such petroleum products will not be exported to the People's
Republic of China.
Sec. 310. (a) None of the funds made available by this Act may be
used by the Secretary of Energy to award any grant, contract,
cooperative agreement, or loan of $10,000,000 or greater to an entity
of concern as defined in section 10114 of division B of Public Law 117-
167.
(b) The Secretary shall implement the requirements under subsection
(a) using a risk-based approach and analytical tools to aggregate,
link, analyze, and maintain information reported by an entity seeking
or receiving such funds made available by this Act.
(c) This section shall be applied in a manner consistent with the
obligations of the United States under applicable international
agreements.
(d) The Secretary shall have the authority to require the
submission to the agency, by an entity seeking or receiving such funds
made available by this Act, documentation necessary to implement the
requirements under subsection (a).
(e) Chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''), shall not apply to the implementation
of the requirements under this section.
(f) The Secretary and other Federal agencies shall coordinate to
share relevant information necessary to implement the requirements
under subsection (a).
Sec. 311. (a) Of the unobligated amounts available under the
heading ``Department of Energy--Energy Programs--Nuclear Energy'' in
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) for fiscal years 2023, 2024, 2025, and 2026 the following shall
be available, in addition to amounts otherwise made available for these
purposes:
(1)(A) $500,000,000 for not more than two competitive
awards for commercial utility deployment projects for a grid
scale Generation 3+ small modular reactor design pursuant to
section 959A of the Energy Policy Act of 2005, of which
$200,000,000 shall be available in fiscal year 2024 and
$300,000,000 shall be available in fiscal year 2025; and
(B) up to $300,000,000 for the not more than two awards
made under subparagraph (A) shall be available in fiscal year
2026.
(2) $100,000,000 for one or more competitive awards to
support design, licensing, supplier development, and site
preparation of a grid-scale Generation 3+ reactor design under
the Advanced Small Modular Reactor RD&D program.
(3)(A) $50,000,000 for university and college-based nuclear
reactor safety training as authorized by law, including section
31 of the Atomic Energy Act of 1954, section 4 of the Nuclear
Safety, Research, Demonstration, and Development Act of 1980,
and section 10745 of the Research and Development, Competition,
and Innovation Act (division B of Public Law 117-167); and
(B) up to $50,000,000 for the training under subparagraph
(A) shall be available in fiscal year 2025.
(b) Provided further, That amounts repurposed pursuant to this
section that were previously designated by the Congress as an emergency
requirement pursuant to 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 to legislation establishing fiscal
year 2024 budget enforcement in the House of Representatives.
Sec. 312. (a) Of the unobligated balances from amounts previously
appropriated under the heading ``Department of Energy--Energy
Programs--Nuclear Energy'' in division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) that were made available
for fiscal years 2022, 2023, and 2024, up to $2,720,000,000 shall be
available, in addition to amounts otherwise available, for necessary
expenses to carry out the Nuclear Fuel Security Act of 2023 (section
3131 of the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31)): Provided, That if insufficient unobligated
balances are available from such fiscal year 2022, 2023, and 2024
amounts to fund a total amount for such purpose of up to
$2,720,000,000, then up to $800,000,000 from amounts previously
appropriated under the heading ``Department of Energy--Energy
Programs--Nuclear Energy'' in division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) that are made available for
fiscal year 2025 may be made available, in addition to amounts
otherwise available, for such purpose to meet such total amount:
Provided further, That amounts repurposed pursuant to this section may
be transferred to ``Department of Energy--Energy Programs--American
Energy Independence Fund'' in either fiscal year 2024 or fiscal year
2025: Provided further, That the Secretary of Energy may use the
amounts repurposed, transferred, or otherwise made available pursuant
to this section to enter into and perform such contracts, leases,
cooperative agreements, or other similar transactions with public
agencies and private organizations and persons, as authorized by
section 646(a) of the Department of Energy Organization Act (42 U.S.C.
7256(a)), for such periods of time and subject to such terms and
conditions as the Secretary deems appropriate, without regard to
section 161(u) of the Atomic Energy Act of 1954 (42 U.S.C. 2201(u)):
Provided further, That notwithstanding 31 U.S.C. 3302, receipts from
the sale or transfer of LEU and HALEU or from any other transaction in
connection with the amounts repurposed, transferred, or otherwise made
available pursuant to this section shall hereafter be credited to the
``American Energy Independence Fund'' as discretionary offsetting
collections and shall be available, for the same purposes as funds
repurposed or transferred pursuant to this section, to the extent and
in the amounts provided in advance in appropriations Acts: Provided
further, That receipts may hereafter be collected from transactions
entered into pursuant to section 2001(a)(2)(F)(iii) of the Energy Act
of 2020 (42 U.S.C. 16281(a)(2)(F)(iii)) and, notwithstanding 31 U.S.C.
3302, receipts from any transaction entered into pursuant to section
2001(a)(2)(F)(ii) and (iii) of such Act (42 U.S.C. 16281(a)(2)(F)(ii)
and (iii)) shall hereafter be credited to the ``American Energy
Independence Fund'' as discretionary offsetting collections and shall
be available, for the same purposes as funds repurposed or transferred
pursuant to this section, to the extent and in the amounts provided in
advance in appropriations Acts: Provided further, That the Secretary
of Energy may use funds repurposed, transferred, or otherwise made
available pursuant to this section for a commitment only if the full
extent of the anticipated costs stemming from that commitment is
recorded as an obligation at the time that the commitment is made and
only to the extent that up-front obligation is recorded in full at that
time: Provided further, That amounts repurposed or transferred
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to 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 to
legislation establishing fiscal year 2024 budget enforcement in the
House of Representatives.
(b) Amounts may not be repurposed or transferred pursuant to this
section until a law is enacted or administrative action is taken to
prohibit or limit importation of LEU and HALEU from the Russian
Federation or by a Russian entity into the United States.
(c) The Nuclear Fuel Security Act of 2023 (section 3131 of the
National Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31)) is amended--
(1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as
follows--
``(i) may not make commitments under this
subsection (including cooperative agreements
(used in accordance with section 6305 of title
31, United States Code), purchase agreements,
guarantees, leases, service contracts, or any
other type of commitment) for the purchase or
other acquisition of HALEU or LEU unless funds
are specifically provided for those purposes in
advance in appropriations Acts enacted after
the date of enactment of this Act; and''.
(2) in subjection (j) to read as follows--
``(j) Reasonable Compensation.--In carrying out activities under
this section, the Secretary shall ensure that any LEU and HALEU made
available by the Secretary under 1 or more of the Programs is subject
to reasonable compensation, taking into account the fair market value
of the LEU or HALEU and the purposes of this section.''.
Sec. 313. (a) Subject to subsection (b), none of the funds made
available to the Department of Energy in this or any other Act,
including prior Acts and Acts other than appropriations Acts, may be
used to pay the salaries and expenses of any contractor detailed to a
Congressional Committee or Member Office or to the Executive Branch for
longer than a 24-month period, to perform a scope of work, or
participate in any matter, with the intent to influence decisions or
determinations regarding a Department of Energy National Laboratory, or
participate in any matter that may have a direct and predictable effect
on the contractor's employer or personal financial interest: Provided,
That with respect to contractors detailed to a Congressional Committee
or Member Office or to the Executive Branch as of the date of enactment
of this Act, the initial 24-month period described in this subsection
shall be deemed to have begun on the later of the date on which such
contractor was detailed or the date that is 12 months before the date
of enactment of this Act.
(b) For the purposes of this section, the term ``contractor'' is
defined to mean any contracted employee of a Department of Energy
National Laboratory, as defined by section 2 (3) of the Energy Policy
Act of 2005 (42 U.S.C. 15801).
Sec. 314. (a) The fifty-first proviso under the heading ``Energy
Efficiency and Renewable Energy'' in title III of division J of Public
Law 117-58 is amended by striking ``three percent'' each place it
appears and inserting ``five percent''.
(b) The eighth proviso under the heading ``Cybersecurity, Energy
Security, and Emergency Response'' in title III of division J of Public
Law 117-58 is amended by striking ``three percent'' each place it
appears and inserting ``five percent''.
(c) The tenth proviso under the heading ``Electricity'' in title
III of division J of Public Law 117-58 is amended by striking ``three
percent'' each place it appears and inserting ``five percent''.
(d) The twenty-second proviso under the heading ``Fossil Energy and
Carbon Management'' in title III of division J of Public Law 117-58 is
amended by striking ``three percent'' each place it appears and
inserting ``five percent''.
(e) The twenty-sixth proviso under the heading ``Office of Clean
Energy Demonstrations'' in title III of division J of Public Law 117-58
is amended by striking ``three percent'' each place it appears and
inserting ``five percent''.
(f) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to 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 to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, and for
expenses necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$200,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $42,000,000, to
remain available until September 30, 2025, of which not to exceed
$1,000 shall be available for official reception and representation
expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $31,100,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $17,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That notwithstanding
the limitations contained in section 307(c) of the Denali Commission
Act of 1998, as amended, funds shall be available for construction
projects for which the Denali Commission is the sole or primary funding
source in an amount not to exceed 90 percent of total project cost for
distressed communities, as defined by such section and by section 701
of appendix D, title VII, Public Law 106-113 (113 Stat. 1501A-280), and
for Indian Tribes, as defined by section 5304(e) of title 25, United
States Code, and in an amount not to exceed 50 percent for non-
distressed communities: Provided further, That notwithstanding any
other provision of law regarding payment of a non-Federal share in
connection with a grant-in-aid program, amounts under this heading
shall be available for the payment of such a non-Federal share for any
project for which the Denali Commission is not the sole or primary
funding source, provided that such project is consistent with the
purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $41,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $20,000,000, to remain available until
expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended.
Great Lakes Authority
For expenses necessary for the Great Lakes Authority in carrying
out activities authorized by subtitle V of title 40, United States
Code, $5,000,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $928,317,580, including official representation expenses
not to exceed $30,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $10,350,720 may
be made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2025:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $794,341,580
in fiscal year 2024 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2024 so as to result in a final fiscal year 2024
appropriation estimated at not more than $133,976,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$15,769,000, to remain available until September 30, 2025: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $12,655,000 in fiscal year 2024
shall be retained and be available until September 30, 2025, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2024 so as to result in a final fiscal year
2024 appropriation estimated at not more than $3,114,000: Provided
further, That of the amounts appropriated under this heading,
$1,520,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $4,064,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2025.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. (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. 504. None of the funds appropriated or otherwise made
available by this Act may be used to admit any non-US citizen from
Russia or China to any nuclear weapons production facility, as such
term is defined in section 4002 of the Atomic Energy Defense Act, other
than areas accessible to the general public, unless 30 days prior to
facility admittance, the Department of Energy provides notification to
the Committees on Appropriations and Armed Services of both Houses of
Congress.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2024''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,294,916,000, to remain available until September 30, 2025; of which
$55,000,000 for annual maintenance and deferred maintenance programs
and $141,972,000 for the wild horse and burro program, as authorized by
Public Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available
until expended: Provided, That amounts in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureau-related
expenses associated with the processing of oil and gas applications for
permits to drill and related use of authorizations: Provided further,
That of the amounts made available under this heading, up to $1,000,000
may be made available for the purposes described in section
122(e)(1)(A) of division G of Public Law 115-31 (43 U.S.C.
1748c(e)(1)(A)): Provided further, That of the amounts made available
under this heading, not to exceed $15,000 may be for official reception
and representation expenses: Provided further, That of the amounts
made available under this heading, $150,000 is for projects specified
for Land Management Priorities in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2024, so as to result in a final appropriation estimated at
not more than $1,294,916,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$115,521,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the Interior to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of
a resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements, and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,520,273,000, to remain
available until September 30, 2025, of which not to exceed $15,000 may
be for official reception and representation expenses: Provided, That
not to exceed $22,000,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other steps to
implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii) of such section): Provided further, That of the amount
appropriated under this heading, $44,920,000, to remain available until
September 30, 2026, shall be for projects specified for Stewardship
Priorities in the table titled ``Interior and Environment Incorporation
of Community Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That amounts in the preceding
proviso may be transferred to the appropriate program, project, or
activity under this heading and shall continue to only be available for
the purposes and in such amounts as such funds were originally
appropriated.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$19,280,000, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $23,000,000, to remain available
until expended, to be derived from the Cooperative Endangered Species
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$49,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $20,500,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $72,384,000, to remain available
until expended: Provided, That of the amount provided herein,
$6,100,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,284,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $13,384,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary of the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio to which
the land area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such
States: Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or more than
5 percent of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall not
exceed 65 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not be derived
from Federal grant programs: Provided further, That any amount
apportioned in 2024 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2025, shall be reapportioned,
together with funds appropriated in 2026, in the manner provided
herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed one dollar for each option; facilities incident to such
public recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,888,424,000, of which $11,661,000 for planning and
interagency coordination in support of Everglades restoration and
$110,980,000 for maintenance, repair, or rehabilitation projects for
constructed assets and $188,184,000 for cyclic maintenance projects for
constructed assets and cultural resources and $10,000,000 for uses
authorized by section 101122 of title 54, United States Code shall
remain available until September 30, 2025, and not to exceed $15,000
may be for official reception and representative expenses: Provided,
That funds appropriated under this heading in this Act are available
for the purposes of section 5 of Public Law 95-348: Provided further,
That notwithstanding section 9 of the 400 Years of African-American
History Commission Act (36 U.S.C. note prec. 101; Public Law 115-102),
$3,300,000 of the funds provided under this heading shall be made
available for the purposes specified by that Act: Provided further,
That sections 7(b) and 8 of that Act shall be amended by striking
``July 1, 2024'' and inserting ``July 1, 2025''.
In addition, for purposes described in section 2404 of Public Law
116-9, an amount equal to the amount deposited in this fiscal year into
the National Park Medical Services Fund established pursuant to such
section of such Act, to remain available until expended, shall be
derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $91,233,000, to
remain available until September 30, 2025, of which $1,640,000 shall be
for projects specified for Statutory and Contractual Aid in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $188,666,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2025, of which $25,500,000
shall be for Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $1,250,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary; $24,000,000 is for competitive grants to preserve the
sites and stories of the African American Civil Rights movement;
$5,000,000 is for competitive grants to preserve sites related to the
struggle of all people to achieve equal rights in America; $11,000,000
is for grants to Historically Black Colleges and Universities;
$12,500,000 is for competitive grants for the restoration of historic
properties of national, State, and local significance listed on or
eligible for inclusion on the National Register of Historic Places, to
be made without imposing the usage or direct grant restrictions of
section 101(e)(3) (54 U.S.C. 302904) of the National Historic
Preservation Act; $7,000,000 is for a competitive grant program to
honor the semiquincentennial anniversary of the United States by
restoring and preserving sites and structures listed on the National
Register of Historic Places that commemorate the founding of the
nation; and $19,766,000 is for projects specified for the Historic
Preservation Fund in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That such competitive grants
shall be made without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and Indian
tribes as defined in chapter 3003 of such title, Native Hawaiian
organizations, local governments, including Certified Local
Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and related equipment, and compliance and planning for
programs and areas administered by the National Park Service,
$172,255,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, for any project initially
funded in fiscal year 2024 with a future phase indicated in the
National Park Service 5-Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for the cost
of adjustments and changes within the original scope of effort for
projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges
authorized by this section.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $12,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer and rescissions of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
Of the unobligated balances from amounts made available for fiscal
year 2021 or prior fiscal years under the heading ``National Park
Service--Construction'', $18,500,000 is permanently rescinded:
Provided, That no amounts may be rescinded 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.
Of the unobligated balances from amounts made available under the
heading ``National Park Service--Construction'' in division G of the
Consolidated Appropriations Act, 2023 (Public Law 117-328), $9,000,000
is permanently rescinded from amounts made available for equipment
replacement under such heading, as specified in the explanatory
statement described in section 4 of the matter preceding division A of
such Act.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,455,434,000,
to remain available until September 30, 2025; of which $95,334,000
shall remain available until expended for satellite operations; and of
which $74,840,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities: Provided further, That of the amount
appropriated under this heading, $5,237,000 shall be for projects
specified for Special Initiatives in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
amounts in the preceding proviso may be transferred to the appropriate
program, project, or activity under this heading and shall continue to
only be available for the purposes and in such amounts as such funds
were originally appropriated: Provided further, That of the amount
appropriated under this heading, not to exceed $15,000 may be for
official reception and representation expenses.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements (including noncompetitive
cooperative agreements with tribes) as defined in section 6302 of title
31, United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative agreements
directly with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who shall be
considered employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and work
injuries, and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal employees for
any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$211,162,000, of which $155,162,000 is to remain available until
September 30, 2025, and of which $56,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior and
credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2024
appropriation estimated at not more than $155,162,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That not to exceed $5,000 shall be
available for official reception and representation expenses.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $167,330,000, of which $136,450,000, including
not to exceed $3,000 for official reception and representation
expenses, is to remain available until September 30, 2025, and of which
$30,880,000 is to remain available until expended, including $2,880,000
for offshore decommissioning activities: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary of
the Interior and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted
by the Bureau of Safety and Environmental Enforcement pursuant to the
Outer Continental Shelf Lands Act, including studies, assessments,
analysis, and miscellaneous administrative activities: Provided
further, That the sum herein appropriated shall be reduced as such
collections are received during the fiscal year, so as to result in a
final fiscal year 2024 appropriation estimated at not more than
$139,330,000.
For an additional amount, $38,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2024, as provided
in this Act: Provided, That for fiscal year 2024, not less than 50
percent of the inspection fees expended by the Bureau of Safety and
Environmental Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly development,
subject to environmental safeguards, of the Outer Continental Shelf
pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of
the Oil Pollution Act of 1990, $15,099,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$116,186,000, to remain available until September 30, 2025, of which
$62,400,000 shall be available for State and tribal regulatory grants,
and of which not to exceed $5,000 may be for official reception and
representation expenses: Provided, That appropriations for the Office
of Surface Mining Reclamation and Enforcement may provide for the
travel and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2024 appropriation estimated at not more than
$116,186,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $32,546,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training: Provided
further, That of the amounts provided under this heading, not to exceed
$5,000 shall be available for official reception and representation
expenses.
In addition, $130,000,000, to remain available until expended, for
payments to States and federally recognized Indian tribes for
reclamation of abandoned mine lands and other related activities in
accordance with the terms and conditions described in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such additional amount shall be
used for economic and community development in conjunction with the
priorities described in section 403(a) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further,
That of such additional amount, $86,000,000 shall be distributed in
equal amounts to the three Appalachian States with the greatest amount
of unfunded needs to meet the priorities described in paragraphs (1)
and (2) of such section, $33,000,000 shall be distributed in equal
amounts to the three Appalachian States with the subsequent greatest
amount of unfunded needs to meet such priorities, and $11,000,000 shall
be for grants to federally recognized Indian tribes, without regard to
their status as certified or uncertified under the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for
reclamation of abandoned mine lands and other related activities in
accordance with the terms and conditions described in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) and shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided further,
That such payments shall be made to States and federally recognized
Indian tribes not later than 90 days after the date of the enactment of
this Act: Provided further, That if payments have not been made by the
date specified in the preceding proviso, the amount appropriated for
salaries and expenses under the heading ``Office of Surface Mining
Reclamation and Enforcement'' shall be reduced by $100,000 per day
until such payments have been made.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13) and the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 5301 et seq.), $1,898,550,000, to remain
available until September 30, 2025, except as otherwise provided
herein; of which not to exceed $15,000 may be for official reception
and representation expenses; of which not to exceed $78,494,000 shall
be for welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary of the Interior may exceed
such cap for welfare payments from the amounts provided herein, to
provide for disaster relief to Indian communities affected by the
disaster: Provided further, That federally recognized Indian tribes
and tribal organizations of federally recognized Indian tribes may use
their tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $69,995,000 shall remain available
until expended for housing improvement, road maintenance, land
acquisition, attorney fees, litigation support, land records
improvement, hearings and appeals, and the Navajo-Hopi Settlement
Program: Provided further, That of the amount appropriated under this
heading, $841,000 shall be for projects specified for Special
Initiatives (CDS) in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That any forestry funds
allocated to a federally recognized tribe which remain unobligated as
of September 30, 2025, may be transferred during fiscal year 2026 to an
Indian forest land assistance account established for the benefit of
the holder of the funds within the holder's trust fund account:
Provided further, That any such unobligated balances not so transferred
shall expire on September 30, 2026: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may use funds
to purchase uniforms or other identifying articles of clothing for
personnel: Provided further, That not to exceed $7,096,000 of funds
made available under this heading may, as needed, be transferred to
``Office of the Secretary--Departmental Operations'' for trust,
probate, and administrative functions: Provided further, That the
Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land
consolidation as authorized under the Indian Land Consolidation Act
Amendments of 2000 (Public Law 106-462), and the American Indian
Probate Reform Act of 2004 (Public Law 108-374), $4,000,000, to remain
available until expended: Provided, That any provision of the Indian
Land Consolidation Act Amendments of 2000 (Public Law 106-462) that
requires or otherwise relates to application of a lien shall not apply
to the acquisitions funded herein.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs and the
Bureau of Indian Education for fiscal year 2024, such sums as may be
necessary, which shall be available for obligation through September
30, 2025: Provided, That notwithstanding any other provision of law,
no amounts made available under this heading shall be available for
transfer to another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2024, such sums as
may be necessary, which shall be available for obligation through
September 30, 2025: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $133,780,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program pursuant to the
Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this appropriation may
be reimbursed from the Bureau of Trust Funds Administration
appropriation for the appropriate share of construction costs for space
expansion needed in agency offices to meet trust reform implementation:
Provided further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-322; 130
Stat. 1749): Provided further, That amounts provided under this
heading are made available for the modernization of Federal field
communication capabilities, in addition to amounts otherwise made
available for such purpose.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, and 101-618, and for implementation of other land
and water rights settlements, $976,000, to remain available until
expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $13,329,000, to
remain available until September 30, 2025, of which $2,125,000 is for
administrative expenses, as authorized by the Indian Financing Act of
1974: 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 these funds are available to
subsidize total loan principal, any part of which is to be guaranteed
or insured, not to exceed $185,707,188.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,131,617,000 to remain
available until September 30, 2025, except as otherwise provided
herein: Provided, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $833,592,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2024, and shall remain available until
September 30, 2025: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$95,822,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2024: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and engineering
services by contract; acquisition of lands, and interests in lands;
$234,725,000, to remain available until expended: Provided, That in
order to ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either
directly or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except Executive Direction and Administrative Services
funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs or the Bureau of Indian
Education, this action shall not diminish the Federal Government's
trust responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs for
such assets that are not owned by the Bureau: Provided further, That
the term ``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50 miles but
that forms part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian tribe.
Bureau of Trust Funds Administration
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$100,009,000, to remain available until expended, of which not to
exceed $17,152,000 from this or any other Act, may be available for
settlement support: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor, ``Salaries
and Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2024, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $100,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Bureau of Trust Funds Administration receives proof of ownership from a
Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least 5 years and shall not be required to generate periodic statements
of performance for the individual accounts: Provided further, That
with respect to the preceding proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfers of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $147,418,000, to remain available until September 30, 2025; of
which not to exceed $15,000 may be for official reception and
representation expenses; of which up to $1,000,000 shall be available
for workers compensation payments and unemployment compensation
payments associated with the orderly closure of the United States
Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and
resource valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource valuation
activities may, as needed, be transferred to and merged with the Bureau
of Indian Affairs ``Operation of Indian Programs'' and Bureau of Indian
Education ``Operation of Indian Education Programs'' accounts and the
Bureau of Trust Funds Administration ``Federal Trust Programs''
account: Provided further, That funds made available through contracts
or grants obligated during fiscal year 2024, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That funds provided under this heading in this Act may be
transferred to and merged with ``United States Fish and Wildlife
Service--Resource Management'' only to implement the functional
transfer of the Office of Subsistence Management to the Office of the
Secretary and maintain uninterrupted execution of ongoing subsistence
management activities.
administrative provisions
For fiscal year 2024, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $120,107,000, of
which: (1) $109,890,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $10,217,000 shall be available until
September 30, 2025, for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $97,950,000,
to remain available until September 30, 2025.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$67,000,000, to remain available until September 30, 2025.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $1,113,471,000, to remain available until expended, of
which not to exceed $10,000,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $214,450,000 is for fuels
management activities: Provided further, That of the funds provided
$10,000,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or cooperative
agreements, for fuels management activities, and for training and
monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000 between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations:
Provided further, That funds made available under this heading in this
Act and unobligated balances made available under this heading in prior
Acts, other than amounts designated by the Congress as being for an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, shall
be available, in addition to any other funds made available for such
purpose, to continue uninterrupted the Federal wildland firefighter
base salary increases provided under section 40803(d)(4)(B) of Public
Law 117-58: Provided further, That of the funds provided under this
heading, $383,657,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $350,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of Agriculture--Forest Service--Wildland Fire
Management'' and ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are transferred:
Provided further, That amounts may be transferred to the ``Wildland
Fire Management'' accounts in the Department of Agriculture or the
Department of the Interior only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That,
in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $9,661,000, to remain available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, remediate lands pursuant to section 40704 of Public
Law 117-58 (30 U.S.C. 1245), and carry out the purposes of section 349
of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$4,800,000, to remain available until expended: Provided, That such
amount shall be in addition to amounts otherwise available for such
purposes: Provided further, That amounts appropriated under this
heading are available for program management and oversight of these
activities: Provided further, That the Secretary may transfer the
funds provided under this heading in this Act to any other account in
the Department to carry out such purposes, and may expend such funds
directly, or through grants: Provided further, That these amounts are
not available to fulfill Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) obligations
agreed to in settlement or imposed by a court, whether for payment of
funds or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,715,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, data management, information technology
improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the
Department, $107,710,000, to remain available until expended:
Provided, That none of the funds appropriated in this Act or any other
Act may be used to establish reserves in the Working Capital Fund
account other than for accrued annual leave and depreciation of
equipment without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
the Secretary of the Interior may assess reasonable charges to State,
local, and tribal government employees for training services provided
by the National Indian Program Training Center, other than training
related to Public Law 93-638: Provided further, That the Secretary may
lease or otherwise provide space and related facilities, equipment, or
professional services of the National Indian Program Training Center to
State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program Training
Center: Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for
necessary expenses of the National Indian Program Training Center:
Provided further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural Resource
Revenue's collection and disbursement of royalties, fees, and other
mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase, or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$167,937,000, to remain available until September 30, 2025; of which
$69,751,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary of the Interior, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or destroyed by
fire, flood, storm, or other unavoidable causes: Provided, That no
funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for
emergencies shall have been exhausted: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland fires
on or threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oil spills; for response
and natural resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall
transfer, from any no year funds available to the Office of Surface
Mining Reclamation and Enforcement, such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further, That for
wildland fire operations, no funds shall be made available under this
authority until the Secretary determines that funds appropriated for
``wildland fire suppression'' shall be exhausted within 30 days:
Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary
of the Interior, in total amount not to exceed $500,000; purchase and
replacement of motor vehicles, including specially equipped law
enforcement vehicles; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment of dues,
when authorized by the Secretary, for library membership in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Bureau of
Trust Funds Administration and any unobligated balances from prior
appropriations Acts made under the same headings shall be available for
expenditure or transfer for Indian trust management and reform
activities. Total funding for settlement support activities shall not
exceed amounts specifically designated in this Act for such purpose.
The Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer of any
funds under this section, including the amount expended or transferred
and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2024. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
Ellis, Governors, and Liberty Islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein, including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts, or other agreements for the use of such
facilities on such terms and conditions as the Secretary may determine
reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2024, the Secretary of the Interior
shall collect a nonrefundable inspection fee, which shall be deposited
in the ``Offshore Safety and Environmental Enforcement'' account, from
the designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2024 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2024. Fees for fiscal year 2024 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2024. Fees for
fiscal year 2024 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection
(b) quarterly, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsection (c) within
30 days of the end of the month in which the inspection occurred, with
payment required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment required by the
end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2024, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department of
the Interior shall be available for obligation and expenditure not
later than 60 days after the date of enactment of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to implement an
orderly transition to separate accounts of the Bureau of Indian Affairs
and the Bureau of Indian Education, may transfer funds among and
between the successor offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines
described in this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in which the
Bureau of Safety and Environmental Enforcement or the Bureau of Ocean
Energy Management prescribes or approves any departure or use of
alternate procedure or equipment, in regards to a plan or permit, under
30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30
CFR 250.142, the head of such bureau shall post a description of such
departure or alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business days
after such issuance.
(b) The head of each bureau may exclude confidential business
information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the State
of Virginia or the District of Columbia for the purpose of the
construction of rail and other infrastructure relating to the Long
Bridge Project, the Secretary of the Interior may convey to the State
or the District of Columbia, as applicable, all right, title, and
interest of the United States in and to any portion of the
approximately 4.4 acres of National Park Service land depicted as
``Permanent Impact to NPS Land'' on the Map dated May 15, 2020, that is
identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National Park
Service land under subsection (a) shall be subject to any terms and
conditions that the Secretary may require. If such conveyed land is no
longer being used for the purposes specified in this section, the lands
or interests therein shall revert to the National Park Service after
they have been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the District of
Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project''
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L'Enfant (LE) Interlocking in Washington, DC,
which includes a bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) State.--The term ``State'' means the State of Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or Federal
regulation, federally recognized Indian tribes or authorized tribal
organizations that receive Tribally-Controlled School Grants pursuant
to Public Law 100-297 may obtain interagency motor vehicles and related
services for performance of any activities carried out under such
grants to the same extent as if they were contracting under the Indian
Self-Determination and Education Assistance Act.
appraiser pay authority
Sec. 118. For fiscal year 2024, funds made available in this or
any other Act or otherwise made available to the Department of the
Interior for the Appraisal and Valuation Services Office may be used by
the Secretary of the Interior to establish higher minimum rates of
basic pay for employees of the Department of the Interior in the
Appraiser (GS-1171) job series at grades 11 through 15 carrying out
appraisals of real property and appraisal reviews conducted in support
of the Department's realty programs at rates no greater than 15 percent
above the minimum rates of basic pay normally scheduled, and such
higher rates shall be consistent with subsections (e) through (h) of
section 5305 of title 5, United States Code.
sage-grouse
Sec. 119. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
state conservation grants
Sec. 120. For expenses necessary to carry out section 200305 of
title 54, United States Code, the National Park Service may retain up
to 7 percent of the State Conservation Grants program to provide to
States, the District of Columbia, and insular areas, as matching grants
to support state program administrative costs.
retention of concession franchise fees
Sec. 121. Section 101917(c) of title 54, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Reduction.--The Secretary may reduce the percentage
allocation otherwise applicable under paragraph (2) to a unit
or area of the National Park Service for a fiscal year if the
Secretary determines that the revenues collected at the unit or
area exceed the reasonable needs of the unit or area for which
expenditures may be made for that fiscal year. In no event may
a percentage allocation be reduced below 60 percent.''.
historic preservation fund deposits
Sec. 122. Section 303102 of title 54, United States Code, shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2023''.
decommissioning account
Sec. 123. The matter under the amended heading ``Royalty and
Offshore Minerals Management'' for the Minerals Management Service in
Public Law 101-512 (104 Stat. 1926, as amended) (43 U.S.C. 1338a) is
further amended by striking the fifth and sixth provisos in their
entirety and inserting the following: ``Provided further, That
notwithstanding section 3302 of title 31, United States Code, any
moneys hereafter received as a result of the forfeiture of a bond or
other security by an Outer Continental Shelf permittee, lessee, or
right-of-way holder that does not fulfill the requirements of its
permit, lease, or right-of-way or does not comply with the regulations
of the Secretary, or as a bankruptcy distribution or settlement
associated with such failure or noncompliance, shall be credited to a
separate account established in the Treasury for decommissioning
activities and shall be available to the Bureau of Ocean Energy
Management without further appropriation or fiscal year limitation to
cover the cost to the United States of any improvement, protection,
rehabilitation, or decommissioning work rendered necessary by the
action or inaction that led to the forfeiture or bankruptcy
distribution or settlement, to remain available until expended:
Provided further, That amounts deposited into the decommissioning
account may be allocated to the Bureau of Safety and Environmental
Enforcement for such costs: Provided further, That any moneys received
for such costs currently held in the Ocean Energy Management account
shall be transferred to the decommissioning account: Provided further,
That any portion of the moneys so credited shall be returned to the
bankruptcy estate, permittee, lessee, or right-of-way holder to the
extent that the money is in excess of the amount expended in performing
the work necessitated by the action or inaction which led to their
receipt or, if the bond or security was forfeited for failure to pay
the civil penalty, in excess of the civil penalty imposed.''.
nonrecurring expenses fund
Sec. 124. There is hereby established in the Treasury of the
United States a fund to be known as the ``Department of the Interior
Nonrecurring Expenses Fund'' (the Fund): Provided, That unobligated
balances of expired discretionary funds appropriated for this or any
succeeding fiscal year from the General Fund of the Treasury to the
Department of the Interior by this or any other Act may be transferred
(not later than the end of the fifth fiscal year after the last fiscal
year for which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts deposited
in the Fund shall be available until expended, and in addition to such
other funds as may be available for such purposes, for information and
business technology system modernization and facilities infrastructure
improvements and associated administrative expenses, including
nonrecurring maintenance, necessary for the operation of the Department
or its bureaus, subject to approval by the Office of Management and
Budget: Provided further, That amounts in the Fund may not be
obligated without written notification to and the prior approval of the
Committees on Appropriations of the House of Representatives and the
Senate in conformance with the reprogramming guidelines described in
this Act.
ebey's landing national historic reserve
Sec. 125. Section 508(f) of Public Law 95-625 (92 stat. 3509) is
amended by striking ``not to exceed $5,000,000'' and inserting
``$18,000,000''.
interior authority for operating efficiencies
Sec. 126. (a) In fiscal years 2024 and 2025, the Secretary of the
Interior may authorize and execute agreements to achieve operating
efficiencies among and between two or more component bureaus and
offices through the following activities:
(1) co-locating in offices and facilities leased or owned
by any such component and sharing related utilities and
equipment;
(2) detailing or assigning staff on a non-reimbursable
basis for up to 5 business days; and
(3) sharing staff and equipment necessary to meet mission
requirements.
(b) The authority provided by subsection (a) is to support areas of
mission alignment between and among component bureaus and offices or
where geographic proximity allows for efficiencies.
(c) Bureaus and offices entering into agreements authorized under
subsections (a)(1) and (a)(3) shall bear costs for such agreements in a
manner that reflects their approximate benefit and share of total
costs, which may or may not include indirect costs.
