[Pages H1365-H1487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2024
Ms. GRANGER. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1102) providing for the concurrence by the
House in the Senate amendment to H.R. 2882, with an amendment.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1102
Resolved, That upon the adoption of this resolution:
(1) The chair of the Committee on Appropriations may insert
in the Congressional Record not later than March 26, 2024,
such material as she may deem explanatory of the Senate
amendment and the text proposed to be inserted by this
resolution; and
(2) The House shall be considered to have taken from the
Speaker's table the bill, H.R. 2882, with the Senate
amendment thereto, and to have concurred in the Senate
amendment with the following amendment:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further 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.
Sec. 7. Adjustments to compensation.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2024
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION C--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2024
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION G--OTHER MATTERS
Title I--Extensions and Other Matters
Title II--Udall Foundation Reauthorization
Title III--Funding Limitation for United Nations Relief and Works
Agency
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 House section of the Congressional Record on or about
March 22, 2024, and submitted by the chair of the Committee
on Appropriations of the House, 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.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost
of living adjustments for Members of Congress) during fiscal
year 2024.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $50,041,206,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except
[[Page H1366]]
members of the Reserve provided for elsewhere), midshipmen,
and aviation cadets; for members of the Reserve Officers'
Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$36,707,388,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$15,268,629,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $36,204,130,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Space Force on
active duty and cadets; for members of the Reserve Officers'
Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$1,256,973,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 7038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$5,367,436,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,472,718,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $878,928,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 9038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$2,428,553,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $9,791,213,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $5,272,165,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$58,604,854,000: Provided, That not to exceed $12,478,000
may be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of
the Army, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $71,972,007,000: Provided, That not to
exceed $15,055,000 may be used for emergencies and
extraordinary expenses, to be expended upon the approval or
authority of the Secretary of the Navy, and payments may be
made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $10,184,529,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $61,471,101,000: Provided, That not to exceed
$7,699,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of
the Secretary of the Air Force, and payments may be made upon
the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized
by law, $4,895,818,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $52,599,068,000: Provided, That not
more than $2,981,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of
the Secretary of Defense, and payments may be made upon the
Secretary's certificate of necessity for confidential
military purposes: Provided further, That of the funds
provided under this heading, not less than $55,000,000 shall
be made available for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than
$5,000,000 shall be available for centers with eligible
entities defined in 10 U.S.C. 4951(1)(D): Provided further,
That none of the funds appropriated or otherwise made
available by this Act may be used to plan or implement the
consolidation of a budget or appropriations liaison office of
the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further,
That of the funds provided under this heading, $3,000,000, to
remain available until September 30, 2025, shall be available
only for expenses relating to certain classified activities:
Provided further, That of the funds provided under this
heading, $25,968,000, to remain available until expended,
shall be available only for expenses relating to certain
classified activities, and may be transferred as necessary by
the Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That of the funds
provided under this heading, $2,356,915,000, of which
$1,406,346,000, to remain available until September 30, 2025,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: Provided further, That the Secretary of Defense
[[Page H1367]]
shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this
paragraph: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $397,950,000, to remain available until
September 30, 2025: Provided, That such funds shall be
available to the Secretary of Defense in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment;
and sustainment, to foreign security forces, irregular
forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and Syria, and their affiliated or associated groups:
Provided further, That amounts made available under this
heading shall be available to provide assistance only for
activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as
having a security mission to counter the Islamic State of
Iraq and Syria, and following written notification to the
congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces
or individuals, such elements or individuals are
appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups
associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the
Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing
any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a
provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such
assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using
funds provided under this heading that was transferred to
security forces, irregular forces, or groups participating,
or preparing to participate in activities to counter the
Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be
treated as stocks of the Department of Defense upon written
notification to the congressional defense committees:
Provided further, That equipment procured using funds
provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred
to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as
stocks of the Department of Defense when determined by the
Secretary to no longer be required for transfer to such
forces or groups and upon written notification to the
congressional defense committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
under this heading, including, but not limited to, the number
of individuals trained, the nature and scope of support and
sustainment provided to each group or individual, the area of
operations for each group, and the contributions of other
countries, groups, or individuals: Provided further, That of
the funds provided under this heading for stipends for
foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in
activities to counter ISIS in Syria, fifty percent shall not
be available for obligation or expenditure until the
Secretary of Defense reports to the Committees on
Appropriations of the House of Representatives and the Senate
that measures are in place to ensure accountability of such
funds: Provided further, That stipend support for the
Kurdish Peshmerga may only be reduced commensurate with
support provided from other sources, including Iraqi national
funds.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,562,714,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,370,710,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $325,395,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $4,005,756,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $8,611,897,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $7,335,405,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $16,620,000, of which
not to exceed $10,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $241,860,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $410,240,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made
[[Page H1368]]
available by this appropriation to other appropriations made
available to the Department of the Navy, to be merged with
and to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $384,744,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,965,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $232,806,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$142,500,000, to remain available until September 30, 2025.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $350,999,000, to remain available until September 30,
2026.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce
Development Account, $64,977,000: Provided, That no other
amounts may be otherwise credited or transferred to the
Account, or deposited into the Account, in fiscal year 2024
pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,287,997,000, to remain available for obligation until
September 30, 2026.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,622,213,000, to remain available for obligation until
September 30, 2026.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,244,226,000, to remain available for
obligation until September 30, 2026.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,943,574,000, to remain available for obligation until
September 30, 2026.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$8,626,297,000, to remain available for obligation until
September 30, 2026.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $19,826,909,000, to remain available
for obligation until September 30, 2026.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$5,876,828,000, to remain available for obligation until
September 30, 2026.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and
[[Page H1369]]
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title
10, United States Code, and the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,161,205,000, to remain available for
obligation until September 30, 2026.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $2,443,598,000;
Columbia Class Submarine (AP), $3,390,734,000;
Carrier Replacement Program (CVN-80), $1,104,421,000;
Carrier Replacement Program (CVN-81), $800,492,000;
Virginia Class Submarine, $7,129,965,000;
Virginia Class Submarine (AP), $3,158,782,000;
CVN Refueling Overhauls (AP), $488,446,000;
DDG-1000 Program, $392,892,000;
DDG-51 Destroyer, $4,499,179,000;
DDG-51 Destroyer (AP), $1,641,335,000;
FFG-Frigate, $2,183,861,000;
LPD Flight II (AP), $500,000,000;
LHA Replacement, $1,830,149,000;
TAO Fleet Oiler, $815,420,000;
TAGOS Surtass Ship, $513,466,000;
LCU 1700, $62,532,000;
Ship to Shore Connector, $585,000,000;
Service Craft, $93,815,000;
Auxiliary Personnel Lighter, $72,000,000;
LCAC SLEP, $15,286,000;
Auxiliary Vessels, $142,008,000;
For outfitting, post delivery, conversions, and first
destination transportation, $512,019,000; and
Completion of Prior Year Shipbuilding Programs,
$1,290,093,000.
In all: $33,665,493,000, to remain available for obligation
until September 30, 2028: Provided, That additional
obligations may be incurred after September 30, 2028, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for
Columbia Class Submarine (AP) may be available for the
purposes authorized by subsections (f), (g), (h) or (i) of
section 2218a of title 10, United States Code, only in
accordance with the provisions of the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$14,385,665,000, to remain available for obligation until
September 30, 2026: Provided, That such funds are also
available for the maintenance, repair, and modernization of
ships under a pilot program established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$3,904,532,000, to remain available for obligation until
September 30, 2026.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$20,828,306,000, to remain available for obligation until
September 30, 2026.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $4,693,647,000, to remain available
for obligation until September 30, 2026.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$589,943,000, to remain available for obligation until
September 30, 2026.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $31,327,131,000, to remain available for obligation
until September 30, 2026.
Procurement, Space Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $4,064,948,000, to remain available
for obligation until September 30, 2026.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $6,392,675,000, to remain
available for obligation until September 30, 2026.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $587,905,000,
to remain available for obligation until September 30, 2028,
which shall be obligated and expended by the Secretary of
Defense as if delegated the necessary authorities conferred
by the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other
[[Page H1370]]
weapons; and other procurement items for the reserve
components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2026: Provided,
That the Chiefs of National Guard and Reserve components
shall, not later than 30 days after enactment of this Act,
individually submit to the congressional defense committees
the modernization priority assessment for their respective
National Guard or Reserve component: Provided further, That
none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or
modify missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $17,115,037,000, to remain
available for obligation until September 30, 2025.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $27,964,807,000, to remain
available for obligation until September 30, 2025: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $47,340,416,000, to remain
available for obligation until September 30, 2025.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $18,669,844,000, to remain
available until September 30, 2025.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $36,892,886,000, to
remain available for obligation until September 30, 2025.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $337,489,000, to remain available for obligation
until September 30, 2025.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,786,779,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $39,898,624,000; of which $36,639,695,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2025, and of which up to $19,757,403,000
may be available for contracts entered into under the TRICARE
program; of which $381,881,000, to remain available for
obligation until September 30, 2026, shall be for
procurement; and of which $2,877,048,000, to remain available
for obligation until September 30, 2025, shall be for
research, development, test and evaluation: Provided, That
of the funds provided under this heading for research,
development, test and evaluation, not less than
$1,509,000,000 shall be made available to the Defense Health
Agency to carry out the congressionally directed medical
research programs: Provided further, That, notwithstanding
any other provision of law, of the amount made available
under this heading for research, development, test and
evaluation, not less than $12,000,000 shall be available for
HIV prevention educational activities undertaken in
connection with United States military training, exercises,
and humanitarian assistance activities conducted primarily in
African nations: Provided further, That the Secretary of
Defense shall submit to the congressional defense committees
quarterly reports on the current status of the electronic
health record program: Provided further, That the
Comptroller General of the United States shall perform
quarterly performance reviews of the electronic health record
program.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $1,091,844,000, of which $89,284,000 shall
be for operation and maintenance, of which not less than
$57,875,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $23,676,000 for
activities on military installations and $34,199,000, to
remain available until September 30, 2025, to assist State
and local governments; and $1,002,560,000, to remain
available until September 30, 2025, shall be for research,
development, test and evaluation, of which $1,000,467,000
shall only be for the Assembled Chemical Weapons Alternatives
program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,177,061,000, of which $702,962,000
shall be for counter-narcotics support; $138,313,000 shall be
for the drug demand reduction program; $305,786,000 shall be
for the National Guard counter-drug program; and $30,000,000
shall be for the National Guard counter-drug schools program:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act: Provided
further, That funds appropriated under this heading may be
used to support a new start program or project only after
written prior notification to the Committees on
Appropriations of the House of Representatives and the
Senate.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $528,565,000, of which
$524,067,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended upon the approval or
authority of the Inspector General, and payments may be made
upon the Inspector General's certificate of necessity for
confidential military purposes; of which $1,098,000, to
remain available for obligation until September 30, 2026,
shall be for procurement; and of which $3,400,000, to remain
available until September 30, 2025, shall be for research,
development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $625,419,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service
[[Page H1371]]
Act of 1980: Provided further, That the limitations of this
provision shall not apply to foreign national employees of
the Department of Defense in the Republic of Turkey.
Sec. 8003. 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. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may, with the approval of the Director of the
Office of Management and Budget, transfer not to exceed
$6,000,000,000 of working capital funds of the Department of
Defense or funds made available in this Act to the Department
of Defense for military functions (except military
construction) between such appropriations or funds or any
subdivision thereof, 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, That
such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements,
than those for which originally appropriated and in no case
where the item for which funds are requested has been denied
by the Congress: Provided further, That the Secretary of
Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations of the House of
Representatives and the Senate for reprogramming of funds,
unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section shall be
made prior to June 30, 2024: Provided further, That
transfers among military personnel appropriations shall not
be taken into account for purposes of the limitation on the
amount of funds that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act and the tables
contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs,
projects, and activities for which the amounts appropriated
exceed the amounts requested are hereby required by law to be
carried out in the manner provided by such tables to the same
extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 of this Act shall apply when
transfers of the amounts described in subsection (a) occur
between appropriation accounts, subject to the limitation in
subsection (c): Provided further, That the transfer amount
limitation provided in section 8005 of this Act shall not
apply to transfers of amounts described in subsection (a) if
such transfers are necessary for the proper execution of such
funds.
(c) During the current fiscal year, amounts specified in
the referenced tables in titles III and IV of this Act
described in subsection (a) may not be transferred pursuant
to section 8005 of this Act other than for proper execution
of such amounts, as provided in subsection (b).
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit
a report to the congressional defense committees to establish
the baseline for application of reprogramming and transfer
authorities for fiscal year 2024: Provided, That the report
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
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between
such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Director of the Office of Management and Budget,
except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the
proposed transfer: Provided further, That except in amounts
equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless
in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows: Naval Strike
Missile; Guided Multiple Launch Rocket System; PATRIOT
Advanced Capability-3 Missile Segment Enhancement; Long Range
Anti-Ship Missile; Joint Air-to-Surface Standoff Missile;
Advanced Medium-Range Air-to-Air Missile; and USS Virginia
Class (SSN-774).
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code: Provided,
That such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided further, That funds available for operation
and maintenance shall be available for
[[Page H1372]]
providing humanitarian and similar assistance by using Civic
Action Teams in the Trust Territories of the Pacific Islands
and freely associated states of Micronesia, pursuant to the
Compact of Free Association as authorized by Public Law 99-
239: Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such
facilities and transportation to such facilities, on a
nonreimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau,
and Guam.
Sec. 8012. (a) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on excessive
contractor payments that exceed the thresholds established in
10 U.S.C. chapter 271 ``Truthful Cost or Pricing Data (Truth
in Negotiations)'' or 41 U.S.C. chapter 35 ``Truthful Cost or
Pricing Data'' and with respect to which none of the
exceptions to certified cost or pricing data requirements
apply.
(b) The report required by subsection (a) shall also
include the following:
(1) The amounts collected, adjusted, or offset from
contractors as a result of providing defective cost and
pricing data;
(2) The mechanisms used to identify violations of 10 U.S.C.
chapter 271 or 41 U.S.C. chapter 35;
(3) Disciplinary actions taken by the Department of Defense
when violations of 10 U.S.C. chapter 271 or 41 U.S.C. chapter
35 are identified, regardless of whether they are included in
the System for Award Management; and
(4) Any referrals made to the Department of Justice.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades, or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Program
may be transferred to any other appropriation contained in
this Act solely for the purpose of implementing a Mentor-
Protege Program developmental assistance agreement pursuant
to section 4902 of title 10, United States Code, under the
authority of this provision or any other transfer authority
contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal
year 2025 (as submitted to Congress pursuant to section 1105
of title 31, United States Code) a description of each
transfer under this section that occurred during the last
fiscal year before the fiscal year in which such budget is
submitted.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain unless the anchor and mooring chain are
manufactured in the United States from components which are
substantially manufactured in the United States: Provided,
That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that such an acquisition must be made in order
to acquire capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. Of the funds made available in this Act under
the heading ``Procurement, Defense-Wide'', $25,169,000 shall
be available only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 may be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8023. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working
Capital Fund, Army'', $120,000,000 shall be available to
maintain competitive rates at the arsenals.
[[Page H1373]]
Sec. 8025. (a) Of the funds made available in this Act, not
less than $69,000,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $55,100,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $11,900,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $2,000,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) Except when acting in a technical advisory capacity, no
member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, or any entity that
contracts with the Federal government to manage or operate
one or more FFRDCs, or any paid consultant to a defense FFRDC
shall receive funds appropriated by this Act as compensation
for services as a member of such entity: Provided, That a
member of any such entity shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties: Provided further, That except when acting in a
technical advisory capacity, no paid consultant shall receive
funds appropriated by this Act as compensation by more than
one FFRDC in a calendar year.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2024,
not more than $2,857,803,000 may be funded for professional
technical staff-related costs of the defense FFRDCs:
Provided, That within such funds, not more than $456,803,000
shall be available for the defense studies and analysis
FFRDCs: Provided further, That this subsection shall not
apply to staff years funded in the National Intelligence
Program and the Military Intelligence Program: Provided
further, That the Secretary of Defense shall, with the
submission of the department's fiscal year 2025 budget
request, submit a report presenting the specific amounts of
staff years of technical effort to be allocated for each
defense FFRDC by program during that fiscal year and the
associated budget estimates, by appropriation account and
program.
(e) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $27,197,000: Provided, That this subsection shall
not apply to appropriations for the National Intelligence
Program and Military Intelligence Program.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8028. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 4658 of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8031. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2024. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreements Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8034. In addition to any other funds made available
for such purposes, there is appropriated $50,000,000, for an
additional amount for the ``National Defense Stockpile
Transaction Fund'', to remain available until September 30,
2026, for activities pursuant to the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.): Provided,
That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of
Defense provides the Committees on Appropriations of the
House of Representatives and the Senate a detailed execution
plan for such funds.
Sec. 8035. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary
[[Page H1374]]
determines that the application of the limitation with
respect to that country would invalidate cooperative programs
entered into between the Department of Defense and the
foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into
under section 4851 of title 10, United States Code, and the
country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act,
or any subsequent Act making appropriations for the
Department of Defense, may be used for the purchase or
manufacture of a flag of the United States unless such flags
are treated as covered items under section 4862(b) of title
10, United States Code.
Sec. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account shall be available until
expended for the payments specified by section 2687a(b)(2) of
title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$350,000: Provided, That upon determination by the Secretary
of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant
Command engaged in a named contingency operation overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 8040. Up to $16,809,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the United States Indo-
Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of
incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made
available for this purpose may be used, notwithstanding any
other funding authorities for humanitarian assistance,
security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8041. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided,
That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail
outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2025 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2025 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2025 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2025: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2025: Provided further,
That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or
alteration of facilities, including leased facilities, to be
used primarily by personnel of the intelligence community,
shall remain available until September 30, 2026.
Sec. 8044. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8045. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the
[[Page H1375]]
authority of, and in compliance with, subsection (h) of
section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8046. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985:
``Cooperative Threat Reduction Account'', 2022/2024,
$75,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2022/2024, $1,900,000;
``Other Procurement, Army'', 2022/2024, $54,681,000;
``Aircraft Procurement, Navy'', 2022/2024, $1,428,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2022/
2024, $1,012,000;
``Shipbuilding and Conversion, Navy: T-AGOS'', 2022/2026,
$158,300,000;
``Procurement, Marine Corps'', 2022/2024, $7,100,000;
``Aircraft Procurement, Air Force'', 2022/2024,
$83,261,000;
``Procurement, Defense-Wide'', 2022/2024, $204,000;
``Operation and Maintenance, Defense-Wide'', 2023/2024,
$85,000,000;
``Counter-ISIS Train and Equip Fund'', 2023/2024,
$50,000,000;
``Aircraft Procurement, Army'', 2023/2025, $3,372,000;
``Missile Procurement, Army'', 2023/2025, $2,713,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2023/2025, $10,372,000;
``Other Procurement, Army'', 2023/2025, $63,028,000;
``Procurement of Ammunition, Army'', 2023/2025, $3,223,000;
``Aircraft Procurement, Navy'', 2023/2025, $319,745,000;
``Weapons Procurement, Navy'', 2023/2025, $50,000,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2023/
2025, $2,262,000;
``Shipbuilding and Conversion, Navy: DDG-51 Advance
Procurement'', 2023/2027, $77,300,000;
``Shipbuilding and Conversion, Navy: LPD Flight II Advance
Procurement'', 2023/2027, $250,000,000;
``Other Procurement, Navy'', 2023/2025, $89,101,000;
``Procurement, Marine Corps'', 2023/2025, $158,550,000;
``Aircraft Procurement, Air Force'', 2023/2025,
$282,762,000;
``Other Procurement, Air Force'', 2023/2025, $37,100,000;
``Procurement, Space Force'', 2023/2025, $80,487,000;
``Procurement, Defense-Wide'', 2023/2025, $34,326,000;
``Research, Development, Test and Evaluation, Army'', 2023/
2024, $29,850,000;
``Research, Development, Test and Evaluation, Navy'', 2023/
2024, $136,705,000;
``Research, Development, Test and Evaluation, Air Force'',
2023/2024, $112,324,000;
``Research, Development, Test and Evaluation, Space
Force'', 2023/2024, $96,878,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', 2023/2024, $237,538,000.
Sec. 8047. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8048. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose: Provided,
That this restriction shall not apply to any activities
incidental to the Defense POW/MIA Accounting Agency mission
to recover and identify the remains of United States Armed
Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8049. In this fiscal year and each fiscal year
thereafter, funds appropriated for operation and maintenance
of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be
incurred against appropriations for the National Guard and
Reserve when members of the National Guard and Reserve
provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence
Activities, including the activities and programs included
within the National Intelligence Program and the Military
Intelligence Program: Provided, That nothing in this section
authorizes deviation from established Reserve and National
Guard personnel and training procedures.
Sec. 8050. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8051. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $49,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $24,000,000 to the United Service Organizations and
$25,000,000 to the Red Cross.
Sec. 8052. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget. The Secretary of each military department, the
Director of each Defense Agency, and the head of each other
relevant component of the Department of Defense shall submit
to the congressional defense committees, concurrent with
submission of the budget justification documents to Congress
pursuant to section 1105 of title 31, United States Code, a
report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology
Transfer program set-asides taken from programs, projects, or
activities within such department, agency, or component
during the most recently completed fiscal year.
Sec. 8053. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8055. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8056. (a) None of the funds appropriated or otherwise
made available by this or prior Acts may be obligated or
expended to retire, prepare to retire, or place in storage or
on backup aircraft inventory status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to
an individual C-40 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer
mission capable due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that
an aircraft is no longer mission capable, the Secretary shall
submit to the congressional defense committees a
certification in writing that the status of such aircraft is
due to a Class A mishap and not due to lack of maintenance,
repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the necessary
steps taken by the Department of Defense to meet the travel
requirements for official or representational duties of
members of Congress and the Cabinet in fiscal years 2024 and
2025.
Sec. 8057. (a) None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery to
military forces for operational training, operational use, or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping in
accordance with an approved test strategy, and test
activities preceding and leading to acceptance for
operational use.
(b) If the number of end-items budgeted with funds
appropriated in title IV of this Act exceeds the number
required in an approved test strategy, the Under Secretary of
Defense (Research and Engineering) and the Under Secretary of
Defense (Acquisition and Sustainment), in coordination with
the responsible Service Acquisition Executive, shall certify
in writing to the congressional
[[Page H1376]]
defense committees that there is a bonafide need for the
additional end-items at the time of submittal to Congress of
the budget of the President for fiscal year 2025 pursuant to
section 1105 of title 31, United States Code: Provided, That
this restriction does not apply to programs funded within the
National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the
submittal to Congress of the budget of the President for
fiscal year 2025 pursuant to section 1105 of title 31, United
States Code, submit to the congressional defense committees a
report detailing the use of funds requested in research,
development, test and evaluation accounts for end-items used
in development, prototyping and test activities preceding and
leading to acceptance for operational use: Provided, That
the report shall set forth, for each end item covered by the
preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in
that proviso were used for such item: Provided further, That
the Secretary of Defense shall, at the time of the submittal
to Congress of the budget of the President for fiscal year
2025 pursuant to section 1105 of title 31, United States
Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2025 in
research, development, test and evaluation accounts are in
compliance with this section: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Subcommittees on
Defense of the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8058. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8059. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start defense innovation acceleration or rapid prototyping
program demonstration project with a value of more than
$5,000,000 may only be obligated 15 days after a report,
including a description of the project, the planned
acquisition and transition strategy and its estimated annual
and total cost, has been provided in writing to the
congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8060. The Secretary of Defense shall continue to
provide a classified quarterly report to the Committees on
Appropriations of the House of Representatives and the
Senate, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8061. Notwithstanding section 12310(b) of title 10,
United States Code, a servicemember who is a member of the
National Guard serving on full-time National Guard duty under
section 502(f) of title 32, United States Code, may perform
duties in support of the ground-based elements of the
National Ballistic Missile Defense System.
Sec. 8062. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8063. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or their designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or their designee, on a case-by-case
basis.
(including transfer of funds)
Sec. 8064. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $175,943,968
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8065. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to
prohibit the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(including transfer of funds)
Sec. 8066. In addition to amounts made available elsewhere
in this Act, $100,000,000 is hereby appropriated to the
Department of Defense and made available for transfer to
operation and maintenance accounts, procurement accounts, and
research, development, test and evaluation accounts only for
those efforts by the Commander, United States Africa Command
or Commander, United States Southern Command to expand
cooperation, share operational information, advance
interoperability, or improve the capabilities of our allies
and partners in their areas of operation: Provided, That
none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of
Defense provides to the congressional defense committees an
execution plan: Provided further, That not less than 15 days
prior to any transfer of funds, the Secretary of Defense
shall notify the congressional defense committees of the
details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for
the same purposes, and for the same time period, as the
appropriation to which transferred: Provided further, That
the transfer authority provided under this section is in
addition to any other transfer authority provided elsewhere
in this Act.
(including transfer of funds)
Sec. 8067. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
(including transfer of funds)
Sec. 8068. In addition to amounts provided elsewhere in
this Act, $5,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8070. None of the funds available to the Department
of Defense may be obligated
[[Page H1377]]
to modify command and control relationships to give Fleet
Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet:
Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force until a
written modification has been proposed to the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That the proposed modification may
be implemented 30 days after the notification unless an
objection is received from either the House or Senate
Appropriations Committees: Provided further, That any
proposed modification shall not preclude the ability of the
commander of United States Indo-Pacific Command to meet
operational requirements.
Sec. 8071. Any notice that is required to be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate under section 3601 of title
10, United States Code, as added by section 804(a) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 shall be submitted pursuant to that requirement
concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives
and the Senate.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$500,000,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $80,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$127,000,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program; $40,000,000
shall be for co-production activities of SRBMD systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for SRBMD, as amended; $80,000,000 shall be for an
upper-tier component to the Israeli Missile Defense
Architecture, of which $80,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States
and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and
procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and
$173,000,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and
airborne, detection suite: Provided further, That the
transfer authority provided under this section is in addition
to any other transfer authority contained in this Act.
Sec. 8073. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$1,290,093,000 shall be available until September 30, 2024,
to fund prior year shipbuilding cost increases for the
following programs:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2024: Carrier Replacement Program, $624,600,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2024: Virginia Class Submarine Program,
$43,419,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2024: Virginia Class Submarine Program,
$100,115,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2024: DDG 51 Program, $104,090,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2024: Virginia Class Submarine Program,
$24,646,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2024: DDG 51 Program, $121,827,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2024: LPD 17 Amphibious Transport Dock Program,
$16,520,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2024: Ship to Shore Connector Program,
$43,600,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2024: Littoral Combat Ship Program, $23,000,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2024: T-AO Fleet Oiler Program, $27,060,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2024: CVN Refueling Overhauls, $42,422,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2024: T-AO Fleet Oiler Program, $93,250,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2024: Towing, Salvage, and Rescue Ship Program,
$1,150,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2024: Towing, Salvage, and Rescue Ship Program,
$21,809,000; and
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2024: T-AO Fleet Oiler Program, $2,585,000.
Sec. 8074. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities and intelligence-related activities
not otherwise authorized in the Intelligence Authorization
Act for Fiscal Year 2024 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).