(d) In furtherance of the requirement in subsection (c), the
Secretary of the Interior may make transfers of funds in advance or on
a reimbursable basis.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; hire, maintenance, and operation of aircraft; and other
operating expenses in support of research and development,
$758,103,000, to remain available until September 30, 2025: Provided,
That of the funds included under this heading, $19,530,000 shall be for
Research: National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), of which $2,030,000 shall be for projects specified
for Science and Technology in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$40,000 for official reception and representation expenses,
$3,178,028,000, to remain available until September 30, 2025: Provided
further, That of the funds included under this heading--
(1) $30,700,000 shall be for Environmental Protection:
National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act);
(2) $681,726,000 shall be for Geographic Programs as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act);
and
(3) $20,000,000, to remain available until expended, shall
be for grants, including grants that may be awarded on a non-
competitive basis, interagency agreements, and associated
program support costs to establish and implement a program to
assist Alaska Native Regional Corporations, Alaskan Native
Village Corporations, federally-recognized tribes in Alaska,
Alaska Native Non-Profit Organizations and Alaska Native
Nonprofit Associations, and intertribal consortia comprised of
Alaskan tribal entities to address contamination on lands
conveyed under or pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) that were or are
contaminated at the time of conveyance and are on an inventory
of such lands developed and maintained by the Environmental
Protection Agency: Provided, That grants awarded using funds
made available in this paragraph may be used by a recipient to
supplement other funds provided by the Environmental Protection
Agency through individual media or multi-media grants or
cooperative agreements: Provided further, That of the amounts
made available in this paragraph, in addition to amounts
otherwise available for such purposes, the Environmental
Protection Agency may reserve up to $2,000,000 for salaries,
expenses, and administration of the program and for grants
related to such program that address contamination on lands
conveyed under or pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) that were or are
contaminated at the time of conveyance and are on the EPA
inventory of such lands.
In addition, $9,000,000, to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2024 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2024 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2024, so as to result in a final fiscal year 2024
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $9,000,000, those amounts in excess of $9,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2024, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$43,250,000, to remain available until September 30, 2025: Provided,
That the Office of Inspector General shall be subject to the terms,
conditions, and requirements specified under this heading in Senate
Report 118-83.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $40,676,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $537,700,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2023, and not otherwise appropriated
from the Trust Fund, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$537,700,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under this
heading, $11,328,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2025,
and $30,343,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2025.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $89,214,000, to remain available until expended, of which
$64,723,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; and $24,491,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $20,711,000, to
be derived from the Oil Spill Liability trust fund, to remain available
until expended.
State and Tribal Assistance Grants
(including rescission of funds)
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,418,938,000, to remain available until expended,
of which--
(1) $1,638,861,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$1,126,101,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452 of
the Safe Drinking Water Act: Provided, That $787,652,267 of
the funds made available for capitalization grants for the
Clean Water State Revolving Funds and $631,659,905 of the funds
made available for capitalization grants for the Drinking Water
State Revolving Funds shall be for the construction of drinking
water, wastewater, and storm water infrastructure and for water
quality protection in accordance with the terms and conditions
specified for such grants in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) for projects specified for ``STAG--
Drinking Water State Revolving Fund'' and ``STAG--Clean Water
State Revolving Fund'' in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
and, for purposes of these grants, each grantee shall
contribute not less than 20 percent of the cost of the project
unless the grantee is approved for a waiver by the Agency:
Provided further, That $13,300,000 of the funds appropriated
under this heading for capitalization grants for the Clean
Water State Revolving Funds and for capitalization grants for
the Drinking Water State Revolving Funds, in addition to
amounts otherwise available for such purposes, may be used by
the Administrator for salaries, expenses, and administration
for Community Project Funding Items/Congressionally Directed
Spending Items: Provided further, That the amounts in the
preceding proviso under this heading shall not be available for
obligation until the report, as specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) is received by
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That for
fiscal year 2024, to the extent there are sufficient eligible
project applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants shall be used by the State
for projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That for fiscal year 2024, funds
made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may, at the
discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That the Administrator is authorized to use up to $1,500,000 of
funds made available for the Clean Water State Revolving Funds
under this heading under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381) to conduct the Clean
Watersheds Needs Survey: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2024 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided
further, That for fiscal year 2024, notwithstanding the
provisions of subsections (g)(1), (h), and (l) of section 201
of the Federal Water Pollution Control Act, grants made under
title II of such Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2024, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section 518(c)
of the Federal Water Pollution Control Act may also be used to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2024, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c)
of such Act: Provided further, That for fiscal year 2024,
funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided
further, That for fiscal year 2024, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated, or $20,000,000, whichever is greater, for
State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2024, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2024,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such funds
are provided as initial financing for an eligible recipient or
to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the
State, with concurrence from the Administrator, determines that
such funds could be used to help address a threat to public
health from heightened exposure to lead in drinking water or if
a Federal or State emergency declaration has been issued due to
a threat to public health from heightened exposure to lead in a
municipal drinking water supply before the date of enactment of
this Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title to
the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients: Provided further, That notwithstanding section
1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)),
the Administrator shall reserve up to $12,000,000 of the
amounts made available for fiscal year 2024 for making
capitalization grants for the Drinking Water State Revolving
Funds to pay the costs of monitoring for unregulated
contaminants under section 1445(a)(2)(C) of such Act: Provided
further, That of the unobligated balances available in the
``State and Tribal Assistance Grants'' account appropriated
prior to fiscal year 2012 for ``special project grants'' or
``special needs infrastructure grants,'' or for the
administration, management, and oversight of such grants,
$1,500,000 are permanently rescinded: Provided further, That
no amounts may be rescinded 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: Provided further, That
the funds made available under this heading for Community
Project Funding/Congressionally Directed Spending grants in
this or prior appropriations Acts are not subject to compliance
with Federal procurement requirements for competition and
methods of procurement applicable to Federal financial
assistance, if a Community Project Funding/Congressionally
Directed Spending recipient has procured services or products
through contracts entered into prior to the date of enactment
of this legislation that complied with state and/or local laws
governing competition;
(2) $35,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $39,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that
are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $98,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1993 Small Area Income and Poverty Estimates,
the 2000 decennial census, and the most recent Small Area
Income and Poverty Estimates, or any territory or possession of
the United States;
(5) $90,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $67,800,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $28,500,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a): Provided, That for fiscal year 2024, funds
provided under subsections (a) through (j) of such section of
such Act may be used--
(A) by a State to provide assistance to benefit one
or more owners of drinking water wells that are not
public water systems or connected to a public water
system for necessary and appropriate activities related
to a contaminant pursuant to subsection (j) of such
section of such Act; and
(B) to support a community described in subsection
(c)(2) of such section of such Act;
(8) $28,000,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(9) $22,000,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(10) $6,500,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(11) $25,500,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(12) $41,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $5,400,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270);
(14) $5,000,000 shall be for carrying out section 302(a) of
the Save Our Seas 2.0 Act (33 U.S.C. 4282(a)), of which not
more than 2 percent shall be for administrative costs to carry
out such section: Provided, That notwithstanding section
302(a) of such Act, the Administrator may also provide grants
pursuant to such authority to intertribal consortia consistent
with the requirements in 40 CFR 35.504(a), to former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior), and Alaska Native Villages as defined in Public Law
92-203;
(15) $7,000,000 shall be for grants under section 103(b)(3)
of the Clean Air Act for wildfire smoke preparedness grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That not more
than 3 percent shall be for administrative costs to carry out
such section;
(16) $38,693,000 shall be for State and Tribal Assistance
Grants to be allocated in the amounts specified for those
projects and for the purposes delineated in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) for remediation, construction, and
related environmental management activities in accordance with
the terms and conditions specified for such grants in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(17) $2,250,000 shall be for grants under section 1459F of
the Safe Drinking Water Act (42 U.S.C. 300j-19g);
(18) $4,000,000 shall be for carrying out section 2001 of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270, 42 U.S.C. 300j-3c note): Provided, That the Administrator
may award grants to and enter into contracts with tribes,
intertribal consortia, public or private agencies,
institutions, organizations, and individuals, without regard to
section 3324(a) and (b) of title 31 and section 6101 of title
41, United States Code, and enter into interagency agreements
as appropriate;
(19) $2,000,000 shall be for grants under section 50217(b)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(b); Public Law 117-58);
(20) $3,500,000 shall be for grants under section 124 of
the Federal Water Pollution Control Act (33 U.S.C. 1276); and
(21) $1,106,333,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement, and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, and under
section 2301 of the Water and Waste Act of 2016 to assist
States in developing and implementing programs for control of
coal combustion residuals, of which: $46,250,000 shall be for
carrying out section 128 of CERCLA; $9,500,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,475,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $18,512,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to
State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $64,634,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects
described in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing authorities,
as authorized by section 5033(e) of such Act: Provided further, That
the use of direct loans or loan guarantee authority under this heading
for direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso
under the heading ``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That none of the direct
loans or loan guarantee authority made available under this heading
shall be available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced in the
previous proviso: Provided further, That, for the purposes of carrying
out the Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a project
identified in a Letter of Interest submitted to the Administrator
pursuant to a Notice of Funding Availability for applications for
credit assistance under the Water Infrastructure Finance and Innovation
Act Program, including with respect to a project that was initiated or
completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $7,640,000, to
remain available until September 30, 2025.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2024, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w-8), to remain available until
expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2024.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section 3024
of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2024,
to remain available until expended.
The Administrator is authorized to transfer up to $368,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $300,000 per
project.
For fiscal year 2024, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2024 to provide grants to implement the Southeast New England
Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $2,500,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
For fiscal year 2024, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated under
the headings ``Environmental Programs and Management'' and ``Science
and Technology'', contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent personal services of students or
recent graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purpose: Provided,
That amounts used for this purpose by the Office of Chemical Safety and
Pollution Prevention and the Office of Water collectively may not
exceed $2,000,000.
The Environmental Protection agency shall provide the Committees on
Appropriations of the House of Representatives and Senate with copies
of any available Department of Treasury quarterly certification of
trust fund receipts collected from section 13601 of Public Law 117-169
and section 80201 of Public Law 117-58, an annual operating plan for
such receipts showing amounts allocated by program area and program
project, and quarterly reports for such receipts of obligated balances
by program area and program project.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $1,000,000: Provided, That funds
made available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,150,000,000, to remain available through September 30,
2027: Provided, That a portion of the funds made available under this
heading shall be for the base salary and expenses of employees in the
Chief's Office, the Work Environment and Performance Office, the
Business Operations Deputy Area, and the Chief Financial Officer's
Office to carry out administrative and general management support
functions: Provided further, That funds provided under this heading
shall be available for the costs of facility maintenance, repairs, and
leases for buildings and sites where these administrative, general
management and other Forest Service support functions take place; the
costs of all utility and telecommunication expenses of the Forest
Service, as well as business services; and, for information technology,
including cybersecurity requirements: Provided further, That funds
provided under this heading may be used for necessary expenses to carry
out administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $300,000,000, to remain available through September
30, 2027: Provided, That of the funds provided, $31,500,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state, private, and tribal forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, tribes,
and others, and for forest health management, including for invasive
plants, and conducting an international program and trade compliance
activities as authorized, $303,306,000, to remain available through
September 30, 2027, as authorized by law, of which $19,806,000 shall be
for projects specified for Forest Resource Information and Analysis in
the table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,863,557,000, to remain available through
September 30, 2027: Provided, That of the funds provided, $31,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That for the funds provided in the
preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by
substituting ``20'' for ``10'' and section 4003(d)(3)(B) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be
applied by substituting ``4'' for ``2'': Provided further, That of the
funds provided, $39,000,000 shall be for forest products: Provided
further, That of the funds provided, $175,450,000 shall be for
hazardous fuels management activities, of which not to exceed
$30,000,000 may be used to make grants, using any authorities available
to the Forest Service under the ``State, Private, and Tribal Forestry''
appropriation, for the purpose of creating incentives for increased use
of biomass from National Forest System lands: Provided further, That
$20,000,000 may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue grants for
hazardous fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on Federal
land, or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ``State, Private, and Tribal Forestry''
appropriation: Provided further, That notwithstanding section 33 of
the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of
Agriculture, in calculating a fee for grazing on a National Grassland,
may provide a credit of up to 50 percent of the calculated fee to a
Grazing Association or direct permittee for a conservation practice
approved by the Secretary in advance of the fiscal year in which the
cost of the conservation practice is incurred, and that the amount
credited shall remain available to the Grazing Association or the
direct permittee, as appropriate, in the fiscal year in which the
credit is made and each fiscal year thereafter for use on the project
for conservation practices approved by the Secretary: Provided
further, That funds appropriated to this account shall be available for
the base salary and expenses of employees that carry out the functions
funded by the ``Capital Improvement and Maintenance'' account, the
``Range Betterment Fund'' account, and the ``Management of National
Forest Lands for Subsistence Uses'' account.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $156,130,000, to remain available through September 30,
2027, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; for
construction, reconstruction, and decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system; and for maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That $6,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): Provided further, That $5,130,000
shall be for projects specified for Construction Projects in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That funds becoming available in fiscal year 2024 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2027, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, Public Law
76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2027, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2027, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$1,099,000, to remain available through September 30, 2027.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,312,654,000, to remain available
until expended: Provided, That such funds, including unobligated
balances under this heading, are available for repayment of advances
from other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds appropriated in
a previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account: Provided
further, That such funds shall be available to reimburse State and
other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That funds made available under this
heading in this Act and unobligated balances made available under this
heading in prior Acts, other than amounts designated by the Congress as
being for an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985, shall be available, in addition to any other funds made
available for such purpose, to continue uninterrupted the Federal
wildland firefighter base salary increases provided under section
40803(d)(4)(B) of Public Law 117-58: Provided further, That of the
funds provided under this heading, $1,011,000,000 shall be available
for wildfire suppression operations, and is provided to meet the terms
of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $2,300,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' and ``Department of Agriculture--Forest
Service--Wildland Fire Management'' for wildfire suppression operations
in the fiscal year in which such amounts are transferred: Provided
further, That amounts may be transferred to the ``Wildland Fire
Management'' accounts in the Department of the Interior or the
Department of Agriculture only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That,
in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115-
334), shall be deposited in the special account established by section
8705(f)(1) of such Act, shall be available to cover the costs described
in subsection (c)(3) of such section of such Act, and shall remain
available until expended: Provided, That such amounts shall be
transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided,
That any transfer of funds pursuant to this paragraph shall not
increase or decrease the funds appropriated to any account in this
fiscal year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland Fire
Management'' will be obligated within 30 days: Provided, That all
funds used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water: Provided, That such
transferred funds shall remain available through September 30, 2027:
Provided further, That none of the funds transferred pursuant to this
paragraph shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
government, private sector, and international organizations: Provided,
That the Forest Service, acting for the International Program, may sign
direct funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the Millennium
Challenge Corporation), United States private sector firms,
institutions and organizations to provide technical assistance and
training programs on forestry and rangeland management: Provided
further, That to maximize effectiveness of domestic and international
research and cooperation, the International Program may utilize all
authorities related to forestry, research, and cooperative assistance
regardless of program designations.
Funds appropriated to the Forest Service shall be available to
enter into a cooperative agreement with the section 509(a)(3)
Supporting Organization, ``Forest Service International Foundation'' to
assist the Foundation in meeting administrative, project, and other
expenses, and may provide for the Foundation's use of Forest Service
personnel and facilities.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges: Provided, That nothing in this paragraph shall prohibit or
limit the use of reimbursable agreements requested by the Forest
Service in order to obtain information technology services, including
telecommunications and system modifications or enhancements, from the
Working Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Any amounts made available to the Forest Service in this fiscal
year, including available collections, may be used by the Secretary of
Agriculture, acting through the Chief of the Forest Service, to enter
into Federal financial assistance grants and cooperative agreements to
support forest or grassland collaboratives in the accomplishment of
activities benefitting both the public and the National Forest System,
Federal lands and adjacent non-Federal lands. Eligible activities are
those that will improve or enhance Federal investments, resources, or
lands, including for collaborative and collaboration-based activities,
including but not limited to facilitation, planning, and implementing
projects, technical assistance, administrative functions, operational
support, participant costs, and other capacity support needs, as
identified by the Forest Service. Eligible recipients are Indian tribal
entities (defined at 25 U.S.C. 5304(e)), state government, local
governments, private and nonprofit entities, for-profit organizations,
and educational institutions. The Secretary of Agriculture, acting
through the Chief of the Forest Service, may enter into such
cooperative agreements notwithstanding chapter 63 of title 31 when the
Secretary determines that the public interest will be benefited and
that there exists a mutual interest other than monetary considerations.
Transactions subject to Title 2 of the Code of Federal Regulations
shall be publicly advertised and require competition when required by
such Title 2. For those transactions not subject to Title 2 of the Code
of Federal Regulations, the agency may require public advertising and
competition when deemed appropriate. The term ``forest and grassland
collaboratives'' means groups of individuals or entities with diverse
interests participating in a cooperative process to share knowledge,
ideas, and resources about the protection, restoration, or enhancement
of natural and other resources on Federal and adjacent non-Federal
lands, the improvement or maintenance of public access to Federal
lands, or the reduction of risk to such lands caused by natural
disasters.
The 19th unnumbered paragraph under the heading ``Administrative
Provisions, Forest Service'' in title III of Public Law 109-54, as
amended, shall be further amended by striking ``For each fiscal year
through 2009'' and inserting ``For this fiscal year and each fiscal
year thereafter'' and adding at the end the following new sentence:
``Congress hereby ratifies and approves payments by the Forest Service
made in accordance with this paragraph to agency employees stationed in
Puerto Rico after August 2, 2005.''.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil litigation:
Provided, That future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
The Forest Service may employ or contract with an individual who is
enrolled in a training program at a longstanding Civilian Conservation
Center (as defined in section 147(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3197(d))) at regular rates of pay for
necessary hours of work on National Forest System lands.
Funds appropriated to the Forest Service shall be available to pay,
from a single account, the base salary and expenses of employees who
carry out functions funded by other accounts for Enterprise Program,
Geospatial Technology and Applications Center, remnant Natural Resource
Manager, Job Corps, and National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$56,061,000, to remain available until September 30, 2025, except as
otherwise provided herein, which shall be in addition to funds
previously appropriated under this heading that became available on
October 1, 2023; in addition, $264,702,000, to remain available until
September 30, 2025, for the Electronic Health Record System and the
Indian Healthcare Improvement Fund, of which $74,138,000 is for the
Indian Health Care Improvement Fund and may be used, as needed, to
carry out activities typically funded under the Indian Health
Facilities account; and, in addition, $4,684,029,000, which shall
become available on October 1, 2024, and remain available through
September 30, 2026, except as otherwise provided herein; together with
payments received during the fiscal year pursuant to sections 231(b)
and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b),
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That from the amounts that become
available on October 1, 2024, $2,500,000 shall be available for grants
or contracts with public or private institutions to provide alcohol or
drug treatment services to Indians, including alcohol detoxification
services: Provided further, That from the amounts that become
available on October 1, 2024, $996,755,000 shall remain available until
expended for Purchased/Referred Care: Provided further, That of the
total amount specified in the preceding proviso for Purchased/Referred
Care, $54,000,000 shall be for the Indian Catastrophic Health Emergency
Fund: Provided further, That from the amounts that become available on
October 1, 2024, up to $51,000,000 shall remain available until
expended for implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided further, That
from the amounts that become available on October 1, 2024, $58,000,000,
to remain available until expended, shall be for costs related to or
resulting from accreditation emergencies, including supplementing
activities funded under the heading ``Indian Health Facilities'', of
which up to $4,000,000 may be used to supplement amounts otherwise
available for Purchased/Referred Care: Provided further, That the
amounts collected by the Federal Government as authorized by sections
104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a
and 1616a) during the preceding fiscal year for breach of contracts
shall be deposited in the Fund authorized by section 108A of that Act
(25 U.S.C. 1616a-1) and shall remain available until expended and,
notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-1(c)),
funds shall be available to make new awards under the loan repayment
and scholarship programs under sections 104 and 108 of that Act (25
U.S.C. 1613a and 1616a): Provided further, That the amounts made
available within this account for the Substance Abuse and Suicide
Prevention Program, for Opioid Prevention, Treatment and Recovery
Services, for the Domestic Violence Prevention Program, for the Zero
Suicide Initiative, for the housing subsidy authority for civilian
employees, for Aftercare Pilot Programs at Youth Regional Treatment
Centers, for transformation and modernization costs of the Indian
Health Service Electronic Health Record system, for national quality
and oversight activities, to improve collections from public and
private insurance at Indian Health Service and tribally operated
facilities, for an initiative to treat or reduce the transmission of
HIV and HCV, for a maternal health initiative, for the Telebehaviorial
Health Center of Excellence, for Alzheimer's activities, for Village
Built Clinics, for a produce prescription pilot, and for accreditation
emergencies shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for
annual contracts and grants that fall within 2 fiscal years, provided
the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended: Provided further, That amounts received by tribes and
tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to
the receiving tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from the Indian
Health Service, and from tribes and tribal organizations operating
health facilities pursuant to Public Law 93-638, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That none of the funds provided that become available
on October 1, 2024, may be used for implementation of the Electronic
Health Record System or the Indian Health Care Improvement Fund:
Provided further, That none of the funds appropriated by this Act, or
any other Act, to the Indian Health Service for the Electronic Health
Record system shall be available for obligation or expenditure for the
selection or implementation of a new Information Technology
infrastructure system, unless the Committees on Appropriations of the
House of Representatives and the Senate are consulted 90 days in
advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2024, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account: Provided further, That amounts obligated but not expended by
a tribe or tribal organization for contract support costs for such
agreements for the current fiscal year shall be applied to contract
support costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2024, such sums as
may be necessary, which shall be available for obligation through
September 30, 2025: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications, and
drawings; acquisition of sites, purchase and erection of modular
buildings, and purchases of trailers; and for provision of domestic and
community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and
facilities support activities of the Indian Health Service, $5,364,000,
to remain available until expended, which shall be in addition to funds
previously appropriated under this heading that became available on
October 1, 2023; in addition, $306,329,000, to remain available until
expended, for Sanitation Facilities Construction and Health Care
Facilities Construction; and, in addition, $506,854,000, which shall
become available on October 1, 2024, and remain available until
expended: Provided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction, renovation,
or expansion of health facilities for the benefit of an Indian tribe or
tribes may be used to purchase land on which such facilities will be
located: Provided further, That not to exceed $500,000 may be used for
fiscal year 2025 by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That none of
the funds provided that become available on October 1, 2024, may be
used for Health Care Facilities Construction or for Sanitation
Facilities Construction: Provided further, That of the amount
appropriated under this heading for fiscal year 2024 for Sanitation
Facilities Construction, $17,023,000 shall be for projects specified
for Sanitation Facilities Construction (CDS) in the table titled
``Interior and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That none of the funds appropriated to the Indian Health
Service may be used for sanitation facilities construction for new
homes funded with grants by the housing programs of the United States
Department of Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation, and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms, or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless such assessments
or charges are identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 5301 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement
under title V of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities
on a reimbursable basis, including payments in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account from which the funds were originally derived,
with such amounts to remain available until expended: Provided
further, That reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain total
costs, including direct, administrative, and overhead costs associated
with the provision of goods, services, or technical assistance:
Provided further, That the Indian Health Service may provide to
civilian medical personnel serving in hospitals operated by the Indian
Health Service housing allowances equivalent to those that would be
provided to members of the Commissioned Corps of the United States
Public Health Service serving in similar positions at such hospitals:
Provided further, That the appropriation structure for the Indian
Health Service may not be altered without advance notification to the
House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $79,714,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $81,619,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2024, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $4,629,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$14,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $5,024,000, to remain
available until expended, which shall be derived from unobligated
balances from prior year appropriations available under this heading:
Provided, That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further, That no
relocatee will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $13,482,000, which shall
become available on July 1, 2024, and shall remain available until
September 30, 2025.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $892,855,000, to remain available until September 30, 2025,
except as otherwise provided herein; of which not to exceed $28,000,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, Smithsonian American Women's History Museum, National
Museum of the American Latino, and the repatriation of skeletal remains
program shall remain available until expended; and including such funds
as may be necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That the Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments, as rent payable to
the Smithsonian Institution, and such rent payments may be deposited
into the general trust funds of the Institution to be available as
trust funds for expenses associated with the purchase of a portion of
the building at 600 Maryland Avenue, SW, Washington, DC, to the extent
that federally supported activities will be housed there: Provided
further, That the use of such amounts in the general trust funds of the
Institution for such purpose shall not be construed as Federal debt
service for, a Federal guarantee of, a transfer of risk to, or an
obligation of the Federal Government: Provided further, That no
appropriated funds may be used directly to service debt which is
incurred to finance the costs of acquiring a portion of the building at
600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and
constructing improvements to such building: Provided further, That any
agreement entered into by the Smithsonian Institution for the sale of
its ownership interest, or any portion thereof, in such building so
acquired may not take effect until the expiration of a 30 day period
which begins on the date on which the Secretary of the Smithsonian
submits to the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House Administration and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Rules and Administration of the Senate a report, as
outlined in the explanatory statement described in section 4 of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $197,645,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, 76th Congress), including services as authorized
by 5 U.S.C. 3109; payment in advance when authorized by the treasurer
of the Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to members
only, or to members at a price lower than to the general public;
purchase, repair, and cleaning of uniforms for guards, and uniforms, or
allowances therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $174,760,000,
to remain available until September 30, 2025, of which not to exceed
$3,875,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as
authorized, $34,480,000, to remain available until expended: Provided,
That of this amount, $24,574,000 shall be available for design and
construction of an off-site art storage facility in partnership with
the Smithsonian Institution and may be transferred to the Smithsonian
Institution for such purposes: Provided further, That contracts
awarded for environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and security
of the John F. Kennedy Center for the Performing Arts, including rent
of temporary office space in the District of Columbia during
renovations of such Center, $32,293,000, to remain available until
September 30, 2025.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $12,633,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$15,000,000, to remain available until September 30, 2025.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $207,000,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $207,000,000, to remain available
until expended, of which $192,000,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $15,000,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $13,000,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,661,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000: Provided, That the item relating to
``National Capital Arts and Cultural Affairs'' in the Department of the
Interior and Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be
applied in fiscal year 2024 in the second paragraph by inserting ``,
calendar year 2020 excluded'' before the first period: Provided
further, That in determining an eligible organization's annual income
for calendar years 2021, 2022, and 2023, funds or grants received by
the eligible organization from any supplemental appropriations made
available in 2020 and 2021 in connection with the public health
emergency declared by the Secretary of Health and Human Services on
January 31, 2020 (including renewals thereof) shall be counted as part
of the eligible organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,585,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $65,231,000, of which
$1,000,000 shall remain available until September 30, 2026, for the
Museum's equipment replacement program; and of which $4,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $90,000,000.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States Semiquincentennial
Commission to plan and coordinate observances and activities associated
with the 250th anniversary of the founding of the United States, as
authorized by Public Law 116-282, the technical amendments to Public
Law 114-196, $15,000,000, to remain available until September 30, 2025.
TITLE IV
GENERAL PROVISIONS
(including transfers and rescissions of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves, or holdbacks, including working capital fund
charges, from programs, projects, activities and subactivities to
support government-wide, departmental, agency, or bureau administrative
functions or headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations of the House of Representatives and
the Senate. Changes to such estimates shall be presented to the
Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned: (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2025, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2024.
contract support costs, fiscal year 2024 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2024 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2024
with the Bureau of Indian Affairs, Bureau of Indian Education, and the
Indian Health Service: Provided, That such amounts provided by this
Act are not available for payment of claims for contract support costs
for prior years, or for repayments of payments for settlements or
judgments awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 5301 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 5304(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity within 60 days of enactment of this
Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2024.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by the
Bureau of Land Management, or the Secretary of Agriculture, with
respect to land administered by the Forest Service (referred to in this
section as the ``Secretary concerned''), may transfer excess wild
horses and burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local government
agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection
(a) immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro
for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary
concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
note) shall be applied by substituting ``September 30, 2024'' for
``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding section 121(c) of title 40, United States Code, or
section 521 of title 40, United States Code, the Secretary is further
authorized to transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the functions of
the Department's wildland fire management program to such
organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
2025'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in this
and prior fiscal years, may be reprogrammed without the advance
approval of the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74 shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161 (121
Stat 1844), as amended, shall be applied by substituting ``fiscal year
2024'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting ``September 30,
2024'' for ``September 30, 2019''.
forest botanical products fee collection authorization extension
Sec. 426. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law by
Public Law 106-113; 16 U.S.C. 528 note), as amended by section 335(6)
of Public Law 108-108 and section 432 of Public Law 113-76, shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2019''.
chaco canyon
Sec. 427. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq., or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 in the matter preceding division A of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
tribal leases
Sec. 428. (a) Notwithstanding any other provision of law, in the
case of any lease under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease
term shall commence no earlier than the date of receipt of the lease
proposal.
(b) The Secretaries of the Interior and Health and Human Services
shall, jointly or separately, during fiscal year 2024 consult with
tribes and tribal organizations through public solicitation and other
means regarding the requirements for leases under section 105(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)) on how to implement a consistent and transparent process for
the payment of such leases.
forest ecosystem health and recovery fund
Sec. 429. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law 111-88,
as amended by section 117 of division F of Public Law 113-235, shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2020''
each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 430. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available from
the National Parks and Public Land Legacy Restoration Fund for fiscal
year 2024 pursuant to subsection (c) of section 200402 of title 54,
United States Code, and as provided in subsection (e) of such section
of such title, to the agencies of the Department of the Interior and
the Department of Agriculture specified, in the amounts specified, for
the stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds:
National Parks and Public Land Legacy Restoration Fund Fiscal Year
2024'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture, as appropriate, shall
allocate amounts made available for expenditure from the Land and Water
Conservation Fund for fiscal year 2024 pursuant to subsection (a) of
section 200303 of title 54, United States Code, to the agencies and
accounts specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of Funds: Land
and Water Conservation Fund Fiscal Year 2024'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section,
neither the President nor his designee may allocate any amounts that
are made available for any fiscal year under subsection (c) of section
200402 of title 54, United States Code, or subsection (a) of section
200303 of title 54, United States Code, other than in amounts and for
projects and activities that are allocated by subsections (a)(1) and
(a)(2) of this section: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation of amounts for
continuing administration of programs allocated funds from the National
Parks and Public Land Legacy Restoration Fund or the Land and Water
Conservation Fund, which may be allocated only in amounts that are no
more than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture
may reallocate amounts from each agency's ``Contingency Fund'' line in
the table titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2024'' to any project funded by the
National Parks and Public Land Legacy Restoration Fund within the same
agency, from any fiscal year, that experienced a funding deficiency due
to unforeseen cost overruns, in accordance with the following
requirements:
(1) ``Contingency Fund'' amounts may only be reallocated if
there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ``Contingency Fund'' amounts may only be reallocated
for cost of adjustments and changes within the original scope
of effort for projects funded by the National Parks and Public
Land Legacy Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the Committees
on Appropriations 30 days before taking any actions authorized
by this subsection if the amount reallocated from the
``Contingency Fund'' line for a project is projected to be 10
percent or greater than the following, as applicable:
(A) The amount allocated to that project in the
table titled ``Allocation of Funds: National Parks and
Public Land Legacy Restoration Fund Fiscal Year 2024''
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act); or
(B) The initial estimate in the most recent report
submitted, prior to enactment of this Act, to the
Committees on Appropriations pursuant to section 431(e)
of division G of the Consolidated Appropriations Act,
2023 (Public Law 117-328).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate project
data sheets for the projects in the ``Submission of Annual List of
Projects to Congress'' required by section 200402(h) of title 54,
United States Code: Provided, That the ``Submission of Annual List of
Projects to Congress'' must include a ``Contingency Fund'' line for
each agency within the allocations defined in subsection (e) of section
200402 of title 54, United States Code: Provided further, That in the
event amounts allocated by this Act or any prior Act for the National
Parks and Public Land Legacy Restoration Fund are no longer needed to
complete a specified project, such amounts may be reallocated in such
submission to that agency's ``Contingency Fund'' line: Provided
further, That any proposals to change the scope of or terminate a
previously approved project must be clearly identified in such
submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate a list of
supplementary allocations for Federal land acquisition and Forest
Legacy Projects at the National Park Service, the U.S. Fish and
Wildlife Service, the Bureau of Land Management, and the U.S. Forest
Service that are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States Code, that
are prioritized and detailed by account, program, and project, and that
total no less than half the full amount allocated to each account for
that land management Agency under the allocations submitted under
section 200303(c)(1) of title 54, United States Code: Provided, That
in the event amounts allocated by this Act or any prior Act pursuant to
subsection (a) of section 200303 of title 54, United States Code are no
longer needed because a project has been completed or can no longer be
executed, such amounts must be clearly identified if proposed for
reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects in the
``Submission of Cost Estimates'' required by section 200303(c)(1) of
title 54, United States Code, and on the list of supplementary
allocations required by subparagraph (A) shall be comprised only of
projects for which a willing seller has been identified and for which
an appraisal or market research has been initiated.
(C) Concurrent with the annual budget submission of the President
for fiscal year 2025, the Secretary of the Interior and the Secretary
of Agriculture shall each submit to the Committees on Appropriations of
the House of Representatives and the Senate project data sheets in the
same format and containing the same level of detailed information that
is found on such sheets in the Budget Justifications annually submitted
by the Department of the Interior with the President's Budget for the
projects in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and in the same format
and containing the same level of detailed information that is found on
such sheets submitted to the Committees pursuant to section 427 of
division D of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) for the list of supplementary allocations required by
subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the House
of Representatives and Senate quarterly reports on the status of
balances of projects and activities funded by the National Parks and
Public Land Legacy Restoration Fund for amounts allocated pursuant to
subsection (a)(1) of this section and the status of balances of
projects and activities funded by the Land and Water Conservation Fund
for amounts allocated pursuant to subsection (a)(2) of this section,
including all uncommitted, committed, and unobligated funds, and, for
amounts allocated pursuant to subsection (a)(1) of this section,
National Parks and Public Land Legacy Restoration Fund amounts
reallocated pursuant to subsection (c) of this section.
policies relating to biomass energy
Sec. 431. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments
and agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use;
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
small remote incinerators
Sec. 432. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
timber sale requirements
Sec. 433. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 434. Funds made available or allocated in this Act to the
Department of the Interior or the Department of Agriculture that are
subject to the allocations and limitations in 54 U.S.C. 200402(e) and
prohibitions in 54 U.S.C. 200402(f) may be further allocated or
reallocated to the Federal Highway Administration for transportation
projects of the covered agencies defined in 54 U.S.C. 200401(2).
prohibition on use of funds
Sec. 435. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 436. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 437. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
firefighter pay cap
Sec. 438. Section 1701 of division B of the Extending Government
Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note),
as amended by Public Law 117-103, is further amended--
(1) in subsection (a)(1), by striking the last sentence and
inserting ``Any Services during a given calendar year that
generate payments payable in the subsequent calendar year shall
be disregarded in applying this subsection''; and
(2) in subsections (a), (b), and (c) by inserting ``or
2024'' after ``or 2023'' each place it appears.
technical correction
Sec. 439. In the table entitled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' in the explanatory statement described in
section 4 in the matter preceding division A of Public Law 117-328 and
in the table under the heading ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' in such explanatory
statement, the project relating to ``Historic Campbell Chapel
Restoration Committee for the Restoration of Historic Campbell Chapel''
is deemed to be amended by striking ``Historic Preservation Fund--Save
America's Treasures Grants'' and inserting ``Historic Preservation
Fund--Historic Preservation Fund Grants''.
alaska native regional health entities authorization extension
Sec. 440. Section 424(a) of title IV of division G of the
Consolidated Appropriations Act, 2014 (Public Law 113-76) shall be
applied by substituting ``October 1, 2024'' for ``December 24, 2022''.
lava ridge wind project
Sec. 441. (a) None of the funds made available by this Act may be
obligated or expended for the purpose of granting, issuing, or renewing
a right-of-way under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind
Project, unless or until the Secretary of the Interior, acting through
the Bureau of Land Management, has analyzed, in consultation with local
elected officials and stakeholders, action alternatives designed to
reduce impacts to wildlife, cultural resources, transportation,
hunting, wetlands and the connected surface and ground waters. The
Secretary shall complete such consultations, and seek feedback
regarding action alternatives, not later than September 30, 2024, and
no funds made available in this Act shall be used for granting,
issuing, or renewing a right-of-way under section 501 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava
Ridge Wind Project while such consultations and efforts are ongoing.