Sec. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8076. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8077. None of the funds made available by this Act
may be obligated or expended for the purpose of
decommissioning any Littoral Combat Ship, the USS Germantown,
or the USS Tortuga.
(including transfer of funds)
Sec. 8078. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided,
That the Secretary may transfer not to exceed $20,000,000
under the authority provided by this section: Provided
further, That the Secretary may not transfer any funds until
30 days after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same
period of availability as when originally appropriated:
Provided further, That the transfer authority provided under
this section is in addition to any other transfer authority
contained elsewhere in this Act: Provided further, That the
transfer authority provided by this section expires on
September 30, 2028.
Sec. 8079. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8081. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2025.
Sec. 8082. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8083. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2024:
Provided, That the report 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
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8084. Any transfer of amounts appropriated to the
Department of Defense Acquisition Workforce Development
Account in or for fiscal year 2024 to a military department
or Defense Agency pursuant to section 1705(e)(1) of title 10,
United States Code, shall be covered by and subject to
section 8005 of this Act.
Sec. 8085. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
[[Page H1378]]
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8086. (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.
Sec. 8087. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8088. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $172,000,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8089. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8090. Notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles,
appropriations available to the Department of Defense may be
used for the purchase of: (1) heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle;
and (2) passenger motor vehicles up to a limit of $75,000 per
vehicle for use by military and civilian employees of the
Department of Defense in the United States Central Command
area of responsibility.
(including transfer of funds)
Sec. 8091. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Director of the Office of Management and Budget, transfer
not to exceed $1,500,000,000 of the funds made available in
this Act for the National Intelligence Program: Provided,
That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2024.
Sec. 8092. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $142,008,000, to
remain available for obligation until September 30, 2028, may
be used for the purchase of two used sealift vessels for the
National Defense Reserve Fleet, established under section 11
of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):
Provided, That such amounts are available for reimbursements
to the Ready Reserve Force, Maritime Administration account
of the United States Department of Transportation for
programs, projects, activities, and expenses related to the
National Defense Reserve Fleet: Provided further, That
notwithstanding section 2218 of title 10, United States Code,
none of these funds shall be transferred to the National
Defense Sealift Fund for execution.
Sec. 8093. The Secretary of Defense shall post grant
awards on a public website in a searchable format.
Sec. 8094. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8095. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Department of Defense Appropriations Acts, or provisions
of Acts providing supplemental appropriations for the
Department of Defense.
Sec. 8096. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $667,508,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (46
U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
Sec. 8097. (a) None of the funds provided in this Act for
the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following
components unless those components are manufactured in the
United States: Auxiliary equipment (including pumps) for
shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders
for shipboard cranes; and anchor chains, specifically
[[Page H1379]]
for the seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that
provides for the acquisition of the following components
unless those components are manufactured in the United
States: Air circuit breakers; gyrocompasses; electronic
navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed
lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers:
Provided, That the Secretary of the Navy shall incorporate
United States manufactured propulsion engines and propulsion
reduction gears into the FFG(X) Frigate program beginning not
later than with the eleventh ship of the program.
Sec. 8098. None of the funds provided in this Act for
requirements development, performance specification
development, concept design and development, ship
configuration development, systems engineering, naval
architecture, marine engineering, operations research
analysis, industry studies, preliminary design, development
of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the T-ARC(X)
Cable Laying and Repair Ship or the T-AGOS(X) Oceanographic
Surveillance Ship may be used to award a new contract for
such activities unless these contracts include specifications
that all auxiliary equipment, including pumps and propulsion
shafts, are manufactured in the United States.
Sec. 8099. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Account may be transferred
to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8100. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8101. (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, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8102. None of the funds provided for, or otherwise
made available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8103. (a) None of the funds made available by this or
any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to any
corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability,
provided that the applicable Federal agency is aware of the
unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable
Federal agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8104. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, may be used for
expenses for the agile research, development, test and
evaluation, procurement, production, modification, and
operation and maintenance, only for the following Software
and Digital Technology Pilot programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) Global Command and Control System (PE 0303150K); and
(6) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior
Department of Defense Appropriations Acts may be obligated or
expended to initiate additional Software and Digital
Technology Pilot Programs in fiscal year 2024.
Sec. 8105. None of the funds appropriated or otherwise
made available by this Act may be used to transfer the
National Reconnaissance Office to the Space Force: Provided,
That nothing in this Act shall be construed to limit or
prohibit cooperation, collaboration, and coordination between
the National Reconnaissance Office and the Space Force or any
other elements of the Department of Defense.
Sec. 8106. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 8107. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8108. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, such contributions
shall, upon receipt, be credited to the appropriations or
fund which incurred such obligations.
Sec. 8109. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $1,406,346,000, to
remain available until September 30, 2025, shall be available
for International Security Cooperation Programs and other
programs to provide support and assistance to foreign
security forces or other groups or individuals to conduct,
support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the
Secretary of Defense shall, not less than 15 days prior to
obligating funds made available in this section, notify the
congressional defense committees in writing of the details of
any planned obligation: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this
section.
Sec. 8110. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $380,000,000, to
remain available until September 30, 2025, shall be available
to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under
section 1226 of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border
security, of which not less than $150,000,000 shall be for
Jordan: Provided, That the Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in
this section, notify the congressional defense committees in
writing of the details of any planned obligation and the
nature of the expenses incurred: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives
and the Senate on the use and status of funds made available
in this section.
Sec. 8111. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8112. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008
(Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes
child soldiers, as defined by the Child Soldiers Prevention
Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of
2008.
Sec. 8113. None of the funds made available by this Act
may be made available for any member of the Taliban.
Sec. 8114. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available
by this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance
with section 8005 of this Act.
Sec. 8115. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter
[[Page H1380]]
into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan
guarantee to Rosoboronexport or any subsidiary of
Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General
shall submit to the congressional defense committees a report
containing the results of the review conducted with respect
to such waiver.
Sec. 8116. Equipment procured using funds provided in
prior Acts under the heading ``Counterterrorism Partnerships
Fund'' for the program authorized by section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291),
or under the heading ``Iraq Train and Equip Fund'' for the
program authorized by section 1236 of such Act, and not yet
transferred to authorized recipients may be transferred to
foreign security forces, irregular forces, groups, or
individuals, authorized to receive assistance using amounts
provided under the heading ``Counter-ISIS Train and Equip
Fund'' in this Act: Provided, That such equipment may be
transferred 15 days following written notification to the
congressional defense committees.
Sec. 8117. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $15,000,000, to
remain available until September 30, 2025, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations to counter
the Islamic State of Iraq and Syria: Provided, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary
of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following written
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the
purpose of providing specialized training and procuring
supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military
and stability operations to counter the Islamic State of Iraq
and Syria, and 15 days following written notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to
the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds
made available in this section.
Sec. 8118. The Secretary of Defense shall notify the
congressional defense committees in writing not more than 30
days after the receipt of any contribution of funds received
from the government of a foreign country for any purpose
relating to the stationing or operations of the United States
Armed Forces: Provided, That such notification shall include
the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such
contribution was accepted by the Secretary of Defense:
Provided further, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit
to the congressional defense committees in writing a
notification of the planned use of such contributions,
including whether such contributions would support existing
or new stationing or operations of the United States Armed
Forces.
Sec. 8119. (a) The Chairman of the Joint Chiefs, in
coordination with the Secretaries of the military departments
and the Chiefs of the Armed Forces, shall submit to the
congressional defense committees, not later than 30 days
after the last day of each quarter of the fiscal year, a
report on the use of operation and maintenance funds for
activities or exercises in excess of $5,000,000 that have
been designated by the Secretary of Defense as unplanned
activities for fiscal year 2024.
(b) Each report required by subsection (a) shall also
include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise
(including an estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget
line item (with a breakdown by cost element such as
transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Sec. 8120. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available
from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund for fiscal
year 2024 pursuant to the transfer authority in section
102(b)(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 ``Department of Defense Allocation of Funds: CHIPS and
Science 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(b)(2) of the CHIPS Act of 2022 if there is in
effect an Act making or continuing appropriations for part of
a fiscal year for the Department of Defense: 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
using funds transferred from the CHIPS for America Defense
Fund, which may be allocated pursuant to the transfer
authority in section 102(b)(1) of the CHIPS Act of 2022 only
in amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated
by subsection (a) of this section, subject to the terms and
conditions contained in the provisos in section 8005 of this
Act: Provided, That amounts may be reallocated pursuant to
this subsection only for those requirements necessary to
carry out section 9903(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(d) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of Defense
shall 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(b)(2) of the CHIPS Act of 2022 for fiscal year 2025.
(e) The Department of Defense 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 CHIPS for America Defense Fund for
amounts allocated pursuant to subsection (a) of this section,
including all uncommitted, committed, and unobligated funds.
Sec. 8121. Not later than 15 days after the date on which
any foreign base that involves the stationing or operations
of the United States Armed Forces, including a temporary
base, permanent base, or base owned and operated by a foreign
country, is opened or closed, the Secretary of Defense shall
notify the congressional defense committees in writing of the
opening or closing of such base: Provided, That such
notification shall also include information on any personnel
changes, costs, and savings associated with the opening or
closing of such base.
Sec. 8122. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States Armed Forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8123. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8124. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8125. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'' may
be used to procure or transfer man-portable air defense
systems.
Sec. 8126. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan
[[Page H1381]]
to support the armed forces of Jordan and to enhance security
along its borders.
Sec. 8127. The total amount appropriated or otherwise made
available in title II of this Act is hereby reduced by
$500,000,000 to limit excessive growth in the procurement of
advisory and assistance services, to be distributed as
follows:
``Operation and Maintenance, Army'', $138,000,000;
``Operation and Maintenance, Navy'', $68,000,000;
``Operation and Maintenance, Marine Corps'', $52,000,000;
``Operation and Maintenance, Air Force'', $77,000,000;
``Operation and Maintenance, Space Force'', $9,500,000;
``Operation and Maintenance, Defense-Wide'', $143,000,000;
and
``Operation and Maintenance, Army National Guard'',
$12,500,000:
Provided, That this section shall not apply to
appropriations for the National Intelligence Program and
Military Intelligence Program.
Sec. 8128. The total amount appropriated or otherwise made
available in title II of this Act is hereby reduced by
$100,000,000 to reflect savings attributable to efficiencies
and management improvements in the funding of miscellaneous
or other contracts in the military departments, as follows:
``Operation and Maintenance, Army'', $21,000,000;
``Operation and Maintenance, Navy'', $25,000,000;
``Operation and Maintenance, Marine Corps'', $3,500,000;
``Operation and Maintenance, Air Force'', $22,000,000;
``Operation and Maintenance, Space Force'', $1,700,000; and
``Operation and Maintenance, Defense-Wide'', $26,800,000:
Provided, That this section shall not apply to
appropriations for the National Intelligence Program and
Military Intelligence Program.
Sec. 8129. The amounts appropriated in title II of this
Act are hereby reduced by $500,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows:
(1) From ``Operation and Maintenance, Army'', $400,000,000;
and
(2) From ``Operation and Maintenance, Navy'', $100,000,000.
Sec. 8130. Notwithstanding any other provision of this
Act, to reflect savings due to favorable foreign exchange
rates, the total amount appropriated in this Act is hereby
reduced by $969,000,000.
Sec. 8131. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$47,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8132. In carrying out the program 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 memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
Sec. 8133. The Secretary of the Navy shall continue to
provide pay and allowances to Lieutenant Ridge Alkonis,
United States Navy, until such time as the Secretary of the
Navy makes a determination with respect to the separation of
Lieutenant Alkonis from the Navy.
Sec. 8134. Grants pursuant to section 8120 of the
Department of Defense Appropriations Act, 2022 (division C of
Public Law 117-103) to communities impacted by military
aviation noise for the purpose of installing noise mitigating
insulation at covered facilities may also provide for the
installation of air conditioning that complements noise
mitigating insulation at such facilities.
Sec. 8135. During their period of availability, amounts
appropriated in section 124 of the Continuing Appropriations
Act, 2023 (division A of Public Law 117-180) may be charged
for any proper expense pursuant to section 1553(b)(1) of
title 31, United States Code, notwithstanding the limitation
in section 1553(b)(2) of such title.
Sec. 8136. The Secretary of Defense may obligate funds
made available in this Act for procurement or for research,
development, test and evaluation for the F-35 Joint Strike
Fighter to modify up to six F-35 aircraft, including up to
two F-35 aircraft of each variant, to a test configuration:
Provided, That the Secretary of Defense shall, with the
concurrence of the Secretary of the Air Force and the
Secretary of the Navy, notify the congressional defense
committees not fewer than 30 days prior to obligating funds
under this section: Provided further, That any transfer of
funds pursuant to the authority provided in this section
shall be made in accordance with section 8005 of this Act.
Sec. 8137. None of the funds appropriated or otherwise
made available by this or any other Act may be obligated to
integrate an alternative engine on any F-35 aircraft.
Sec. 8138. Funds appropriated in title III of this Act may
be used to enter into a contract or contracts for the
procurement of airframes and engines for the CH-53K heavy
lift helicopter program.
Sec. 8139. The Secretary of Defense may use up to
$650,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 3601 of title 10, United
States Code, but only for the purposes specified in clauses
(i), (ii), (iii), and (iv) of subsection (c)(3)(B) of such
section and subject to the applicable limits specified in
clauses (i), (ii), and (iii) of such subsection and, in the
case of clause (iv) of such subsection, subject to a limit of
$50,000,000, or for the purposes specified in section 229 of
the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31) and subject to a limit of $100,000,000:
Provided, That the Secretary of Defense shall notify the
congressional defense committees promptly of all uses of this
authority.