(b) Prior to granting, issuing, or renewing a right-of-way under
section 501 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1761) for the Lava Ridge Wind Project, the Secretary shall
periodically report to the House and Senate Committees on
Appropriations on the status of consultations required under subsection
(a) and, once such consultations are complete, provide a briefing to
the Committees on the action alternatives and the feedback of local
elected officials and stakeholders.
limitation
Sec. 442. If requested by the claimant of any mining claim located
within the area covered by Public Land Order 7921, the Bureau of Land
Management shall prioritize completion of a validity determination for
such claim. The Bureau of Land Management shall strive to complete any
such validity determination not later than 3 years of receipt of the
request.
good neighbor authority
Sec. 443. Section 8206 of the Agriculture Act of 2014 (16 U.S.C.
2113a), as amended by section 8624 of the Agriculture Improvement Act
of 2018 (Public Law 115-334) and the Consolidated Appropriation Act,
2023 (Public Law 117-328), is further amended--
(1) in subsection (a)(3)(A), by adding before the period:
``; or''
``(iii) National Park System land; or
``(iv) National Wildlife Refuge Land'';
(2) in subsection (a)(4)(B)(i), by striking ``or'' after
``National Forest System'' and inserting ``,'';
(3) in subsection (a)(4)(B)(i), by inserting ``, National
Park Service, or National Wildlife Refuge'' after ``Bureau of
Land Management'';
(4) in subsection (b)(2)(C)(ii), by striking ``2023'' and
inserting ``2024'';
(5) in subsection (b)(4) by striking ``land or'' and
inserting ``,''; and
(6) in subsection (b)(4) by inserting ``, National Park
System, or U.S. Fish and Wildlife Service'' after ``Bureau of
Land Management''.
forest service nonrecurring expense fund
Sec. 444. There is hereby established in the Treasury of the
United States a fund to be known as the ``Forest Service Nonrecurring
Expenses Fund'' (the Fund): Provided, That unobligated balances of
expired discretionary funds, and discretionary no-year funds at least
four years old and deemed by the Chief of the Forest Service no longer
needed for their intended purpose, appropriated for this or any
succeeding fiscal year from the general fund of the Treasury to the
Forest Service by this or any other Act may be transferred into the
Fund: Provided further, That amounts deposited in the Fund shall be
available until expended, and in addition to such other funds as may be
available, for information technology; administrative expenses such as,
but not limited to, utility and lease payments; facilities
infrastructure maintenance, improvements, and construction; and roads
infrastructure maintenance, subject to approval by the Office of
Management and Budget: Provided further, That amounts in the Fund may
not be obligated without written notification to and the prior approval
of the Committees on Appropriations of the House of Representatives and
the Senate in conformance with the reprogramming guidelines described
in this Act.
world war i centennial commission
Sec. 445. In addition to the authority provided by section 6(g) of
the World War I Centennial Commission Act, as authorized by the World
War I Centennial Commission Act (Public Law 112-272) and the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291), the World War I Commission may
accept money, in-kind personnel services, contractual support, or any
appropriate support from any executive branch agency for activities of
the Commission.
rescission
Sec. 446. Of the unobligated balances from discretionary amounts
made available for fiscal year 2020 or prior fiscal years and derived
from the Land and Water Conservation Fund, the following are hereby
permanently rescinded--
(1) $89,000,000 from National Park Service grant programs
with unobligated carryover balances; and
(2) $5,000,000 from the Bureau of Land Management:
Provided, That no amounts may be rescinded 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.
rescission
Sec. 447. Of the unobligated balances from amounts made available
by section 11001 of Public Law 117-2, $350,000,000 are hereby
permanently rescinded.
rescission
Sec. 448. Of the unobligated balances from amounts made available
for fiscal year 2023 or prior fiscal years under the heading
``Department of Health and Human Services--Indian Health Service--
Indian Health Services'' for costs related to or resulting from
accreditation emergencies, $90,000,000 are hereby rescinded: Provided,
That no amounts may be rescinded 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.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2024''.
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$191,295,000, to remain available until September 30, 2025: Provided,
That of the sums appropriated under this heading--
(1) $3,770,000 shall be available for the immediate Office
of the Secretary;
(2) $1,370,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $32,272,000 shall be available for the Office of the
General Counsel;
(4) $20,064,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$2,000,000 is for the Office for Multimodal Freight
Infrastructure and Policy: Provided, That the Secretary must
obtain reprogramming approval from the House and Senate
Committees on Appropriations under section 405 of this Act
prior to executing the authorities of section 118(g)(2)-(3) of
title 49, United States Code;
(5) $22,724,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $7,138,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $43,284,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $6,244,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,515,000 shall be available for the Office of the
Executive Secretariat;
(10) $16,506,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $33,879,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,529,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation (referred to
in this title as the ``Secretary'') is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 7 percent by all such transfers: Provided further, That notice of
any change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
Provided further, That not to exceed $70,000 shall be for allocation
within the Department for official reception and representation
expenses as the Secretary may determine: Provided further, That
notwithstanding any other provision of law, there may be credited to
this appropriation up to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $49,040,000, of which
$22,500,000 shall remain available until expended: Provided, That of
such amounts that are available until expended, $10,000,000 shall be
for necessary expenses of the Advanced Research Projects Agency--
Infrastructure (ARPA-I) as authorized by section 119 of title 49,
United States Code: Provided further, That within the funds made
available under the preceding proviso, not less than $8,000,000 shall
be available for research on durability, resiliency, and sustainability
of bridges and other infrastructure and shall be directed to an
accredited university of higher education in the northeast United
States that has experience leading a regional university transportation
center and a proven record of developing, patenting, deploying, and
commercializing innovative composite materials and technologies for
bridge and other transportation applications, as well as conducting
research and developing prototypes using very large-scale polymer-based
additive manufacturing: Provided further, That there may be credited
to this appropriation, to be available until expended, funds received
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training: Provided further,
That any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology Administration
shall continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the Department of
Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United States
Code, $345,000,000, to remain available until expended: Provided, That
section 6702(f)(2) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That of the amounts made available under this heading in this
Act, not less than 5 percent shall be awarded to projects in
historically disadvantaged communities or areas of persistent poverty
as defined under section 6702(a)(1) of title 49, United States Code:
Provided further, That grants awarded under this heading in this Act
for eligible projects for planning, preparation, or design shall not be
subject to a minimum grant size: Provided further, That in
distributing amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, including Tribal areas, and the
investment in a variety of transportation modes: Provided further,
That for amounts made available under this heading in this Act, the
Secretary shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing package:
Provided further, That section 6702(f)(1) of title 49, United States
Code, shall not apply to amounts made available under this heading in
this Act: Provided further, That of the amounts awarded under this
heading in this Act, not more than 50 percent shall be allocated for
eligible projects located in rural areas and not more than 50 percent
shall be allocated for eligible projects located in urbanized areas:
Provided further, That for the purpose of determining if an award for
planning, preparation, or design under this heading in this Act is an
urban award, the project location is the location of the project being
planned, prepared, or designed: Provided further, That the Secretary
may retain up to 2 percent of the amounts made available under this
heading in this Act, and may transfer portions of such amounts to the
Administrators of the Federal Aviation Administration, the Federal
Highway Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Maritime Administration to fund the
award and oversight of grants and credit assistance made under the
program authorized under section 6702 of title 49, United States Code:
Provided further, That for amounts made available under this heading in
this Act, the Secretary shall consider and award projects based solely
on the selection criteria as identified under section 6702(d)(3) and
(d)(4) of title 49, United States Code.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $9,558,000,
to remain available until expended: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to other amounts made available for such purposes and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
rural and tribal infrastructure advancement
For necessary expenses to carry out rural and Tribal infrastructure
advancement as authorized in section 21205 of Public Law 117-58,
$25,000,000, to remain available until September 30, 2026: Provided,
That the Secretary may enter into cooperative agreements with
philanthropic entities, non-profit organizations, other Federal
agencies, State or local governments and their agencies, Indian Tribes,
or other technical assistance providers, to provide such technical
assistance, planning, and capacity building to State, local, or Tribal
governments, United States territories, metropolitan planning
organizations, transit agencies, or other political subdivisions of
State or local governments.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code, and
such authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2025.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology
infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal
cyber security initiatives, and implementation of enhanced security
controls on agency computers and mobile devices, $49,000,000, to remain
available until September 30, 2025.
office of civil rights
For necessary expenses of the Office of Civil Rights, $18,228,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $24,369,000, to remain available until expended: Provided,
That of such amount, $5,436,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso: Provided further, That of the
amounts made available under this heading, $3,443,000 shall be made
available for the purposes, and in amounts, specified for
Congressionally Directed Spending in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $522,165,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the limitation in the preceding proviso on operating expenses
shall not apply to entities external to the Department of
Transportation or for funds provided in Public Law 117-58: Provided
further, That no funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund without
majority approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no assessments may
be levied against any program, budget activity, subactivity, or project
funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,330,000, to remain available
until September 30, 2025: Provided, That notwithstanding section 332
of title 49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be
available for any purpose consistent with prior year appropriations
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through
41742 of title 49, United States Code, $348,554,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code: Provided further, That, notwithstanding section 41733 of title
49, United States Code, for fiscal year 2024, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1) of
title 49, United States Code, and the subsidy cap established by
section 332 of the Department of Transportation and Related Agencies
Appropriations Act, 2000, shall not apply to maintain eligibility under
section 41731 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescissions)
(including transfer of funds)
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused transit and van pool benefits, in an amount not to exceed 10
percent of fiscal year 2024 collections, shall be available until
expended in the Department's Working Capital Fund to provide
contractual services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2024 of such collections shall not
exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated or
expended for retention or senior executive bonuses for an employee of
the Department of Transportation without the prior written approval of
the Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Administrative Working
Capital Fund is hereby authorized to transfer information technology
equipment, software, and systems from departmental sources or other
entities and collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 108. Of the unobligated balances from amounts made available
for ``Railroad Rehabilitation and Improvement Financing Program'' in
section 109 of division L of Public Law 117-103, $8,948,237.30 is
hereby permanently rescinded.
Sec. 109. The Secretary of Transportation may transfer amounts
awarded to a federally recognized Tribe under a funding agreement
entered into under part 29 of title 49, Code of Federal Regulations,
from the Department of Transportation's Operating Administrations to
the Office of Tribal Government Affairs: Provided, That any amounts
retroceded or reassumed under such part may be transferred back to the
appropriate Operating Administration.
Sec. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's operating
administrations in this Act for the costs of award, administration, or
oversight of financial assistance under the programs identified in
subsection (c) may be transferred to the account identified in section
801 of division J of Public Law 117-58, to remain available until
expended, for the necessary expenses of award, administration, or
oversight of any financial assistance programs in the Department of
Transportation.
(b) Amounts transferred under the authority in this section are
available in addition to amounts otherwise available for such purpose.
(c) The program from which funds made available under this Act may
be transferred under subsection (a) are--
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code; and
(2) the university transportation centers program under
section 5505 of title 49, United States Code.
Sec. 109B. Of the amounts made available under the heading
``National Infrastructure Investments'', up to $35,000,000 shall be
available--
(1) First, to fully fund the projects at the amounts for
which they applied under section 109B of the Consolidated
Appropriations Act, 2023 (division L of Public Law 117-328) and
were not fully funded; and
(2) Second, to fund highway infrastructure projects for
which the initial grant agreement was executed between January
14, 2021 and February 14, 2021 for awards made from the
national infrastructure investments program under title I of
division G of the Consolidated Appropriations Act, 2019 (Public
Law 116-6): Provided, That sponsors of projects eligible for
funds made available under subsection shall provide sufficient
written justification describing, at a minimum, the current
project cost estimate, why the project cannot be completed with
the obligated grant amount, and any other relevant information,
as determined by the Secretary: Provided further, That funds
made available under this subsection shall be allocated to
projects eligible to receive funding under this section in
order of the date the grant agreements were initially executed:
Provided further, That the allocation under the previous
proviso will be for the amounts necessary to cover increases to
eligible project costs since the grant was obligated, based on
the information provided: Provided further, That section
200.204 of title 2, Code of Federal Regulations, shall not
apply to amounts made available under this section: Provided
further, That the amounts made available under this section
shall not be subject to limitations under section 6702(c) of
title 49, United States Code: Provided further, That the
amounts made available under this section shall not be part of
the Federal share of total project costs under section
6702(e)(1) of title 49, United States Code: Provided further,
That section 6702(f) of title 49, United States Code, shall not
apply to amounts made available under this section: Provided
further, That the Office of the Secretary of Transportation
shall provide the amounts allocated to projects under this
section no later than 120 days after the date the sufficient
written justifications required under this section have been
submitted.
Sec. 109C. For amounts provided for this fiscal year and prior
fiscal years, section 24112(c)(2)(B) of Public Law 117-58 shall be
applied by substituting ``30 percent'' for ``40 percent''.
Sec. 109D. The remaining unobligated balances, as of September 30,
2024, from amounts made available for the ``Department of
Transportation--Office of the Secretary--National Infrastructure
Investments'' in division L of the Consolidated Appropriations Act,
2021 (Public Law 116-260) are hereby permanently rescinded, and an
amount of additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2024, to remain
available until September 30, 2027, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to the fiscal year 2021 national infrastructure investments
program, in addition to other funds as may be available for such
purposes: Provided, That no amounts may be rescinded 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. 109E. For amounts provided for fiscal year 2024 under the
heading ``National Infrastructure Investments'' in title VIII of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) to carry out section 6702 of title 49, United States Code, the
set aside for historically disadvantaged communities or areas of
persistent poverty under subsection (f)(2) of such section shall be
applied by substituting ``5 percent'' for ``1 percent'' in this fiscal
year: Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency requirement
pursuant to 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 to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $12,729,627,000, to remain available until September
30, 2025, of which $12,093,150,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,745,532,000 shall be available for
aviation safety activities;
(2) $9,439,068,000 shall be available for air traffic
organization activities;
(3) $42,018,000 shall be available for commercial space
transportation activities;
(4) $948,211,000 shall be available for finance and
management activities;
(5) $67,818,000 shall be available for NextGen and
operations planning activities;
(6) $162,155,000 shall be available for security and
hazardous materials safety activities; and
(7) $324,825,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such
report has not been transmitted to Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than $205,376,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
contract weather observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,191,250,000, of which $634,739,370 is for personnel and related
expenses and shall remain available until September 30, 2025,
$2,496,360,630 shall remain available until September 30, 2026, and
$60,150,000 is for terminal facilities and shall remain available until
September 30, 2028: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2025 through 2029, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided further,
That section 405 of this Act shall apply to amounts made available
under this heading in title VIII of the Infrastructure Investments and
Jobs Appropriations Act (division J of Public Law 117-58): Provided
further, That the amounts in the table entitled ``Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and
Jobs Act--Fiscal Year 2024'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
shall be the baseline for application of reprogramming and transfer
authorities for the current fiscal year pursuant to paragraph (7) of
such section 405 for amounts referred to in the preceding proviso:
Provided further, That, notwithstanding paragraphs (5) and (6) of such
section 405, unless prior approval is received from the House and
Senate Committees on Appropriations, not to exceed 10 percent of any
funding level specified for projects and activities in the table
referred to in the preceding proviso may be transferred to any other
funding level specified for projects and activities in such table and
no transfer of such funding levels may increase or decrease any funding
level in such table by more than 10 percent: Provided further, That of
the amounts made available under this heading for terminal facilities,
$15,000,000 shall be made available for the purposes, and in amounts,
specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $280,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2026: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That amounts made available under this heading shall be used in
accordance with the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That not to exceed 10 percent of any funding level specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) may be
transferred to any other funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more than 10
percent: Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $3,350,000,000, in fiscal year 2024, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not less than $152,148,000 shall be available for
administration, $15,000,000 shall be available for the airport
cooperative research program, $41,801,000 shall be available for
airport technology research, and $10,000,000, to remain available until
expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the small community air
service development program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United States Code,
such program may include the participation of an airport that serves a
community or consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the Office
of the Secretary issues a request for proposals: Provided further,
That the Secretary may provide grants to any commercial service
airport, notwithstanding the requirement for the airport to be located
in an air quality nonattainment or maintenance area or to be able to
receive emission credits in section 47102(3)(K) and 47102(3)(L) of
title 49, United States Code, for work necessary to construct or modify
airport facilities to provide low-emission fuel systems, gate
electrification, other related air quality improvements, acquisition of
airport-owned vehicles or ground support equipment with low-emission
technology, provided such vehicles are used exclusively on airport
property or to transport passengers and employees between the airport
and the airport's consolidated rental facility or an intermodal surface
transportation facility adjacent to the airport.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $532,392,074, to remain available
through September 30, 2026: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That of the sums
appropriated under this heading--
(1) $482,392,074 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That funds made available under this section shall
not be subject to or considered under section 47115(j)(3)(B) of
title 49, United States Code;
(2) up to $50,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports;
and
(3) not less than $3,000,000 shall be made available for
two remaining projects under section 190 of the FAA
Reauthorization Act of 2018 (Public Law 115-254): Provided,
That, notwithstanding subsection (j)(2) of section 190 of the
FAA Reauthorization Act of 2018 (Public Law 115-254), such
grants shall be made available for conducting testing
activities in support of studying the effectiveness of existing
federally funded sound insulation in residential areas located
within the 65 DNL noise contour of a large-hub airport that
will facilitate future environmental mitigation projects in
these areas: Provided further, That, with respect to a project
funded under the previous proviso, the allowable project cost
for such project shall be calculated without consideration of
any costs that were previously paid by the Government:
Provided further, That the Secretary may make discretionary grants to
primary airports for airport-owned infrastructure required for the on-
airport distribution or storage of sustainable aviation fuels that
achieve at least a 50 percent reduction in lifecycle greenhouse gas
emissions, using a methodology determined by the Secretary, including,
but not limited to, on-airport construction or expansion of pipelines,
rail lines and spurs, loading and off-loading facilities, blending
facilities, and storage tanks: Provided further, That the Secretary
may make discretionary grants with funds made available under this
heading to primary or nonprimary airports for the acquisition or
construction costs related to airport-owned, revenue-producing
aeronautical fuel farms and fueling systems, including mobile systems,
that the Secretary determines will promote the use of unleaded or
sustainable aviation fuels on a non-exclusive basis: Provided further,
That the Secretary may make discretionary grants for airport
development improvements of primary runways, taxiways, and aprons
necessary at a nonhub, small hub, medium hub, or large hub airport to
increase operational resilience for the purpose of resuming commercial
service flight operations following flooding, high water, hurricane,
storm surge, tidal wave, tornado, tsunami, wind driven water, or winter
storms: Provided further, That the amounts made available under this
heading shall not be subject to any limitation on obligations for the
Grants-in-Aid for Airports program set forth in any Act: Provided
further, That the Administrator of the Federal Aviation Administration
may retain up to 0.5 percent of the amounts made available under this
heading to fund the award and oversight by the Administrator of grants
made under this heading.
administrative provisions--federal aviation administration
(including rescissions)
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2024.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a Government
agency, for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 119A. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the contract tower program, or for reevaluation of
cost-share program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration Administrative
Services Franchise Fund may be reimbursed after performance or paid in
advance from funds available to the Federal Aviation Administration and
other Federal agencies for which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise made
available to the FAA may be used to carry out the FAA's obligations
under section 44502(e) of title 49, United States Code, unless the
eligible air traffic system or equipment to be transferred to the FAA
under section 44502(e) of title 49, United States Code, was purchased
by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous States.
Sec. 119F. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or other
aviation tenants, located at those airports closed during a temporary
flight restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while
such airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or distributed
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services until an
independent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence, of
such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
Sec. 119G. Of the unobligated balances available to the Federal
Aviation Administration, the following funds are hereby permanently
rescinded:
(1) $1,590,528.89 from funds made available for ``Federal
Aviation Administration--Facilities and Equipment'', which were
to remain available until expended, by title I of Public Law
104-50; and
(2) $2,878.02 from funds made available for ``Federal
Aviation Administration--Facilities and Equipment'' by chapter
10, division B, of Public Law 108-324.
Sec. 119H. None of the funds made available in this or any other
Act shall be used to facilitate the assignment of individuals from a
private-sector organization to the FAA to serve on a temporary basis.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $483,551,671 together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration: Provided, That in addition,
$3,248,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of authorized
Federal-aid highway and highway safety construction programs shall not
exceed total obligations of $60,095,782,888 for fiscal year 2024:
Provided, That the limitation on obligations under this heading shall
only apply to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise specified in
law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized
Federal-aid highway and highway safety construction programs,
$60,834,782,888 shall be derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $2,224,676,687:
Provided, That the funds made available under this heading shall be
derived from the general fund, shall be in addition to any funds
provided for fiscal year 2024 in this or any other Act for: (1)
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; (2) the Appalachian development highway system as authorized
under section 1069(y) of Public Law 102-240; (3) activities eligible
under the Tribal transportation program under section 202 of title 23,
United States Code; (4) the Northern Border Regional Commission (40
U.S.C. 15101 et seq.); or (5) the Denali Commission, and shall not
affect the distribution or amount of funds provided in any other Act:
Provided further, That, except for the funds made available under this
heading for the Northern Border Regional Commission and the Denali
Commission, section 11101(e) of Public Law 117-58 shall apply to funds
made available under this heading: Provided further, That unless
otherwise specified, amounts made available under this heading shall be
available until September 30, 2027, and shall not be subject to any
limitation on obligations for Federal-aid highways or highway safety
construction programs set forth in any Act making annual
appropriations: Provided further, That of the sums appropriated under
this heading--
(1) $1,884,176,687 shall be for the purposes, and in the
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That funds made
available under this paragraph that are used for Tribal
projects shall be administered as if allocated under chapter 2
of title 23, United States Code, except that the set-asides
described in subparagraph (C) of section 202(b)(3) of title 23,
United States Code, and subsections (a)(6), (c), and (e) of
section 202 of such title, and section 1123(h)(1) of MAP-21 (as
amended by Public Law 117-58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian development highway system, as
authorized under section 1069(y) of Public Law 102-240:
Provided, That for the purposes of funds made available under
this paragraph, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region
as defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian development highway system
shall remain available until expended: Provided further, That,
except as provided in the following proviso, funds made
available under this heading for construction of the
Appalachian development highway system shall be administered as
if apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
available under this heading for construction of the
Appalachian development highway system shall be carried out in
the same manner as a project under section 14501 of title 40,
United States Code: Provided further, That subject to the
following proviso, funds made available under this heading for
construction of the Appalachian development highway system
shall be apportioned to Appalachian States according to the
percentages derived from the 2012 Appalachian development
highway system cost-to-complete estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
development highway system, adjusted to exclude those corridors
that such States have no current plans to complete, as reported
in the 2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned a higher
priority for completion of an Appalachian development highway
system corridor, as reported in the 2020 Appalachian
Development Highway System Future Outlook: Provided further,
That the Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian development
highway system under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the
costs for which an expenditure is made for construction of the
Appalachian development highway system under this heading shall
be up to 100 percent;
(3) $150,000,000 shall be for activities eligible under the
Tribal transportation program, as described in section 202 of
title 23, United States Code: Provided, That, except as
otherwise provided under this heading, the funds made available
under this paragraph shall be administered as if allocated
under chapter 2 of title 23, United States Code: Provided
further, That the set-asides described in subparagraph (C) of
section 202(b)(3) of title 23, United States Code, and
subsections (a)(6), (c), and (e) of section 202 of such title
shall not apply to funds made available under this paragraph:
Provided further, That the set-aside described in section
1123(h)(1) of MAP-21 (as amended by Public Law 117-58), shall
not apply to such funds;
(4) $5,000,000 shall be transferred to the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.) to make grants,
in addition to amounts otherwise made available to the Northern
Border Regional Commission for such purpose, to carry out pilot
projects that demonstrate the capabilities of wood-based
infrastructure projects: Provided, That a grant made with
funds made available under this paragraph shall be administered
in the same manner as a grant made under subtitle V of title
40, United States Code;
(5) $4,500,000 shall be transferred to the Denali
Commission for activities eligible under section 307(e) of the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105-277): Provided, That funds made available under this
paragraph shall not be subject to section 311 of such Act:
Provided further, That except as otherwise provided under
section 307(e) of such Act or this heading, funds made
available under this paragraph shall be administered as if
directly appropriated to the Denali Commission and subject to
applicable provisions of such Act, including the requirement in
section 307(e) of such Act that the local community provides a
10 percent non-Federal match in the form of any necessary land
or planning and design funds: Provided further, That such
funds shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
90 percent;
(6) $13,500,000 shall be transferred to the Denali
Commission to carry out the Denali access system program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105-277): Provided, That a transfer
under this paragraph shall not be subject to section 311 of
such Act: Provided further, That except as otherwise provided
under this heading, funds made available under this paragraph
shall be administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act:
Provided further, That funds made available under this
paragraph shall not be subject to section 309(j)(2) of such
Act: Provided further, That funds made available under this
paragraph shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
100 percent;
(7) $10,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section 1441
of the FAST Act (23 U.S.C. 601 note): Provided, That for funds
made available under this paragraph, the Federal share of the
costs shall be, at the option of the recipient, up to 100
percent: Provided further, That funds made available under
this paragraph may be transferred to the Office of the
Secretary;
(8) $7,500,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code:
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code; and
(9) $50,000,000, in addition to amounts made available in
section 126 of this Act, shall be for a competitive highway
bridge program for States that--
(A) have a population density of less than 115
individuals per square mile; and
(B) have--
(i) less than 26 percent of total bridges
classified as in good condition; or
(ii) greater than or equal to 5.2 percent
of total bridges classified as in poor
condition:
Provided, That any such State with more than 14 percent of
total bridges classified as in poor condition shall receive not
less than $32,500,000 of the funds made available in this
paragraph or in section 126 of this Act for grant applications
for projects eligible under this paragraph: Provided further,
That if the Secretary determines that eligible applications
from any such State meeting the criteria under the preceding
proviso are insufficient to make awards of at least
$32,500,000, the Secretary shall use the unutilized amounts to
provide other grants to States eligible under this paragraph:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads that demonstrate cost
savings by bundling multiple highway bridge projects and,
except as otherwise provided in this heading, shall be
administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That the requirements of
section 144(j)(5) of title 23, United States Code, shall not
apply to funds made available under this paragraph: Provided
further, That for purposes of this paragraph, the Secretary
shall calculate population density figures based on the latest
available data from the decennial census conducted under
section 141(a) of title 13, United States Code: Provided
further, That for purposes of this paragraph, the Secretary
shall calculate the percentages of bridge counts (including the
percentages of bridge counts classified as in poor and good
condition) based on the national bridge inventory as of June
2023.
administrative provisions--federal highway administration
(including rescissions)
Sec. 120. (a) For fiscal year 2024, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under authorized Federal-aid highway and highway
safety construction programs, or apportioned by the Secretary
under section 202 or 204 of title 23, United States Code, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2024, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface
Transportation Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days before making a
grant under that section, provides written notification to the House
and Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Sec. 125. (a) Of the unallocated and unobligated balances available
to the Federal Highway Administration, the following funds are hereby
permanently rescinded, subject to subsections (b) and (c), from the
following accounts and programs in the specified amounts:
(1) $48,346,377.35 from funds available in the ``Surface
Transportation Priorities'' account (69 X 0538);
(2) $1,839,129.40 from funds available in the ``Delta
Regional Transportation Development Program'' account (69 X
0551);
(3) $11,064,579.57 from funds available in the
``Appalachian Development Highway System'' account (69 X 0640);
(4) $9,264.22 from funds available in the ``Highway
Beautification'' account (69 X 0540);
(5) $1,375,400 from funds available in the ``State
Infrastructure Banks'' account (69 X 0549);
(6) $90,435 from funds available in the ``Railroad-Highway
Crossings Demonstration Projects'' account (69 X 0557);
(7) $5,211,248.53 from funds available in the ``Interstate
Transfer Grants--Highway'' account (69 X 0560);
(8) $133,231.12 from funds available in the ``Kentucky
Bridge Project'' account (69 X 0572);
(9) $2,887.56 from funds available in the ``Highway
Demonstration Project--Preliminary Engineering'' account (69 X
0583);
(10) $149,083.06 from funds available in the ``Highway
Demonstration Projects'' account (69 X 0598); and
(11) $68,438.40 from funds available in the ``Miscellaneous
Highway Projects'' account (69 X 0641).
(b) No amounts may be rescinded under subsection (a) from any funds
for which a State exercised its authority under section 125 of division
L of Public Law 114-113, section 422 of division K of Public Law 115-
31, section 126 of division L of Public Law 115-141, section 125 of
division G of Public Law 116-6, section 125 of division H of Public Law
116-94, section 124 of division L of Public Law 116-260, section 124 of
division L of Public Law 117-103, or section 124 of division L of
Public Law 117-328.
(c) No amounts may be rescinded under subsection (a) from any
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. 126. (a) Notwithstanding any other provision of law,
$200,000,000 from the funds described in subsection (b), in addition to
amounts made available in paragraph (9) under the heading ``Highway
Infrastructure Programs'', shall be available for a competitive highway
bridge program for States that--
(1) have a population density of less than 115 individuals
per square mile; and
(2) have--
(A) less than 26 percent of total bridges
classified as in good condition; or
(B) greater than or equal to 5.2 percent of total
bridges classified as in poor condition:
Provided, That any such State with more than 14 percent of total
bridges classified as in poor condition shall receive not less than
$32,500,000 of the funds made available under this subsection or in
paragraph (9) under the heading ``Highway Infrastructure Programs'' for
grant applications for projects eligible under this subsection:
Provided further, That if the Secretary determines that eligible
applications from any such State meeting the criteria under the
preceding proviso are insufficient to make awards of at least
$32,500,000, the Secretary shall use the unutilized amounts to provide
other grants to States eligible under this subsection: Provided
further, That the funds made available under this subsection shall be
used for highway bridge replacement or rehabilitation projects on
public roads that demonstrate cost savings by bundling multiple highway
bridge projects and, except as otherwise provided in this section,
shall be administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That the requirements of section
144(j)(5) of title 23, United States Code, shall not apply to funds
made available under this subsection: Provided further, That for
purposes of this subsection, the Secretary shall calculate population
density figures based on the latest available data from the decennial
census conducted under section 141(a) of title 13, United States Code:
Provided further, That for purposes of this subsection, the Secretary
shall calculate the percentages of bridge counts (including the
percentages of bridge counts classified as in poor and good condition)
based on the national bridge inventory as of June 2023: Provided
further, That section 11101(e) of the Infrastructure Investment and
Jobs Act (Public Law 117-58) shall apply to funds made available under
this subsection.
(b) Funds described in this subsection are any funds that--
(1) are unobligated on the date of enactment of this Act;
and
(2) were made available for credit assistance under--
(A) the transportation infrastructure finance and
innovation program under subchapter II of chapter 1 of
title 23, United States Code, as in effect prior to
August 10, 2005; or
(B) the transportation infrastructure finance and
innovation program under chapter 6 of title 23, United
States Code.
(c) Funds made available under subsection (a) for a competitive
highway bridge program for States shall--
(1) be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs; and
(2) unless otherwise specified in this section, remain
available until September 30, 2027.
(d) The obligation limitation made available under section
120(a)(2) that is associated with funds made available under subsection
(a) shall--
(1) remain available until September 30, 2027; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Infrastructure Investment and Jobs Act (Public Law 117-
58), $346,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $411,000,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2024, of which $14,073,000, to remain
available for obligation until September 30, 2026, is for the research
and technology program, and of which not less than $99,098,000, to
remain available for obligation until September 30, 2026, is for
development, modernization, enhancement, and continued operation and
maintenance of information technology and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, $516,300,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $516,300,000 in fiscal
year 2024 for ``Motor Carrier Safety Grants'': Provided further, That
of the amounts made available under this heading--
(1) $406,500,000, to remain available for obligation until
September 30, 2025, shall be for the motor carrier safety
assistance program;
(2) $43,500,000, to remain available for obligation until
September 30, 2025, shall be for the commercial driver's
license program implementation program;
(3) $60,000,000, to remain available for obligation until
September 30, 2025, shall be for the high priority program;
(4) $1,300,000, to remain available for obligation until
September 30, 2025, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2025, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety, authorized under chapter
301 and part C of subtitle VI of title 49, United States Code,
$223,000,000, to remain available through September 30, 2025.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including behavioral
research on automated driving systems and advanced driver assistance
systems and improving consumer responses to safety recalls, section
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-
58), and chapter 303 of title 49, United States Code, $201,200,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2024, are in excess of $201,200,000: Provided further, That of the
sums appropriated under this heading--
(1) $194,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on automated driving systems and advanced
driver assistance systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,200,000 shall be for the national driver register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $201,200,000 obligation limitation
for operations and research, $57,500,000 shall remain available until
September 30, 2025, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided further,
That amounts for behavioral research on automated driving systems and
advanced driver assistance systems and improving consumer responses to
safety recalls are in addition to any other funds provided for those
purposes for fiscal year 2024 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States
Code, to remain available until expended, $813,300,800, to be derived
from the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs for which the total obligations in
fiscal year 2024 are in excess of $813,300,800 for programs authorized
under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United
States Code: Provided further, That of the sums appropriated under
this heading--
(1) $378,400,000 shall be for highway safety programs under
section 402 of title 23, United States Code;
(2) $353,500,000 shall be for national priority safety
programs under section 405 of title 23, United States Code;
(3) $40,300,000 shall be for the high visibility
enforcement program under section 404 of title 23, United
States Code; and
(4) $41,100,800 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for national priority safety programs under section 405
of title 23, United States Code, for impaired driving countermeasures
(as described in subsection (d) of that section) shall be available for
technical assistance to the States: Provided further, That with
respect to the ``Transfers'' provision under section 405(a)(10) of
title 23, United States Code, any amounts transferred to increase the
amounts made available under section 402 shall include the obligation
authority for such amounts: Provided further, That the Administrator
shall notify the House and Senate Committees on Appropriations of any
exercise of the authority granted under the preceding proviso or under
section 405(a)(10) of title 23, United States Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 141. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $267,799,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$54,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading, up to $3,000,000 shall be
available pursuant to section 20108(d) of title 49, United States Code,
for the construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-state partnership for
intercity passenger rail grants as authorized by section 24911 of title
49, United States Code, $75,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to 2 percent of
the amounts made available under this heading in this Act for the costs
of award and project management oversight of grants carried out under
title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail infrastructure
and safety improvements grants, as authorized by section 22907 of title
49, United States Code, $198,957,997, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act, $98,957,997 shall be made available for the
purposes, and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
requirements under subsections (g) and (l) of section 22907 of title
49, United States Code, shall not apply to the preceding proviso:
Provided further, That any remaining funds available after the
distribution of the Community Project Funding/Congressionally Directed
Spending described in this paragraph shall be available to the
Secretary to distribute as discretionary grants under this heading:
Provided further, That for amounts made available under this heading in
this Act, eligible projects under section 22907(c)(8) of title 49,
United States Code, shall also include railroad systems planning
(including the preparation of regional intercity passenger rail plans
and state rail plans) and railroad project development activities
(including railroad project planning, preliminary engineering, design,
environmental analysis, feasibility studies, and the development and
analysis of project alternatives): Provided further, That section
22905(f) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act for projects that
implement or sustain positive train control systems otherwise eligible
under section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts made available under this heading in this Act for
projects selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That for amounts made available
under this heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include any holding
company of a Class II railroad or Class III railroad (as those terms
are defined in section 20102 of title 49, United States Code):
Provided further, That section 22907(e)(1)(A) of title 49, United
States Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That section 22907(e)(1)(A) of
title 49, United States Code, shall not apply to amounts made available
under this heading in previous fiscal years if such funds are announced
in a notice of funding opportunity that includes funds made available
under this heading in this Act: Provided further, That the preceding
proviso shall not apply to funds made available under this heading in
the Infrastructure Investment and Jobs Act (division J of Public Law
117-58): Provided further, That unobligated balances remaining after 6
years from the date of enactment of this Act may be used for any
eligible project under section 22907(c) of title 49, United States
Code: Provided further, That the Secretary may withhold up to 2
percent of the amounts made available under this heading in this Act
for the costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 22101(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$1,141,442,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the amounts made
available under both this heading in this Act and the ``National
Network Grants to the National Railroad Passenger Corporation'' heading
in this Act to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided further, That in
addition to the project management oversight funds authorized under
section 22101(c) of the Infrastructure Investment and Jobs Act (Public
Law 117-58), the Secretary may retain up to an additional $5,000,000 of
the amounts made available under this heading in this Act to fund
expenses associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 22101(b) of the
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,286,321,000, to remain available until expended: Provided,
That the Secretary may retain up to an additional $3,000,000 of the
funds provided under this heading in this Act to fund expenses
associated with the State-Supported Route Committee established under
section 24712 of title 49, United States Code: Provided further, That
none of the funds provided under this heading in this Act shall be used
by Amtrak to give notice under subsection (a) or (c) of section 24706
of title 49, United States Code, with respect to long-distance routes
(as defined in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad's line and a positive
train control system is not required by law or regulation, or, except
in an emergency or during maintenance or construction outages impacting
such routes, to otherwise discontinue, reduce the frequency of,
suspend, or substantially alter the route of rail service on any
portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of title
49, United States Code, in lieu of rail service: Provided further,
That the National Railroad Passenger Corporation may use up to
$66,000,000 of the amounts made available under this heading in this
Act for corridor development activities as authorized by section
22101(h) of division B of Public Law 117-58: Provided further, That
$40,000,000 of the amounts made available under this heading in this
Act shall be for design and construction activities to improve the
concourse and related infrastructure for the station at the major hub
of Amtrak's National Network.
administrative provisions--federal railroad administration
(including rescissions)
(including transfer of funds)
Sec. 150. The amounts made available to the Secretary or to the
Federal Railroad Administration for the costs of award, administration,
and project management oversight of financial assistance which are
administered by the Federal Railroad Administration, in this and prior
Acts, may be transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance'' account for
the necessary expenses to support the award, administration, project
management oversight, and technical assistance of financial assistance
administered by the Federal Railroad Administration, in the same manner
as appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously 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. 151. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2023 and the three prior calendar
years: Provided further, That such summary shall include the total
number of employees that received waivers and the total overtime
payments Amtrak paid to employees receiving waivers for each month for
2023 and for the three prior calendar years.