Sec. 8140. There is appropriated to the ``Department of
Defense Credit Program Account'' established pursuant to
section 903(b)(5) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31), $49,200,000, to
remain available until September 30, 2026, for the cost of
loans and loan guarantees pursuant to section 903(b) of such
Act for a pilot program on capital assistance to support
defense investment in the industrial base: 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 amounts are available
to subsidize gross obligations for the principal amount of
direct loans, and total loan principal, any part of which is
to be guaranteed, not to exceed $984,000,000: Provided
further, That the Secretary of Defense (``Secretary'') and
the Director of the Office of Management and Budget
(``Director'') shall jointly develop criteria for project
eligibility for direct loans and loan guarantees authorized
by section 903(b) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31) that limit Federal
participation in a project consistent with the requirements
for the budgetary treatment provided for in section 504 of
the Federal Credit Reform Act of 1990 and based on the
recommendations contained in the 1967 Report of the
President's Commission on Budget Concepts: Provided further,
That the Secretary and the Director shall, not later than 120
days after the date of enactment of this Act, report such
criteria to the Subcommittees on Defense of the Committees on
Appropriations of the House of Representatives and the Senate
and certify in that report that the criteria are compliant
with this section: Provided further, That in the event that
a report is not completed and certified within 120 days, the
Secretary and the Director shall provide a joint explanatory
briefing on program establishment progress and estimated
completion time: Provided further, That, in developing the
criteria to be used, the Secretary and the Director shall
consult with the Director of the Congressional Budget Office:
Provided further, That the requirements of section 553 of
title 5, United States Code, shall not apply to the
development of such criteria: Provided further, That the use
of direct loans or loan guarantee authority under this
section for direct loans or commitments to guarantee loans
for any project using funds provided by this section shall be
in accordance with such criteria: Provided further, That the
Secretary may not issue a Notice of Funding Availability for
applications for credit assistance under the program
authorized by section 903(b) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31)
using funds provided by this section until the criteria have
been developed pursuant to the third proviso and certified
pursuant to the fourth proviso: Provided further, That none
of the direct loans or loan guarantee authority made
available under this section shall be available for any
project unless the Secretary and the Director, or their
respective designees, have each individually certified in
advance in writing to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives
and the Senate that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria
developed pursuant to this section: Provided further, That
the report required by the fourth proviso shall include
information on any statutory improvements to section 149 of
title 10, United States Code, as added by section 903 of the
National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31), and section 903(b) of such Act, that
would further align such sections with the budgetary
treatment and recommendations referred to in the third
proviso, including statutory improvements necessary to ensure
that no further reference to the criteria or the
certifications will be required in appropriations Acts in
future fiscal years: Provided further, That such statutory
improvements shall also be shared with the Committees on the
Budget and Armed Services of the House of Representatives and
the Senate: Provided
[[Page H1382]]
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 by the Department of Defense
pursuant to a Notice of Funding Availability for applications
for credit assistance under section 903(b) of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31).
Sec. 8141. Notwithstanding section 8057 of this Act,
amounts appropriated under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' of this Act,
as detailed in budget activity eight in the tables titled
Explanation of Project Level Adjustments in the explanatory
statement regarding this Act for ``Defense Innovation Unit
(DIU) Fielding'' line 281A, that exceed the amounts requested
may be used for expenses for agile research, development,
test and evaluation, procurement, production, modification,
and operation and maintenance requirements, including the
initial acquisition of end-items for operational use:
Provided, That none of these funds may be obligated or
expended until 15 days after the Secretary of Defense
provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for
such funds.
Sec. 8142. None of the funds made available by this Act
may be used to support any activity conducted by, or
associated with, the Wuhan Institute of Virology.
Sec. 8143. None of the funds made available by this Act
may be used to fund any work to be performed by EcoHealth
Alliance, Inc. in China on research supported by the
government of China unless the Secretary of Defense
determines that a waiver to such prohibition is in the
national security interests of the United States and, not
later than 14 days after granting such a waiver, submits to
the congressional defense committees a detailed justification
for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such
funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8144. 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 United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8145. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
Sec. 8146. (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. 8147. 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.
Sec. 8148. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $300,000,000, to
remain available until September 30, 2025, shall be for the
Ukraine Security Assistance Initiative: Provided, That such
funds shall be available to the Secretary of Defense, with
the concurrence of the Secretary of State, to provide
assistance, including training; equipment; lethal assistance;
logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the
military and national security forces of Ukraine, and to
other forces or groups recognized by and under the authority
of the Government of Ukraine, including governmental entities
within Ukraine, engaged in resisting Russian aggression
against Ukraine, for replacement of any weapons or articles
provided to the Government of Ukraine from the inventory of
the United States, and to recover or dispose of equipment
procured using funds made available in this section in this
or prior Acts: Provided further, That the Secretary of
Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall, not more than 60 days after such notification
is made, inform such committees if such funds have not been
obligated and the reasons therefor: Provided further, That
the Secretary of Defense shall consult with such committees
in advance of the provision of support provided to other
forces or groups recognized by and under the authority of the
Government of Ukraine: Provided further, That the United
States may accept equipment procured using funds made
available in this section in this or prior Acts transferred
to the security forces of Ukraine and returned by such forces
to the United States: Provided further, That equipment
procured using funds made available in this section in this
or prior Acts, and not yet transferred to the military or
national security forces of Ukraine or to other assisted
entities, or returned by such forces or other assisted
entities to the United States, may be treated as stocks of
the Department of Defense upon written notification to the
congressional defense committees: Provided further, That any
notification of funds made available in this section shall
specify an estimated timeline for the delivery of defense
articles and defense services provided and shall identify if
any equipment provided requires enhanced end-use monitoring:
Provided further, That the Secretary of Defense may accept
and retain contributions, including money, personal property,
and services, from foreign governments and other entities, to
carry out assistance authorized for the Ukraine Security
Assistance Initiative in this section: Provided further,
That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the
obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That contributions of money
for the purposes provided herein from any foreign government
or other entity may be credited to this account, to remain
available until September 30, 2025, and used for such
purposes: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use and status of funds made available in
this section.
Sec. 8149. None of the funds appropriated or otherwise
made available by this Act may be made available to remove a
Chinese military company from the list required by section
1260H of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283), except in accordance with
subsection (b)(3) of such section and 15 days following
written notification to the congressional defense committees.
Sec. 8150. None of the funds made available by this Act
may be used in contravention of section 525 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263).
This division may be cited as the ``Department of Defense
Appropriations Act, 2024''.
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2024
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to State, local, and
territorial entities; and Treasury-wide management policies
and programs activities $287,576,000, of which not less than
$9,000,000 shall be available for the administration of
financial assistance, in addition to amounts otherwise
available for such purposes: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2025, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
[[Page H1383]]
(D) the development and implementation of programs within
the Office of Cybersecurity and Critical Infrastructure
Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign
Investment in the United States, $21,000,000, to remain
available until expended: Provided, That the chairperson of
the Committee may transfer such amounts to any department or
agency represented on the Committee (including the Department
of the Treasury) subject to advance notification to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts so
transferred shall remain available until expended for
expenses of implementing section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. 4565), and
shall be available in addition to any other funds available
to any department or agency: Provided further, That fees
authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided
further, That the total amount appropriated under this
heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2024,
so as to result in a total appropriation from the general
fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
human rights abusers, money launderers, drug kingpins, and
other national security threats, $226,862,000, of which not
less than $3,000,000 shall be available for addressing human
rights violations and corruption, including activities
authorized by the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note): Provided, That of
the amounts appropriated under this heading, up to
$16,000,000 shall remain available until September 30, 2025.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$36,500,000, to remain available until September 30, 2026:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the
total amount made available under this heading $6,500,000
shall be available for administrative expenses for the
Treasury Chief Information Officer to provide oversight of
the investments made under this heading: Provided further,
That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information
Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $11,007,000, to remain available until September
30, 2026: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of chapter 4 of title 5,
United States Code, $48,389,000, including hire of passenger
motor vehicles; of which not to exceed $100,000 shall be
available for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which up to
$2,800,000 to remain available until September 30, 2025,
shall be for audits and investigations conducted pursuant to
section 1608 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
not to exceed $1,000 shall be available for official
reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out chapter 4 of title 5,
United States Code, including purchase and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $172,508,000, of
which $5,000,000 shall remain available until September 30,
2025; of which not to exceed $6,000,000 shall be available
for official travel expenses; of which not to exceed $500,000
shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration;
and of which not to exceed $1,500 shall be available for
official reception and representation expenses.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $25,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$190,193,000 of which not to exceed $55,000,000 shall remain
available until September 30, 2026.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $391,109,000; of which not to exceed
$8,000,000, to remain available until September 30, 2026, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $225,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $157,795,000; of which not to exceed $6,000
shall be available for official reception and representation
expenses; and of which not to exceed $50,000 shall be
available for cooperative research and development programs
for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated
under this heading, $5,000,000 shall be for the costs of
accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2026, shall be for the costs
associated with enforcement of and education regarding the
trade practice provisions of the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2024 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $50,000,000.
Community Development Financial Institutions Fund
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services 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 EX-III, $324,000,000. Of the amount appropriated
under this heading--
(1) not less than $188,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2025, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for
training and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $3,153,750 may be used for
the cost of direct loans, of which up to $10,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d)), may be available to provide
financial assistance, technical assistance, training, and
outreach to community development financial institutions to
expand investments that benefit individuals with
disabilities, and of which up to $2,000,000 shall be for the
Economic Mobility Corps to be operated in conjunction with
the Corporation for National and Community Service, pursuant
to 42 U.S.C. 12571: Provided, That the cost of direct and
guaranteed loans, 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 not to exceed $25,000,000: Provided
further, That of the funds
[[Page H1384]]
provided under this paragraph, excluding those made to
community development financial institutions to expand
investments that benefit individuals with disabilities and
those made to community development financial institutions
that serve populations living in persistent poverty counties,
the CDFI Fund shall prioritize Financial Assistance awards to
organizations that invest and lend in high-poverty areas:
Provided further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a poverty
rate of at least 20 percent as measured by the 2016-2020 5-
year data series available from the American Community Survey
of the Bureau of the Census for all States and Puerto Rico or
with a poverty rate of at least 20 percent as measured by the
2010 Island areas Decennial Census data for any territory or
possession of the United States;
(2) not less than $28,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2025, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
Tribes and Tribal organizations, and other suitable
providers;
(3) not less than $40,000,000 is available until September
30, 2025, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2025, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $9,000,000 is available until September
30, 2025, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan
programs under section 122 of Public Law 103-325 (12 U.S.C.
4719): Provided, That sections 108(d) and 122(b)(2) of such
Public Law shall not apply to the provision of such grants
and technical assistance;
(6) up to $35,000,000 is available for administrative
expenses, including administration of CDFI Fund programs and
the New Markets Tax Credit Program, of which not less than
$1,000,000 is for the development of tools to better assess
and inform CDFI investment performance and CDFI program
impacts, and up to $300,000 is for administrative expenses to
carry out the direct loan program; and
(7) during fiscal year 2024, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2025: Provided further, That of the funds awarded under this
heading, except those provided for the Economic Mobility
Corps, not less than 10 percent shall be used for awards that
support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1), the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, 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 the 2016-2020 5-year data series available from
the American Community Survey of the Bureau of the Census or
any other territory or possession of the United States that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000
and 2010 Island Areas Decennial Censuses, or equivalent data,
of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,780,606,000, of which not to exceed $100,000,000 shall
remain available until September 30, 2025, of which not less
than $12,000,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $28,000,000, to
remain available until September 30, 2025, shall be available
for low-income taxpayer clinic grants, including grants to
individual clinics of up to $200,000, of which not less than
$41,000,000, to remain available until September 30, 2025,
shall be available for the Community Volunteer Income Tax
Assistance Matching Grants Program for tax return preparation
assistance, and of which not less than $271,200,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $7,000,000 shall
be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,437,622,000; of which not to exceed
$250,000,000 shall remain available until September 30, 2025;
of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program; and of which
not to exceed $25,000,000 shall be for investigative
technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative
technology for the Criminal Investigation Division shall be
in addition to amounts made available for the Criminal
Investigation Division under the ``Operations Support''
heading.
operations support
For necessary expenses to operate the Internal Revenue
Service to support taxpayer services and enforcement
programs, including rent payments; facilities services;
printing; postage; physical security; headquarters and other
IRS-wide administration activities; research and statistics
of income; telecommunications; information technology
development, enhancement, operations, maintenance and
security; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); the operations of the Internal Revenue Service
Oversight Board; and other services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner;
$4,100,826,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2025; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2026, for
research; and of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing major information technology investments in
the Internal Revenue Service portfolio, including detailed,
plain language summaries on the status of plans, costs, and
results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year;
risks and mitigation strategies associated with ongoing work;
reasons for any cost or schedule variances; and total
expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget
justification for fiscal year 2025, a summary of cost and
schedule performance information for its major information
technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of an appropriation in
this Act made available to the Internal Revenue Service may
be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That, notwithstanding the preceding
proviso, no funds may be transferred into the appropriation
under the heading ``Enforcement''.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
[[Page H1385]]
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former
employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 111. The Secretary of the Treasury (or the
Secretary's delegate) may use the funds made available in
this Act, subject to such policies as the Secretary (or the
Secretary's delegate) may establish, to utilize direct hire
authority to recruit and appoint qualified applicants,
without regard to any notice or preference requirements,
directly to positions in the competitive service to process
backlogged tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United
States Code, funds appropriated to the Internal Revenue
Service in this Act may be used to provide passenger carrier
transportation and protection between the Commissioner of
Internal Revenue's residence and place of employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Financial Crimes Enforcement Network'', ``Bureau
of the Fiscal Service'', and ``Alcohol and Tobacco Tax and
Trade Bureau'' or for the Special Inspector General for
Pandemic Recovery may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent: Provided further, That, notwithstanding the
preceding proviso, under this section not more than
$1,000,000 may be transferred to the Special Inspector
General for Pandemic Recovery.
Sec. 115. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 116. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's 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. 414) during fiscal year 2024
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2024.
Sec. 121. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the House of Representatives and the Senate not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 123. During fiscal year 2024--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 124. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 125. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Research shall submit
reports on their activities to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Research shall make
officials available to testify on the contents of the reports
required under subsection (a).
Sec. 126. In addition to amounts otherwise available,
there is appropriated to the Special Inspector General for
Pandemic Recovery, $11,880,000, to remain available until
expended, for necessary expenses in carrying out section 4018
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136).
Sec. 127. Not to exceed 5 percent of any appropriation
made available in this Act for the Department of the Treasury
may be transferred to the Department's information technology
system modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91), for the purposes specified in section
1077(b)(3) of such Act, upon the prior approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided, That amounts transferred to the IT
WCF under this section shall remain available for obligation
through September 30, 2027.
[[Page H1386]]
Sec. 128. Amounts returned to the Secretary of the
Treasury pursuant to section 603(b)(2)(C)(iv) of the Social
Security Act may be transferred to and merged with the
appropriation for ``Department of the Treasury--Cybersecurity
Enhancement Account''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2024''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $78,904,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $15,453,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations of the House
of Representatives and the Senate, by not later than 90 days
after the end of the fiscal year covered by this Act, a
report setting forth the reimbursable operating expenses of
the Executive Residence during the preceding fiscal year,
including the total amount of such expenses, the amount of
such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $2,475,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,854,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $19,000,000, of which not to
exceed $10,000 shall be available for official reception and
representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$114,308,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President: Provided, That of the amounts provided under this
heading, up to $7,000,000 shall be available for a program to
provide payments (such as stipends, subsistence allowances,
cost reimbursements, or awards) to students, recent
graduates, and veterans recently discharged from active duty
who are performing voluntary services in the Executive Office
of the President under section 3111(b) of title 5, United
States Code, or comparable authority and shall be in addition
to amounts otherwise available to pay or compensate such
individuals: Provided further, That such payments shall not
be considered compensation for purposes of such section
3111(b) and may be paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $129,000,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations:
Provided further, That none of the funds provided in this or
prior Acts shall be used, directly or indirectly, by the
Office of Management and Budget, for evaluating or
determining if water resource project or study reports
submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office
of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly: Provided further, That no later
than 14 days after the submission of the budget of the United
States Government for fiscal year 2025, the Director of the
Office of Management and Budget shall make publicly available
on a website a tabular list for each agency that submits
budget justification materials (as defined in section 3 of
the Federal Funding Accountability and Transparency Act of
2006) that shall include, at minimum, the name of the agency,
the date on which the budget justification materials of the
agency were submitted to Congress, and a uniform resource
locator where the budget justification materials are
published on the website of the agency: Provided further,
That amounts appropriated under this heading shall be
available for the liquidation of valid obligations incurred
for fiscal year 2017, as authorized by law, in excess of
amounts that were available for obligation during such fiscal
year.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III
of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403),
including services authorized by 5 U.S.C. 3109, $1,883,000.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M.
(Mac) Thornberry National Defense Authorization Act
[[Page H1387]]
for Fiscal Year 2021 (Public Law 116-283), $21,707,000, of
which not to exceed $5,000 shall be available for official
reception and representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998, as amended; not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$21,785,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $298,579,000, to remain available until September
30, 2025, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$4,000,000 may be used for auditing services and associated
activities and $2,000,000 shall be for the Grants Management
System for use by the Office of National Drug Control Policy:
Provided further, That any unexpended funds obligated prior
to fiscal year 2022 may be used for any other approved
activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2023, shall be funded at not less than
the fiscal year 2023 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
House of Representatives and the Senate of the initial
allocation of fiscal year 2024 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify
the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-
Drug Abuse Act of 1988 and the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended,
$136,150,000, to remain available until expended, which shall
be available as follows: $109,000,000 for the Drug-Free
Communities Program, of which not more than $12,780,000 is
for administrative expenses, and of which $2,500,000 shall be
made available as directed by section 4 of Public Law 107-82,
as amended by section 8204 of Public Law 115-271; $3,000,000
for drug court training and technical assistance; $14,000,000
for anti-doping activities; up to $3,700,000 for the United
States membership dues to the World Anti-Doping Agency;
$1,250,000 for the Model Acts Program; and $5,200,000 for
activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities: Provided further, That the
Director of the Office of National Drug Control Policy shall,
not fewer than 30 days prior to obligating funds under this
heading for United States membership dues to the World Anti-
Doping Agency, submit to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan
and explanation of the proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$990,000, to remain available until September 30, 2025.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $8,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $6,015,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $318,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing) may,
with advance approval of the Committees on Appropriations of
the House of Representatives and the Senate, transfer not to
exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. (a) During fiscal year 2024, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2024; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2024.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2024 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
Sec. 203. Not later than 30 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance
with the provisions in title VII of this Act.
Sec. 204. For an additional amount for ``Office of
National Drug Control Policy, Salaries and Expenses'',
$13,045,000, which shall be for initiatives in the amounts
and for the projects specified in the table that appears
under the heading ``Administrative Provisions--Executive
Office of the President and Funds Appropriated to the
President'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided, That none of the funds made available by
this section may be transferred for any other purpose.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2024''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase and hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343 and 1344; not to
exceed $10,000 for official reception and representation
expenses; and for
[[Page H1388]]
miscellaneous expenses, to be expended as the Chief Justice
may approve, $129,323,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112 under the direction
of the Chief Justice, $20,688,000, to remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $21,260,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,995,055,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,975,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,450,680,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court or Administrative Office of the United States
Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
or Administrative Office of the United States Courts
operations, building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal
Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $750,163,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General: Provided, That funds made
available under this heading may be used for managing a
Judiciary-wide program to facilitate security and emergency
management services among the Judiciary, United States
Marshals Service, Federal Protective Service, General
Services Administration, other Federal agencies, state and
local governments and the public; and for purposes authorized
by the Daniel Anderl Judicial Security and Privacy Act of
2022 (Public Law 117-263, division C, title LIX, subtitle D)
and 28 U.S.C. 604(a)(24).
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $102,673,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $34,261,000; of which
$1,800,000 shall remain available through September 30, 2025,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$21,641,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
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
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``32 years and 6 months'' and inserting
``33 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``29 years and 6 months'' and inserting
``30 years and 6 months''.
(b) Section 406 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. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of
[[Page H1389]]
Missouri) by striking ``30 years and 6 months'' and inserting
``31 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``21 years'' and
inserting ``22 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``20 years and 6
months'' and inserting ``21 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``19 years'' and inserting
``20 years''.
Sec. 307. Section 3006A(d)(1) of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1), by inserting ``, or the attorney's
law firm,'' after ``appointed pursuant to this section'';
(B) in paragraph (2), by inserting ``, or the attorney's
law firm,'' after ``paid to an attorney'' each place it
appears;
(C) in paragraph (5), by inserting ``, or the attorney's
law firm'' after ``paid to the attorney''; and
(2) in subsection (f), by inserting ``, or the attorney's
law firm'' after ``paid to the appointed attorney''.
This title may be cited as the ``Judiciary Appropriations
Act, 2024''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations for these funds showing, by object class, the
expenditures made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $30,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, including the transfer and hire of motor vehicles,
$292,068,000 to be allocated as follows: for the District of
Columbia Court of Appeals, $15,055,000, of which not to
exceed $2,500 is for official reception and representation
expenses; for the Superior Court of the District of Columbia,
$141,973,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of
Columbia Court System, $88,290,000, of which not to exceed
$2,500 is for official reception and representation expenses;
and $46,750,000, to remain available until September 30,
2025, for capital improvements for District of Columbia
courthouse facilities: Provided, That funds made available
for capital improvements shall be expended consistent with
the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That, in
addition to the amounts appropriated herein, fees received by
the District of Columbia Courts for administering bar
examinations and processing District of Columbia bar
admissions may be retained and credited to this
appropriation, to remain available until expended, for
salaries and expenses associated with such activities,
notwithstanding section 450 of the District of Columbia Home
Rule Act (D.C. Official Code, sec. 1-204.50): Provided
further, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives
and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided
under this heading among the items and entities funded under
this heading: Provided further, That the Joint Committee on
Judicial Administration in the District of Columbia may, by
regulation, establish a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5,
United States Code, for employees of the District of Columbia
Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That,
notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies: Provided further, That of the unobligated balances
from prior year appropriations made available under this
heading, $25,000,000 are hereby rescinded not later than
September 30, 2024.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $286,016,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That,
of the funds appropriated under this heading, $200,034,000
shall be for necessary expenses of Community Supervision and
Sex Offender Registration, to include expenses relating to
the supervision of adults subject to protection orders or the
provision of services for or related to such persons, of
which $4,253,000 shall remain available until September 30,
2026, for costs associated with the relocation under
replacement leases for headquarters offices, field offices
and related facilities: Provided further, That, of the funds
appropriated under this heading, $85,982,000 shall be
available to the Pretrial Services Agency, of which
$2,503,000 shall remain available until September 30, 2026,
for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$53,629,000, of which $3,000,000 shall remain available until
September 30, 2026, for costs associated with relocation
under a replacement lease for headquarters offices, field
offices, and related facilities: Provided, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of
Federal agencies: Provided further, That the District of
Columbia Public Defender Service may establish for employees
of the District of Columbia Public Defender
[[Page H1390]]
Service a program substantially similar to the program set
forth in subchapter II of chapter 35 of title 5, United
States Code, except that the maximum amount of the payment
made under the program to any individual may not exceed the
amount referred to in section 3523(b)(3)(B) of title 5,
United States Code: Provided further, That for the purposes
of engaging with, and receiving services from, Federal
Franchise Fund Programs established in accordance with
section 403 of the Government Management Reform Act of 1994,
as amended, the District of Columbia Public Defender Service
shall be considered an agency of the United States
Government: Provided further, That the District of Columbia
Public Defender Service may enter into contracts for the
procurement of severable services and multiyear contracts for
the acquisition of property and services to the same extent
and under the same conditions as an executive agency under
sections 3902 and 3903 of title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,450,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2025, to the Commission on Judicial Disabilities and
Tenure, $330,000, and for the Judicial Nomination Commission,
$300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the
Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds
are available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships, up to $1,750,000 shall be for the activities
specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in
section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth in the Fiscal Year 2024 Local Budget Act
of 2023 (D.C. Law 25-47) and at the rates set forth in such
Act, as amended as of the date of enactment of this Act:
Provided, That notwithstanding any other provision of law,
except as provided in section 450A of the District of
Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and
General Government Appropriations Act, 2009 (secs. 47-369.01
and 47-369.02, D.C. Official Code), and provisions of this
Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2024
under this heading shall not exceed the estimates included in
the Fiscal Year 2024 Local Budget Act of 2023, as amended as
of the date of enactment of this Act or the sum of the total
revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2024,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2024''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,430,000, to remain available until September 30, 2025, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $150,975,000, of which
$2,000,000 shall remain available until expended, to carry
out the program, including administrative costs, authorized
by section 1405 of the Virginia Graeme Baker Pool and Spa
Safety Act (Public Law 110-140, as amended), and of which
$2,000,000 shall remain available until expended, to carry
out the program, including administrative costs, authorized
by section 204 of the Nicholas and Zachary Burt Memorial
Carbon Monoxide Poisoning Prevention Act of 2022 (title II of
division Q of Public Law 117-103).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2024, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 502. None of the funds provided may be used to
promulgate, implement, administer, or enforce any regulation
issued by the U.S. Consumer Product Safety Commission to ban
gas stoves as a class of products.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $27,720,000, of which
$1,250,000 shall be made available to the National Institute
of Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $55,000,000, to
be paid from the unobligated balances from amounts in the
fund established by section 9006(a) of title 26, United
States Code, is provided to the Election Assistance
Commission for necessary expenses to make payments to States
for activities to improve the administration of elections for
Federal office, including to enhance election technology and
make election security improvements, as authorized by
sections 101, 103, and 104 of such Act: Provided, That for
purposes of applying such sections, the Commonwealth of the
Northern Mariana Islands shall be deemed to be a State and,
for purposes of sections 101(d)(2) and 103(a) shall be
treated in the same manner as the Commonwealth of Puerto
Rico, Guam, American Samoa, and the United States Virgin
Islands: Provided further, That each reference to the
``Administrator of General Services'' or the
``Administrator'' in sections 101 and 103 shall be deemed to
refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103
[[Page H1391]]
shall be deemed to refer to ``$1,000,000'' and each reference
to ``$1,000,000'' in section 103 shall be deemed to refer to
``$200,000'': Provided further, That not later than two
years after receiving a payment under this heading, a State
shall make available funds for such activities in an amount
equal to 20 percent of the total amount of the payment made
to the State under this heading: Provided further, That not
later than 45 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That States
shall submit quarterly financial reports and annual progress
reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$390,192,000, to remain available until expended: Provided,
That $390,192,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2024 so as to result in a final fiscal year 2024
appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use
of a competitive bidding system that may be retained and made
available for obligation shall not exceed $136,167,000 for
fiscal year 2024: Provided further, That, of the amount
appropriated under this heading, not less than $12,131,000
shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2023'' each place it appears and
inserting ``December 31, 2024''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out chapter 4 of title 5, United States Code,
$47,500,000, to be derived from the Deposit Insurance Fund
or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $80,857,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$29,500,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$425,700,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $278,000,000 of offsetting collections 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: Provided further, That, notwithstanding any