Sec. 152. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger Corporation'' may be
used to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 153. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 154. Of the unobligated balances of funds remaining from--
(1) ``Northeast Corridor Improvement Program'' account
totaling $126,348 appropriated by Public Law 114-113 is hereby
permanently rescinded;
(2) ``Railroad Safety Grants'' account totaling $81,257.66
appropriated by Public Law 113-235 is hereby permanently
rescinded;
(3) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling
$53,118,096.83 appropriated by Public Law 111-117 is hereby
permanently rescinded;
(4) ``Next Generation High-Speed Rail'' account totaling
$94.94 appropriated by Public Law 108-447 is hereby permanently
rescinded; and
(5) ``Grants to the National Railroad Passenger
Corporation'' account totaling $678.16 appropriated by Public
Law 108-447 is hereby permanently rescinded.
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal public
transportation assistance program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340, section 20005(b) of Public Law 112-141, and section 3006(b)
of Public Law 114-94, $13,990,000,000, to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the implementation or
execution of programs authorized under 49 U.S.C. 5305, 5307, 5310,
5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340,
section 20005(b) of Public Law 112-141, and section 3006(b) of Public
Law 114-94, shall not exceed total obligations of $13,990,000,000 in
fiscal year 2024.
transit infrastructure grants
For an additional amount for ferry boats grants under section
5307(h) of title 49, United States Code, Tribal technical assistance
under section 5311(b)(3)(C) of such title, bus testing facilities under
section 5318 of such title, accelerating the adoption of zero emission
buses under section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities eligible
under chapter 53 of such title, and ferry service for rural communities
under section 71103 of division G of Public Law 117-58, $252,386,844,
to remain available until expended: Provided, That of the sums
provided under this heading in this Act--
(1) $20,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided under this paragraph, no less than
$5,000,000 shall be available for low or zero emission ferries
or ferries using electric battery or fuel cell components and
the infrastructure to support such ferries;
(2) $500,000 shall be available for technical assistance
and resources to Tribes through the national rural
transportation assistance program authorized under section
5311(b)(3)(C) of such title;
(3) $1,500,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(4) $206,817,976 shall be available for the purposes, and
in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That unless otherwise specified, applicable
requirements under chapter 53 of title 49, United States Code,
shall apply to amounts made available in this paragraph, except
that the Federal share of the costs for a project in this
paragraph shall be in an amount equal to 80 percent of the net
costs of the project, unless the Secretary approves a higher
maximum Federal share of the net costs of the project
consistent with administration of similar projects funded under
chapter 53 of title 49, United States Code;
(5) $20,000,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B), eligible
service shall include passenger ferry service that serves at
least two rural areas with a single segment over 15 miles
between the two rural areas and is not otherwise eligible under
section 5307(h) of title 49, United States Code: Provided
further, That entities that provide eligible service pursuant
to the preceding proviso may use amounts made available in this
paragraph for public transportation capital projects to support
any ferry service between two rural areas; and
(6) $3,568,868 shall be available to support technical
assistance, research, demonstration, or deployment activities
or projects to accelerate the adoption of zero emission buses
in public transit as authorized under section 5312 of title 49,
United States Code:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund: Provided further,
That amounts made available under this heading in this Act shall not be
subject to any limitation on obligations for transit programs set forth
in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30,
2025: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code: Provided further, That amounts made
available under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts made
available under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $2,205,000,000, to remain available until
expended: Provided, That of the sums appropriated under this heading
in this Act--
(1) $2,130,950,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code; and
(2) up to $52,000,000 shall be available for projects
authorized under section 3005(b) of the Fixing America's
Surface Transportation Act:
Provided further, That the Secretary shall continue to administer the
capital investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and of section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that receive a
grant agreement under the expedited project delivery for capital
investment grants pilot program under section 3005(b) of the Fixing
America's Surface Transportation Act shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such section:
Provided further, That such funding shall not exceed the Federal share
under section 3005(b): Provided further, That for funds made available
under this heading in division J of Public Law 117-58 the second
through sixth provisos shall be treated as inapplicable for fiscal year
2024: Provided further, That amounts repurposed pursuant to the
preceding proviso that were previously designated by the Congress as an
emergency requirement pursuant to 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 to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve the
safety of the system before approving such grants.
administrative provisions--federal transit administration
(including rescission)
(including transfer of funds)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act not obligated by September 30, 2027, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2023, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grants program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. Of the unobligated balances made available before
October 1, 2013 for ``Transit Research'' in Treasury Account 69-X-1137,
$977,955 is hereby permanently rescinded.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence
Seaway Development Corporation, $40,288,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided, That of
the amounts made available under this heading, not less than
$16,300,000 shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$318,000,000, to remain available until expended: Provided, That of
the unobligated balances from prior year appropriations available under
this heading, $17,000,000 are hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended.
tanker security program
(including rescission)
For Tanker Security Fleet payments, as authorized under section
53406 of title 46, United States Code, $60,000,000, to remain available
until expended: Provided, That funds appropriated for the tanker
security fleet program in the Consolidated Appropriations Act, 2022
(Public Law 117-103) shall be available as authorized under section
53406 of title 46, United States Code, and for the Secretary to timely
reimburse each program participant up to $2,500,000 for each of its
vessels covered by an operating agreement under section 53403 of title
46, United States Code, for verifiable training and other costs
incurred to ensure that mariners on such vessels are fully qualified to
meet the specialized requirements to serve on product tank vessels:
Provided further, That of the unobligated balances from prior year
appropriations available under this heading, $21,000,000 are hereby
permanently rescinded.
operations and training
For necessary expenses of operations and training activities
authorized by law, $267,775,000: Provided, That of the sums
appropriated under this heading--
(1) $92,729,000 shall remain available until September 30,
2025, for the operations of the United States Merchant Marine
Academy;
(2) $22,000,000 shall remain available until expended for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $70,000,000 shall remain available until expended for
capital improvements at the United States Merchant Marine
Academy;
(4) $7,500,000 shall remain available until September 30,
2025, for the maritime environmental and technical assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $5,000,000 shall remain available until expended, for
the United States marine highway program to make grants for the
purposes authorized under section 55601 of title 46, United
States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3510 of the National Defense Authorization Act for
fiscal year 2017 (46 U.S.C. 51318): Provided further, That available
balances under this heading for the short sea transportation program or
America's marine highway program (now known as the United States marine
highway program) from prior year recoveries shall be available to carry
out activities authorized under section 55601 of title 46, United
States Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $125,788,000: Provided, That
of the sums appropriated under this heading--
(1) $22,000,000 shall remain available until expended for
maintenance, repair, and life extension of training ships at
the State Maritime Academies;
(2) $86,588,000 shall remain available until expended for
the national security multi-mission vessel program, including
funds for construction, planning, administration, and design of
school ships and, as determined by the Secretary, necessary
expenses to design, plan, construct infrastructure, and
purchase equipment necessary to berth such ships, of which up
to $8,900,000 may be used for expenses related to the oversight
and management of school ships to include the purchase of
equipment and the repair and maintenance of training vessels:
Provided, That such funds may be used to reimburse State
Maritime Academies for costs incurred prior to the date of
enactment of this Act;
(3) $2,400,000 shall remain available until September 30,
2028, for the student incentive program;
(4) $8,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2025, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $8,750,000, to remain available
until expended.
ship disposal
(including rescission)
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000, to remain available until expended: Provided, That of the
unobligated balances from prior year appropriations made available
under this heading, $3,664,000 are hereby permanently rescinded.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, $53,586,000, of which $50,586,000
shall remain available until expended: Provided, That such costs,
including the costs of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That not to exceed $3,000,000 shall be for
administrative expenses to carry out the guaranteed loan program, which
shall be transferred to and merged with the appropriations for
``Maritime Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, and section 3501(a)(9)
of the National Defense Authorization Act for fiscal year 2024 (Public
Law 118-31), $120,460,124, to remain available until expended:
Provided, That of the sums appropriated under this heading in this
Act--
(1) $50,000,000 shall be for projects for coastal seaports,
inland river ports, or Great Lakes ports, of which not less
than $42,000,000 shall be for coastal seaports or Great Lakes
ports: Provided, That for grants awarded under this paragraph
in this Act, the minimum grant size shall be $1,000,000; and
(2) $70,460,124 shall be for the purposes, and in the
amounts, specified for Community Project Funding included in
the table entitled ``Community Project Funding/Congressionally
Directed Spending'' included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Sec. 171. There is hereby appropriated $12,000,000, to remain
available until expended, for expenses necessary for the Secretary of
Transportation to enter into a contract to complete the designs of ten
sealift vessels for the National Defense Reserve Fleet.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $31,681,000, of which $4,500,000 shall
remain available until September 30, 2026.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $74,556,000, of which $12,070,000 shall remain
available until September 30, 2026, of which $1,000,000 shall be made
available for carrying out section 5107(i) of title 49, United States
Code: Provided, That up to $800,000 in fees collected under section
5108(g) of title 49, United States Code, shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990 (Public Law 101-380), $218,186,000, to remain available
until September 30, 2026, of which $30,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $180,786,000 shall be
derived from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title 49, United
States Code, and deposited in the Liquefied Natural Gas Siting Account
for compliance reviews of liquefied natural gas facilities; and of
which $7,000,000 shall be derived from fees collected under section
60302 of title 49, United States Code, and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That not
less than $1,058,000 of the amounts made available under this heading
shall be for the one-call state grant program: Provided further, That
any amounts made available under this heading in this Act or in prior
Acts for research contracts, grants, cooperative agreements or research
other transactions agreements (OTAs) shall require written notification
to the House and Senate Committees on Appropriations not less than 3
full business days before such research contracts, grants, cooperative
agreements, or research OTAs are announced by the Department of
Transportation: Provided further, That the Secretary shall transmit to
the House and Senate Committees on Appropriations the report on
pipeline safety testing enhancement as required pursuant to section 105
of the Protecting our Infrastructure of Pipelines and Enhancing Safety
Act of 2020 (division R of Public Law 116-260): Provided further, That
the Secretary may obligate amounts made available under this heading to
engineer, erect, alter, and repair buildings or make any other public
improvements for research facilities at the Transportation Technology
Center after the Secretary submits an updated research plan and the
report in the preceding proviso to the House and Senate Committees on
Appropriations and after such plan and report in the preceding proviso
are approved by the House and Senate Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $46,825,000 shall remain available until
September 30, 2026, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and
5108(g)(2) of title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title 49,
United States Code, and the limitation on obligations provided under
this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C), 5116(h),
5116(i), 5116(j), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$116,452,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App.), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in title
VIII of division J of Public Law 117-58 to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, letter of intent, federally funded cooperative agreement, full
funding grant agreement, or discretionary grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, federally funded cooperative agreement, or full funding
grant agreement is announced by the Department or its operating
administrations: Provided, That the Secretary of Transportation shall
provide the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines of credit,
letters of intent, federally funded cooperative agreements, full
funding grant agreements, and discretionary grants prior to the
notification required under the preceding proviso: Provided further,
That the Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of such reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and such reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 189. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 190. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
23 of the United States Code utilizing geographic, economic, or any
other hiring preference not otherwise authorized by law, or to amend a
rule, regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable statewide transportation improvement program or
transportation improvement program.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
Sec. 192. None of the funds made available in this Act may be used
in contravention of the American Security Drone Act of 2023 (subtitle B
of title XVIII of division A of Public Law 118-31).
This title may be cited as the ``Department of Transportation
Appropriations Act, 2024''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $19,400,000, to
remain available until September 30, 2025: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred
to in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $686,400,000, to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $91,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $129,700,000 shall be available for the Office of the
General Counsel, of which not less than $21,700,000 shall be
for the Departmental Enforcement Center;
(3) $239,000,000 shall be available for the Office of
Administration;
(4) $52,000,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $32,000,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $68,000,000 shall be available for the Office of Field
Policy and Management;
(7) $4,700,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title.
program offices
For necessary salaries and expenses for Program Offices,
$1,097,164,130, to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $286,000,000 shall be available for the Office of
Public and Indian Housing;
(2) $168,514,130 shall be available for the Office of
Community Planning and Development;
(3) $487,550,000 shall be available for the Office of
Housing;
(4) $41,000,000 shall be available for the Office of Policy
Development and Research;
(5) $102,900,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,200,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $28,386,831,000, to remain available until
expended, which shall be available on October 1, 2023 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2023), of which $6,000,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2024:
Provided, That of the sums appropriated under this heading--
(1) $28,490,955,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2024 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under lease
which exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration, which
are instead governed in accordance with the requirements of the
MTW demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further, That
except as provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies
of their annual budget by the latter of 60 days after enactment
of this Act or March 1, 2024: Provided further, That the
Secretary may extend the notification period only after the
House and Senate Committees on Appropriations are notified at
least 10 business days in advance of the extension: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further,
That the Secretary may offset public housing agencies' calendar
year 2024 allocations based on the excess amounts of public
housing agencies' net restricted assets accounts, including
HUD-held programmatic reserves (in accordance with VMS data in
calendar year 2023 that is verifiable and complete), as
determined by the Secretary: Provided further, That public
housing agencies participating in the MTW demonstration shall
also be subject to the offset, as determined by the Secretary,
excluding amounts subject to the single fund budget authority
provisions of their MTW agreements, from the agencies' calendar
year 2024 MTW funding allocation: Provided further, That the
Secretary shall use any offset referred to in the preceding two
provisos throughout the calendar year to prevent the
termination of rental assistance for families as the result of
insufficient funding, as determined by the Secretary, and to
avoid or reduce the proration of renewal funding allocations:
Provided further, That up to $200,000,000 shall be available
only:
(A) for adjustments in the allocations for public
housing agencies, after application for an adjustment
by a public housing agency that experienced a
significant increase, as determined by the Secretary,
in renewal costs of vouchers resulting from unforeseen
circumstances or from portability under section 8(r) of
the Act;
(B) for vouchers that were not in use during the
previous 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the
Act, or an adjustment for a funding obligation not yet
expended in the previous calendar year for a MTW-
eligible activity to develop affordable housing for an
agency added to the MTW demonstration under the
expansion authority provided in section 239 of the
Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L
of Public Law 114-113);
(C) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH)
vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate
rental assistance for families as a result of
insufficient funding;
(E) for adjustments in the allocations for public
housing agencies that--
(i) are leasing a lower-than-average
percentage of their authorized vouchers,
(ii) have low amounts of budget authority
in their net restricted assets accounts and
HUD-held programmatic reserves, relative to
other agencies, and
(iii) are not participating in the Moving
to Work demonstration, to enable such agencies
to lease more vouchers;
(F) for withheld payments in accordance with
section 8(o)(8)(A)(ii) of the Act for months in the
previous calendar year that were subsequently paid by
the public housing agency after the agency's actual
costs were validated; and
(G) for public housing agencies that have
experienced increased costs or loss of units in an area
for which the President declared a disaster under title
IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by the
Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units that
are demolished or disposed of pursuant to section 18 of the
Act, conversion of section 23 projects to assistance under
section 8, relocation of witnesses (including victims of
violent crimes) in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the owner
has received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That of
the amounts made available under this paragraph, no less than
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the Secretary
prior to loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not eligible for
enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by
the Secretary: Provided further, That such tenant protection
assistance made available under the preceding proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the Act: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any
public housing agency to issue any such voucher shall cease to
exist: Provided further, That the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $2,770,935,000 shall be available for administrative
and other expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program, of which
up to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional funds
to administer their section 8 programs, including fees
associated with section 8 tenant protection rental assistance,
the administration of disaster related vouchers, HUD-VASH
vouchers, and other special purpose incremental vouchers:
Provided, That no less than $2,740,935,000 of the amount
provided in this paragraph shall be allocated to public housing
agencies for the calendar year 2024 funding cycle based on
section 8(q) of the Act (and related appropriation Act
provisions) as in effect immediately before the enactment of
the Quality Housing and Work Responsibility Act of 1998 (Public
Law 105-276): Provided further, That if the amounts made
available under this paragraph are insufficient to pay the
amounts determined under the preceding proviso, the Secretary
may decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide full
payment of amounts determined under the preceding proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated under this heading
from prior fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject
to the same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $742,941,000 shall be available for the renewal of
tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses: Provided,
That administrative and other expenses of public housing
agencies in administering the special purpose vouchers in this
paragraph shall be funded under the same terms and be subject
to the same pro rata reduction as the percent decrease for
administrative and other expenses to public housing agencies
under paragraph (3) of this heading: Provided further, That up
to $10,000,000 shall be available only--
(A) for adjustments in the allocation for public
housing agencies, after applications for an adjustment
by a public housing agency that experienced a
significant increase, as determined by the Secretary,
in Mainstream renewal costs resulting from unforeseen
circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the
rental assistance for Mainstream families as a result
of insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by the
Secretary: Provided further, That upon turnover, section 811
special purpose vouchers funded under this heading in this or
prior Acts, or under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) of the amounts provided under paragraph (1), up to
$7,500,000 shall be available for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the utilization
of assistance reported by grant recipients: Provided further,
That such assistance shall be administered in accordance with
program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996 and modeled after
the HUD-VASH program: Provided further, That the Secretary
shall be authorized to waive, or specify alternative
requirements for any provision of any statute or regulation
that the Secretary administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
assistance: Provided further, That grant recipients shall
report to the Secretary on utilization of such rental
assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may
reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under the Tribal HUD-VASH program under
prior Acts to existing recipients under the Tribal HUD-VASH
program;
(6) $15,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding
available, notwithstanding section 203 (competition provision)
of this title, to public housing agencies that partner with
eligible VA Medical Centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as
specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over: Provided further, That of
the total amount made available under this paragraph, up to
$10,000,000 may be for additional fees established by and
allocated pursuant to a method determined by the Secretary for
administrative and other expenses (including those eligible
activities defined by notice to facilitate leasing, such as
security deposit assistance and costs related to the retention
and support of participating owners) of public housing agencies
in administering HUD-VASH vouchers;
(7) $30,000,000 shall be available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be available for new
incremental voucher assistance, which shall continue to
remain available for family unification upon turnover;
and
(B) $25,000,000 shall be available for new
incremental voucher assistance to assist eligible youth
as defined by such section 8(x)(2)(B) of the Act, which
shall continue to remain available for such eligible
youth upon turnover: Provided, That such amounts shall
be available on a noncompetitive basis to public
housing agencies that partner with public child welfare
agencies to identify such eligible youth, that request
such assistance to timely assist such eligible youth,
and that meet any other criteria as specified by the
Secretary: Provided further, That the Secretary shall
review utilization of such assistance and assistance
originating from appropriations made available for
youth under this heading in any prior Act that the
Secretary made available on a noncompetitive basis, at
an interval to be determined by the Secretary, and
unutilized voucher assistance that is no longer needed
based on such review shall be recaptured by the
Secretary and reallocated pursuant to the preceding
proviso:
Provided further, That any public housing agency
administering new incremental voucher assistance originating
from appropriations made available for the family unification
program under this heading in this or any prior Act that the
Secretary made available on a competitive basis that determines
it no longer has an identified need for such assistance upon
turnover shall notify the Secretary, and the Secretary shall
recapture such assistance from the agency and reallocate it to
any other public housing agency or agencies based on need for
voucher assistance in connection with such specified program or
eligible youth, as applicable; and
(8) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2024 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For 2024 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,810,784,000, to remain available until September 30,
2027: Provided, That of the sums appropriated under this heading--
(1) $5,475,784,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2024 payments;
(2) $25,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation in
section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this paragraph, the Secretary shall
provide bonus awards in fiscal year 2024 to public housing
agencies that are designated high performers: Provided
further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of
enactment of this Act;
(4) $30,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs, including
safety and security measures necessary to address crime and
drug-related activity, as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2024: Provided, That of the amount made available under this
paragraph, not less than $10,000,000 shall be for safety and
security measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all
applications received on or before September 30, 2025, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) $65,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments, abatement,
and interim controls, as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold, radon, and
fire safety: Provided, That not less than $25,000,000 of the
amounts provided under this paragraph shall be awarded for
evaluating and reducing lead-based paint hazards, except that
if such amount is undersubscribed any remaining amounts may be
awarded to qualified applicants for other purposes under this
paragraph: Provided further, That for purposes of
environmental review, a grant under this paragraph shall be
considered funds for projects or activities under title I of
the Act for purposes of section 26 of the Act (42 U.S.C. 1437x)
and shall be subject to the regulations implementing such
section; and
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2024, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future.
assisted housing inspections and risk assessments
For the Department's inspection and assessment programs, including
travel, training, and program support contracts, $50,000,000 to remain
available until September 30, 2025: Provided, That unobligated
balances, including recaptures and carryover, remaining from funds
appropriated under the heading ``Public Housing Fund'' to support
ongoing public housing financial and physical assessment activities
shall be available for the purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
choice neighborhoods initiative
For competitive grants under the choice neighborhoods initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) (the ``Act'') unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement housing
needs of both public and HUD-assisted housing and to transform
neighborhoods of poverty into functioning, sustainable, mixed-income
neighborhoods with appropriate services, schools, public assets,
transportation, and access to jobs, $75,000,000, to remain available
until September 30, 2028: Provided, That grant funds may be used for
resident and community services, community development, and affordable
housing needs in the community, and for conversion of vacant or
foreclosed properties to affordable housing: Provided further, That
the use of amounts made available under this heading shall not be
deemed to be for public housing, notwithstanding section 3(b)(1) of the
Act: Provided further, That grantees shall commit to an additional
period of affordability determined by the Secretary of not fewer than
20 years: Provided further, That grantees shall provide a match in
State, local, other Federal, or private funds: Provided further, That
grantees may include local governments, Tribal entities, public housing
agencies, and nonprofit organizations: Provided further, That for-
profit developers may apply jointly with a public entity: Provided
further, That for purposes of environmental review, a grantee shall be
treated as a public housing agency under section 26 of the Act (42
U.S.C. 1437x), and grants made with amounts available under this
heading shall be subject to the regulations issued by the Secretary to
implement such section: Provided further, That of the amounts made
available under this heading, not less than $37,500,000 shall be
awarded to public housing agencies: Provided further, That such
grantees shall create partnerships with other local organizations,
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That
not more than $10,000,000 of the amounts made available under this
heading may be provided as grants to undertake comprehensive local
planning with input from residents and the community: Provided
further, That none of the funds made available under this heading may
be obligated for main street housing grants under section 24(n) of the
Act (42 U.S.C. 1437v(n)): Provided further, That unobligated balances,
including recaptures, remaining from amounts made available under the
heading ``Revitalization of Severely Distressed Public Housing (HOPE
VI)'' in fiscal year 2011 and prior fiscal years may be used for
purposes under this heading, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That the Secretary
shall make grant awards not later than 1 year after the date of
enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the Act (42
U.S.C. 1437v(o)), the Secretary may, until September 30, 2024, obligate
any available unobligated balances made available under this heading in
this or any prior Act.
self-sufficiency programs
For activities and assistance related to self-sufficiency programs,
to remain available until September 30, 2027, $195,500,000: Provided,
That of the sums appropriated under this heading--
(1) $140,500,000 shall be available for the family self-
sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing Act
of 1937 (42 U.S.C. 1437u), to promote the development of local
strategies to coordinate the use of assistance under sections 8
and 9 of such Act with public and private resources, and enable
eligible families to achieve economic independence and self-
sufficiency;
(2) $40,000,000 shall be available for the resident
opportunity and self-sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided, That amounts made available
under this paragraph may be used to renew resident opportunity
and self-sufficiency program grants to allow the public housing
agency, or a new owner, to continue to serve (or restart
service to) residents of a project with assistance converted
from public housing to project-based rental assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or assistance under section 8(o)(13) of such Act under
the heading ``Rental Assistance Demonstration'' in the
Department of Housing and Urban Development Appropriations Act,
2012 (Public Law 112-55), as amended (42 U.S.C. 1437f note);
and
(3) $15,000,000 shall be available for a jobs-plus
initiative, modeled after the jobs-plus demonstration:
Provided, That funding provided under this paragraph shall be
available for competitive grants to partnerships between public
housing authorities, local workforce investment boards
established under section 107 of the Workforce Innovation and
Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the jobs-plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the jobs-plus initiative as
a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
native american programs
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
with respect to Indian tribes, and related training and technical
assistance, $1,344,000,000, to remain available until September 30,
2028: Provided, That of the sums appropriated under this heading--
(1) $1,111,000,000 shall be available for the Native
American housing block grants program, as authorized under
title I of NAHASDA: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Secretary shall notify grantees of their formula allocation not
later than 60 days after the date of enactment of this Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American housing block grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider need
and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That any amounts transferred for
the necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts in prior
Acts may also be used for the necessary costs of administering
and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided, That such costs, including the cost
of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a): Provided further, That amounts made available
in this and prior Acts for the cost of such guaranteed notes
and other obligations that are unobligated, including
recaptures and carryover, may be available to subsidize the
total principal amount of any notes and other obligations, any
part of which is to be guaranteed, not to exceed $50,000,000,
to remain available until September 30, 2025;
(4) $75,000,000 shall be available for grants to Indian
tribes for carrying out the Indian community development block
grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), not more than $5,000,000
may be used for emergencies that constitute imminent threats to
health and safety: Provided, That not to exceed 20 percent of
any grant made with amounts made available in this paragraph
shall be expended for planning and management development and
administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related to
amounts made available under this heading and other headings in
this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available in
this paragraph may be used, contracted, or competed as
determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements
Act of 1977), the amounts made available in this paragraph may
be used by the Secretary to enter into cooperative agreements
with public and private organizations, agencies, institutions,
and other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the allocation
formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,500,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That amounts made available in this
and prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, may be available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $1,800,000,000, to remain
available until September 30, 2025.
native hawaiian housing block grant
For the Native Hawaiian housing block grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
remain available until September 30, 2028: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law: Provided further, That up
to $1,000,000 of the amounts made available under this heading may be
for training and technical assistance related to amounts made available
under this heading and other headings in this Act for the needs of
Native Hawaiians and the Department of Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed
$28,000,000 in total loan principal, to remain available until
September 30, 2025: Provided, That the Secretary may enter into
commitments to guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the housing opportunities for persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $505,000,000, to remain available until September 30,
2027: Provided, That the Secretary shall renew or replace all expiring
contracts for permanent supportive housing that initially were funded
under section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that meet all
program requirements before awarding funds for new contracts under such
section: Provided further, That the process for submitting amendments
and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $6,720,054,336, to remain available until September 30,
2027: Provided, That of the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301 et seq.) (in this heading ``the Act''): Provided,
That not to exceed 20 percent of any grant made with funds made
available under this paragraph shall be expended for planning
and management development and administration: Provided
further, That a metropolitan city, urban county, unit of
general local government, or insular area that directly or
indirectly receives funds under this paragraph may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits, or non-Federal considerations, but shall use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of the
Act, no funds made available under this paragraph may be
provided to a for-profit entity for an economic development
project under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subsection (e)(2) of section 105;
(2) $100,000,000 shall be available for the Secretary to
award grants on a competitive basis to State and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production and preservation:
Provided, That eligible uses of such grants include activities
to further develop, evaluate, and implement housing policy
plans, improve housing strategies, and facilitate affordable
housing production and preservation: Provided further, That
the Secretary shall prioritize applicants that are able to (A)
demonstrate progress and a commitment to overcoming local
barriers to facilitate the increase in affordable housing
production and preservation, primarily by having enacted
improved laws and regulations that the Secretary reasonably
expects to preserve or produce new housing units; and (B)
demonstrate an acute need for housing affordable to households
with incomes below 100 percent of the area median income:
Provided further, That grantees shall report to the Secretary
regularly on their activities and outcomes: Provided further,
That the Secretary shall analyze observable housing production,
preservation, and cost trends in the participating
jurisdictions or geographic areas: Provided further, That
funds allocated for such grants shall not adversely affect the
amount of any formula assistance received by a jurisdiction
under paragraph (1) of this heading: Provided further, That in
administering such amounts the Secretary may waive or specify
alternative requirements for any provision of such title I
except for requirements related to fair housing,
nondiscrimination, labor standards, the environment, and
requirements that activities benefit persons of low- and
moderate-income, upon a finding that any such waivers or
alternative requirements are necessary to expedite or
facilitate the use of such amounts;
(3) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That funds
allocated pursuant to this paragraph shall not adversely affect
the amount of any formula assistance received by a State under
paragraph (1) of this heading: Provided further, That the
Secretary shall allocate the funds for such activities based on
the notice establishing the funding formula published in 84 FR
16027 (April 17, 2019) except that the formula shall use age-
adjusted rates of drug overdose deaths for 2021 based on data
from the Centers for Disease Control and Prevention; and
(4) $3,290,054,336 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and in
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That eligible expenses of such grants in this and
prior Acts may include administrative, planning, operations and
maintenance, and other costs: Provided further, That such
grants for the EDI shall be available for reimbursement of
otherwise eligible expenses incurred on or after the date of
enactment of this Act and prior to the date of grant execution:
Provided further, That none of the amounts made available
under this paragraph for grants for the EDI shall be used for
reimbursement of expenses incurred prior to the date of
enactment of this Act: Provided further, That grants for the
EDI authorized under this heading in the Department of Housing
and Urban Development Appropriations Act, 2022 (Public Law 117-
103) shall also be available hereafter for reimbursement of
otherwise eligible expenses (including those eligible expenses
identified in the first proviso of this paragraph) incurred on
or after the date of enactment of such Act and prior to the
date of grant execution, and shall hereafter not be subject to
the second proviso under such heading in such Act:
Provided further, That for amounts made available under paragraphs
(1) and (3), the Secretary shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2024, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $400,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,250,000,000, to remain available
until September 30, 2027: Provided, That notwithstanding section
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances
remaining from amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made available
under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)): Provided
further, That the Department shall notify grantees of their formula
allocations within 60 days after enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds from
its HOME Investment Trust Fund that otherwise expired or would expire
in any calendar year from 2018 through 2026 under that section:
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in any calendar year from
2018 through 2026 under that section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize manufactured
housing and eligible manufactured housing communities (including pre-
1976 mobile homes) under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$10,000,000, to remain available until September 30, 2028: Provided,
That recipients of grants provided with amounts made available under
this heading shall be States, units of general local government,
resident-owned manufactured housing communities, cooperatives,
nonprofit entities including consortia of nonprofit entities, community
development financial institutions, Indian Tribes (as such term is
defined in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4103)), or other
entities approved by the Secretary: Provided further, That the
Secretary shall reserve an amount for Indian Tribes within such
competition: Provided further, That the Secretary may approve entities
for selection that partner with one or several residents of such
eligible communities or that propose to implement a grant program that
would assist residents of such eligible communities: Provided further,
That eligible uses of such grants may include infrastructure, planning,
resident and community services (including relocation assistance and
eviction prevention), resiliency activities, and providing other
assistance to residents or owners of manufactured homes, which may
include providing assistance for manufactured housing land and site
acquisition: Provided further, That, except as determined by the
Secretary, participation in this program shall not encumber the future
transfer of title or use of property by the residents, owners, or
communities: Provided further, That when selecting recipients, the
Secretary shall prioritize applications that primarily benefit low- or
moderately low-income residents and preserve long-term housing
affordability for residents of manufactured housing or a manufactured
housing community: Provided further, That eligible manufactured
housing communities may include those that are--
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by
the Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That resiliency activities means the
reconstruction, repair, or replacement of manufactured housing and
manufactured housing communities to protect the health and safety of
manufactured housing residents and to address weatherization and energy
efficiency needs, except that for pre-1976 mobile homes, funds made
available under this heading may be used only for replacement:
Provided further, That the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation that the
Secretary administers in connection with the use of amounts made
available under this heading (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment), upon
a finding that such waiver or alternative requirement is necessary to
facilitate the use of such amounts.
self-help and assisted homeownership opportunity program
For the self-help and assisted homeownership opportunity program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $60,000,000, to remain available until
September 30, 2026: Provided, That of the sums appropriated under this
heading--
(1) $12,000,000 shall be available for the self-help
homeownership opportunity program as authorized under such
section 11;
(2) $42,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section 4(a)
of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 shall be for rural capacity
building activities: Provided, That for purposes of awarding
grants from amounts made available in this paragraph, the
Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations; and
(3) $6,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
Tribes serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $4,051,000,000, to remain available until September 30,
2026: Provided, That of the sums appropriated under this heading--
(1) $290,000,000 shall be available for the emergency
solutions grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the emergency solutions grant program
not later than 60 days after enactment of this Act;
(2) $3,544,000,000 shall be available for the continuum of
care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the rural housing stability
assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the continuum of care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary may
make reasonable adjustments to renewal amounts to enable
renewal projects to operate at substantially the same levels,
including cost-of-living adjustments for supportive services
from the prior grant: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to provide
permanent supportive housing and rapid re-housing services:
Provided further, That the Secretary may establish by notice an
alternative maximum amount for administrative costs related to
the requirements described in sections 402(f)(1) and 402(f)(2)
of subtitle A of such title IV of no more than 5 percent or
$50,000, whichever is greater, notwithstanding the 3 percent
limitation in section 423(a)(10) of such subtitle C: Provided
further, That of the amounts made available for the continuum
of care program under this paragraph, $52,000,000 shall be for
grants for new rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible
activities that the Secretary determines to be critical in
order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking, except that the
Secretary may make additional grants for such projects and
purposes from amounts made available for such continuum of care
program: Provided further, That amounts made available for the
continuum of care program under this paragraph and any
remaining unobligated balances under this heading in prior Acts
may be used to competitively or non-competitively renew or
replace grants for youth homeless demonstration projects under
the continuum of care program, notwithstanding any conflict
with the requirements of the continuum of care program;
(3) $10,000,000 shall be available for the national
homeless data analysis project: Provided, That notwithstanding
the provisions of the Federal Grant and Cooperative Agreements
Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be used
by the Secretary to enter into cooperative agreements with such
entities as may be determined by the Secretary, including
public and private organizations, agencies, and institutions;
(4) $107,000,000 shall be available to implement projects
to demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations in
up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system: Provided
further, That of the amount made available under this
paragraph, up to $10,000,000 shall be to provide technical
assistance to communities, including but not limited to the
communities assisted in the preceding proviso and the matter
preceding such proviso, on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of
data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided
under this title: Provided further, That the Secretary may use
up to 10 percent of the amount made available under the
preceding proviso to build the capacity of current technical
assistance providers or to train new technical assistance
providers with verifiable prior experience with systems and
programs for youth experiencing homelessness; and
(5) $100,000,000 shall be available for one-time awards
under the continuum of care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards may
be used for other continuum of care eligible activities
associated with such projects and not more than 10 percent of
such awards may be used for project administration: Provided,
That these amounts shall be awarded on a competitive basis,
based on need and other factors to be determined by the
Secretary, including incentives to establish projects that
coordinate with housing providers, healthcare organizations and
social service providers: Provided further, That not less than
$35,000,000 shall be awarded to applicants for projects within
States with populations less than 2,500,000, except that if
such amount is undersubscribed any remaining amounts may be
awarded to qualified applicants for projects in any State:
Provided further, That the grants for ongoing costs associated
with such projects shall be eligible for renewal under the
continuum of care program subject to the same terms and
conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That persons eligible under section 103(a)(5) of the McKinney-Vento
Homeless Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-housing:
Provided further, That for all matching funds requirements applicable
to funds made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That
none of the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That any unobligated
amounts remaining from funds made available under this heading in
fiscal year 2012 and prior years for project-based rental assistance
for rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal year 2019
or prior years, except for rental assistance amounts that were
recaptured and made available until expended, shall be available for
the current purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$15,610,000,000, to remain available until expended, shall be available
on October 1, 2023 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2023),
of which $2,000,000,000 is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, and
$400,000,000, to remain available until expended, shall be available on
October 1, 2024: Provided, That the amounts made available under this
heading shall be available for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal
of section 8 contracts for units in projects that are subject to
approved plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and assistance funded
under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $468,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based housing assistance
payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
preceding proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $913,000,000 to remain available
until September 30, 2027: Provided, That of the amount made available
under this heading, up to $112,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That any
funding for existing service coordinators under the preceding proviso
shall be provided within 120 days of enactment of this Act: Provided
further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2027: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available, in
addition to the amounts otherwise provided by this heading, for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 5-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $208,000,000, to remain available until
September 30, 2027: Provided, That, upon the request of the Secretary,
project funds that are held in residual receipts accounts for any
project subject to a section 811 project rental assistance contract,
and that upon termination of such contract are in excess of an amount
to be determined by the Secretary, shall be remitted to the Department
and deposited in this account, to remain available until September 30,
2027: Provided further, That amounts deposited in this account
pursuant to the preceding proviso shall be available in addition to the
amounts otherwise provided by this heading for the purposes authorized
under this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds transferred to
or appropriated under this heading shall be used for the current
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $57,500,000, to remain available until September
30, 2025, including up to $4,500,000 for administrative contract
services: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management or literacy,
and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of awarding grants from amounts provided
under this heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $14,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2024 so as to result
in a final fiscal year 2024 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2024
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from
any program participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2025: Provided, That during
fiscal year 2024, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $150,000,000,
to remain available until September 30, 2025: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2024, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2024 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $35,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2025: Provided,
That during fiscal year 2024, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available until
September 30, 2025: Provided, That $54,000,000, to remain available
until September 30, 2025, shall be for necessary salaries and expenses
of the Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2024, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
seq.) shall be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $119,000,000, to remain available
until September 30, 2025: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282; 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan to the
House and Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program: Provided further, That an additional $20,000,000, to
remain available until September 30, 2026, shall be for competitive
grants to nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial activities, trial
activities, post-trial activities and alternative dispute resolution)
at no cost to eligible low-income tenants at risk of or subject to
eviction: Provided further, That in awarding grants under the
preceding proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal assistance
to low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to administer
such assistance: Provided further, That the Secretary shall ensure, to
the extent practicable, that the proportion of eligible tenants living
in rural areas who will receive legal assistance with grant funds made
available under this heading is not less than the overall proportion of
eligible tenants who live in rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $86,355,000, to remain
available until September 30, 2025: Provided, That notwithstanding
section 3302 of title 31, United States Code, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop online courses and provide
such training: Provided further, That none of the funds made available
under this heading may be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $1,355,000 may be available to the
Secretary for the creation and promotion of translated materials and
other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the lead hazard reduction program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), the healthy homes initiative, pursuant to sections
501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 and 1701z-2), and for related activities and assistance,
$345,000,000, to remain available until September 30, 2026: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $200,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $105,000,000 shall
be provided to areas with the highest lead-based paint
abatement need;
(2) $140,000,000 shall be for the healthy homes initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards, and mitigating housing-
related health and safety hazards in housing of low-income
families, of which--
(A) $5,000,000 shall be for the implementation of
projects in communities that are served by both the
healthy homes initiative and the Department of Energy
weatherization programs to demonstrate whether the
coordination of healthy homes remediation activities
with weatherization activities achieves cost savings
and better outcomes in improving the safety and quality
of homes; and
(B) $30,000,000 shall be for grants to experienced
non-profit organizations, States, local governments, or
public housing agencies for safety and functional home
modification repairs and renovations to meet the needs
of low-income seniors to enable them to remain in their
primary residence, of which no less than $10,000,000
shall be available to meet such needs in communities
with substantial rural populations;
(3) $3,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4854, 4854a);
(4) up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the heading
``Research and Technology'' for the purposes of conducting
research and studies and for use in accordance with the
provisos under that heading for non-competitive agreements; and
(5) $2,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
demonstration) in public housing: Provided, That the testing
method, mitigation method, or action level used under the radon
demonstration shall be as specified by applicable State or
local law, if such law is more protective of human health or
the environment than the method or level specified by the
Secretary:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the healthy homes initiative, or the lead technical
studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this
heading, or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary to carry
out the proposed use of funds pursuant to a notice of funding
opportunity: Provided further, That amounts made available under this
heading, in this or prior appropriations Acts, still remaining
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed: Provided
further, That $49,400,000 of the amounts made available under this
heading in this Act from amounts specified in paragraph (2) shall be
derived from unobligated balances from prior year appropriations
available under this heading, which shall continue to be available for
the same time period as originally appropriated.
Information Technology Fund
For Department-wide and program-specific information technology
systems and infrastructure, $383,050,000, to remain available until
September 30, 2026, of which up to $23,950,000 shall be for
development, modernization, and enhancement projects, including
planning for such projects: Provided, That not later than 30 days
after the end of each quarter, the Secretary shall brief the House and
Senate Committees on Appropriations on all information technology
modernization efforts as required in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$152,924,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including rescissions)
(including transfer of funds)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
to investigate or prosecute under the Fair Housing Act any otherwise
lawful activity engaged in by one or more persons, including the filing
or maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2024 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each program
and activity within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees upon
request.
Sec. 208. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2024 and
2025, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with State or Federal requirements for
community integration and reduced concentration of individuals
with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2024, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the Secretary may,
in consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental assistance.
The Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary in connection with the
operating fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 214. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d), (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 215. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2024, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding opportunity (NOFO) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2024, the Secretary may make the NOFO available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
no appropriation for any such office under such headings shall be
increased or decreased by more than 10 percent or $5,000,000, whichever
is less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or successor standard; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies, or those
deficiencies requiring correction within 24 hours, identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to
such units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a passing score, the Secretary may withdraw the Notice of
Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have failing physical inspection scores or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
of the transmittal of the first report.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2024.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, Tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 222. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 223. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2024 for
the continuum of care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one continuum of care program
component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 228. The promise zone designations and promise zone
designation agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 229. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 230. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or
be used to prohibit a public housing agency from using such funds to
carry out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
lead safe housing or lead disclosure rules.
Sec. 231. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (title II of division C of Public Law 112-55),
as most recently amended by Public Law 117-103, is further amended--
(1) in the initial undesignated matter, by striking ``and
`Public Housing Operating Fund''' and inserting ``, `Public
Housing Operating Fund', and `Public Housing Fund''';
(2) in the second proviso, by striking ``2024'' and
inserting ``2029'';
(3) after the fourth proviso, by inserting the following
new provisos: ``Provided further, That at properties with
assistance under section 9 of the Act requesting to partially
convert such assistance, and where an event under section 18 of
the Act occurs that results in the eligibility for tenant
protection vouchers under section 8(o) of the Act, the
Secretary may convert the tenant protection voucher assistance
to assistance under a project-based subsidy contract under
section 8 of the Act, which shall be eligible for renewal under
section 524 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997, or assistance under section 8(o)(13)
of the Act, so long as the property meets any additional
requirements established by the Secretary to facilitate
conversion: Provided further, That to facilitate the conversion
of assistance under the previous proviso, the Secretary may
transfer an amount equal to the total amount that would have
been allocated for tenant protection voucher assistance for
properties that have requested such conversions from amounts
made available for tenant protection voucher assistance under
the heading `Tenant-Based Rental Assistance' to the heading
`Project-Based Rental Assistance': Provided further, That at
properties with assistance previously converted hereunder to
assistance under the heading `Project-Based Rental Assistance,'
which are also separately assisted under section 8(o)(13) of
the Act, the Secretary may, with the consent of the public
housing agency and owner, terminate such project-based subsidy
contracts and immediately enter into one new project-based
subsidy contract under section 8 of the Act, which shall be
eligible for renewal under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997, subject
to the requirement that any residents assisted under section
8(o)(13) of the Act at the time of such termination of such
project-based subsidy contract shall retain all rights accrued
under section 8(o)(13)(E) of the Act under the new project-
based subsidy contract and section 8(o)(13)(F)(iv) of the Act
shall not apply: Provided further, That to carry out the
previous proviso, the Secretary may transfer from the heading
`Tenant-Based Rental Assistance' to the heading `Project-Based
Rental Assistance' an amount equal to the amounts associated
with such terminating contract under section 8(o)(13) of the
Act:'';
(4) in the fourteenth proviso, as reordered above, by--
(A) inserting ```Public Housing Fund', `Self-
Sufficiency Programs', `Family Self-Sufficiency'''
following ```Public Housing Operating Fund',''; and
(B) inserting ``or the ongoing availability of
services for residents'' after ``effective conversion
of assistance under the demonstration'';
(5) after the twenty-fourth proviso, as reordered above, by
inserting the following proviso: ``Provided further, That
owners of properties with a senior preservation rental
assistance contract under section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), shall be eligible, subject to requirements
established by the Secretary as necessary to facilitate the
conversion of assistance while maintaining the affordability
period and the designation of the property as serving elderly
families, and tenant consultation procedures, for conversion of
assistance available for such assistance contracts to
assistance under a long-term project-based subsidy contract
under section 8 of the Act:'';
(6) in the twenty-ninth proviso, as reordered above, by
inserting ``, section 811 of the American Homeownership and
Economic Opportunity Act of 2000,'' after ``Housing Act of
1959''; and
(7) in the thirty-fourth proviso, as reordered above, by
striking ``any section 202 project rental assistance contract
or section 811 project rental assistance contract conversions''
and inserting ``the conversion of assistance from section
202(c)(2) of the Housing Act of 1959, section 811 of the
American Homeownership and Economic Opportunity Act of 2000, or
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act''.
Sec. 232. For fiscal year 2024, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary through the Offices of Public and Indian Housing, Community
Planning and Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have received
for a formula allocation cycle pursuant to applicable statutes and
regulations, the Secretary may adjust for any such funding error in the
next applicable formula allocation cycle by (a) offsetting each such
recipient's formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount of any such
funding error, and (b) reallocating any available balances that are
attributable to the offset to the recipient or recipients that would
have been allocated additional funds in the formula allocation cycle in
which any such error occurred (if such recipient or recipients are
eligible for a formula allocation in the next applicable formula
allocation cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation cycle:
Provided, That all offsets and reallocations from such available
balances shall be recorded against funds available for the next
applicable formula allocation cycle: Provided further, That the term
``next applicable formula allocation cycle'' means the first formula
allocation cycle for a program that is reasonably available for
correction following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving consideration
to all Federal resources available to the recipient for the same grant
purposes, the Secretary determines that the offset in the next
applicable formula allocation cycle would critically impair the
recipient's ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more formula
allocation cycles.
Sec. 233. The Secretary may transfer from amounts made available
for salaries and expenses under this title (excluding amounts made
available under the heading ``Office of Inspector General'') to the
heading ``Information Technology Fund'' for information technology
needs, including for additional development, modernization, and
enhancement, to remain available until September 30, 2026: Provided,
That the total amount of such transfers shall not exceed $5,000,000:
Provided further, That this transfer authority shall not be used to
fund information technology projects or activities that have known out-
year development, modernization, or enhancement costs in excess of
$500,000: Provided further, That the Secretary shall provide
notification to the House and Senate Committees on Appropriations no
fewer than 3 business days in advance of any such transfer.
Sec. 234. The Secretary shall comply with all process
requirements, including public notice and comment, when seeking to
revise any annual contributions contract.
Sec. 235. There is hereby established in the Treasury of the
United States a fund to be known as the ``Department of Housing and
Urban Development Nonrecurring Expenses Fund'' (the Fund): Provided,
That unobligated balances of expired discretionary funds appropriated
for this or any succeeding fiscal year from the General Fund of the
Treasury to the Department of Housing and Urban Development by this or
any other Act may be transferred (not later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which they were appropriated) into the
Fund: Provided further, That amounts deposited in the Fund shall be
available until expended, in addition to such other funds as may be
available for such purposes, for capital needs of the Department,
including facilities infrastructure and information technology
infrastructure, subject to approval by the Office of Management and
Budget: Provided further, That amounts in the Fund may be obligated
only after the House and Senate Committees on Appropriations are
notified at least 15 days in advance of the planned use of funds.
Sec. 236. (a) Of the unobligated balances from amounts made
available under the heading ``Lead Hazard Reduction'' in title II of
division L of the Consolidated Appropriations Act, 2022 (Public Law
117-103), $65,000,000 is hereby permanently rescinded from the amounts
specified in paragraph (1) under such heading (excluding amounts for
areas with the highest lead-based paint abatement needs).
(b) Of the unobligated balances from amounts made available under
the heading ``Public Housing Fund'' in title II of division L of the
Consolidated Appropriations Act, 2023 (Public Law 117-328), $20,000,000
is hereby permanently rescinded from the amounts specified in paragraph
(7) under such heading.
(c) Any unobligated balances (including any unobligated balances of
contract authority) included under Treasury Appropriation Fund Symbols
86 X 0129, 86 X 0148, 86 X 0197, 86 X 0314, 86 X 0315, 86 X 0324, 86 X
0402, 86 X 4058 and 86 X 8093 are hereby permanently rescinded.
(d) Any unobligated balances from amounts made available under the
heading ``Self-Help and Assisted Homeownership Opportunity Program''
for the program authorized under section 1079 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) are hereby permanently rescinded.
Sec. 237. None of the funds made available to the Department of
Housing and Urban Development in this or prior Acts may be used to
issue a solicitation or accept bids on any solicitation that is
substantially equivalent to the draft solicitation entitled ``Housing
Assistance Payments (HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 238. None of the amounts made available in this Act may be
used to consider family self-sufficiency performance measures or
performance scores in determining funding awards for programs receiving
family self-sufficiency program coordinator funding provided in this
Act.
Sec. 239. (a) Funds previously made available in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2019 are to remain available through fiscal year 2025 for
the liquidation of valid obligations incurred in fiscal years 2017
through 2019.
(b) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2020 are to remain available through fiscal year 2026 for
the liquidation of valid obligations incurred in fiscal years 2018
through 2020.
(c) Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2021 are to remain available through fiscal year 2027 for
the liquidation of valid obligations incurred in fiscal years 2019
through 2021.
(d) Funds previously made available in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2022 are to remain available through fiscal year 2028 for
the liquidation of valid obligations incurred in fiscal years 2020
through 2022.
(e) Funds previously made available in the Consolidated
Appropriations Act, 2021 (Public Law 116-260) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2023 are to remain available through fiscal year 2029 for
the liquidation of valid obligations incurred in fiscal years 2021
through 2023.
(f) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for ``Lead Hazard
Reduction'' that were available for obligation through fiscal year 2019
are to remain available through fiscal year 2026 for the liquidation of
valid obligations incurred in fiscal years 2018 through 2019.
Sec. 240. Of the amounts made available for the Office of Policy
Development and Research under the heading ``Program Offices'', up to
$3,500,000, to remain available until September 30, 2026, may be
transferred to the heading ``Information Technology Fund'' to be
available for the needs of the Chief Data Officer, in addition to
amounts otherwise available, including for additional development,
modernization, and enhancement: Provided, That the Secretary shall
notify the House and Senate Committees on Appropriations no fewer than
3 business days in advance of any such transfer.
Sec. 241. Section 239 of division L of the Consolidated
Appropriations Act, 2016 (Public Law 114-113) is amended by striking
``2028'' and inserting ``2038''.
Sec. 242. For fiscal years 2024 and 2025, the Secretary may issue
a 2-year notification of funding opportunity, including any alternative
procedures or requirements as may be necessary to allocate future
appropriations in the second year, for the award of amounts made
available for the continuum of care program under subtitle C of title
IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et
seq.), notwithstanding any conflict with the requirements of the
continuum of care program.
Sec. 243. The Secretary may, upon a finding that a waiver or
alternative requirement is necessary for the effective delivery and
administration of funds made available for new incremental voucher
assistance or renewals for the mainstream program and the family
unification program (including the foster youth to independence
program) in this and prior Acts, waive or specify alternative
requirements, other than requirements related to tenant rights and
protections, rent setting, fair housing, nondiscrimination, labor
standards, and the environment, for--
(1) section 8(o)(6)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists, local
preferences, and the initial term and extensions of tenant-
based vouchers; and
(2) section 8(x)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437f(x)(2)) regarding the timing of referral
of youth leaving foster care.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2024''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,955,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 46107 of title 46, United States Code, including
services as authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles as authorized by section 1343(b) of
title 31, United States Code; and uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code,
$40,000,000, of which $2,000,000 shall remain available until September
30, 2025: Provided, That not to exceed $3,500 shall be for official
reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $29,240,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States Code, by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year 2025,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2025 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code, $140,000,000, of
which not to exceed $1,000 may be used for official reception and
representation expenses.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $158,000,000.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $47,452,000: Provided, That, notwithstanding any other provision
of law, not to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made available
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2024, to result in a final appropriation from the general
fund estimated at not more than $46,202,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,300,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2024, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations:
Provided, That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in this Act, the table
accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), accompanying reports of the House
and Senate Committees on Appropriations, or in the
budget appendix for the respective appropriations,
whichever is more detailed, and shall apply to all
items for which a dollar amount is specified and to all
programs for which new budget (obligational) authority
is provided, as well as to discretionary grants and
discretionary grant allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2024 from appropriations made available for salaries
and expenses for fiscal year 2024 in this Act, shall remain available
through September 30, 2025, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. 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 Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 414. (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. 415. (a) None of the funds made available in 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 that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such 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 Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 418. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 419. (a) In the table of projects in the explanatory statement
referenced in section 417 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2022 (division L
of Public Law 117-103)--
(1) the item relating to ``Midland Center for the Arts only
for structural improvements'' is deemed to be amended by
striking recipient ``City of Midland'' and inserting ``Midland
Center for the Arts'';
(2) the item relating to ``Barren County Fiscal Court--
Chapatcha Industrial Park Development'' is deemed to be amended
by striking project ``Barren County Fiscal Court--Chapatcha
Industrial Park Development'' and inserting ``Barren County
Fiscal Court--Chapatcha Industrial Park or South Cooper
Industrial Park Development'';
(3) the item relating to ``Pasco County Board of County
Commissioners--Rural Northwest Pasco Community Park Site
Acquisition'' is deemed to be amended by striking ``Northwest''
and inserting ``Northeast'';
(4) the item relating to ``Wood County Development
Authority--Site Readiness & Redevelopment Downtown
Parkersburg'' is deemed to be amended by striking ``Wood County
Development Authority--Site Readiness & Redevelopment Downtown
Parkersburg'' and inserting ``Redevelopment of Downtown
Parkersburg'';
(5) the item relating to ``Rosemary's Way Penacook
Affordable Housing'' is deemed to be amended by striking
recipient ``CATCH Neighborhood Housing'' and inserting
``Concord Area Trust for Community Housing'';
(6) the item relating to ``Lead Safe Home Fund'' is deemed
to be amended by striking recipient ``Lead Safe Cleveland
Coalition'' and inserting ``Mt. Sinai Health Care Foundation'';
(7) the item relating to ``Boys & Girls Club in Miami
Gardens'' is deemed to be amended by striking ``Club in Miami
Gardens'' and inserting ``Clubs within the Miami-Dade area'';
(8) the item relating to ``Acquisition of new commercial
space'' is deemed to be amended by striking ``Acquisition of
new commercial space'' and inserting ``Renovation of community
center'';
(9) the item relating to ``North Commons Regional Vision''
is deemed to be amended by striking recipient ``Minneapolis
Park and Recreation Board'' and inserting ``City of
Minneapolis'';
(10) the item relating to ``Electric school bus and
associated electric vehicle (EV) charging infrastructure'' is
deemed to be amended by striking recipient ``Falls Church City
Public Schools'' and inserting ``City of Falls Church'';
(11) the item relating to ``A PLACE 4 ALICE facility
improvement'' is deemed to be amended by striking ``A PLACE 4
ALICE facility improvement'' and inserting ``Affordable Housing
and Community Facilities''; and
(b) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division L of the Consolidated Appropriations Act, 2023 (Public Law
117-328) described in section 4 in the matter preceding division A of
such Act--
(1) the item relating to ``River Road Homes Affordable
Housing Infrastructure'' is deemed to be amended by striking
recipient ``Town of Canaan'' and inserting ``Falls Village
Housing Trust Inc.'';
(2) the item relating to ``The Star Community Family Life
Center'' is deemed to be amended by striking recipient ``The
Star Community Family Life Center'' and inserting ``MSBC Five
Star Program, Inc.'';
(3) the item relating to ``Early Learning Childcare Center
Construction'' (recipient ``The Caring Place'') is deemed to be
amended by striking ``Early Learning Childcare Center
Construction'' and inserting ``CARE Center construction'';
(4) the item relating to ``Upper Bucks Rail Trail'' is
deemed to be amended by striking recipient ``Appalachian
Mountain Club'' and inserting ``The County of Bucks'';
(5) the item relating to ``YMCA & Albion College Initiative
of the Washington Gardner Center Building Renovation and
Expansion'' is deemed to be amended by striking ``YMCA & Albion
College Initiative of the Washington Gardner Center Building
Renovation and Expansion'' and inserting ``Site improvements'';
(6) the item relating to ``Wood County Industrial Site
Readiness and Redevelopment'' is deemed to be amended by
striking ``Wood County Industrial Site Readiness &
Redevelopment'' and inserting ``Redevelopment of Downtown
Parkersburg'';
(7) the item relating to ``B-360 Educational Campus'' is
deemed to be amended by striking ``I Am Mentality, Inc.'' and
inserting ``B-360 Baltimore, Inc.'';
(8) the item relating to ``Riverbrook Regional YMCA'' is
deemed to be amended by striking recipient ``Riverbrook
Regional Young Men's Christian Association, Inc.'' and
inserting ``City of Norwalk'';
(9) the item relating to ``Miami Veterans Housing Project''
is deemed to be amended by striking recipient ``United Way
Miami'' and inserting ``CRC Leadership, Inc.'';
(10) the item relating to ``Supportive Living, Community
Day Services, and Housing Site Project for Adults with
Intellectual and Developmental Disabilities'' is deemed to be
amended by striking ``, Community Day Services, and Housing'';
(11) the item relating to ``Public Library Addition'' is
deemed to be amended by striking ``Addition'' and inserting
``Renovation'';
(12) the item relating to ``Renovation of Snelling Motel to
Affordable Housing for Veterans'' is deemed to be amended by
striking ``Snelling Motel to'' and inserting ``Hotel for'';
(13) the item relating to ``Indigenous Farm Hub'' is deemed
to be amended by striking recipient ``Tides Center'' and
inserting ``Native American Community Academy Inspired Schools
Network (NISN)'';
(14) the item relating to ``El Centro de la Raza--
Pattison's West Community Campus Property Acquisition'' is
deemed to be amended by striking ``El Centro de la Raza--
Pattison's West Community Campus Property Acquisition'' and
inserting ``Pattison's West Community Campus'';
(15) the item relating to ``Road Raising & Flood Resiliency
for Amity Harbor and American Venice Project'' is deemed to be
amended by striking ``Road Raising & Flood Resiliency for Amity
Harbor and American Venice Project'' and inserting ``Town of
Babylon Federal Aid Roadway Improvement Project'';
(16) the item relating to ``Dayton International Airport
(DAY)--Northeast Logistics Access Project'' is amended by
striking ``Dayton International Airport (DAY)--Northeast
Logistics Access Project'' and inserting ``Infrastructure
capital improvements, including street, wastewater and sewer
line improvements'';
(17) the item relating to ``Help Me Grow Skagit Family
Resource Center Expansion'' is deemed to be amended by striking
recipient ``Children's Council of Skagit County'' and inserting
``Children's Museum of Skagit County''; and
(18) the item relating to ``Permanent Supportive Housing
Properties Acquisition'' is deemed to be amended by striking
``Permanent Supportive Housing Properties Acquisition'' and
inserting ``Permanent Supportive Housing Acquisition,
Development and Rehabilitation''.
Sec. 420. None of the funds made available by this Act may be used
by the Secretary of Housing and Urban Development in contravention of
section 312 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155).
Sec. 421. None of the funds made available by this Act to the
Department of Transportation may be used in contravention of section
306108 of title 54, United States Code.
Sec. 422. None of the funds made available by this or any other
Act may be used to require the use of inward facing cameras or require
a motor carrier to register an apprenticeship program with the
Department of Labor as a condition for participation in the safe driver
apprenticeship pilot program.
Sec. 423. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 424. None of the funds made available by this Act may be used
in contravention of existing Federal law regarding non-citizen
eligibility and ineligibility for occupancy in federally assisted
housing or for participation in and assistance under Federal housing
programs, including section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) and title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1601 et seq.).
Sec. 425. Section 127 of title 23, United States Code, is amended
by inserting at the end the following:
``(x) Certain agricultural vehicles in the state of
mississippi.--
``(1) In general.--The State of Mississippi may allow, by
special permit, the operation of a covered agricultural vehicle
on the Interstate System in the State of Mississippi if such
vehicle does not exceed--
``(A) a gross vehicle weight of 88,000 pounds; and
``(B) 110 percent of the maximum weight on any axle
or axle group described in subsection (a)(2), including
any enforcement tolerance.
``(2) Covered agricultural vehicle defined.--In this
subsection, the term `covered agricultural vehicle' means a
vehicle that is transporting unprocessed agricultural crops
used for food, feed or fiber, or raw or unfinished forest
products, including logs, pulpwood, biomass or wood chips.
``(y) Operation of Certain Vehicles in West Virginia.--
``(1) In general.--The State of West Virginia may
allow, by special permit, the operation of a vehicle
that is transporting materials and equipment on the
Interstate System in the State of West Virginia if such
vehicle does not exceed 110 percent of the maximum
weight on any axle or axle group described in
subsection (a)(2), including any enforcement tolerance,
provided the remaining gross vehicle weight
requirements of subsection (a) are met.
``(2) Definition.--In this subsection, the term
`materials and equipment' means materials and equipment
that are used on a project eligible under this
chapter.''.
Sec. 426. None of the funds appropriated or made available by this
division for the Department of Transportation for fiscal year 2024 may
be used to enforce a mask mandate in response to the COVID-19 virus.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2024''.
DIVISION G--OTHER MATTERS
TITLE I--HEALTH AND HUMAN SERVICES
Subtitle A--Public Health Extenders
SEC. 101. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
GME PROGRAMS.
(a) Extension for Community Health Centers.--Section 10503(b)(1)(F)
of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-
2(b)(1)(F)) is amended by striking ``and $536,986,301 for the period
beginning on January 20, 2024, and ending on March 8, 2024'' and
inserting ``$536,986,301 for the period beginning on January 20, 2024,
and ending on March 8, 2024, and $3,592,328,767 for the period
beginning on October 1, 2023, and ending on December 31, 2024''.
(b) Extension for the National Health Service Corps.--Section
10503(b)(2)(I) of the Patient Protection and Affordable Care Act (42
U.S.C. 254b-2(b)(2)(I)) is amended by striking ``and $41,616,438 for
the period beginning on January 20, 2024, and ending on March 8, 2024''
and inserting ``$41,616,438 for the period beginning on January 20,
2024, and ending on March 8, 2024, and $297,013,699 for the period
beginning on October 1, 2023, and ending on December 31, 2024''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--
(1) In general.--Section 340H(g)(1) of the Public Health
Service Act (42 U.S.C. 256h(g)(1)) is amended by striking ``and
$16,982,192 for the period beginning on January 20, 2024, and
ending on March 8, 2024'' and inserting ``$16,982,192 for the
period beginning on January 20, 2024, and ending on March 8,
2024, and $164,136,986 for the period beginning on October 1,
2023, and ending on December 31, 2024''.
(2) Addition to capped amounts.--Section 340H(b)(2) of the
Public Health Service Act (42 U.S.C. 256h(b)(2)) is amended by
adding at the end the following:
``(C) Addition.--Notwithstanding any provision of
this section, for the period beginning on October 1,
2023, and ending on December 31, 2024, the Secretary
may use any amounts made available in any fiscal year
to carry out this section (including amounts recouped
under subsection (f)) to make payments described in
paragraphs (1)(A) and (1)(B), in addition to the total
amount of funds appropriated under subsection (g).''.
(3) Report to congress.--For the period beginning on
October 1, 2023, and ending on December 31, 2024, the Secretary
of Health and Human Services shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report specifying--
(A) the total amount of funds recouped under
subsection (f) of section 340H of the Public Health
Service Act (42 U.S.C. 256h);
(B) the rationale for the funds being recouped; and
(C) the total amount of funds recouped under
subsection (f) of such section 340H that were used
pursuant to subsection (b)(2)(C) of such section 340H
to adjust total payment amounts above the total amounts
appropriated under subsection (g) of such section 340H,
as amended by paragraph (3).
(d) Application of Provisions.--Amounts appropriated pursuant to
the amendments made by this section shall be subject to the
requirements contained in Public Law 117-328 for funds for programs
authorized under sections 330 through 340 of the Public Health Service
Act (42 U.S.C. 254b et seq.).
(e) Conforming Amendment.--Section 3014(h)(4) of title 18, United
States Code, is amended by striking ``and section 101(d) of the Further
Additional Continuing Appropriations and Other Extensions Act, 2024''
and inserting ``section 101(d) of the Further Additional Continuing
Appropriations and Other Extensions Act, 2024, and section 101(d) of
the Consolidated Appropriations Act, 2024''.
SEC. 102. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Extension of Special Diabetes Programs for Type I Diabetes.--
Section 330B(b)(2)(E) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)(E)) is amended by striking ``and $20,136,986 for the period
beginning on January 20, 2024, and ending on March 8, 2024'' and
inserting ``$20,136,986 for the period beginning on January 20, 2024,
and ending on March 8, 2024, and $130,000,000 for the period beginning
on March 9, 2024, and ending on December 31, 2024''.
(b) Extending Funding for Special Diabetes Programs for Indians.--
Section 330C(c)(2)(E) of the Public Health Service Act (42 U.S.C. 254c-
3(c)(2)(E)) is amended by striking ``and $20,136,986 for the period
beginning on January 20, 2024, and ending on March 8, 2024'' and
inserting ``$20,136,986 for the period beginning on January 20, 2024,
and ending on March 8, 2024, and $130,000,000 for the period beginning
on March 9, 2024, and ending on December 31, 2024''.
SEC. 103. NATIONAL HEALTH SECURITY EXTENSIONS.
(a) Section 319(e)(8) of the Public Health Service Act (42 U.S.C.
247d(e)(8)) is amended by striking ``March 8, 2024'' and inserting
``December 31, 2024''.
(b) Section 319L(e)(1)(D) of the Public Health Service Act (42
U.S.C. 247d-7e(e)(1)(D)) is amended by striking ``March 8, 2024'' and
inserting ``December 31, 2024''.
(c) Section 319L-1(b) of the Public Health Service Act (42 U.S.C.
247d-7f(b)) is amended by striking ``March 8, 2024'' and inserting
``December 31, 2024''.
(d)(1) Section 2811A(g) of the Public Health Service Act (42 U.S.C.
300hh-10b(g)) is amended by striking ``March 8, 2024'' and inserting
``December 31, 2024''.
(2) Section 2811B(g)(1) of the Public Health Service Act (42 U.S.C.
300hh-10c(g)(1)) is amended by striking ``March 8, 2024'' and inserting
``December 31, 2024''.
(3) Section 2811C(g)(1) of the Public Health Service Act (42 U.S.C.
300hh-10d(g)(1)) is amended by striking ``March 8, 2024'' and inserting
``December 31, 2024''.
(e) Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``March 8, 2024'' and
inserting ``December 31, 2024''.
Subtitle B--Medicaid
SEC. 201. REQUIREMENT FOR STATE MEDICAID PLANS TO PROVIDE COVERAGE FOR
MEDICATION-ASSISTED TREATMENT.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)(29), by striking ``for the period
beginning October 1, 2020, and ending September 30, 2025,'' and
inserting ``beginning on October 1, 2020,''; and
(2) in subsection (ee)(2), by striking ``for the period
specified in such paragraph, if before the beginning of such
period the State certifies to the satisfaction of the
Secretary'' and inserting ``if such State certifies, not less
than every 5 years and to the satisfaction of the Secretary,''.