other provision of law, not to exceed $14,000,000 in
offsetting collections derived from fees to implement and
enforce the Telemarketing Sales Rule, promulgated under the
Telemarketing and Consumer Fraud and Abuse Prevention Act (15
U.S.C. 6101 et seq.), shall be credited to this account, and
be retained and used for necessary expenses in this
appropriation: 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 no more than $133,700,000:
Provided further, That none of the funds made available to
the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $9,470,022,000,
of which--
(1) $259,692,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services),
in addition to amounts otherwise provided for such purposes,
as follows:
Maryland:
Baltimore, Edward A. Garmatz U.S. Courthouse, $1,500,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolidation,
$200,000,000;
Puerto Rico:
Clemente Ruiz-Nazario, U.S. Courthouse and Federico Degetau
Federal Building, $28,290,000;
Tennessee:
Chattanooga, U.S. Courthouse, $20,902,000; and
Washington:
Seattle, Design of Replacement Facility, $9,000,000:
Provided, That each of the foregoing limits of costs on
construction and acquisition may be exceeded to the extent
that savings are effected in other such projects, but not to
exceed 20 percent of the amounts included in a transmitted
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate of a greater amount;
(2) $599,848,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise
provided for such purposes, of which--
(A) $211,515,000 is for Major Repairs and Alterations as
follows:
Kentucky:
Paducah, Federal Building and U.S. Courthouse, $40,479,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and
U.S. Post Office and Courthouse, $65,926,000;
Virginia:
Walter E. Hoffman U.S. Courthouse, $2,756,000;
Washington:
Tacoma, Tacoma Union Station, $79,256,000; and
West Virginia:
Martinsburg, IRS Enterprise Computing Center, $23,098,000:
(B) $376,333,000 is for Basic Repairs and Alterations; and
(C) $12,000,000 is for Special Emphasis Programs as
follows:
Fire Protection and Life Safety Program, $5,000,000;
Consolidation Activities Program, $4,000,000;
Judiciary Capital Security Program, $3,000,000;
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may
[[Page H1392]]
be increased by an amount not to exceed 20 percent unless
advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the Senate
of a greater amount: Provided further, That additional
projects for which prospectuses have been fully approved may
be funded under this category only if advance approval is
obtained from the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That
the amounts provided in this or any prior Act for ``Repairs
and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to ``Basic Repairs and Alterations'' or
used to fund authorized increases in prospectus projects:
Provided further, That the amount provided in this or any
prior Act for ``Basic Repairs and Alterations'' may be used
to pay claims against the Government arising from any
projects under the heading ``Repairs and Alterations'' or
used to fund authorized increases in prospectus projects;
(3) $5,659,298,000 for rental of space to remain available
until expended; and
(4) $2,951,184,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control as may be appropriate to enable the United States
Secret Service to perform its protective functions pursuant
to 18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2024, excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund in
this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy associated with the management of
real and personal property assets and certain administrative
services; Government-wide policy support responsibilities
relating to acquisition, travel, motor vehicles, information
technology management, and related technology activities; and
services as authorized by 5 U.S.C. 3109; and evaluation
activities as authorized by statute; $70,474,000, of which
$4,000,000 shall remain available until September 30, 2025.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, and management; and
in addition to any other amounts made available to the
General Services Administration for such purposes, the hire
of passenger motor vehicles pursuant to 42 U.S.C. 13211(3)
and supporting infrastructure; $53,933,000, of which not to
exceed $7,500 is for official reception and representation
expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $10,248,000, of which $2,000,000 shall
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $73,837,000:
Provided, That not to exceed $1,500,000 shall be available
for information technology enhancements related to providing
a modern technology case management solution: Provided
further, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses authorized by 40 U.S.C. 323 and 44
U.S.C. 3604; and for necessary expenses authorized by law in
support of interagency projects that enable the Federal
Government to enhance its ability to conduct activities
electronically through the development and implementation of
innovative uses of information technology; $75,000,000, to be
deposited into the Federal Citizen Services Fund: Provided,
That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen
Services Fund: Provided further, That the appropriations,
revenues, reimbursements, and collections deposited into the
Fund shall be available until expended for necessary expenses
authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 and for
necessary expenses in support of interagency projects that
enable the Federal Government to enhance its ability to
conduct activities electronically through the development and
implementation of innovative uses of information technology
in the aggregate amount not to exceed $250,000,000: Provided
further, That appropriations, revenues, reimbursements, and
collections accruing to this Fund during fiscal year 2024 in
excess of such amount shall remain in the Fund and shall not
be available for expenditure except as authorized in
appropriations Acts: Provided further, That, of the total
amount appropriated, up to $5,000,000 shall be available for
support functions and full-time hires to support activities
related to the Administration's requirements under title II
of the Foundations for Evidence-Based Policymaking Act of
2018 (Public Law 115-435): Provided further, That the
transfer authorities provided herein shall be in addition to
any other transfer authority provided in this Act.
pre-election presidential transition
For activities authorized by the Presidential Transition
Act of 1963, as amended, not to exceed $10,413,000, to remain
available until September 30, 2025: Provided, That such
amounts may be transferred to ``Acquisition Services Fund''
or ``Federal Buildings Fund'' to reimburse obligations
incurred for the purposes provided herein in fiscal years
2023 and 2024: Provided further, That amounts made available
under this heading shall be in addition to any other amounts
available for such purposes.
working capital fund
For the Working Capital Fund of the General Services
Administration, $4,000,000, to remain available until
expended, for necessary costs incurred by the Administrator
to modernize rulemaking systems and to provide support
services for Federal rulemaking agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2024 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2025 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
[[Page H1393]]
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each
of such committees and the Committees on Appropriations of
the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With respect to projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator
of General Services shall submit a spending plan and
explanation for each project to be undertaken to the
Committees on Appropriations of the House of Representatives
and the Senate not later than 60 days after the date of
enactment of this Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$2,970,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $49,135,000,
to remain available until September 30, 2025, and in addition
not to exceed $2,345,000, to remain available until September
30, 2025, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Foundation, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,782,000, to
remain available for direct expenditure until expended, of
which, notwithstanding sections 8 and 9 of such Act, up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That all current and previous amounts transferred to the
Office of Inspector General of the Department of the Interior
will remain available until expended for audits and
investigations of the Morris K. Udall and Stewart L. Udall
Foundation, consistent with chapter 4 of title 5, United
States Code, and for annual independent financial audits of
the Morris K. Udall and Stewart L. Udall Foundation pursuant
to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts
transferred to the Office of Inspector General of the
Department of the Interior may be transferred to the Morris
K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289): Provided
further, That contingent upon the enactment of legislation
making interest earned from investments of the Trust Fund
subject to appropriations, any interest earned during fiscal
year 2024 from investments made from discretionary
appropriations to the Morris K. Udall and Stewart L. Udall
Trust Fund after the date provided for in such legislation
shall be available until expended.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,904,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$427,250,000, of which $30,000,000 shall remain available
until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and
store Government records, and of which $2,000,000 shall
remain available until expended to make publicly available
records related to missing Armed Forces and civilian
personnel.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and chapter 4 of title 5, United States Code, and for
the hire of passenger motor vehicles, $5,920,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities and museum exhibits, related equipment for public
spaces, and to provide adequate storage for holdings,
$25,500,000, to remain available until expended, of which no
less than $17,500,000 is for improvements to the Eisenhower
Presidential Library in Abilene, Kansas.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $10,000,000, to remain available until expended.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National
Historical Publications and Records Commission Grants
Program'', $38,414,000, which shall be for initiatives in the
amounts and for the projects specified in the table that
appears under the heading ``Administrative Provisions--
National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That none of the funds made available by this section may be
transferred for any other purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822, and 9910, $3,465,000
shall be available until September 30, 2025, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to chapter 131 of title 5,
United States Code, the Ethics Reform Act of 1989, and the
Representative Louise McIntosh Slaughter Stop Trading on
Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $23,037,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $219,076,000: Provided, That of the total amount made
available under this heading, $15,816,000 may remain
available until expended, for information technology
modernization and Trust Fund Federal Financial System
migration or modernization, and shall be in addition to funds
otherwise made available for such purposes: Provided
further, That of the total amount made available under this
heading, $1,167,805 may be made available for strengthening
the capacity and capabilities of the acquisition workforce
(as defined by the Office of Federal Procurement Policy Act,
as amended (41 U.S.C. 4001 et seq.)), including the
recruitment, hiring, training, and retention of such
workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$192,975,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2024,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission: Provided further,
That not to exceed 5 percent of amounts
[[Page H1394]]
made available under this heading may be transferred to an
information technology working capital fund established for
purposes authorized by subtitle G of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 40 U.S.C. 11301 note): Provided further,
That the OPM Director shall notify, and receive approval
from, the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer under the preceding proviso: Provided further,
That amounts transferred to such a fund under such transfer
authority from any organizational category of OPM shall not
exceed 5 percent of each such organizational category's
budget as identified in the report required by section 608 of
this Act: Provided further, That amounts transferred to such
a fund shall remain available for obligation through
September 30, 2027.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of chapter 4 of title 5,
United States Code, including services as authorized by 5
U.S.C. 3109, hire of passenger motor vehicles, $6,839,000,
and in addition, not to exceed $29,192,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles, $31,585,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $13,700,000, to remain available until
September 30, 2025.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114-287), $3,960,000, to remain
available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$2,149,000,000, to remain available until expended; of which
not less than $20,050,000 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be
available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
leases for the Commission's office facilities, not to exceed
$39,658,000, to remain available until expended: Provided,
That any unobligated balances from funds made available under
this heading in prior Acts for replacement leases for the
Commission's headquarters and other regional office
facilities may be used for such purposes at any Commission
office facility, notwithstanding provisos in such Acts
limiting use to particular office facilities, and
notwithstanding provisos in such Acts requiring that de-
obligated amounts derived from the general fund be returned
to the general fund or that de-obligated amounts derived from
fees or assessments be paid to national securities exchanges
and national securities associations in proportion to any
fees or assessments paid by such national securities exchange
or national securities association.
For purposes of calculating the fee rate under section
31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(j)) for fiscal year 2024, all amounts appropriated under
this heading shall be deemed to be the regular appropriation
to the Commission for fiscal year 2024: Provided, That fees
and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further,
That not to exceed $2,149,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account; not to exceed $39,658,000 of such
offsetting collections shall be available until expended for
move, replication, and related costs under this heading
associated with a replacement leases for the Commission's
office facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2024 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2024
appropriation from the general fund estimated at not more
than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $31,300,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $361,235,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2024: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2025: Provided
further, That $20,500,000 shall be available for costs
associated with the certification of small business concerns
owned and controlled by veterans or service-disabled veterans
under sections 36A and 36 of the Small Business Act (15
U.S.C. 657f-1; 657f), respectively, and section 862 of Public
Law 116-283, to be available until September 30, 2025.
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $316,800,000,
to remain available until September 30, 2025: Provided, That
$140,000,000 shall be available to fund grants for
performance in fiscal year 2024 or fiscal year 2025 as
authorized by section 21 of the Small Business Act: Provided
further, That $41,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $20,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of chapter 4 of title 5,
United States Code, $37,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $10,109,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, 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 subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2024
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 and commitments for loans
authorized under subparagraph (C) of section 502(7) of the
Small Business Investment Act of 1958 (15 U.S.C. 696(7))
shall not exceed, in the aggregate, $16,500,000,000:
Provided further, That during fiscal year 2024 commitments
for general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business Act shall
not exceed $35,000,000,000
[[Page H1395]]
for a combination of amortizing term loans and the aggregated
maximum line of credit provided by revolving loans: Provided
further, That during fiscal year 2024 commitments to
guarantee loans for debentures under section 303(b) of the
Small Business Investment Act of 1958 shall not exceed
$6,000,000,000: Provided further, That during fiscal year
2024, guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal
amount of $15,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan
programs, $162,000,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$175,000,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $165,000,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $8,400,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses: Provided, That, of
the funds provided under this heading, $143,000,000 shall be
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major
disasters under this heading is designated by the Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), as amended.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration 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 paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 541. Not to exceed 3 percent of any appropriation
made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses''
and ``Business Loans Program Account'' may be transferred to
the Administration's information technology system
modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act,
upon the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided,
That amounts transferred to the IT WCF under this section
shall remain available for obligation through September 30,
2027.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $116,541,000, which
shall be for initiatives related to small business
development and entrepreneurship, including programmatic,
construction, and acquisition activities, in the amounts and
for the projects specified in the table that appears under
the heading ``Administrative Provisions--Small Business
Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That, notwithstanding sections
2701.92 and 2701.93 of title 2, Code of Federal Regulations,
the Administrator of the Small Business Administration may
permit awards to subrecipients for initiatives funded under
this section: Provided further, That none of the funds made
available by this section may be transferred for any other
purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$49,750,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any
individual participating in a State or local program of child
support enforcement, a fee for information requested or
provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act
shall be used to consolidate or close small rural and other
small post offices: Provided further, That the Postal
Service may not destroy, and shall continue to offer for
sale, any copies of the Multinational Species Conservation
Funds Semipostal Stamp, as authorized under the Multinational
Species Conservation Funds Semipostal Stamp Act of 2010
(Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of chapter 4 of title 5,
United States Code, $268,290,000, to be derived by transfer
from the Postal Service Fund and expended as authorized by
section 603(b)(3) of the Postal Accountability and
Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, and not to
exceed $3,000 for official reception and representation
expenses, $56,727,000, of which $1,000,000 shall remain
available until expended: Provided, That travel expenses of
the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions of funds)
Sec. 601. 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. 602. 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,
except for transfers made pursuant to the authority in
section 3173(d) of title 40, United States Code, unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, 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. 604. 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. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. 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 chapter
83 of title 41, United States Code.
Sec. 607. 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 chapter
83 of title 41, United States Code.
Sec. 608. 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 the Committee on
Appropriations of either the House of Representatives or the
Senate 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 or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, 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 House of Representatives and the Senate to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation, detailing both full-time employee
equivalents and budget authority, with separate columns 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; (2) a delineation in the table for each
appropriation and its respective prior year enacted
[[Page H1396]]
level by object class and program, project, and activity as
detailed in this Act, in the accompanying report, or in the
budget appendix for the respective appropriation, whichever
is more detailed, and which shall apply to all items for
which a dollar amount is specified and to all programs for
which new budget authority is provided, as well as to
discretionary grants and discretionary grant allocations; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 609. 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 Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 619. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 623. No funds provided in this Act shall 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 chapter 4 of title 5, United State
Code, 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. 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. 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
chapter 4 of title 5, United State Code. 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. 624. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II: Provided further, That any such
alternative mechanism shall maintain existing high-cost
[[Page H1397]]
support to competitive eligible telecommunications carriers
until support under such mechanism commences.
Sec. 625. (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 activities, or
other law enforcement- or victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise
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 and unless such awards or
incentive fees are consistent with section 16.401(e)(2) of
the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of
more than $500,000 at any single conference unless the agency
or entity determines that such attendance is in the national
interest and advance notice is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in
the national interest and advance notice is transmitted to
the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of
that determination.
Sec. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov and to further develop the data
analytics capabilities of the Pandemic Response
Accountability Committee to enhance transparency, and to
prevent, detect, and remediate waste, fraud and abuse in
Federal spending, $2,850,000, to remain available until
expended, of which $850,000 is for enhancements to
oversight.gov, shall be provided for an additional amount for
such purposes to the Inspectors General Council Fund
established pursuant to section 11(c)(3)(B) of chapter 4 of
title 5, United States Code: Provided, That these amounts
shall be in addition to any amounts or any authority
available to the Council of the Inspectors General on
Integrity and Efficiency under section 424 of title 5, United
States Code.
Sec. 630. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management
and Budget Circular A-87 (revised May 10, 2004), unless
advance notice of such an obligation is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 631. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to
the agency for advertising or other communications regarding
the programs and activities of the agency.
Sec. 632. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 633. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 634. Not later than 45 days after the last day of
each quarter, each agency funded in this Act shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a quarterly budget report that
includes total obligations of the Agency for that quarter for
each appropriation, by the source year of the appropriation.
Sec. 635. Of the unobligated balances available in the
Department of the Treasury, Treasury Forfeiture Fund,
established by section 9703 of title 31, United States Code,
$387,500,000 shall be permanently rescinded not later than
September 30, 2024.
Sec. 636. Of the unobligated balances of amounts made
available under section 4010 of the American Rescue Plan Act
of 2021 (Public Law 117-2), $10,000,000 are hereby rescinded.
Sec. 637. Of the unobligated balances of amounts made
available under section 4011 of the American Rescue Plan Act
of 2021 (Public Law 117-2), $100,000,000 are hereby
rescinded.
Sec. 638. Of the unobligated balances of amounts made
available under section 3301(a)(2)(A) of the American Rescue
Plan Act of 2021 (Public Law 117-2), $283,000,000 are hereby
rescinded not later than September 30, 2024.
Sec. 639. Of the unobligated balances of amounts made
available under section 7402(c)(2)(A) of the American Rescue
Plan Act of 2021 (Public Law 117-2), $1,768,000,000 are
hereby rescinded not later than September 30, 2024.
Sec. 640. Of the unobligated balances of amounts made
available under section 10301(1)(A)(ii) of the Act to provide
for reconciliation pursuant to title II of S. Con. Res.14
(Public Law 117-169, commonly referred to as the ``Inflation
Reduction Act''), $10,200,000,000 are hereby rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2024 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, vans, law enforcement
vehicles, protective vehicles, undercover surveillance
vehicles, and police-type vehicles), is hereby fixed at
$40,000 except station wagons for which the maximum shall be
$41,140: Provided, That these limits may be exceeded by not
to exceed $7,775 for police-type vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles
purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits
set forth in this section may be exceeded by the incremental
cost of clean alternative fuels vehicles acquired pursuant to
Public Law 101-549 over the cost of comparable conventionally
fueled vehicles: Provided further, That the limits set forth
in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel,
including but not limited to electric, plug-in hybrid
electric, and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of paragraphs (2) and (3)
such affidavits shall be submitted prior to employment and
updated thereafter as necessary: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That
[[Page H1398]]
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
(December 8, 2021), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other 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. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title and the United States Postal
Service.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency,
[[Page H1399]]
which is a member of the Federal Accounting Standards
Advisory Board (FASAB), shall be available to finance an
appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-Wide Policy'' during
fiscal year 2024 shall remain available for obligation
through September 30, 2025: Provided further, That not later
than 90 days after enactment of this Act, the Director of the
Office of Management and Budget, in consultation with the
Administrator of General Services, shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives
a detailed spend plan for the funds to be transferred or
reimbursed: Provided further, That the spend plan shall, at
a minimum, include: (i) the amounts currently in the funds
authorized under this section and the estimate of amounts to
be transferred or reimbursed in fiscal year 2024; (ii) a
detailed breakdown of the purposes for all funds estimated to
be transferred or reimbursed pursuant to this section
(including total number of personnel and costs for all staff
whose salaries are provided for by this section); (iii) where
applicable, a description of the funds intended for use by or
for the benefit of each executive council; and (iv) where
applicable, a description of the funds intended for use by or
for the implementation of specific laws passed by Congress:
Provided further, That no transfers or reimbursements may be
made pursuant to this section until 15 days following
notification of the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the
Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations of
the House of Representatives and the Senate, the House
Committee on Science, Space, and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other 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. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of
[[Page H1400]]
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2024, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal Government,
including the President, the Vice President, a Member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2024,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2024, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2024, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2024 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2024 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2023,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2023,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2023.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2024 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2023.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2024 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2024 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
[[Page H1401]]
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General or the Office of Special Counsel of a violation of
any law, rule, or regulation, or mismanagement, a gross waste
of funds, an abuse of authority, or a substantial and
specific danger to public health or safety, or (4) any other
whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of
this section, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct of
an intelligence or intelligence-related activity, other than
an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 746. (a) During fiscal year 2024, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2024 shall
be the rate payable to the Vice President on December 31,
2023, by operation of section 747 of division E of Public Law
117-328.
(b) Notwithstanding any official rate adjusted under
section 5318 of title 5, United States Code, or any other
provision of law, the payable rate during calendar year 2024
for an employee serving in an Executive Schedule position, or
in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2023,
by operation of section 747 of division E of Public Law 117-
328. Such an employee may not receive a rate increase during
calendar year 2024, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
may not receive a pay rate increase during calendar year
2024, except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality
based payments under section 5304 of title 5, United States
Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a
political appointment may not receive a pay rate increase
during calendar year 2024, except as provided in subsection
(i). This subsection does not apply to employees in the
General Schedule pay system or the Foreign Service pay
system, to employees appointed under section 3161 of title 5,
United States Code, or to employees in another pay system
whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay
under section 3392(c) of title 5, United States Code, for
such time as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980
(Public Law 96-465) for such time as that election is in
effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position only if that new position has higher-level duties
and a pre-established level or range of pay higher than the
level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay
and applicable limitations on payable rates of pay in effect
on December 31, 2023, by operation of section 747 of division
E of Public Law 117-328.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable limitations on payable rates of pay in effect on
December 31, 2023, by operation of section 747 of division E
of Public Law 117-328.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2024 but
ends in calendar year 2025, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay
period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2024.
Sec. 748. In the event of a violation of the Impoundment
Control Act of 1974, the President or the head of the
relevant department or agency, as the case may be, shall
report immediately to the Congress all relevant facts and a
statement of actions taken: Provided, That a copy of each
report shall also be transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General on the same date the report is
transmitted to the Congress.
Sec. 749. (a) Each department or agency of the executive
branch of the United States Government shall notify the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
[[Page H1402]]
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such
appropriation or the execution of a program, project, or
activity by such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information
identifying the bureau, account name, appropriation name, and
Treasury Appropriation Fund Symbol or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds
provided in this or any other appropriations Act for fiscal
year 2024 that are specified in the disclosure table
submitted in compliance with clause 9 of rule XXI of the
Rules of the House of Representatives or Rule XLIV of the
Standing Rules of the Senate that is included in the report
or explanatory statement accompanying any such Act shall be
deemed to be a recipient of a Federal award with respect to
such funds for purposes of the requirements of 2 CFR 200.334,
regarding records retention, and 2 CFR 200.337, regarding
access by the Comptroller General of the United States.
(b) Nothing in this section shall be construed to limit,
amend, supersede, or restrict in any manner any requirements
otherwise applicable to non-Federal entities described in
paragraph (1) or any existing authority of the Comptroller
General.
Sec. 751. Notwithstanding section 1346 of title 31, United
States Code, or section 708 of this Act, funds made available
by this or any other Act to any Federal agency may be used by
that Federal agency for interagency funding for coordination
with, participation in, or recommendations involving,
activities of the U.S. Army Medical Research and Development
Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research
programs.
Sec. 752. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Federal Citizen Services Fund'' with
the approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds, in addition to
amounts otherwise available, shall be administered by the
Administrator of General Services to carry out the purposes
of the Federal Citizen Services Fund and to support
Government-wide and other multi-agency financial, information
technology, procurement, and other activities, including
services authorized by 44 U.S.C. 3604 and enabling Federal
agencies to take advantage of information technology in
sharing information: Provided further, That the total funds
transferred or reimbursed shall not exceed $29,000,000 for
such purposes: Provided further, That the funds transferred
to or for reimbursement of ``General Services Administration,
Federal Citizen Services Fund'' during fiscal year 2024 shall
remain available for obligation through September 30, 2025:
Provided further, That not later than 90 days after enactment
of this Act, the Administrator of General Services, in
consultation with the Director of the Office of Management
and Budget, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed
spend plan for the funds to be transferred or reimbursed:
Provided further, That the spend plan shall, at a minimum,
include: (i) the amounts currently in the funds authorized
under this section and the estimate of amounts to be
transferred or reimbursed in fiscal year 2024; (ii) a
detailed breakdown of the purposes for all funds estimated to
be transferred or reimbursed pursuant to this section
(including total number of personnel and costs for all staff
whose salaries are provided for by this section); and (iii)
where applicable, a description of the funds intended for use
by or for the implementation of specific laws passed by
Congress: Provided further, That no transfers or
reimbursements may be made pursuant to this section until 15
days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
Sec. 753. If, for fiscal year 2024, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 due to estimating differences with the Congressional
Budget Office, an adjustment to the discretionary spending
limit in such category for fiscal year 2024 shall be made by
the Director of the Office of Management and Budget in the
amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that
fiscal year.
Sec. 754. Notwithstanding any other provision of law, the
unobligated balances of funds made available in division J of
the Infrastructure Investment and Jobs Act (Public Law 117-
58) to any department or agency funded by this or any other
Act may be transferred to 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 activities and projects funded by Public
Law 117-58: Provided, That such transfers shall support
activities and projects executed by the department or agency
making such transfer: Provided further, That such transfers
shall be approved by the head of such department or agency
making such transfer: Provided further, That each department
or agency shall provide notification to the Committees on
Appropriations of the House of Representatives and the Senate
no less than 30 days prior to such transfer: Provided
further, That any such transfers from the Department of
Transportation, including from agencies within the Department
of Transportation, shall be from funding provided for
personnel, contracting, and other costs to administer and
oversee grants: Provided further, That amounts transferred
pursuant to this section shall be in addition to amounts
otherwise available for such purposes: Provided further,
That the transfer authority provided in this section shall be
in addition to any other transfer authority provided by law:
Provided further, That amounts 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. 755. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, 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
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless
prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2024.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
[[Page H1403]]
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2024 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal 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. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2024
from appropriations of Federal funds 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 Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2025, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2025 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2025 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2025 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2025.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2025 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2025 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the
United States relating to the District of Columbia (sec. 9-
1201.03, D.C. Official Code) does not apply with respect to
any railroads installed pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means
the project carried out by the District of Columbia and the
Commonwealth of Virginia to construct a new Long Bridge
adjacent to the existing Long Bridge over the Potomac River,
including related infrastructure and other related projects,
to expand commuter and regional passenger rail service and to
provide bike and pedestrian access crossings over the Potomac
River.
Sec. 818. Not later than 45 days after the last day of
each quarter, each Federal and District government agency
appropriated Federal funds in this Act shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a quarterly budget report that includes total
obligations of the Agency for that quarter for each Federal
funds appropriation provided in this Act, by the source year
of the appropriation.
Sec. 819. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2024''.
DIVISION C--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$363,582,000, of which $22,050,000 shall remain available
until September 30, 2025: Provided, That $5,000,000 shall
[[Page H1404]]
be withheld from obligation until the Secretary submits, to
the Committees on Appropriations of the House of
Representatives and the Senate, responses to all questions
for the record for each hearing on the fiscal year 2025
budget submission for the Department of Homeland Security
held by such Committees prior to July 1: Provided further,
That not to exceed $30,000 shall be for official reception
and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and
for executive management for procurement, construction, and
improvements, $8,113,000, to remain available until September
30, 2026.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and
for executive management for Federal assistance through
grants, contracts, cooperative agreements, and other
activities, $33,000,000, which shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'',
of which $18,000,000 shall be for targeted violence and
terrorism prevention grants and of which $15,000,000, to
remain available until September 30, 2025, shall be for the
Alternatives to Detention Case Management pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, including vehicle fleet
modernization, $1,722,204,000: Provided, That not to exceed
$2,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $260,433,000, of
which $87,670,000 shall remain available until September 30,
2026, and of which $172,763,000 shall remain available until
September 30, 2028.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Homeland Security Situational
Awareness for operations and support, $345,410,000, of which
$105,701,000 shall remain available until September 30, 2025:
Provided, That not to exceed $3,825 shall be for official
reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to
buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support, $220,127,000: Provided, That not
to exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2024, to the
Inspector General of the Department of Homeland Security
listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2023 or
2024.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the House
of Representatives and the Senate not later than February 15,
2025.
Sec. 102. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a monthly budget and staffing report that includes total
obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
Sec. 103. (a) The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the House of
Representatives and the Senate of any proposed transfers of
funds available under section 9705(g)(4)(B) of title 31,
United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of
Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the House
of Representatives and the Senate are notified of the
proposed transfer.
Sec. 104. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Office of the Secretary.
Sec. 105. (a) The Under Secretary for Management shall
brief the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after
the end of each fiscal quarter on all Level 1 and Level 2
acquisition programs on the Master Acquisition Oversight list
between Acquisition Decision Event and Full Operational
Capability, including programs that have been removed from
such list during the preceding quarter.
(b) For each such program, the briefing described in
subsection (a) shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s)
sponsoring the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in breach
status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five years,
the current year, and the budget year;
(D) a breakout of the estimate by appropriation account or
other funding source; and
(E) a description of and rationale for any changes to the
estimate as compared to the previously approved baseline, as
applicable, and during the prior fiscal year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for
the current fiscal year, and an estimate for the planned
carryover of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each
approved Acquisition Decision Memorandum for programs
described in this section to the Committees on Appropriations
of the House of Representatives and the Senate not later than
five business days after the date of approval of such
memorandum by the Under Secretary for Management or the
designee of the Under Secretary.
Sec. 106. (a) None of the funds made available to the
Department of Homeland Security in this Act or prior
appropriations Acts may be obligated for any new pilot or
demonstration unless the component or office carrying out
such pilot or demonstration has documented the information
described in subsection (c).
(b) Prior to the obligation of any such funds made
available for ``Operations and Support'' for a new pilot or
demonstration, the Under Secretary for Management shall
provide a report to the Committees on Appropriations of the
House of Representatives and the Senate on the information
described in subsection (c).
(c) The information required under subsections (a) and (b)
for a pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting such
data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost
estimates, and implementation schedules, including a
projected end date.
(d) Not later than 90 days after the date of completion of
a pilot or demonstration described in subsection (e), the
Under Secretary for Management shall provide a report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing lessons learned, actual costs, any
planned expansion or continuation of the pilot or
demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or
demonstration program is a study, demonstration, experimental
program, or trial that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate,
[[Page H1405]]
$5,000,000 or more, but does not include congressionally
directed programs or enhancements and does not include
programs that were in operation as of the date of the
enactment of this Act.
(f) For the purposes of this section, a pilot or
demonstration does not include any testing, evaluation, or
initial deployment phase executed under a procurement
contract for the acquisition of information technology
services or systems, or any pilot or demonstration carried
out by a non-Federal recipient under any financial assistance
agreement funded by the Department.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfers of funds)
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied alien minors; the provision
of air and marine support to Federal, State, local, and
international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at
the discretion of the Secretary of Homeland Security, the
provision of such support to Federal, State, and local
agencies in other law enforcement and emergency humanitarian
efforts; the purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for
personal services abroad; $18,426,870,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall
be available until September 30, 2025; and of which such sums
as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided,
That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations: Provided
further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided further, That $650,000,000 shall be transferred to
``Federal Emergency Management Agency--Federal Assistance''
to support sheltering and related activities provided by non-
Federal entities, in support of relieving overcrowding in
short-term holding facilities of U.S. Customs and Border
Protection, of which not to exceed $9,100,000 shall be for
the administrative costs of the Federal Emergency Management
Agency: Provided further, That not to exceed $2,500,000 may
be transferred to the Bureau of Indian Affairs for the
maintenance and repair of roads on Native American
reservations used by the U.S. Border Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border
Protection for procurement, construction, and improvements,
including procurement of marine vessels, aircraft, and
unmanned aerial systems, $850,170,000, of which $758,056,000
shall remain available until September 30, 2026, and of which
$92,114,000 shall remain available until September 30, 2028.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $9,501,542,000;
of which not less than $6,000,000 shall remain available
until expended for efforts to enforce laws against forced
child labor; of which $46,696,000 shall remain available
until September 30, 2025; of which not less than $2,000,000
is for paid apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for
investigation of intellectual property rights violations,
including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than
$5,082,218,000 shall be for enforcement, detention, and
removal operations, including transportation of unaccompanied
alien minors: Provided, That not to exceed $41,475 shall be
for official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available
until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081): Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided further, That not
to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$55,520,000, of which $35,420,000 shall remain available
until September 30, 2026, and of which $20,100,000 shall
remain available until September 30, 2028.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $10,164,968,000,
of which $600,000,000 shall remain available until September
30, 2025: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses: Provided
further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That
the sum appropriated 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
so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $6,744,968,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $40,678,000, to remain available until
September 30, 2026.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $14,641,000, to
remain available until September 30, 2025.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations
and support including the Coast Guard Reserve; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase,
lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156
of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $10,054,771,000, of which
$530,000,000 shall be for defense-related activities; of
which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $20,000,000 shall remain available
until September 30, 2026; of which $24,717,000 shall remain
available until September 30, 2028, for environmental
compliance and restoration; and of which $100,000,000 shall
remain available until September 30, 2025, which shall only
be available for vessel depot level maintenance: Provided,
That not to exceed $23,000 shall be for official reception
and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of
Defense installations used by the Coast Guard), and vessels
and aircraft, including equipment related thereto,
$1,413,950,000, to remain available until September 30, 2028;
of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $7,476,000, to remain
available until September 30, 2026, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356
of title 37, United States Code, concurrent receipts, combat-
related special compensation, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,147,244,000, to remain
available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to
exceed 652 vehicles for police-type use; hire of passenger
[[Page H1406]]
motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; rental of buildings in the District
of Columbia; fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform
protective functions; conduct of and participation in
firearms matches; presentation of awards; conduct of
behavioral research in support of protective intelligence and
operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and
payment, without regard to section 5702 of title 5, United
States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty
stations; $3,007,982,000; of which $138,383,000 shall remain
available until September 30, 2025, and of which $6,000,000
shall be for a grant for activities related to investigations
of missing and exploited children; and of which up to
$24,000,000 may be for calendar year 2023 premium pay in
excess of the annual equivalent of the limitation on the rate
of pay contained in section 5547(a) of title 5, United States
Code, pursuant to section 2 of the Overtime Pay for
Protective Services Act of 2016 (5 U.S.C. 5547 note), as last
amended by Public Law 118-38: Provided, That not to exceed
$19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal
investigations within the jurisdiction of the United States
Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $75,598,000,
to remain available until September 30, 2026.
research and development
For necessary expenses of the United States Secret Service
for research and development, $4,217,000, to remain available
until September 30, 2025.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act, except that ``fiscal year 2024'' shall be
substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and
prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections
740 and 1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs
and Border Protection--Operations and Support'', $31,000,000,
to remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2024 from amounts authorized to be collected by section
286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125), or other such authorizing language.
(b) To the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to
remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law,
none of the funds provided in this or any other Act shall be
used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46,
United States Code, for the transportation of crude oil
distributed from and to the Strategic Petroleum Reserve until
the Secretary of Homeland Security, after consultation with
the Secretaries of the Departments of Energy and
Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels.
(b) The Secretary shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate within 2 business
days of any request for waivers of navigation and vessel-
inspection laws pursuant to section 501(b) of title 46,
United States Code, with respect to such transportation, and
the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means
a fee that every pedestrian, cyclist, and driver and
passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern
border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall submit an expenditure plan for any
amounts made available for ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations
of the House of Representatives and the Senate.
(b) No such amounts provided in this Act may be obligated
prior to the submission of such plan.
Sec. 209. Section 211 of the Department of Homeland
Security Appropriations Act, 2021 (division F of Public Law
116-260), prohibiting the use of funds for the construction
of fencing in certain areas, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act.
Sec. 210. (a) Funds made available in this Act may be used
to alter operations within the National Targeting Center of
U.S. Customs and Border Protection.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts 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 components
funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 211. Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $850,170,000 shall be available only as
follows:
(1) $283,500,000 for the acquisition and deployment of
border security technologies;
(2) $380,900,000 for trade and travel assets and
infrastructure;
(3) $92,114,000 for facility construction and improvements;
(4) $75,983,000 for integrated operations assets and
infrastructure; and
(5) $17,673,000 for mission support and infrastructure.
Sec. 212. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 213. (a) None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection
(a) shall be conducted by the U.S. Immigration and Customs
Enforcement Office of Professional Responsibility.
Sec. 214. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 215. The reports required to be submitted under
section 216 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260)
shall continue to be submitted semimonthly and each matter
required to be included in such reports by such section 216
shall apply in the same manner and to the same extent during
the period described in such section 216.
Sec. 216. The terms and conditions of sections 216 and 217
of the Department of Homeland Security Appropriations Act,
2020 (division D of Public Law 116-93) shall apply to this
Act.
Sec. 217. Not later than 45 days after the date of
enactment of this Act, the Chief Financial Officer of U.S.
Immigration and Customs Enforcement shall submit to the
Committees on Appropriations of the House of
[[Page H1407]]
Representatives and the Senate an obligation plan for amounts
made available in this Act for ``U.S. Immigration and Customs
Enforcement'', delineated by level II program, project, and
activity.
Sec. 218. (a) Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
(b) None of the funds made available in this or any other
Act, including prior Acts, or provided from any accounts in
the Treasury of the United States derived by the collection
of fees available to the components funded by this Act may be
used to carry out legislation altering the applicability of
the screening requirements outlined in subsection (a).
Sec. 219. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2024, any funds in the
Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems
or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 220. Not later than 45 days after the submission of
the President's budget proposal, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations and Homeland Security of the
House of Representatives and the Committees on Appropriations
and Commerce, Science, and Transportation of the Senate a
single report that fulfills the following requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of
2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security
Appropriations Act, 2019 (Senate Report 115-283).
Sec. 221. (a) None of the funds made available by this Act
under the heading ``Coast Guard--Operations and Support''
shall be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to the appropriation made available by this Act under the
heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay
expenses of recreational vessel documentation under such
section 12114, and there is a backlog of recreational vessel
applications, personnel performing non-recreational vessel
documentation functions under subchapter II of chapter 121 of
title 46, United States Code, may perform documentation under
section 12114.
Sec. 222. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the House of Representatives and the
Senate a future-years capital investment plan as described in
the second proviso under the heading ``Coast Guard--
Acquisition, Construction, and Improvements'' in the
Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such
heading.
Sec. 223. None of the funds in this Act shall be used to
reduce the Coast Guard's legacy Operations Systems Center
mission or its government-employed or contract staff levels.
Sec. 224. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 225. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 226. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2024 shall be available until expended to
carry out the purposes of section 2946 of title 14, United
States Code, and shall be in addition to funds otherwise
available for such purposes.
Sec. 227. (a) Notwithstanding section 2110 of title 46,
United States Code, none of the funds made available in this
Act shall be used to charge a fee for an inspection of a
towing vessel, as defined in 46 CFR 136.110, that utilizes
the Towing Safety Management System option for a Certificate
of Inspection issued under subchapter M of title 46, Code of
Federal Regulations.
(b) Subsection (a) shall not apply after the date the
Commandant of the Coast Guard makes a determination under
section 815(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and, as
necessary based on such determination, carries out the
requirements of section 815(b) of such Act.
Sec. 228. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
executive agencies, as defined in section 105 of title 5,
United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at
the end of the fiscal year.
Sec. 229. (a) None of the funds made available to the
United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security.
(b) The Director of the United States Secret Service may
enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 230. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 231. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the House of Representatives
and the Senate 10 or more days in advance, or as early as
practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$2,382,814,000, of which $24,424,000 shall remain available
until September 30, 2025: Provided, That not to exceed
$3,825 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $489,401,000, to remain available until
September 30, 2026.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$793,000, to remain available until September 30, 2025.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,483,990,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$99,528,000, of which $63,278,000 shall remain available
until September 30, 2026, and of which $36,250,000 shall
remain available until September 30, 2028.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,497,019,369, which shall
be allocated as follows:
(1) $468,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $81,000,000 shall be for
Operation Stonegarden and $13,500,000 shall be for Tribal
Homeland Security Grants under section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606): Provided, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2024, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $553,500,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $274,500,000 for the Nonprofit Security Grant Program
under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a), of which $137,250,000 is for eligible
recipients located in high-risk urban areas that receive
funding under section 2003 of such Act and $137,250,000 is
for eligible recipients that are located outside such areas:
Provided, That eligible recipients are those described in
section 2009(b) of such Act (6
[[Page H1408]]
U.S.C. 609a(b)) or are an otherwise eligible recipient at
risk of a terrorist or other extremist attack.
(4) $94,500,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road
Bus Security Assistance under sections 1406, 1513, and 1532
of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$9,000,000 shall be for Amtrak security and $1,800,000 shall
be for Over-the-Road Bus Security: Provided, That such
public transportation security assistance shall be provided
directly to public transportation agencies.
(5) $90,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(6) $648,000,000, to remain available until September 30,
2025, of which $324,000,000 shall be for Assistance to
Firefighter Grants and $324,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $319,500,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762
of title 6, United States Code, and Reorganization Plan No. 3
of 1978 (5 U.S.C. App.).
(8) $281,475,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood
Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain
available until expended.
(9) $10,800,000 for Regional Catastrophic Preparedness
Grants.
(10) $117,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2025: Provided, That not to exceed 3.5 percent
shall be for total administrative costs.
(11) $40,000,000 for the Next Generation Warning System.
(12) $293,757,369 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table
entitled ``Homeland Security--Community Project Funding/
Congressionally Directed Spending'' under the ``Disclosure of
Earmarks and