(b) Conforming Amendment.--Section 1006(b)(4)(A) of the Substance
Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for
Patients and Communities Act (42 U.S.C. 1396a note) is amended by
striking ``, and before October 1, 2025''.
SEC. 202. COLLECTION AND REPORTING OF COMPREHENSIVE DATA FOR SPECIFIED
POPULATIONS ENROLLED IN MEDICAID AND CHIP.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended by adding at the end the following new section:
``SEC. 1948. COLLECTION AND REPORTING OF COMPREHENSIVE DATA FOR
SPECIFIED POPULATIONS.
``(a) Recurring Analysis and Publication of Health Care Data
Related to Treatment for Substance Use Disorder or a Mental Health
Condition.--
``(1) In general.--The Secretary, on an annual basis, shall
link, analyze, and publish on a publicly available website data
reported by States through the Transformed Medicaid Statistical
Information System (T-MSIS) (or a successor system) relating to
substance use disorder and mental health services provided to
individuals enrolled under a State plan under this title or a
State child health plan under title XXI (or under a waiver of
such plans) who have been diagnosed with a substance use
disorder or mental health condition, including an analysis that
is disaggregated by age. Such enrollee information shall be de-
identified of any personally identifying information, shall
adhere to privacy standards established by the Department of
Health and Human Services, and shall be aggregated to protect
the privacy of enrollees, as necessary.
``(2) Requirements.--The analysis required under paragraph
(1) shall include, at a minimum, the following data for each
State (including, to the extent available, for the District of
Columbia, Puerto Rico, the United States Virgin Islands, Guam,
the Northern Mariana Islands, and American Samoa):
``(A) The number and percentage of individuals
enrolled under the State plan under this title or the
State child health plan under title XXI (or under a
waiver of such plans) in each of the major enrollment
categories (as defined in a public letter from the
Medicaid and CHIP Payment and Access Commission to the
Secretary) who have been diagnosed with--
``(i) a substance use disorder;
``(ii) a mental health condition; or
``(iii) a co-occurring substance use
disorder and mental health condition.
``(B) With respect to individuals enrolled under
the State plan under this title or the State child
health plan under title XXI (or under a waiver of such
plans) who have received a diagnosis described in
subparagraph (A), a list of the substance use disorder
and mental health treatment services, including, to the
extent such data are available, specific adult and
pediatric services by each major type of service, such
as counseling, intensive home-based services, intensive
care coordination, crisis services tailored to children
and youth, peer support services, family-to-family
support, inpatient hospitalization, medication-assisted
treatment, residential treatment, and other appropriate
services as identified by the Secretary, for which
beneficiaries in each State received at least 1 service
under the State plan under this title or the State
child health plan under title XXI (or under a waiver of
such plans).
``(C) With respect to each diagnosis described in
subparagraph (A), the number and percentage of
individuals enrolled under the State plan under this
title or the State child health plan under title XXI
(or under a waiver of such plans) who have such
diagnosis and received services for such diagnosis
under such plan or waiver by each major type of
treatment service listed under subparagraph (B) within
each major setting type, such as outpatient, inpatient,
residential, and other home-based and community-based
settings.
``(D) The number of services provided under the
State plan under this title or the State child health
plan under title XXI (or under a waiver of such plans)
per individual enrolled under such plan or waiver who
has a diagnosis described in subparagraph (A) for each
such diagnosis and each major type of treatment service
listed under subparagraph (B).
``(E) The number and percentage of individuals
enrolled under the State plan under this title or the
State child health plan under title XXI (or under a
waiver of such plans) by major enrollment category, who
have a diagnosis described in subparagraph (A) and
received substance use disorder or mental health
treatment through--
``(i) a Medicaid managed care entity (as
defined in section 1932(a)(1)(B)), including
the number of such individuals who received
such assistance through a prepaid inpatient
health plan (as defined by the Secretary) or a
prepaid ambulatory health plan (as defined by
the Secretary);
``(ii) a fee-for-service payment model; or
``(iii) an alternative payment model, to
the extent available.
``(F) The number and percentage of individuals
enrolled under the State plan under this title or the
State child health plan under title XXI (or under a
waiver of such plans) who have a diagnosis described in
subparagraph (A) and received services for a mental
health condition or a substance use disorder in an
outpatient or community-based or home-based setting
after receiving mental health or substance use disorder
services in an inpatient or residential setting, and
the number of mental health or substance use disorder
services received by such individuals in the outpatient
or community-based or home-based setting.
``(G) The number and percentage of inpatient
admissions in which services for a mental health
condition or substance use disorder were provided to an
individual enrolled under the State plan under this
title or the State child health plan under title XXI
(or under a waiver of such plans) that occurred within
30 days after discharge from a hospital or residential
facility in which services for a mental health
condition or substance use disorder previously were
provided to such individual, disaggregated by each
diagnosis described in subparagraph (A) and type of
facility, to the extent such information is available.
``(H) The number of emergency department visits by
an individual enrolled under the State plan under this
title or the State child health plan under title XXI
(or under a waiver of such plans) who has a diagnosis
described in subparagraph (A) within 7 days of such
individual being discharged from an inpatient stay at a
hospital during which services for a mental health
condition or substance use disorder were provided, or
from a mental health facility, an independent
psychiatric wing of an acute care hospital, an
intermediate care facility for individuals with
intellectual disabilities, or a residential treatment
facility, disaggregated by each diagnosis described in
subparagraph (A) and type of facility, to the extent
such information is available.
``(I) The number and percentage of individuals who
are enrolled under the State plan under this title or
the State child health plan under title XXI (or under a
waiver of such plans) and received an assessment for a
mental health condition.
``(J) The number and percentage of individuals who
are enrolled under the State plan under this title or
the State child health plan under title XXI (or under a
waiver of such plans) and received an assessment for a
substance use disorder.
``(K) The number of mental health services provided
to individuals enrolled under the State plan under this
title or the State child health plan under title XXI
(or under a waiver of such plans) who received an
assessment described in subparagraph (I) in the 30 days
post-assessment.
``(L) The number of substance use disorder
treatment services provided to individuals enrolled
under the State plan under this title or the State
child health plan under title XXI (or under a waiver of
such plans) who received an assessment described in
subparagraph (J) in the 30 days post-assessment.
``(M) Prescription National Drug Code codes, fill
dates, and number of days supply of any covered
outpatient drug (as defined in section 1927(k)(2)) that
was dispensed to an individual enrolled under the State
plan under this title or the State child health plan
under title XXI (or under a waiver of such plans) with
an episode described in subparagraph (G) or (H) during
any period that occurs after the individual's discharge
date defined in subparagraph (G) or (H) (as
applicable), and before the admission date applicable
under subparagraph (G) or the date of the emergency
department visit applicable under subparagraph (H) that
were--
``(i) to treat a mental health condition;
or
``(ii) to treat a substance use disorder.
``(b) Publication.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall make publicly
available the first analysis required by subsection (a).
``(2) Annual updates.--The Secretary shall issue an updated
version of the analysis required under subsection (a) not later
than January 1 of each calendar year.
``(3) Use of t-msis data.--The analysis required under
subsection (a) and updates required under paragraph (4) shall--
``(A) use data and definitions from the T-MSIS data
set that is no more than 12 months old on the date that
the analysis or update is published; and
``(B) as appropriate, include a description with
respect to each State of the quality and completeness
of the data and caveats describing the limitations of
the data reported to the Secretary by the State that is
sufficient to communicate the appropriate uses for the
information.
``(4) Revised publication.--Beginning not later than 3
years after the date of enactment of this section, the
Secretary annually shall publish a revised publication of the
analysis required by subsection (a) that allows for a research-
ready and publicly accessible interface of the publication and
is developed after consultation with stakeholders on the
usability of the data contained in the publication.
``(5) Making t-msis data on substance use disorders and
mental health conditions available to researchers.--
``(A) Requirement to publish system of records
notice.--
``(i) In general.--Subject to subparagraph
(B), the Secretary shall publish in the Federal
Register a system of records notice for the
data specified in clause (ii) for the
Transformed Medicaid Statistical Information
System, in accordance with section 552a(e)(4)
of title 5, United States Code. The notice
shall outline policies that protect the
security and privacy of the data that, at a
minimum, meet the security and privacy policies
of SORN 09-70-0541 for the Medicaid Statistical
Information System.
``(ii) Required data.--The data covered by
the systems of records notice required under
clause (i) shall be sufficient for researchers
and States to analyze the prevalence of
conditions described in subsection (a)(2)(A) in
the Medicaid and Children's Health Insurance
Program beneficiary population and the
treatment of such conditions under Medicaid
across all States (including the District of
Columbia, Puerto Rico, the United States Virgin
Islands, Guam, the Northern Mariana Islands,
and American Samoa), forms of treatment, and
treatment settings.
``(iii) Initiation of data-sharing
activities.--Not later than January 1, 2025,
the Secretary shall initiate the data-sharing
activities outlined in the notice required
under clause (i).
``(B) Satisfaction of requirement through existing
system of records notice.--The Secretary shall not be
required to publish a new system of records notice as
required under subparagraph (A) if, not later than
January 1, 2025, the Secretary determines that the
system of records notice published by the Secretary in
the Federal Register on February 6, 2019 (84 Fed. Reg.
2230), satisfies the requirements described in
subparagraph (A).''.
SEC. 203. MONITORING PRESCRIBING OF ANTIPSYCHOTIC MEDICATIONS.
(a) In General.--Section 1902(oo)(1)(B) of the Social Security Act
(42 U.S.C. 1396a(oo)(1)(B)) is amended--
(1) in the subparagraph heading, by striking ``by
children'';
(2) by striking ``children enrolled'' and inserting
``children generally, children in foster care specifically,
individuals over the age of 18 receiving home and community-
based services (as defined in section 9817(a)(2)(B) of Public
Law 117-2), and individuals over the age of 18 residing in
institutional care settings (including nursing facilities,
intermediate care facilities for individuals with intellectual
disabilities, institutions for mental diseases, inpatient
psychiatric hospitals, and other such institutional care
settings) enrolled''; and
(3) by striking ``not more than the age of 18 years''
through the period at the end and inserting ``subject to the
program, including information with respect to each such
category of children and individuals over the age of 18.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 24 months after the date of enactment
of this Act.
SEC. 204. EXTENSION OF STATE OPTION TO PROVIDE MEDICAL ASSISTANCE FOR
CERTAIN INDIVIDUALS IN INSTITUTIONS FOR MENTAL DISEASES.
(a) Making Permanent State Plan Amendment Option To Provide Medical
Assistance for Certain Individuals Who Are Patients in Certain
Institutions for Mental Diseases.--Section 1915(l)(1) of the Social
Security Act (42 U.S.C. 1396n(l)(1)) is amended by striking ``With
respect to calendar quarters beginning during the period beginning
October 1, 2019, and ending September 30, 2023,'' and inserting ``With
respect to calendar quarters beginning on or after October 1, 2019,''.
(b) Maintenance of Effort Revision.--Section 1915(l)(3) of the
Social Security Act (42 U.S.C. 1396n(l)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``other than under this title from
non-Federal funds'' and all that follows through
``subparagraph (B))'' and inserting ``from non-Federal
funds for items and services (including services
described in subparagraph (B))''; and
(B) by striking ``such items and services'' and all
that follows through the period and inserting ``such
items and services for, at the option of the State--
``(i) fiscal year 2018; or
``(ii) the most recently ended fiscal year
as of the date the State submits a State plan
amendment to the Secretary to provide such
medical assistance in accordance with this
subsection.'';
(2) in subparagraph (B), by striking ``subparagraph
(A)(ii)'' and inserting ``subparagraph (A)''; and
(3) by adding at the end the following new subparagraph:
``(D) Application of maintenance of effort
requirements to certain states.--In the case of a State
with a State plan amendment in effect on September 30,
2023, for the 1-year period beginning on the date of
enactment of this subparagraph, the provisions of
subparagraph (A) shall be applied as if the amendments
to such subparagraph made by the Consolidated
Appropriations Act, 2024 had never been made.''.
(c) Additional Requirements.--
(1) In general.--
(A) General requirements.--Section 1915(l)(4) of
the Social Security Act (42 U.S.C. 1396n(l)(4)) is
amended--
(i) in subparagraph (A), by striking
``through (D)'' and inserting ``through (F)'';
(ii) in subparagraph (B)--
(I) by striking ``Prior to approval
of a State plan amendment under this
subsection, the State shall notify the
Secretary of how the State will
ensure'' and inserting ``The State
shall have in place evidence-based,
substance use disorder-specific
individual placement criteria and
utilization management approaches to
ensure placement of eligible
individuals in an appropriate level of
care, including criteria and approaches
to ensure''; and
(II) by adding at the end the
following sentence: ``The State shall
notify the Secretary at such time and
in such form and manner as the
Secretary shall require of such
criteria and utilization management
approaches.''; and
(iii) by adding at the end the following
new subparagraph:
``(E) Review process.--The State shall, using
nationally recognized substance use disorder-specific
program standards, have in place a process to review
the compliance of eligible institutions for mental
diseases with such program standards specified by the
State.''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply with respect to States
providing medical assistance for items and services
pursuant to a State plan amendment under section
1915(l) of the Social Security Act (42 U.S.C. 1396n(l))
in calendar quarters beginning on or after October 1,
2025.
(2) One-time assessment.--Section 1915(l)(4) of the Social
Security Act (42 U.S.C. 1396n(l)(4)), as amended by paragraph
(1), is further amended by adding at the end the following new
subparagraph:
``(F) Assessment.--
``(i) In general.--The State shall, not
later than 12 months after the approval of a
State plan amendment described in this
subsection (or, in the case of a State that has
such an amendment approved as of September 30,
2023, not later than 12 months after the date
of enactment of this subparagraph), commence an
assessment of--
``(I) the availability of treatment
for individuals enrolled under a State
plan under this title (or waiver of
such plan) in each level of care
described in subparagraph (C),
including how such availability varies
by region of the State; and
``(II) the availability of
medication-assisted treatment and
medically supervised withdrawal
management services for such
individuals, including how such
availability varies by region of the
State.
``(ii) Required completion.--The State
shall complete an assessment described in
clause (i) not later than 12 months after the
date the State commences such assessment.''.
(3) Clarification of levels of care.--Section 1915(l) of
the Social Security Act (42 U.S.C. 1396n(l)) is amended--
(A) in paragraph (4)(C)(ii), by striking ``problems
in Dimensions 1, 2, or 3'' each place it appears and
inserting ``conditions''; and
(B) in paragraph (7), by striking subparagraph (A)
and redesignating subparagraphs (B) through (D) as
subparagraphs (A) through (C), respectively.
(d) Application to Certain States.--Notwithstanding section 430.20
of title 42, Code of Federal Regulations, the Secretary of Health and
Human Services may approve a request to renew a State plan amendment
under section 1915(l) of the Social Security Act (42 U.S.C. 1396n(l))
with an effective date of October 1, 2023, if the State making such
request--
(1) had approval for a State plan amendment under such
section as of September 30, 2023; and
(2) submits the request to renew such amendment not later
than 60 days after the date of enactment of this Act.
SEC. 205. PROHIBITION ON TERMINATION OF ENROLLMENT DUE TO
INCARCERATION.
(a) Medicaid.--
(1) In general.--Section 1902(a)(84)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(84)(A)), as amended by section
5122(a)(2) of the Consolidated Appropriations Act, 2023 (Public
Law 117-328), is further amended--
(A) by striking ``under the State plan'' and
inserting ``under the State plan (or waiver of such
plan)'';
(B) by striking ``who is an eligible juvenile (as
defined in subsection (nn)(2))'';
(C) by striking ``because the juvenile'' and
inserting ``because the individual'';
(D) by striking ``during the period the juvenile''
and inserting ``during the period the individual'';
(E) by inserting ``such an individual who is an
eligible juvenile (as defined in subsection (nn)(2))
and'' after ``or in the case of''; and
(F) by striking ``paragraph (31)'' and inserting
``the last numbered paragraph''.
(2) Effective date.--The amendments made by--
(A) subparagraph (A) of paragraph (1) shall take
effect on the date of the enactment of this Act; and
(B) subparagraphs (B) through (F) of paragraph (1)
shall take effect on January 1, 2026.
(b) CHIP.--
(1) In general.--Section 2102(d)(1)(A) of the Social
Security Act (42 U.S.C. 1397bb(d)(1)(A)) is amended--
(A) by inserting ``or pregnancy-related'' after
``child health'';
(B) by inserting ``or targeted low-income pregnant
woman'' after ``targeted low-income child'';
(C) by inserting ``or pregnant woman'' after
``because the child''; and
(D) by inserting ``or pregnant woman'' after
``during the period the child''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply beginning January 1, 2026.
(c) Technical Corrections.--
(1) Section 1902(nn)(2)(A) of the Social Security Act (42
U.S.C. 1395a(a)(nn)(2)(A)) is amended by striking ``State
plan'' and inserting ``State plan (or waiver of such plan)''.
(2) Section 1902(nn)(3) of the Social Security Act (42
U.S.C. 1396a(nn)(3)), is amended by striking ``paragraph (31)''
and inserting ``the last numbered paragraph''.
(3) Section 5122(a)(1) of the Consolidated Appropriations
Act, 2023 (Public Law 117-328) is amended by striking ``after''
and all that follows through the period at the end and
inserting ``after `or in the case of an eligible juvenile
described in section 1902(a)(84)(D) with respect to the
screenings, diagnostic services, referrals, and targeted case
management services required under such section'.''.
(4) The fifth sentence of section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended by striking
``paragraph (30)'' and inserting ``the last numbered
paragraph''.
SEC. 206. ADDRESSING OPERATIONAL BARRIERS TO PROMOTE CONTINUITY OF CARE
FOR MEDICAID AND CHIP BENEFICIARIES FOLLOWING
INCARCERATION.
(a) State Planning Grants.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall award grants to
States for the purpose of developing operational capabilities
to promote continuity of care for individuals who are inmates
of a public institution and are eligible for medical assistance
under the State Medicaid program or are eligible for child
health assistance or pregnancy-related assistance under the
State CHIP.
(2) Use of funds.--A State may use funds awarded under a
grant under this subsection for activities and expenses related
to complying with the requirement described in section
1902(a)(84)(A) of the Social Security Act (42 U.S.C.
1396a(a)(84)(A)) that a State shall not terminate eligibility
for medical assistance, complying with the requirements of
sections 1902(a)(84)(D) and 2102(d) of the Social Security Act
(42 U.S.C. 1396a(a)(84)(D), 1397bb(d)), or adopting the State
plan options described in the subdivision (A) following the
last numbered paragraph of section 1905(a) and 2110(b)(7) of
the Social Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), or
other activities and expenses to promote continuity of care for
individuals described in paragraph (1). Such activities and
expenses may include--
(A) identifying and addressing operational gaps
with respect to complying with such requirements or
adopting such options, in collaboration with public
institutions, State human services agencies, Medicaid
managed care plans, providers, community-based
organizations, and other stakeholders;
(B) establishing standardized processes and
automated systems for activities that may include, but
are not limited to--
(i) determining whether an individual is
enrolled in a State Medicaid program or State
CHIP at the time such individual becomes an
inmate of a public institution;
(ii) allowing an individual who is an
inmate of a public institution to submit an
application to enroll or renew coverage in a
State Medicaid program or State CHIP prior to
the individual's release from such public
institution;
(iii) facilitating the delivery of medical
assistance under the State Medicaid program or
child health assistance or pregnancy-related
assistance under the State CHIP to an
individual who is eligible for such assistance
while the individual is an inmate of a public
institution, such as by establishing claims
processing and prior authorization request
protocols; and
(iv) in the case of an eligible individual
whose coverage under a State Medicaid program
or State CHIP was suspended while the
individual was an inmate of a public
institution, restoring such coverage upon such
individual's release from the public
institution;
(C) investing in information technology to--
(i) enable bi-directional information
sharing between public institutions, the State
Medicaid and CHIP agencies, and other entities
such as managed care plans and providers (in a
manner consistent with applicable State and
Federal privacy laws), to support care
transitions and coordination of treatment
(including access to care in the community
after release from a public institution); and
(ii) develop indicators to ensure Federal
financial participation for medical assistance
furnished under a State Medicaid program or
child health assistance or pregnancy-related
assistance furnished under a State CHIP is
available only for medical assistance or child
health assistance or pregnancy-related
assistance for items and services for which
such participation is permitted while an
individual is an inmate of a public
institution; and
(D) establishing oversight and monitoring processes
to ensure public institutions and entities with which
they contract are compliant with any applicable
Medicaid and CHIP requirements.
(3) Limitations on use of funds.--A State shall not use
funds from a grant awarded under this subsection to--
(A) provide medical assistance under a State
Medicaid program or child health assistance or
pregnancy-related assistance under a State CHIP to an
individual, or otherwise directly administer health
care services for an individual; or
(B) build prisons, jails, or other carceral
facilities, or pay for prison, jail, or other carceral
facility-related improvements other than those
improvements that are for the direct and primary
purpose of meeting the health care needs of individuals
who are incarcerated and who are eligible for medical
assistance under the State Medicaid program or child
health assistance or pregnancy-related assistance under
the State CHIP.
(4) Allocation of grant funds.--In determining the amount
of a grant to award to a State that applies for a grant under
this subsection, the Secretary shall consider the following
factors, relative to other States applying for grants under
this subsection:
(A) The number of individuals in the State who were
inmates of non-Federal public institutions (such as
State prisons, local and county jails, tribal jails,
and youth correctional or detention facilities) and
were eligible for medical assistance under a State
Medicaid program at any time in calendar year 2022.
(B) The number of non-Federal public institutions
in the State (such as State prisons, local and county
jails, tribal jails, and youth correctional or
detention facilities).
(C) The State's progress in developing,
implementing, and operating initiatives to promote
continuity of care for individuals who are inmates of a
public institution and are eligible for medical
assistance under the State Medicaid program or are
eligible for child health assistance or pregnancy-
related assistance under the State CHIP (with favorable
consideration given to States with less progress in
promoting continuity of care for such individuals).
(5) Appropriation.--There is appropriated to the Secretary
for fiscal year 2024, out of any funds in the Treasury not
otherwise appropriated, $113,500,000, to remain available until
expended, for the purposes of awarding and administering grants
to States under this subsection.
(b) Guidance to Support State Implementation and Operations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue detailed
guidance to States that addresses common implementation and
operational challenges States face in ensuring access to
authorized high-quality, timely, accessible care before,
during, and after incarceration for individuals who are
eligible for medical assistance under a State Medicaid program
or child health assistance or pregnancy-related assistance
under a State CHIP.
(2) Content.--
(A) Compliance with requirements.--The guidance
required under paragraph (1) shall address challenges
States face, or are likely to face, in complying with
the requirement described in section 1902(a)(84)(A) of
the Social Security Act (42 U.S.C. 1396a(a)(84)(A))
that a State shall not terminate eligibility for
medical assistance, complying with the requirements of
sections 1902(a)(84)(D) and 2102(d) of the Social
Security Act (42 U.S.C. 1396a(a)(84)(D), 1397bb(d)),
adopting the State plan options described in the
subdivision (A) following the last numbered paragraph
of section 1905(a) and section 2110(b)(7) of the Social
Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), and
carrying out other activities that are approved by the
Secretary to promote continuity of care for individuals
who are inmates of a public institution and are
eligible for medical assistance under the State
Medicaid program or are eligible for child health
assistance or pregnancy-related assistance under the
State CHIP.
(B) Best practices and strategies.--The guidance
required under paragraph (1) shall include best
practices and strategies States can use to address
implementation and operational challenges related to
the requirements described in subparagraph (A),
including those related to the following:
(i) Implementing modifications to improve
eligibility and enrollment processes,
including, but not limited to, completing
applications for assistance under the State
Medicaid program or the State CHIP on behalf of
inmates, transmitting such applications to
State Medicaid and CHIP agencies, and screening
individuals who are inmates of public
institutions for eligibility for medical
assistance that is authorized to be furnished
to the individual while the individual is such
an inmate.
(ii) Clarifying the availability of
relevant Federal financial participation,
including the administrative match under
sections 1903 and 2105 of the Social Security
Act (42 U.S.C. 1396b, 1397ee), for activities
that directly support efforts to identify and
enroll eligible individuals in State Medicaid
programs and State CHIPs and that directly
support the provision of authorized medical
assistance, child health assistance, or
pregnancy-related assistance, including, but
not limited to, data sharing and exchange, and
other necessary functions.
(iii) Expeditiously conducting screening
for eligibility under State Medicaid programs
and State CHIPs for individuals who are inmates
of a public institution, providing application
and renewal assistance for those who are not
yet enrolled in such programs or whose
eligibility needs to be renewed, and
coordinating reinstatement of coverage under
such programs with managed care enrollment.
(iv) Ensuring that an individual who is an
inmate of a public institution and is eligible
for medical assistance under a State Medicaid
program or for child health assistance or
pregnancy-related assistance under a State CHIP
receives, in a timely fashion, any such
assistance for which Federal financial
participation is authorized, such as, a supply
of medications or prescription refill upon
release and the services required under
sections 1902(a)(84)(D) and 2102(d) of the
Social Security Act (42 U.S.C. 1396a(a)(84)(D),
1397bb(d)).
(v) Establishing community-based provider
networks, including those comprised of case
managers, for purposes of providing continuity
of care to individuals who are eligible for
medical assistance under a State Medicaid
program or child health assistance or
pregnancy-related assistance under a State CHIP
before, during, and after incarceration.
(c) Definitions.--In this section:
(1) Public institution.--The term ``public institution''
has the meaning given that term in section 1902(nn)(3) of the
Social Security Act (42 U.S.C. 1396a(nn)(3)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such
Act.
(4) State chip.--The term ``State CHIP'' means a State
child health plan for child health assistance under title XXI
of the Social Security Act (42 U.S.C. 1397aa et seq.), and
includes any waiver of such a plan.
(5) State medicaid program.--The term ``State Medicaid
program'' means a State plan for medical assistance under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and
includes any waiver of such a plan.
SEC. 207. GUIDANCE RELATING TO IMPROVING THE BEHAVIORAL HEALTH
WORKFORCE AND INTEGRATION OF CARE UNDER MEDICAID AND
CHIP.
(a) Guidance.--Not later than 24 months after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall issue guidance to States
regarding the following:
(1) Opportunities to increase access to the mental health
and substance use disorder care providers that participate in
Medicaid or CHIP, which may include education, training,
recruitment and retention of such providers, with a focus on
improving the capacity of this workforce in rural and
underserved areas by increasing the number, type, and capacity
of providers. The guidance relating to such opportunities shall
include the following:
(A) Best practices from States that have used
authorities under titles XI, XIX, or XXI of the Social
Security Act (42 U.S.C. 1301 et seq., 1396 et seq.,
1397aa et seq.), including initiatives States have
implemented under waivers under section 1115 of such
Act (42 U.S.C. 1315), for such purposes.
(B) Opportunities States can leverage to finance,
support, and expand the availability of providers of
community-based mental health and substance use
disorder services who participate in Medicaid and CHIP
across the continuum of care, including through the
participation of paraprofessionals with behavioral
health expertise, such as clinicians with baccalaureate
degrees and peer support specialists and including best
practices especially pertinent to pediatric care. The
guidance shall include examples of innovative policies
states have adopted to expand access to behavioral
health services; for example, by establishing more
expansive and diverse behavioral health workforce roles
such as certified wellness coaches.
(C) Best practices related to financing,
supporting, and expanding the education and training of
providers of mental health and substance use disorder
services in order to increase the workforce of such
providers who participate in Medicaid and CHIP across
the continuum of care, including innovative public-
private partnerships and including such practices that
are especially pertinent to pediatric care.
(2) Opportunities to promote the integration of mental
health or substance use disorder services with primary care
services. The guidance relating to such opportunities shall
include the following:
(A) An overview of State options for adopting and
expanding value-based payment arrangements and
alternative payment models, including accountable care
organization-like models and other shared savings
programs.
(B) A description of opportunities for States to
use and align existing authorities and resources to
finance the integration of mental health or substance
use disorder services with primary care services,
including with respect to the use of electronic health
records in mental health care settings and in substance
use disorder care settings.
(C) Strategies to support integration of mental
health or substance use disorder services with primary
care services through the use of non-clinical
professionals and paraprofessionals, including peer
support specialists.
(D) Examples of specific strategies and models
designed to support integration of mental health or
substance use disorder services with primary care
services for differing age groups, including children
and youth and individuals over the age of 65, which may
include the collaborative care model or primary care
behavioral health model for behavioral health
integration.
(b) Integration of Mental Health or Substance Use Disorder Services
With Primary Care Services.--For purposes of subsection (a)(2), the
term ``integration of mental health or substance use disorder services
with primary care services'' means any of the following:
(1) The delivery of mental health or substance use disorder
services in a setting that is physically located in the same
practice or building as a primary care setting, or when at
least 1 provider of mental health or substance use disorder
services is available in a primary care setting via telehealth.
(2) The use of behavioral health integration models
primarily intended for pediatric populations with non-severe
mental health needs that are focused on prevention and early
detection and intervention methods through a multidisciplinary
collaborative behavioral health team approach co-managed with
primary care, to include same-day access to family-focused
mental health treatment services.
(3) Having providers of mental health or substance use
disorder services physically co-located in a primary care
setting with same-day visit availability.
(4) Implementing or maintaining enhanced care coordination
or targeted case management which includes regular interactions
between and within care teams.
(5) Providing mental health or substance use disorder
screening and follow-up assessments, interventions, or services
within the same practice or facility as a primary care or
physical service setting.
(6) The use of assertive community treatment that is
integrated with or facilitated by a primary care practice.
(7) Delivery of integrated primary care and mental health
care or substance use disorder care in the home or in
community-based settings for individuals who are recipients of
Medicaid home and community-based services.
SEC. 208. FUNDING FOR IMPLEMENTATION AND OPERATIONS.
There is appropriated to the Secretary of Health and Human Services
for fiscal year 2024, out of any funds in the Treasury not otherwise
appropriated, to remain available until expended--
(1) $5,000,000, for the purpose of carrying out section 203
and the amendments made by such section, and sections 206, and
207; and
(2) $10,000,000 for the recurring collection, analysis, and
publication of health care data under section 1948 of the
Social Security Act, as added by section 202.
SEC. 209. CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES UNDER
MEDICAID.
(a) Definition of Medical Assistance.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended--
(1) in subsection (a)--
(A) in paragraph (30), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (31) as paragraph
(32); and
(C) by inserting after paragraph (30) the following
new paragraph:
``(31) certified community behavioral health clinic
services, as defined in subsection (jj); and''; and
(2) by adding at the end the following new subsection:
``(jj) Certified Community Behavioral Health Clinic Services.--
``(1) In general.--The term `certified community behavioral
health services' means any of the following services when
furnished to an individual as a patient of a certified
community behavioral health clinic (as defined in paragraph
(2)), in a manner reflecting person-centered care and which, if
not available directly through a certified community behavioral
health clinic, may be provided or referred through formal
relationships with other providers:
``(A) Crisis mental health services, including 24-
hour mobile crisis teams, emergency crisis intervention
services, and crisis stabilization.
``(B) Screening, assessment, and diagnosis,
including risk assessment.
``(C) Patient-centered treatment planning or
similar processes, including risk assessment and crisis
planning.
``(D) Outpatient mental health and substance use
services.
``(E) Outpatient clinic primary care screening and
monitoring of key health indicators and health risk.
``(F) Intensive case management services.
``(G) Psychiatric rehabilitation services.
``(H) Peer support and counselor services and
family supports.
``(I) Intensive, community-based mental health care
for members of the armed forces and veterans who are
eligible for medical assistance, particularly such
members and veterans located in rural areas, provided
the care is consistent with minimum clinical mental
health guidelines promulgated by the Veterans Health
Administration, including clinical guidelines contained
in the Uniform Mental Health Services Handbook of such
Administration.
``(2) Certified community behavioral health clinic.--The
term `certified community behavioral health clinic' means an
organization that--
``(A) has been certified by a State as meeting the
criteria established by the Secretary pursuant to
subsection (a) of section 223 of the Protecting Access
to Medicare Act as of January 1, 2024, and any
subsequent updates to such criteria, regardless of
whether the State is carrying out a demonstration
program under this title under subsection (d) of such
section;
``(B) is engaged in furnishing all of the services
described in paragraph (1); and
``(C) agrees, as a condition of the certification
described in subparagraph (A), to furnish to the State
or Secretary any data required as part of ongoing
monitoring of the organization's provision of services,
including encounter data, clinical outcomes data,
quality data, and such other data as the State or
Secretary may require.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to medical assistance furnished on or after the date
of enactment of this Act.
SEC. 210. ELIMINATING CERTAIN DISPROPORTIONATE SHARE HOSPITAL PAYMENT
CUTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)), as amended by section 121 of subtitle B of title I of
division B of the Further Additional Continuing Appropriations and
Other Extensions Act, 2024 (Public Law 118-35), is amended--
(1) in clause (i), by striking ``For the period beginning
March 9, 2024, and ending September 30, 2024, and for each of
fiscal years 2025'' and inserting ``For the period beginning
January 1, 2025, and ending September 30, 2025, and for each of
fiscal years 2026''; and
(2) in clause (ii), by striking ``March 9, 2024, and ending
September 30, 2024, and for each of fiscal years 2025'' and
inserting ``January 1, 2025, and ending September 30, 2025, and
for each of fiscal years 2026''.
SEC. 211. PROMOTING VALUE IN MEDICAID MANAGED CARE.
Section 1903(m)(9)(A) of the Social Security Act (42 U.S.C.
1396b(m)(9)(A)) is amended by striking ``(and before fiscal year
2024)''.
SEC. 212. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C. 1396w-
1(b)(3)(A)), as amended by section 122 of subtitle B of title I of
division B of the Further Additional Continuing Appropriations and
Other Extensions Act, 2024 (Public Law 118-35), is further amended by
striking ``$5,140,428,729'' and inserting ``$0''.
Subtitle C--Medicare
SEC. 301. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT,
AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended--
(1) in the first sentence--
(A) by striking ``and $20,000,000'' and inserting
``$20,000,000''; and
(B) by inserting the following before the period at
the end: ``, and $9,000,000 for the period beginning on
October 1, 2023, and ending on December 31, 2024''; and
(2) in the third sentence, by striking ``and 2023'' and
inserting ``2023, and 2024 and the period beginning on October
1, 2024, and ending on December 31, 2024''.
SEC. 302. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS.
(a) State Health Insurance Assistance Programs.--Subsection
(a)(1)(B) of section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended by section
3306 of the Patient Protection and Affordable Care Act (Public Law 111-
148), section 610 of the American Taxpayer Relief Act of 2012 (Public
Law 112-240), section 1110 of the Pathway for SGR Reform Act of 2013
(Public Law 113-67), section 110 of the Protecting Access to Medicare
Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and
CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
section 1402 of division B of the Continuing Appropriations Act, 2020,
and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
division B of the Further Continuing Appropriations Act, 2020, and
Further Health Extenders Act of 2019 (Public Law 116-69), section 103
of division N of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94), section 3803 of the CARES Act (Public Law 116-
136), section 2203 of the Continuing Appropriations Act, 2021 and Other
Extensions Act (Public Law 116-159), section 1102 of the Further
Continuing Appropriations Act, 2021, and Other Extensions Act (Public
Law 116-215), and section 103 of division CC of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xiii) the following new
clause:
``(xiv) for the period beginning on October
1, 2023, and ending on December 31, 2024,
$18,750,000.''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
119, as so amended, is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xiii) the following new
clause:
``(xiv) for the period beginning on October
1, 2023, and ending on December 31, 2024,
$18,750,000.''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
such section 119, as so amended, is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the comma at the end and
inserting ``; and''; and
(3) by inserting after clause (xiii) the following new
clause:
``(xiv) for the period beginning on October
1, 2023, and ending on December 31, 2024,
$6,250,000.''.
(d) Coordination of Efforts to Inform Older Americans About
Benefits Available Under Federal and State Programs.--Subsection (d)(2)
of such section 119, as so amended, is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xiii) the following new
clause:
``(xiv) for the period beginning on October
1, 2023, and ending on December 31, 2024,
$18,750,000.''.
SEC. 303. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``March 9, 2024'' and inserting
``January 1, 2025''.
SEC. 304. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE
ALTERNATIVE PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act (42
U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``with 2025'' and inserting ``with
2026''; and
(B) by inserting ``, or, with respect to 2026, 1.88
percent'' after ``3.5 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the heading, by striking ``2025''
and inserting ``2026''; and
(ii) in the matter preceding clause (i), by
striking ``2025'' and inserting ``2026'';
(B) in subparagraph (C)--
(i) in the heading, by striking ``2026''
and inserting ``2027''; and
(ii) in the matter preceding clause (i), by
striking ``2026'' and inserting ``2027''; and
(C) in subparagraph (D), by striking ``and 2025''
and inserting ``2025, and 2026''; and
(3) in paragraph (4)(B), by inserting ``, or, with respect
to 2026, 1.88 percent'' after ``3.5 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the
Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), by striking ``2025'' and inserting
``2026''; and
(2) in subclause (III), by striking ``2026'' and inserting
``2027''.
SEC. 305. TEMPORARY PAYMENT INCREASE UNDER THE MEDICARE PHYSICIAN FEE
SCHEDULE TO ACCOUNT FOR EXCEPTIONAL CIRCUMSTANCES AND
ATYPICAL TIMING OF ENACTMENT.
Section 1848(t)(1) of the Social Security Act (42 U.S.C. 1395w-
4(t)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D)--
(A) by striking ``January 1, 2025'' and inserting
``March 9, 2024''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) such services furnished on or after March 9,
2024, and before January 1, 2025, by 2.93 percent.''.
SEC. 306. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT
FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security Act (42
U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``in fiscal year 2025 and subsequent fiscal
years'' and inserting ``during the portion of fiscal year 2025
beginning on January 1, 2025, and ending on September 30, 2025,
and in fiscal year 2026 and subsequent fiscal years'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I)--
(i) by inserting ``or portion of a fiscal
year'' after ``for a fiscal year''; and
(ii) by inserting ``and the portion of
fiscal year 2025 beginning on October 1, 2024,
and ending on December 31, 2024'' after
``through 2024'';
(B) in subclause (III), by inserting ``and the
portion of fiscal year 2025 beginning on October 1,
2024, and ending on December 31, 2024'' after ``through
2024''; and
(C) in subclause (IV), by striking ``fiscal year
2025'' and inserting ``the portion of fiscal year 2025
beginning on January 1, 2025, and ending on September
30, 2025, and fiscal year 2026''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by
inserting ``or during the portion of fiscal year 2025
beginning on October 1, 2024, and ending on December
31, 2024'' after ``through 2024''; and
(B) in clause (ii), by inserting ``and the portion
of fiscal year 2025 beginning on October 1, 2024, and
ending on December 31, 2024'' after ``through 2024''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the provisions
of, including the amendments made by, this section by program
instruction or otherwise.
SEC. 307. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``October 1, 2024'' and
inserting ``January 1, 2025''; and
(2) in clause (ii)(II), by striking ``October 1, 2024'' and
inserting ``January 1, 2025''.
(b) Conforming Amendments.--
(1) Extension of target amount.--Section 1886(b)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended--
(A) in the matter preceding clause (i), by striking
``October 1, 2024'' and inserting ``January 1, 2025'';
and
(B) in clause (iv), by inserting ``and the portion
of fiscal year 2025 beginning on October 1, 2024, and
ending on December 31, 2024,'' after ``through fiscal
year 2024''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 1395ww note) is amended by striking ``or fiscal
year 2000'' and all that follows through ``the Secretary'' and
inserting ``fiscal year 2000 through fiscal year 2024, or the
portion of fiscal year 2025 beginning on October 1, 2024, and
ending on December 31, 2024, the Secretary''.
SEC. 308. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT
UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2032'' and inserting
``2033''; and
(2) in clause (iii), by striking ``2032'' and inserting
``2033''.
SEC. 309. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$2,197,795,056'' and inserting
``$0''.
Subtitle D--Human Services
SEC. 401. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
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 September 30, 2024, in the manner authorized for
fiscal year 2023, 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. 402. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
Activities authorized by part B of title IV of the Social Security
Act shall continue through December 31, 2024, in the manner authorized
for fiscal year 2023, 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. 403. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710), as amended
by section 142 of subtitle D of title I of division B of the Further
Additional Continuing Appropriations and Other Extensions Act, 2024
(Public Law 118-35), is further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``and'' after ``January 19,
2024,'';
(ii) by inserting ``for the period
beginning on March 9, 2024, and ending on
September 30, 2024, and for the period
beginning on October 1, 2024, and ending on
December 31, 2024,'' after ``March 8, 2024,'';
and
(iii) by inserting ``or 2025'' after ``for
fiscal year 2024''; and
(B) in paragraph (2), by inserting ``or 2025''
after ``with respect to fiscal year 2024'' each place
it appears; and
(2) in subsection (f)(1)--
(A) by striking ``and'' before ``for the period
beginning on January 20, 2024,''; and
(B) by striking the period at the end and inserting
``, for the period beginning on March 9, 2024, and
ending on September 30, 2024, an amount equal to the
pro rata portion of the amount appropriated for the
corresponding period for fiscal year 2023, and for the
period beginning on October 1, 2024, and ending on
December 31, 2024, an amount equal to the pro rata
portion of the amount appropriated for the
corresponding period for fiscal year 2024.''.
SEC. 404. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713), as amended
by section 143 of subtitle D of title I of division B of the Further
Additional Continuing Appropriations and Other Extensions Act, 2024
(Public Law 118-35), is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i)--
(i) by striking ``and'' after ``January 19,
2024,''; and
(ii) by inserting ``for the period
beginning on March 9, 2024, and ending on
September 30, 2024, and for the period
beginning on October 1, 2024, and ending on
December 31, 2024,'' after ``March 8, 2024,'';
and
(B) in subparagraph (B)(i)--
(i) by striking ``and'' after ``January 19,
2024,''; and
(ii) by striking the period at the end and
inserting ``, for the period beginning on March
9, 2024, and ending on September 30, 2024, and
for the period beginning on October 1, 2024,
and ending on December 31, 2024.'';
(2) in subsection (c)(3), by inserting ``or 2025'' after
``fiscal year 2024''; and
(3) in subsection (f)--
(A) by striking ``and'' before ``for the period
beginning on January 20, 2024,''; and
(B) by striking ``fiscal year 2023.'' and inserting
``fiscal year 2023, for the period beginning on March
9, 2024, and ending on September 30, 2024, an amount
equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal
year 2023, and for the period beginning on October 1,
2024, and ending on December 31, 2024, an amount equal
to the pro rata portion of the amount appropriated for
the corresponding period for fiscal year 2024.''.
SEC. 405. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C.
701(c)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' after the
semicolon;
(2) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (vii), the following new
clause:
``(viii) $1,500,000 for the portion of fiscal year 2025
before January 1, 2025.''.
TITLE II--AMENDING COMPACTS OF FREE ASSOCIATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Compact of Free Association
Amendments Act of 2024''.
SEC. 202. FINDINGS.
Congress finds the following:
(1) The United States (in accordance with the Trusteeship
Agreement for the Trust Territory of the Pacific Islands, the
United Nations Charter, and the objectives of the international
trusteeship system of the United Nations) fulfilled its
obligations to promote the development of the people of the
Trust Territory toward self-government or independence, as
appropriate, to the particular circumstances of the Trust
Territory and the people of the Trust Territory and the freely
expressed wishes of the people concerned.
(2) The United States, the Federated States of Micronesia,
and the Republic of the Marshall Islands entered into the
Compact of Free Association set forth in section 201 of the
Compact of Free Association Act of 1985 (48 U.S.C. 1901 note;
Public Law 99-239) and the United States and the Republic of
Palau entered into the Compact of Free Association set forth in
section 201 of Public Law 99-658 (48 U.S.C. 1931 note) to
create and maintain a close and mutually beneficial
relationship.
(3) The ``Compact of Free Association, as amended, between
the Government of the United States of America and the
Government of the Federated States of Micronesia'', the
``Compact of Free Association, as amended, between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands'', and related
agreements were signed by the Government of the United States
and the Governments of the Federated States of Micronesia and
the Republic of the Marshall Islands and approved, as
applicable, by section 201 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108-
188).
(4) The ``Agreement between the Government of the United
States of America and the Government of the Republic of Palau
Following the Compact of Free Association Section 432 Review'',
was signed by the Government of the United States and the
Government of the Republic of Palau on September 3, 2010, and
amended on September 19, 2018.
(5) On May 22, 2023, the United States signed the
``Agreement between the Government of the United States of
America and the Government of the Republic of Palau Resulting
From the 2023 Compact of Free Association Section 432 Review''.
(6) On May 23, 2023, the United States signed 3 agreements
related to the U.S.-FSM Compact of Free Association, including
an Agreement to Amend the Compact, as amended, a new fiscal
procedures agreement, and a new trust fund agreement and on
September 28, 2023, the United States signed a Federal Programs
and Services agreement related to the U.S.-FSM Compact of Free
Association.
(7) On October 16, 2023, the United States signed 3
agreements relating to the U.S.-RMI Compact of Free
Association, including an Agreement to Amend the Compact, as
amended, a new fiscal procedures agreement, and a new trust
fund agreement.
SEC. 203. DEFINITIONS.
In this title:
(1) 1986 compact.--The term ``1986 Compact'' means the
Compact of Free Association between the Government of the
United States and the Governments of the Marshall Islands and
the Federated States of Micronesia set forth in section 201 of
the Compact of Free Association Act of 1985 (48 U.S.C. 1901
note; Public Law 99-239).
(2) 2003 amended u.s.-fsm compact.--The term ``2003 Amended
U.S.-FSM Compact'' means the Compact of Free Association
amending the 1986 Compact entitled the ``Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Federated States of
Micronesia'' set forth in section 201(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public
Law 108-188).
(3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended
U.S.-RMI Compact'' means the Compact of Free Association
amending the 1986 Compact entitled ``Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands'' set forth in section 201(b) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C. 1921
note; Public Law 108-188).
(4) 2023 agreement to amend the u.s.-fsm compact.--The term
``2023 Agreement to Amend the U.S.-FSM Compact'' means the
Agreement between the Government of the United States of
America and the Government of the Federated States of
Micronesia to Amend the Compact of Free Association, as
Amended, done at Palikir May 23, 2023.
(5) 2023 agreement to amend the u.s.-rmi compact.--The term
``2023 Agreement to Amend the U.S.-RMI Compact'' means the
Agreement between the Government of the United States of
America and the Government of the Republic of the Marshall
Islands to Amend the Compact of Free Association, as Amended,
done at Honolulu October 16, 2023.
(6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended
U.S.-FSM Compact'' means the 2003 Amended U.S.-FSM Compact, as
amended by the 2023 Agreement to Amend the U.S.-FSM Compact.
(7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended
U.S.-RMI Compact'' means the 2003 Amended U.S.-RMI Compact, as
amended by the 2023 Agreement to Amend the U.S.-RMI Compact.
(8) 2023 u.s.-fsm federal programs and services
agreement.--The term ``2023 U.S.-FSM Federal Programs and
Services Agreement'' means the 2023 Federal Programs and
Services Agreement between the Government of the United States
of America and the Government of the Federated States of
Micronesia, done at Washington September 28, 2023.
(9) 2023 u.s.-fsm fiscal procedures agreement.--The term
``2023 U.S.-FSM Fiscal Procedures Agreement'' means the
Agreement Concerning Procedures for the Implementation of
United States Economic Assistance provided in the 2023 Amended
U.S.-FSM Compact between the Government of the United States of
America and the Government of the Federated States of
Micronesia, done at Palikir May 23, 2023.
(10) 2023 u.s.-fsm trust fund agreement.--The term ``2023
U.S.-FSM Trust Fund Agreement'' means the Agreement between the
Government of the United States of America and the Government
of the Federated States of Micronesia Regarding the Compact
Trust Fund, done at Palikir May 23, 2023.
(11) 2023 u.s.-palau compact review agreement.--The term
``2023 U.S.-Palau Compact Review Agreement'' means the
Agreement between the Government of the United States of
America and the Government of the Republic of Palau Resulting
From the 2023 Compact of Free Association Section 432 Review,
done at Port Moresby May 22, 2023.
(12) 2023 u.s.-rmi fiscal procedures agreement.--The term
``2023 U.S.-RMI Fiscal Procedures Agreement'' means the
Agreement Concerning Procedures for the Implementation of
United States Economic Assistance Provided in the 2023 Amended
Compact Between the Government of the United States of America
and the Government of the Republic of the Marshall Islands,
done at Honolulu October 16, 2023.
(13) 2023 u.s.-rmi trust fund agreement.--The term ``2023
U.S.-RMI Trust Fund Agreement'' means the Agreement between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands Regarding the Compact
Trust Fund, done at Honolulu October 16, 2023.
(14) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Natural Resources of the House
of Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(15) Freely associated states.--The term ``Freely
Associated States'' means--
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(16) Subsidiary agreement.--The term ``subsidiary
agreement'' means any of the following:
(A) The 2023 U.S.-FSM Federal Programs and Services
Agreement.
(B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
(C) The 2023 U.S.-FSM Trust Fund Agreement.
(D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
(E) The 2023 U.S.-RMI Trust Fund Agreement.
(F) Any Federal Programs and Services Agreement in
force between the United States and the Republic of the
Marshall Islands.
(G) Any Federal Programs and Services Agreement in
force between the United States and the Republic of
Palau.
(H) Any other agreement that the United States may
from time-to-time enter into with the Government of the
Federated States of Micronesia, the Government of the
Republic of Palau, or the Government of the Republic of
the Marshall Islands, in accordance with--
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 U.S.-Palau Compact Review
Agreement; or
(iii) the 2023 Amended U.S.-RMI Compact.
(17) U.S.-palau compact.--The term ``U.S.-Palau Compact''
means the Compact of Free Association between the United States
and the Government of Palau set forth in section 201 of Public
Law 99-658 (48 U.S.C. 1931 note).
SEC. 204. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM COMPACT,
2023 AGREEMENT TO AMEND THE U.S.-RMI COMPACT, 2023 U.S.-
PALAU COMPACT REVIEW AGREEMENT, AND SUBSIDIARY
AGREEMENTS.
(a) Federated States of Micronesia.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-FSM
Compact and the 2023 U.S.-FSM Trust Fund Agreement, as
submitted to Congress on June 15, 2023, are approved and
incorporated by reference.
(2) Consent of congress.--Congress consents to--
(A) the 2023 U.S.-FSM Fiscal Procedures Agreement,
as submitted to Congress on June 15, 2023; and
(B) the 2023 U.S.-FSM Federal Programs and Services
Agreement.
(3) Authority of president.--Notwithstanding section 101(f)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921(f)), the President is authorized to bring into
force and implement the agreements described in paragraphs (1)
and (2).
(b) Republic of the Marshall Islands.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-RMI
Compact and the 2023 U.S.-RMI Trust Fund Agreement, as
submitted to Congress on October 17, 2023, are approved and
incorporated by reference.
(2) Consent of congress.--Congress consents to the 2023
U.S.-RMI Fiscal Procedures Agreement, as submitted to Congress
on October 17, 2023.
(3) Authority of president.--Notwithstanding section 101(f)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921(f)), the President is authorized to bring into
force and implement the agreements described in paragraphs (1)
and (2).
(c) Republic of Palau.--
(1) Approval.--The 2023 U.S.-Palau Compact Review
Agreement, as submitted to Congress on June 15, 2023, is
approved.
(2) Authority of president.--The President is authorized to
bring into force and implement the 2023 U.S.-Palau Compact
Review Agreement.
(d) Amendments, Changes, or Termination to Compacts and Certain
Agreements.--
(1) In general.--Any amendment to, change to, or
termination of all or any part of the 2023 Amended U.S.-FSM
Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau
Compact, by mutual agreement or unilateral action of the
Government of the United States, shall not enter into force
until the date on which Congress has incorporated the
applicable amendment, change, or termination into an Act of
Congress.
(2) Additional actions and agreements.--In addition to the
Compacts described in paragraph (1), the requirements of that
paragraph shall apply to--
(A) any action of the Government of the United
States under the 2023 Amended U.S.-FSM Compact, 2023
Amended U.S.-RMI Compact, or U.S.-Palau Compact,
including an action taken pursuant to section 431, 441,
or 442 of the 2023 Amended U.S.-FSM Compact, 2023
Amended U.S.-RMI Compact, or U.S.-Palau Compact; and
(B) any amendment to, change to, or termination
of--
(i) the agreement described in section
462(a)(2) of the 2023 Amended U.S.-FSM Compact;
(ii) the agreement described in section
462(a)(5) of the 2023 Amended U.S.-RMI Compact;
(iii) an agreement concluded pursuant to
section 265 of the 2023 Amended U.S.-FSM
Compact;
(iv) an agreement concluded pursuant to
section 265 of the 2023 Amended U.S.-RMI
Compact;
(v) an agreement concluded pursuant to
section 177 of the 2023 Amended U.S.-RMI
Compact;
(vi) Articles III and IV of the agreement
described in section 462(b)(6) of the 2023
Amended U.S.-FSM Compact;
(vii) Articles III, IV, and X of the
agreement described in section 462(b)(6) of the
2023 Amended U.S.-RMI Compact;
(viii) the agreement described in section
462(h) of the U.S.-Palau Compact; and
(ix) Articles VI, XV, and XVII of the
agreement described in section 462(b)(7) of the
2023 Amended U.S.-FSM Compact and 2023 Amended
U.S.-RMI Compact and section 462(i) of the
U.S.-Palau Compact.
(e) Entry Into Force of Future Amendments to Subsidiary
Agreements.--An agreement between the United States and the Government
of the Federated States of Micronesia, the Government of the Republic
of the Marshall Islands, or the Government of the Republic of Palau
that would amend, change, or terminate any subsidiary agreement or
portion of a subsidiary agreement (other than an amendment to, change
to, or termination of an agreement described in subsection (d)) shall
not enter into force until the date that is 90 days after the date on
which the President has transmitted to the President of the Senate and
the Speaker of the House of Representatives--
(1) the agreement to amend, change, or terminate the
subsidiary agreement;
(2) an explanation of the amendment, change, or
termination;
(3) a description of the reasons for the amendment, change,
or termination; and
(4) in the case of an agreement that would amend, change,
or terminate any agreement described in section 462(b)(3) of
the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-RMI
Compact, a statement by the Secretary of Labor that describes--
(A) the necessity of the amendment, change, or
termination; and
(B) any impacts of the amendment, change, or
termination.
SEC. 205. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the
2023 Amended U.S.-FSM Compact, the United States shall provide
nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal
inspection of illicit drugs and other contraband, to enable the
Government of the Federated States of Micronesia--
(A) to develop and adequately enforce laws of the
Federated States of Micronesia; and
(B) to cooperate with the United States in the
enforcement of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant
to subsection (j) of section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) (as
amended by section 209(j)) may be used in accordance with
section 102(a) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921a(a)).
(b) United States Appointees to Joint Economic Management
Committee.--
(1) In general.--The 3 United States appointees (which are
composed of the United States chair and 2 other members from
the Government of the United States) to the Joint Economic
Management Committee established under section 213 of the 2023
Amended U.S.-FSM Compact (referred to in this subsection as the
``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the
Federal Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of
State, in consultation with the Secretary of the
Treasury.
(B) 1 member shall be appointed by the Secretary of
the Interior, in consultation with the Secretary of the
Treasury.
(C) 1 member shall be appointed by the Interagency
Group on Freely Associated States established under
section 208(d)(1).
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 United States members
of the Committee appointed under paragraph (2) shall be
individuals who--
(A) by reason of knowledge, experience, or
training, are especially qualified in accounting,
auditing, budget analysis, compliance, grant
administration, program management, or international
economics; and
(B) possess not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, grant administration, program management,
or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States member of the
Committee under paragraph (2), the Secretary of the
Interior shall notify the appropriate committees of
Congress that an individual has been appointed as a
voting member of the Committee under that paragraph,
including a statement prepared by the Secretary of the
Interior attesting to the qualifications of the member
described in paragraph (4), subject to subparagraph
(B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior
shall compile information on the member
provided to the Secretary of the Interior by
the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed
under paragraph (2)(C), the Secretary of the
Interior shall compile information on the
member provided to the Secretary of the
Interior by the Interagency Group on Freely
Associated States established under section
208(d)(1) on request of the Secretary of the
Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-FSM Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Federated States of
Micronesia submits to the Committee a report required under the
2023 Amended U.S.-FSM Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
(c) United States Appointees to Joint Trust Fund Committee.--
(1) In general.--The 3 United States voting members (which
are composed of the United States chair and 2 other members
from the Government of the United States) to the Joint Trust
Fund Committee established pursuant to the agreement described
in section 462(b)(5) of the 2023 Amended U.S.-FSM Compact
(referred to in this subsection as the ``Committee'') shall
continue to be officers or employees of the Federal Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term not more than 2 years as follows:
(A) 1 member shall be appointed by the Secretary of
State.
(B) 1 member shall be appointed by the Secretary of
the Interior.
(C) 1 member shall be appointed by the Secretary of
the Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who--
(A) by reason of knowledge, experience, or
training, are especially qualified in accounting,
auditing, budget analysis, compliance, financial
investment, grant administration, program management,
or international economics; and
(B) possess not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, financial investment, grant administration,
program management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States member to the
Committee under paragraph (2), the Secretary of the
Interior shall notify the appropriate committees of
Congress that an individual has been appointed as a
voting member of the Committee under that paragraph,
including a statement attesting to the qualifications
of the member described in paragraph (4), subject to
subparagraph (B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior
shall compile information on the member
provided to the Secretary of the Interior by
the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed
under paragraph (2)(C), the Secretary of the
Interior shall compile information on the
member provided to the Secretary of the
Interior by the Secretary of the Treasury on
request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-FSM Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Federated States of
Micronesia submits to the Committee a report required under the
2023 Amended U.S.-FSM Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
SEC. 206. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC
OF THE MARSHALL ISLANDS.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the
2023 Amended U.S.-RMI Compact, the United States shall provide
nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal
inspection of illicit drugs and other contraband, to enable the
Government of the Republic of the Marshall Islands--
(A) to develop and adequately enforce laws of the
Marshall Islands; and
(B) to cooperate with the United States in the
enforcement of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant
to subsection (j) of section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) (as
amended by section 209(j)) may be used in accordance with
section 103(a) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921b(a)).
(b) Espousal Provisions.--
(1) In general.--Congress reaffirms that--
(A) section 103(g)(1) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(g)(1)) and
section 103(e)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(e)(1)) provided
that ``It is the intention of the Congress of the
United States that the provisions of section 177 of the
Compact of Free Association and the Agreement between
the Government of the United States and the Government
of the Marshall Islands for the Implementation of
Section 177 of the Compact (hereafter in this
subsection referred to as the `Section 177 Agreement')
constitute a full and final settlement of all claims
described in Articles X and XI of the Section 177
Agreement, and that any such claims be terminated and
barred except insofar as provided for in the Section
177 Agreement.''; and
(B) section 103(g)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(g)(2)) and
section 103(e)(2) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(e)(2)) provided
that ``In furtherance of the intention of Congress as
stated in paragraph (1) of this subsection, the Section
177 Agreement is hereby ratified and approved. It is
the explicit understanding and intent of Congress that
the jurisdictional limitations set forth in Article XII
of such Agreement are enacted solely and exclusively to
accomplish the objective of Article X of such Agreement
and only as a clarification of the effect of Article X,
and are not to be construed or implemented separately
from Article X.''.
(2) Effect.--Nothing in the 2023 Agreement to Amend the
U.S.-RMI Compact affects the application of the provisions of
law reaffirmed by paragraph (1).
(c) Certain Section 177 Agreement Provisions.--Congress reaffirms
that--
(1) Article IX of the Agreement Between the Government of
the United States and the Government of the Marshall Islands
for the Implementation of Section 177 of the Compact of Free
Association, done at Majuro June 25, 1983, provided that ``If
loss or damage to property and person of the citizens of the
Marshall Islands, resulting from the Nuclear Testing Program,
arises or is discovered after the effective date of this
Agreement, and such injuries were not and could not reasonably
have been identified as of the effective date of this
Agreement, and if such injuries render the provisions of this
Agreement manifestly inadequate, the Government of the Marshall
Islands may request that the Government of the United States
provide for such injuries by submitting such a request to the
Congress of the United States for its consideration. It is
understood that this Article does not commit the Congress of
the United States to authorize and appropriate funds.''; and
(2) section 3(a) of Article XIII of the agreement described
in paragraph (1) provided that ``The Government of the United
States and the Government of the Marshall Islands shall consult
at the request of either of them on matters relating to the
provisions of this Agreement.''.
(d) United States Appointees to Joint Economic Management and
Financial Accountability Committee.--
(1) In general.--The 2 United States appointees (which are
composed of the United States chair and 1 other member from the
Government of the United States) to the Joint Economic
Management and Financial Accountability Committee established
under section 214 of the 2003 Amended U.S.-RMI Compact
(referred to in this subsection as the ``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the
Federal Government.
(2) Term; appointment.--The 2 United States members of the
Committee described in paragraph (1) shall be appointed for a
term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of
State, in consultation with the Secretary of the
Treasury.
(B) 1 member shall be appointed by the Secretary of
the Interior, in consultation with the Secretary of the
Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--At least 1 United States member of the
Committee appointed under paragraph (2) shall be an individual
who--
(A) by reason of knowledge, experience, or
training, is especially qualified in accounting,
auditing, budget analysis, compliance, grant
administration, program management, or international
economics; and
(B) possesses not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, grant administration, program management,
or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States member under
paragraph (2), the Secretary of the Interior shall
notify the appropriate committees of Congress that an
individual has been appointed as a voting member of the
Committee under that paragraph, including a statement
attesting to the qualifications of the member described
in paragraph (4), subject to subparagraph (B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A), in the case of a
member appointed under paragraph (2)(A), the Secretary
of the Interior shall compile information on the member
provided to the Secretary of the Interior by the
Secretary of State on request of the Secretary of the
Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-RMI Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of the Marshall
Islands submits to the Committee a report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
(e) United States Appointees to Trust Fund Committee.--
(1) In general.--The 3 United States voting members (which
are composed of the United States chair and 2 other members
from the Government of the United States) to the Trust Fund
Committee established pursuant to the agreement described in
section 462(b)(5) of the 2003 Amended U.S.-RMI Compact
(referred to in this subsection as the ``Committee'') shall
continue to be officers or employees of the Federal Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term not more than 5 years as follows:
(A) 1 member shall be appointed by the Secretary of
State.
(B) 1 member shall be appointed by the Secretary of
the Interior.
(C) 1 member shall be appointed by the Secretary of
the Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who--
(A) by reason of knowledge, experience, or
training, are especially qualified in accounting,
auditing, budget analysis, compliance, financial
investment, grant administration, program management,
or international economics; and
(B) possess not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, financial investment, grant administration,
program management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States Member under
paragraph (2), the Secretary of the Interior shall
notify the appropriate committees of Congress that an
individual has been appointed as a voting member of the
Committee under that paragraph, including a statement
attesting to the qualifications of the appointee
described in paragraph (4), subject to subparagraph
(B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior
shall compile information on the member
provided to the Secretary of the Interior by
the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed
under paragraph (2)(C), the Secretary of the
Interior shall compile information on the
member provided to the Secretary of the
Interior by the Secretary of the Treasury on
request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-RMI Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of the Marshall
Islands submits to the Committee a report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
(f) Four Atoll Health Care Program.--Congress reaffirms that--
(1) section 103(j)(1) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(h)(1)) provided that services ``provided by the United
States Public Health Service or any other United States agency
pursuant to section 1(a) of Article II of the Agreement for the
Implementation of Section 177 of the Compact (hereafter in this
subsection referred to as the `Section 177 Agreement') shall be
only for services to the people of the Atolls of Bikini,
Enewetak, Rongelap, and Utrik who were affected by the
consequences of the United States nuclear testing program,
pursuant to the program described in Public Law 95-134 and
Public Law 96-205 and their descendants (and any other persons
identified as having been so affected if such identification
occurs in the manner described in such public laws). Nothing in
this subsection shall be construed as prejudicial to the views
or policies of the Government of the Marshall Islands as to the
persons affected by the consequences of the United States
nuclear testing program.'';
(2) section 103(j)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(2)) and section 103(h)(2) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(h)(2)) provided that ``at the end of the first year after
the effective date of the Compact and at the end of each year
thereafter, the providing agency or agencies shall return to
the Government of the Marshall Islands any unexpended funds to
be returned to the Fund Manager (as described in Article I of
the Section 177 Agreement) to be covered into the Fund to be
available for future use.''; and
(3) section 103(j)(3) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(3)) and section 103(h)(3) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(h)(3)) provided that ``the Fund Manager shall retain the
funds returned by the Government of the Marshall Islands
pursuant to paragraph (2) of this subsection, shall invest and
manage such funds, and at the end of 15 years after the
effective date of the Compact, shall make from the total amount
so retained and the proceeds thereof annual disbursements
sufficient to continue to make payments for the provision of
health services as specified in paragraph (1) of this
subsection to such extent as may be provided in contracts
between the Government of the Marshall Islands and appropriate
United States providers of such health services.''.
(g) Radiological Health Care Program.--Notwithstanding any other
provision of law, on the request of the Government of the Republic of
the Marshall Islands, the President (through an appropriate department
or agency of the United States) shall continue to provide special
medical care and logistical support for the remaining members of the
population of Rongelap and Utrik who were exposed to radiation
resulting from the 1954 United States thermonuclear ``Bravo'' test,
pursuant to Public Law 95-134 (91 Stat. 1159) and Public Law 96-205 (94
Stat. 84).
(h) Agricultural and Food Programs.--
(1) In general.--Congress reaffirms that--
(A) section 103(h)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(2)) and
section 103(f)(2)(A) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(A))
provided that notwithstanding ``any other provision of
law, upon the request of the Government of the Marshall
Islands, for the first fifteen years after the
effective date of the Compact, the President (either
through an appropriate department or agency of the
United States or by contract with a United States firm
or by a grant to the Government of the Republic of the
Marshall Islands which may further contract only with a
United States firm or a Republic of the Marshall
Islands firm, the owners, officers and majority of the
employees of which are citizens of the United States or
the Republic of the Marshall Islands) shall provide
technical and other assistance without reimbursement,
to continue the planting and agricultural maintenance
program on Enewetak; without reimbursement, to continue
the food programs of the Bikini, Rongelap, Utrik, and
Enewetak people described in section 1(d) of Article II
of the Subsidiary Agreement for the Implementation of
Section 177 of the Compact and for continued waterborne
transportation of agricultural products to Enewetak
including operations and maintenance of the vessel used
for such purposes.'';
(B) section 103(h)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(2)) and
section 103(f)(2)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(B))
provided that ``The President shall ensure the
assistance provided under these programs reflects the
changes in the population since the inception of such
programs.''; and
(C) section 103(h)(3) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(3)) and
section 103(f)(3) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(f)(3)) provided
that ``payments under this subsection shall be provided
to such extent or in such amounts as are necessary for
services and other assistance provided pursuant to this
subsection. It is the sense of Congress that after the
periods of time specified in paragraphs (1) and (2) of
this subsection, consideration will be given to such
additional funding for these programs as may be
necessary.''.
(2) Planting and agricultural maintenance program.--The
Secretary of the Interior may provide grants to the Government
of the Republic of the Marshall Islands to carry out a planting
and agricultural maintenance program on Bikini, Enewetak,
Rongelap, and Utrik.
(3) Food programs.--The Secretary of Agriculture may
provide, without reimbursement, food programs to the people of
the Republic of the Marshall Islands.
SEC. 207. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC
OF PALAU.
(a) Bilateral Economic Consultations.--United States participation
in the annual economic consultations referred to in Article 8 of the
2023 U.S.-Palau Compact Review Agreement shall be by officers or
employees of the Federal Government.
(b) Economic Advisory Group.--
(1) Qualifications.--A member of the Economic Advisory
Group described in Article 7 of the 2023 U.S.-Palau Compact
Review Agreement (referred to in this subsection as the
``Advisory Group'') who is appointed by the Secretary of the
Interior shall be an individual who, by reason of knowledge,
experience, or training, is especially qualified in private
sector business development, economic development, or national
development.
(2) Funds.--With respect to the Advisory Group, the
Secretary of the Interior may use available funds for--
(A) the costs of the 2 members of the Advisory
Group designated by the United States in accordance
with Article 7 of the 2023 U.S.-Palau Compact Review
Agreement;
(B) 50 percent of the costs of the 5th member of
the Advisory Group designated by the Secretary of the
Interior in accordance with the Article described in
subparagraph (A); and
(C) the costs of--
(i) technical and administrative assistance
for the Advisory Group; and
(ii) other support necessary for the
Advisory Group to accomplish the purpose of the
Advisory Group.
(3) Reports to congress.--Not later than 90 days after the
date on which the Advisory Group receives or completes any
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after the date on
which the Government of the Republic of Palau completes any
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(2) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of Palau submits a
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit to the appropriate committees of
Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
SEC. 208. OVERSIGHT PROVISIONS.
(a) Authorities and Duties of the Comptroller General of the United
States.--
(1) In general.--The Comptroller General of the United
States (including any duly authorized representative of the
Comptroller General of the United States) shall have the
authorities necessary to carry out the responsibilities of the
Comptroller General of the United States under--
(A) the 2023 Amended U.S.-FSM Compact and related
subsidiary agreements, including the authorities and
privileges described in section 102(b) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C.
1921a(b));
(B) the 2023 Amended U.S.-RMI Compact and related
subsidiary agreements, including the authorities and
privileges described in section 103(k) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(k)); and
(C) the 2023 U.S.-Palau Compact Review Agreement,
related subsidiary agreements, and the authorities
described in appendix D of the ``Agreement between the
Government of the United States of America and the
Government of the Republic of Palau Following the
Compact of Free Association Section 432 Review'' signed
by the United States and the Republic of Palau on
September 3, 2010.
(2) Reports.--Not later than 18 months after the date of
the enactment of this Act, and every 4 years thereafter, the
Comptroller General of the United States shall submit to the
appropriate committees of Congress a report with respect to the
Freely Associated States, including addressing--
(A) the topics described in subparagraphs (A)
through (E) of section 104(h)(1) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921c(h)(1)), except that for purposes of a report
submitted under this paragraph, the report shall
address those topics with respect to each of the Freely
Associated States; and
(B) the effectiveness of administrative oversight
by the United States of the Freely Associated States.
(b) Secretary of the Interior Oversight Authority.--The Secretary
of the Interior shall have the authority necessary to fulfill the
responsibilities for monitoring and managing the funds appropriated to
the Compact of Free Association account of the Department of the
Interior by section 211(a) to carry out--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; and
(4) subsidiary agreements.
(c) Postmaster General Oversight Authority.--The Postmaster General
shall have the authority necessary to fulfill the responsibilities for
monitoring and managing the funds appropriated to the United States
Postal Service under paragraph (1) of section 211(b) and deposited in
the Postal Service Fund under paragraph (2)(A) of that section to carry
out--
(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(3) section 221(a)(2) of the U.S.-Palau Compact; and
(4) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(d) Interagency Group on Freely Associated States.--
(1) Establishment.--The President, in consultation with the
Secretary of State, the Secretary of the Interior, and the
Secretary of Defense, shall establish an Interagency Group on
Freely Associated States (referred to in this subsection as the
``Interagency Group'').
(2) Purpose.--The purposes of the Interagency Group are--
(A) to coordinate development and implementation of
executive branch policies, programs, services, and
other activities in or relating to the Freely
Associated States; and
(B) to provide policy guidance, recommendations,
and oversight to Federal agencies, departments, and
instrumentalities with respect to the implementation
of--
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 Amended U.S.-RMI Compact; and
(iii) the 2023 U.S.-Palau Compact Review
Agreement.
(3) Membership.--The Interagency Group shall consist of--
(A) the Secretary of State, who shall serve as co-
chair of the Interagency Group;
(B) the Secretary of the Interior, who shall serve
as co-chair of the Interagency Group;
(C) the Secretary of Defense;
(D) the Secretary of the Treasury;
(E) the heads of relevant Federal agencies,
departments, and instrumentalities carrying out
obligations under--
(i) sections 131 and 132 of the 2003
Amended U.S.-FSM Compact and subsections (a)
and (b) of section 221 and section 261 of the
2023 Amended U.S.-FSM Compact;
(ii) sections 131 and 132 of the 2003
Amended U.S.-RMI Compact and subsections (a)
and (b) of section 221 and section 261 of the
2023 Amended U.S.-RMI Compact;
(iii) sections 131 and 132 and subsections
(a) and (b) of section 221 of the U.S.-Palau
Compact;
(iv) Article 6 of the 2023 U.S.-Palau
Compact Review Agreement;
(v) any applicable subsidiary agreement;
and
(vi) section 209; and
(F) the head of any other Federal agency,
department, or instrumentality that the Secretary of
State or the Secretary of the Interior may designate.
(4) Duties of secretary of state and secretary of the
interior.--The Secretary of State (or a senior official
designee of the Secretary of State) and the Secretary of the
Interior (or a senior official designee of the Secretary of the
Interior) shall--
(A) co-lead and preside at a meeting of the
Interagency Group not less frequently than annually;
(B) determine, in consultation with the Secretary
of Defense, the agenda for meetings of the Interagency
Group; and
(C) facilitate and coordinate the work of the
Interagency Group.
(5) Duties of the interagency group.--The Interagency Group
shall--
(A) provide advice on the establishment or
implementation of policies relating to the Freely
Associated States to the President, acting through the
Office of Intergovernmental Affairs, in the form of a
written report not less frequently than annually;
(B) obtain information and advice relating to the
Freely Associated States from the Presidents, other
elected officials, and members of civil society of the
Freely Associated States, including through the members
of the Interagency Group (including senior official
designees of the members) meeting not less frequently
than annually with any Presidents of the Freely
Associated States who elect to participate;
(C) at the request of the head of any Federal
agency (or a senior official designee of the head of a
Federal agency) who is a member of the Interagency
Group, promptly review and provide advice on a policy
or policy implementation action affecting 1 or more of
the Freely Associated States proposed by the Federal
agency, department, or instrumentality; and
(D) facilitate coordination of relevant policies,
programs, initiatives, and activities involving 1 or
more of the Freely Associated States, including
ensuring coherence and avoiding duplication between
programs, initiatives, and activities conducted
pursuant to a Compact with a Freely Associated State
and non-Compact programs, initiatives, and activities.
(6) Reports.--Not later than 1 year after the date of the
enactment of this Act and each year thereafter in which a
Compact of Free Association with a Freely Associated State is
in effect, the President shall submit to the majority leader
and minority leader of the Senate, the Speaker and minority
leader of the House of Representatives, and the appropriate
committees of Congress a report that describes the activities
and recommendations of the Interagency Group during the
applicable year.
(e) Federal Agency Coordination.--The head of any Federal agency
providing programs and services to the Federated States of Micronesia,
the Republic of the Marshall Islands, or the Republic of Palau shall
coordinate with the Secretary of the Interior and the Secretary of
State regarding the provision of the programs and services.
(f) Foreign Loans or Debt.--Congress reaffirms that--
(1) the foreign loans or debt of the Government of the
Federated States of Micronesia, the Government of the Republic
of the Marshall Islands, or the Government of the Republic of
Palau shall not constitute an obligation of the United States;
and
(2) the full faith and credit of the United States
Government shall not be pledged for the payment and performance
of any foreign loan or debt referred to in paragraph (1)
without specific further authorization.
(g) Compact Compilation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall submit a
report to the appropriate committees of Congress that includes a
compilation of the Compact of Free Association with the Federated State
of Micronesia, the Compact of Free Association with the Republic of
Palau, and the Compact of Free Association with Republic of the
Marshall Islands.
(h) Publication; Revision by Office of the Law Revision Counsel.--
(1) Publication.--In publishing this title in slip form and
in the United States Statutes at Large pursuant to section 112
of title 1, United States Code, the Archivist of the United
States shall include after the date of approval at the end an
appendix setting forth the text of--
(A) the 2023 Agreement to Amend the U.S.-FSM
Compact; and
(B) the 2023 Agreement to Amend the U.S.-RMI
Compact.
(2) Revision by office of the law revision counsel.--The
Office of the Law Revision Counsel is directed to revise--
(A) the 2003 Amended U.S.-FSM Compact set forth in
the note following section 1921 of title 48, United
States Code, to reflect the amendments to the 2003
Amended U.S.-FSM Compact made by the 2023 Agreement to
Amend the U.S.-FSM Compact; and
(B) the 2003 Amended U.S.-RMI Compact set forth in
the note following section 1921 of title 48, United
States Code, to reflect the amendments to the 2003
Amended U.S.-RMI Compact made by the 2023 Agreement to
Amend the U.S.-RMI Compact.
SEC. 209. UNITED STATES POLICY REGARDING THE FREELY ASSOCIATED STATES.
(a) Authorization for Veterans' Services.--
(1) Definition of freely associated states.--In this
subsection, the term ``Freely Associated States'' means--
(A) the Federated States of Micronesia, during such
time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during
such time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it
is a party to the Compact of Free Association between
the United States and the Government of Palau set forth
in section 201 of Joint Resolution entitled ``Joint
Resolution to approve the `Compact of Free Association'
between the United States and the Government of Palau,
and for other purposes'' (Public Law 99-658; 48 U.S.C.
1931 note).
(2) Hospital care, medical services, and nursing home care
abroad.--Section 1724 of title 38, United States Code, is
amended--
(A) in subsection (a), by striking ``subsections
(b) and (c)'' and inserting ``subsections (b), (c), and
(f)''; and
(B) by adding at the end the following:
``(f)(1)(A) The Secretary may furnish hospital care and medical
services in the Freely Associated States, subject to agreements the
Secretary shall enter into with the governments of the Freely
Associated States as described in section 209(a)(4)(A) of the Compact
of Free Association Amendments Act of 2024, and subject to subparagraph
(B), to a veteran who is otherwise eligible to receive hospital care
and medical services.
``(B) The agreements described in subparagraph (A) shall
incorporate, to the extent practicable, the applicable laws of the
Freely Associated States and define the care and services that can be
legally provided by the Secretary in the Freely Associated States.
``(2) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and medical
services through--
``(A) contracts or other agreements;
``(B) reimbursement; or
``(C) the direct provision of care by health care personnel
of the Department.
``(3) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and medical
services for any condition regardless of whether the condition is
connected to the service of the veteran in the Armed Forces.
``(4)(A) A veteran who has received hospital care or medical
services in a country pursuant to this subsection shall remain
eligible, to the extent determined advisable and practicable by the
Secretary, for hospital care or medical services in that country
regardless of whether the country continues to qualify as a Freely
Associated State for purposes of this subsection.
``(B) If the Secretary determines it is no longer advisable or
practicable to allow veterans described in subparagraph (A) to remain
eligible for hospital care or medical services pursuant to such
subparagraph, the Secretary shall--
``(i) provide direct notice of that determination to such
veterans; and
``(ii) publish that determination and the reasons for that
determination in the Federal Register.
``(5) In this subsection, the term `Freely Associated States'
means--
``(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act of
1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201 of
Joint Resolution entitled `Joint Resolution to approve the
``Compact of Free Association'' between the United States and
the Government of Palau, and for other purposes' (Public Law
99-658; 48 U.S.C. 1931 note).''.
(3) Beneficiary travel.--Section 111 of title 38, United
States Code, is amended by adding at the end the following:
``(h)(1) Notwithstanding any other provision of law, the Secretary
may make payments to or for any person traveling in, to, or from the
Freely Associated States for receipt of care or services authorized to
be legally provided by the Secretary in the Freely Associated States
under section 1724(f)(1) of this title.
``(2) A person who has received payment for travel in a country
pursuant to this subsection shall remain eligible for payment for such
travel in that country regardless of whether the country continues to
qualify as a Freely Associated State for purposes of this subsection.
``(3) The Secretary shall prescribe regulations to carry out this
subsection.
``(4) In this subsection, the term `Freely Associated States'
means--
``(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act of
1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201 of
Joint Resolution entitled `Joint Resolution to approve the
``Compact of Free Association'' between the United States and
the Government of Palau, and for other purposes' (Public Law
99-658; 48 U.S.C. 1931 note).''.
(4) Legal issues.--
(A) Agreements to furnish care and services.--
(i) In general.--Before delivering hospital
care or medical services under subsection (f)
of section 1724 of title 38, United States
Code, as added by paragraph (2)(B), the
Secretary of Veterans Affairs, in consultation
with the Secretary of State, shall enter into
agreements with the governments of the Freely
Associated States to--
(I) facilitate the furnishing of
health services, including telehealth,
under the laws administered by the
Secretary of Veterans Affairs to
veterans in the Freely Associated
States, such as by addressing--
(aa) licensure,
certification, registration,
and tort issues relating to
health care personnel;
(bb) the scope of health
services the Secretary may
furnish, as well as the means
for furnishing such services;
and
(cc) matters relating to
delivery of pharmaceutical
products and medical surgical
products, including delivery of
such products through the
Consolidated Mail Outpatient
Pharmacy of the Department of
Veterans Affairs, to the Freely
Associated States;
(II) clarify the authority of the
Secretary of Veterans Affairs to pay
for tort claims as set forth under
subparagraph (C); and
(III) clarify authority and
responsibility on any other matters
determined relevant by the Secretary of
Veterans Affairs or the governments of
the Freely Associated States.
(ii) Scope of agreements.--The agreements
described in clause (i) shall incorporate, to
the extent practicable, the applicable laws of
the Freely Associated States and define the
care and services that can be legally provided
by the Secretary of Veterans Affairs in the
Freely Associated States.
(iii) Report to congress.--
(I) In general.--Not later than 90
days after entering into an agreement
described in clause (i), the Secretary
of Veterans Affairs shall submit the
agreement to the appropriate committees
of Congress.
(II) Appropriate committees of
congress defined.--In this clause, the
term ``appropriate committees of
Congress'' means--
(aa) the Committee on
Energy and Natural Resources,
the Committee on Foreign
Relations, and the Committee on
Veterans' Affairs of the
Senate; and
(bb) the Committee on
Natural Resources, the
Committee on Foreign Affairs,
and the Committee on Veterans'
Affairs of the House of
Representatives.
(B) Licensure of health care professionals
providing treatment via telemedicine in the freely
associated states.--Section 1730C(a) of title 38,
United States Code, is amended by striking ``any
State'' and inserting ``any State or any of the Freely
Associated States (as defined in section 1724(f) of
this title)''.
(C) Payment of claims.--The Secretary of Veterans
Affairs may pay tort claims, in the manner authorized
in the first paragraph of section 2672 of title 28,
United States Code, when such claims arise in the
Freely Associated States in connection with furnishing
hospital care or medical services or providing medical
consultation or medical advice to a veteran under the
laws administered by the Secretary, including through a
remote or telehealth program.
(5) Outreach and assessment of options.--During the 1-year
period beginning on the date of enactment of this Act, the
Secretary of Veterans Affairs shall, subject to the
availability of appropriations--
(A) conduct robust outreach to, and engage with,
each government of the Freely Associated States;
(B) assess options for the delivery of care through
the use of authorities provided pursuant to the
amendments made by this subsection; and
(C) increase staffing as necessary to conduct
outreach under subparagraph (A).
(b) Authorization of Education Programs.--
(1) Eligibility.--For fiscal year 2024 and each fiscal year
thereafter, the Government of the United States shall--
(A) continue to make available to the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau, grants for services
to individuals eligible for such services under part B
of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) to the extent that those services
continue to be available to individuals in the United
States;
(B) continue to make available to the Federated
States of Micronesia and the Republic of the Marshall
Islands and make available to the Republic of Palau,
competitive grants under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the
Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.), and part D of the
Individuals with Disabilities Education Act (20 U.S.C.
1450 et seq.), to the extent that those grants continue
to be available to State and local governments in the
United States;
(C) continue to make grants available to the
Republic of Palau under part A of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.), the Adult Education and Family
Literacy Act (29 U.S.C. 3271 et seq.), and the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.);
(D) continue to make available to eligible
institutions of higher education in the Republic of
Palau and make available to eligible institutions of
higher education in the Federated States of Micronesia
and the Republic of the Marshall Islands and to
students enrolled in those institutions of higher
education, and to students who are citizens of the
Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau and
enrolled in institutions of higher education in the
United States and territories of the United States,
grants under--
(i) subpart 1 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a
et seq.);
(ii) subpart 3 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070b
et seq.); and
(iii) part C of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087-51 et
seq.);
(E) require, as a condition of eligibility for a
public institution of higher education in any State (as
defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003)) that is not a Freely Associated
State to participate in or receive funds under any
program under title IV of such Act (20 U.S.C. 1070 et
seq.), that the institution charge students who are
citizens of the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of
Palau tuition for attendance at a rate that is not
greater than the rate charged for residents of the
State in which such public institution of higher
education is located; and
(F) continue to make available, to eligible
institutions of higher education, secondary schools,
and nonprofit organizations in the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau, competitive grants under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(2) Other formula grants.--Except as provided in paragraph
(1), the Secretary of Education shall not make a grant under
any formula grant program administered by the Department of
Education to the Federated States of Micronesia, the Republic
of the Marshall Islands, or the Republic of Palau.
(3) Grants to the freely associated states under part b of
the individuals with disabilities education act.--Section
611(b)(1) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(b)(1)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Funds reserved.--From the amount appropriated
for any fiscal year under subsection (i), the Secretary
shall reserve not more than 1 percent, which shall be
used as follows:
``(i) To provide assistance to the outlying
areas in accordance with their respective
populations of individuals aged 3 through 21.
``(ii)(I) To provide each freely associated
State a grant so that no freely associated
State receives a lesser share of the total
funds reserved for the freely associated State
than the freely associated State received of
those funds for fiscal year 2023.
``(II) Each freely associated State shall establish
its eligibility under this subparagraph consistent with
the requirements for a State under section 612.
``(III) The funds provided to each freely
associated State under this part may be used to
provide, to each infant or toddler with a disability
(as defined in section 632), either a free appropriate
public education, consistent with section 612, or early
intervention services consistent with part C,
notwithstanding the application and eligibility
requirements of sections 634(2), 635, and 637.''.
(4) Technical amendments to the elementary and secondary
education act of 1965.--The Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(A) by striking subparagraph (A) of section
1121(b)(1) (20 U.S.C. 6331(b)(1)) and inserting the
following:
``(A) first reserve $1,000,000 for the Republic of
Palau, subject to such terms and conditions as the
Secretary may establish, except that Public Law 95-134,
permitting the consolidation of grants, shall not
apply; and''; and
(B) in section 8101 (20 U.S.C. 7801), by amending
paragraph (36) to read as follows:
``(36) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States
Virgin Islands; and
``(B) for the purpose of any discretionary grant
program under this Act, includes the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau, to the extent that any such
grant program continues to be available to State and
local governments in the United States.''.
(5) Technical amendment to the compact of free association
amendments act of 2003.--Section 105(f)(1)(B) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)) is amended by striking clause (ix).
(6) Head start programs.--
(A) Definitions.--Section 637 of the Head Start Act
(42 U.S.C. 9832) is amended, in the paragraph defining
the term ``State'', by striking the second sentence and
inserting ``The term `State' includes the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.''.
(B) Allotment of funds.--Section 640(a)(2)(B) of
the Head Start Act (42 U.S.C. 9835(a)(2)(B)) is
amended--
(i) in clause (iv), by inserting ``the
Republic of Palau,'' before ``and the Virgin
Islands''; and
(ii) by amending clause (v) to read as
follows:
``(v) if a base grant has been established
through appropriations for the Federated States
of Micronesia or the Republic of the Marshall
Islands, to provide an amount for that
jurisdiction (for Head Start agencies
(including Early Head Start agencies) in the
jurisdiction) that is equal to the amount
provided for base grants for such jurisdiction
under this subchapter for the prior fiscal
year, by allotting to each agency described in
this clause an amount equal to that agency's
base grant for the prior fiscal year; and''.
(7) Coordination required.--The Secretary of the Interior,
in coordination with the Secretary of Education and the
Secretary of Health and Human Services, as applicable, shall,
to the maximum extent practicable, coordinate with the 3 United
States appointees to the Joint Economic Management Committee
described in section 205(b)(1) and the 2 United States
appointees to the Joint Economic Management and Financial
Accountability Committee described in section 206(d)(1) to
avoid duplication of economic assistance for education provided
under section 261(a)(1) of the 2023 Amended U.S.-FSM Compact or
section 261(a)(1) of the 2023 Amended U.S.-RMI Compact of
activities or services provided under--
(A) the Head Start Act (42 U.S.C. 9831 et seq.);
(B) subpart 3 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b et seq.); or
(C) part C of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087-51 et seq.).
(c) Authorization of Department of Defense Programs.--
(1) Department of defense medical facilities.--The
Secretary of Defense shall make available, on a space available
and reimbursable basis, the medical facilities of the
Department of Defense for use by citizens of the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau, who are properly referred to the
facilities by government authorities responsible for provision
of medical services in the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
the affected jurisdictions (as defined in section 104(e)(2) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c(e)(2))).
(2) Participation by secondary schools in the armed
services vocational aptitude battery student testing program.--
It is the sense of Congress that the Department of Defense may
extend the Armed Services Vocational Aptitude Battery (ASVAB)
Student Testing Program and the ASVAB Career Exploration
Program to selected secondary schools in the Federated States
of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau to the extent such programs are available to
Department of Defense dependent secondary schools established
under section 2164 of title 10, United States Code, and located
outside the United States.
(d) Judicial Training.--In addition to amounts provided under
section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023
Amended U.S.-RMI Compact and under subsections (a) and (b) of Article 1
of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal
years 2024 through 2043, the Secretary of the Interior shall use the
amounts made available to the Secretary of the Interior under section
211(c) to train judges and officials of the judiciary in the Federated
States of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau, in cooperation with the Pacific Islands Committee of
the judicial council of the ninth judicial circuit of the United
States.
(e) Eligibility for the Republic of Palau.--
(1) National health service corps.--The Secretary of Health
and Human Services shall make the services of the National
Health Service Corps available to the residents of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau to the same extent, and for
the same duration, as services are authorized to be provided to
persons residing in any other areas within or outside the
United States.
(2) Additional programs and services.--The Republic of
Palau shall be eligible for the programs and services made
available to the Federated States of Micronesia and the
Republic of the Marshall Islands under section 108(a) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921g(a)).
(3) Programs and services of certain agencies.--In addition
to the programs and services set forth in the operative Federal
Programs and Services Agreement between the United States and
the Republic of Palau, the programs and services of the
following agencies shall be made available to the Republic of
Palau:
(A) The Legal Services Corporation.
(B) The Public Health Service.
(C) The Rural Housing Service.
(f) Compact Impact Fairness.--
(1) In general.--Section 402 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612)
is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(N) Exception for citizens of freely associated
states.--With respect to eligibility for benefits for
any specified Federal program, paragraph (1) shall not
apply to any individual who lawfully resides in the
United States in accordance with section 141 of the
Compacts of Free Association between the Government of
the United States and the Governments of the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.''; and
(B) in subsection (b)(2)(G)--
(i) in the subparagraph heading, by
striking ``medicaid exception for'' and
inserting ``exception for''; and
(ii) by striking ``the designated Federal
program defined in paragraph (3)(C) (relating
to the Medicaid program)'' and inserting ``any
designated Federal program''.
(2) Exception to 5-year wait requirement.--Section
403(b)(3) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)(3)) is amended by
striking ``, but only with respect to the designated Federal
program defined in section 402(b)(3)(C)''.
(3) Definition of qualified alien.--Section 431(b)(8) of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641(b)(8)) is amended by striking ``,
but only with respect to the designated Federal program defined
in section 402(b)(3)(C) (relating to the Medicaid program)''.
(g) Consultation With International Financial Institutions.--The
Secretary of the Treasury, in coordination with the Secretary of the
Interior and the Secretary of State, shall consult with appropriate
officials of the Asian Development Bank and relevant international
financial institutions (as defined in section 1701(c) of the
International Financial Institutions Act (22 U.S.C. 262r(c))), as
appropriate, with respect to overall economic conditions in, and the
activities of other providers of assistance to, the Freely Associated
States.
(h) Chief of Mission.--Section 105(b) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(b)) is amended by
striking paragraph (5) and inserting the following:
``(5) Pursuant to section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927), all United States Government executive
branch employees in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau
fall under the authority of the respective applicable chief of
mission, except for employees identified as excepted from the
authority under Federal law or by Presidential directive.''.
(i) Establishment of a Unit for the Freely Associated States in the
Bureau of East Asian and Pacific Affairs of the Department of State and
Increasing Personnel Focused on Oceania.--
(1) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(2) Requirements.--The Secretary of State shall--
(A) assign additional full-time equivalent
personnel to the Office of Australia, New Zealand, and
Pacific Island Affairs of the Bureau of East Asian and
Pacific Affairs of the Department of State, including
to the unit established under subparagraph (B), as the
Secretary of State determines to be appropriate, in
accordance with paragraph (4)(A); and
(B) establish a unit in the Bureau of East Asian
and Pacific Affairs of the Department of State to carry
out the functions described in paragraph (3).
(3) Functions of unit.--The unit established under
paragraph (2)(B) shall be responsible for the following:
(A) Managing the bilateral and regional relations
with the Freely Associated States.
(B) Supporting the Secretary of State in leading
negotiations relating to the Compacts of Free
Association with the Freely Associated States.
(C) Coordinating, in consultation with the
Department of the Interior, the Department of Defense,
and other interagency partners as appropriate,
implementation of the Compacts of Free Association with
the Freely Associated States.
(4) Full-time equivalent employees.--The Secretary of State
shall--
(A) not later than 5 years after the date of
enactment of this Act, assign to the Office of
Australia, New Zealand, and Pacific Island Affairs of
the Bureau of East Asian and Pacific Affairs, including
to the unit established under paragraph (2)(B), not
less than 4 additional full-time equivalent staff, who
shall not be dual-hatted, including by considering--
(i) the use of existing flexible hiring
authorities, including Domestic Employees
Teleworking Overseas (DETOs); and
(ii) the realignment of existing personnel,
including from the United States Mission in
Australia, as appropriate;
(B) reduce the number of vacant foreign service
positions in the Pacific Island region by establishing
an incentive program within the Foreign Service for
overseas positions related to the Pacific Island
region; and
(C) report to the appropriate congressional
committees on progress toward objectives outlined in
this subsection beginning 1 year from the date of the
enactment of this Act and annually thereafter for 5
years.
(j) Technical Assistance.--Section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) is amended by
striking subsection (j) and inserting the following:
``(j) Technical Assistance.--
``(1) In general.--Technical assistance may be provided
pursuant to section 224 of the 2023 Amended U.S.-FSM Compact,
section 224 of the 2023 Amended U.S.-RMI Compact, or section
222 of the U.S.-Palau Compact (as those terms are defined in
section 203 of the Compact of Free Association Amendments Act
of 2024) by Federal agencies and institutions of the Government
of the United States to the extent the assistance shall be
provided to States, territories, or units of local government.
``(2) Historic preservation.--
``(A) In general.--Any technical assistance
authorized under paragraph (1) that is provided by the
Forest Service, the Natural Resources Conservation
Service, the United States Fish and Wildlife Service,
the National Marine Fisheries Service, the United
States Coast Guard, the Advisory Council on Historic
Preservation, the Department of the Interior, or any
other Federal agency providing assistance under
division A of subtitle III of title 54, United States
Code, may be provided on a nonreimbursable basis.
``(B) Grants.--During the period in which the 2023
Amended U.S.-FSM Compact (as so defined) and the 2023
Amended U.S.-RMI Compact (as so defined) are in force,
the grant programs under division A of subtitle III of
title 54, United States Code, shall continue to apply
to the Federated States of Micronesia and the Republic
of the Marshall Islands in the same manner and to the
same extent as those programs applied prior to the
approval of the U.S.-FSM Compact and U.S.-RMI Compact.
``(3) Additional funds.--Any funds provided pursuant to
this subsection, subsections (c), (g), (h), (i), (k), (l), and
(m), section 102(a), and subsections (a), (b), (f), (g), (h),
and (j) of section 103 shall be in addition to, and not charged
against, any amounts to be paid to the Federated States of
Micronesia or the Republic of the Marshall Islands pursuant
to--
``(A) the U.S.-FSM Compact;
``(B) the U.S.-RMI Compact; or
``(C) any related subsidiary agreement.''.
(k) Continuing Trust Territory Authorization.--The authorization
provided by the Act of June 30, 1954 (68 Stat. 330, chapter 423), shall
remain available after the effective date of the 2023 Amended U.S.-FSM
Compact and the 2023 Amended U.S.-RMI Compact with respect to the
Federated States of Micronesia and the Republic of the Marshall Islands
for transition purposes, including--
(1) completion of projects and fulfillment of commitments
or obligations;
(2) termination of the Trust Territory Government and
termination of the High Court;
(3) health and education as a result of exceptional
circumstances;
(4) ex gratia contributions for the populations of Bikini,
Enewetak, Rongelap, and Utrik; and
(5) technical assistance and training in financial
management, program administration, and maintenance of
infrastructure.
(l) Technical Amendments.--
(1) Public health service act definition.--Section 2(f) of
the Public Health Service Act (42 U.S.C. 201(f)) is amended by
striking ``and the Trust Territory of the Pacific Islands'' and
inserting ``the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau''.
(2) Compact impact amendments.--Section 104(e) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921c(e)) is amended--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking
``beginning in fiscal year 2003'' and inserting
``during the period of fiscal years 2003
through 2023''; and
(ii) in subparagraph (C), by striking
``after fiscal year 2003'' and inserting ``for
the period of fiscal years 2004 through 2023'';
(B) by striking paragraph (5); and
(C) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
SEC. 210. ADDITIONAL AUTHORITIES.
(a) Agencies, Departments, and Instrumentalities.--
(1) In general.--Appropriations to carry out the
obligations, services, and programs described in paragraph (2)
shall be made directly to the Federal agencies, departments,
and instrumentalities carrying out the obligations, services
and programs.
(2) Obligations, services, and programs described.--The
obligations, services, and programs referred to in paragraphs
(1) and (3) are the obligations, services, and programs under--
(A) sections 131 and 132, paragraphs (1) and (3)
through (6) of section 221(a), and section 221(b) of
the 2023 Amended U.S.-FSM Compact;
(B) sections 131 and 132, paragraphs (1) and (3)
through (6) of section 221(a), and section 221(b) of
the 2023 Amended U.S.-RMI Compact;
(C) sections 131 and 132 and paragraphs (1), (3),
and (4) of section 221(a) of the U.S.-Palau Compact;
(D) Article 6 of the 2023 U.S.-Palau Compact Review
Agreement; and
(E) section 209.
(3) Authority.--The heads of the Federal agencies,
departments, and instrumentalities to which appropriations are
made available under paragraph (1) as well as the Federal
Deposit Insurance Corporation shall--
(A) have the authority to carry out any activities
that are necessary to fulfill the obligations,
services, and programs described in paragraph (2); and
(B) use available funds to carry out the activities
under subparagraph (A).
(b) Additional Assistance.--Any assistance provided pursuant to
section 105(j) of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921d(j)) (as amended by section 209(j)) and sections
205(a), 206(a), 207(b), and 209 shall be in addition to and not charged
against any amounts to be paid to the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau
pursuant to--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; or
(4) any related subsidiary agreement.
(c) Remaining Balances.--Notwithstanding any other provision of
law, including section 109 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921h)--
(1) remaining balances appropriated to carry out sections
211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact,
shall be programmed pursuant to Article IX of the 2023 U.S.-FSM
Fiscal Procedures Agreement; and
(2) remaining balances appropriated to carry out sections
211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact,
shall be programmed pursuant to Article XI of the 2023 U.S.-RMI
Fiscal Procedures Agreement.
(d) Grants.--Notwithstanding any other provision of law--
(1) contributions under the 2023 Amended U.S.-FSM Compact,
the 2023 U.S.-Palau Compact Review Agreement, and the 2023
Amended U.S.-RMI Compact may be provided as grants for purposes
of implementation of the 2023 Amended U.S.-FSM Compact, the
2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended
U.S.-RMI Compact under the laws of the United States; and
(2) funds appropriated pursuant to section 211 may be
deposited in interest-bearing accounts and any interest earned
may be retained in and form part of those accounts for use
consistent with the purpose of the deposit.
(e) Rule of Construction.--Except as specifically provided, nothing
in this title or the amendments made by this title amends the
following:
(1) Title I of the Compact of Free Association Act of 1985
(48 U.S.C. 1901 et seq.).
(2) Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.).
(3) Title I of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921 et seq.).
(4) Section 1259C of the National Defense Authorization Act
for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115-91).
(5) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2018 (Public Law 115-141;
132 Stat. 635).
(f) Clarification Relating to Appropriated Funds.--Notwithstanding
section 109 of the Compacts of Free Association Amendments Act of 2003
(48 U.S.C. 1921h)--
(1) funds appropriated by that section and deposited into
the RMI Compact Trust Fund shall be governed by the 2023 U.S.-
RMI Trust Fund Agreement on entry into force of the 2023 U.S.-
RMI Trust Fund Agreement;
(2) funds appropriated by that section and deposited into
the FSM Compact Trust Fund shall be governed by the 2023 U.S.-
FSM Trust Fund Agreement on entry into force of the 2023 U.S.-
FSM Trust Fund Agreement;
(3) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants to
carry out the purposes of section 211(b) of the 2003 U.S.-RMI
Amended Compact shall be subject to the provisions of the 2023
U.S.-RMI Fiscal Procedures Agreement on entry into force of the
2023 U.S.-RMI Fiscal Procedures Agreement;
(4) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants to
carry out the purposes of section 221 of the 2003 U.S.-RMI
Amended Compact shall be subject to the provisions of the 2023
U.S.-RMI Fiscal Procedures Agreement on entry into force of the
2023 U.S.-RMI Fiscal Procedures Agreement, except as modified
in the Federal Programs and Services Agreement in force between
the United States and the Republic of the Marshall Islands; and
(5) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants to
carry out the purposes of section 221 of the 2003 U.S.-FSM
Amended Compact shall be subject to the provisions of the 2023
U.S.-FSM Fiscal Procedures Agreement on entry into force of the
2023 U.S.-FSM Fiscal Procedures Agreement, except as modified
in the 2023 U.S.-FSM Federal Programs and Services Agreement.
SEC. 211. COMPACT APPROPRIATIONS.
(a) Funding for Activities of the Secretary of the Interior.--For
the period of fiscal years 2024 through 2043, there are appropriated to
the Compact of Free Association account of the Department of the
Interior, out of any funds in the Treasury not otherwise appropriated,
to remain available until expended, the amounts described in and to
carry out the purposes of--
(1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM
Compact;
(2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI
Compact; and
(3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact
Review Agreement.
(b) Funding for Activities of the United States Postal Service.--
(1) Appropriation.--There is appropriated to the United
States Postal Service, out of any funds in the Treasury not
otherwise appropriated for each of fiscal years 2024 through
2043, $31,700,000, to remain available until expended, to carry
out the costs of the following provisions that are not
otherwise funded:
(A) Section 221(a)(2) of the 2023 Amended U.S.-FSM
Compact.
(B) Section 221(a)(2) of the 2023 Amended U.S.-RMI
Compact.
(C) Section 221(a)(2) of the U.S.-Palau Compact.
(D) Article 6(a) of the 2023 U.S.-Palau Compact
Review Agreement.
(2) Deposit.--
(A) In general.--The amounts appropriated to the
United States Postal Service under paragraph (1) shall
be deposited into the Postal Service Fund established
under section 2003 of title 39, United States Code, to
carry out the provisions described in that paragraph.
(B) Requirement.--Any amounts deposited into the
Postal Service Fund under subparagraph (A) shall be the
fiduciary, fiscal, and audit responsibility of the
Postal Service.
(c) Funding for Judicial Training.--There is appropriated to the
Secretary of the Interior to carry out section 209(d) out of any funds
in the Treasury not otherwise appropriated, $550,000 for each of fiscal
years 2024 through 2043, to remain available until expended.
(d) Treatment of Previously Appropriated Amounts.--The total
amounts made available to the Government of the Federated States of
Micronesia and the Government of the Republic of the Marshall Islands
under subsection (a) shall be reduced by amounts made available to the
Government of the Federated States of Micronesia and the Government of
the Republic of the Marshall Islands, as applicable, under section
2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions
Act (Public Law 118-15; 137 Stat. 81) (as amended by section 101 of
division B of the Further Continuing Appropriations and Other
Extensions Act, 2024 (Public Law 118-22; 137 Stat. 114) and section 201
of the Further Additional Continuing Appropriations and Other
Extensions Act, 2024 (Public Law 118-35; 138 Stat. 7)).
TITLE III--EXTENSIONS AND OTHER MATTERS
SEC. 301. EXTENSION OF UNDETECTABLE FIREARMS ACT OF 1988.
Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C.
922 note; Public Law 100-649) is amended by striking ``35 years after
the effective date of this Act'' and inserting ``on March 8, 2031''.
SEC. 302. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) Short Title.--This section may be cited as the ``United States
Parole Commission Additional Extension Act of 2024''.
(b) Amendment of Sentencing Reform Act of 1984.--For purposes of
section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551
note; Public Law 98-473; 98 Stat. 2032), as such section relates to
chapter 311 of title 18, United States Code, and the United States
Parole Commission, each reference in such section to ``36 years and 129
days'' or ``36-year and 129-day period'' shall be deemed a reference to
``36 years and 335 days'' or ``36-year and 335-day period'',
respectively.
SEC. 303. EXTENSION OF CERTAIN DIRECT SPENDING REDUCTIONS.
Section 251A(6)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)(D)) is amended--
(1) in clause (i), by striking ``7'' and inserting ``8'';
and
(2) in clause (ii), by striking ``5'' and inserting ``4''.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Attest:
Clerk.
118th CONGRESS
2d Session
H.R. 4366
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT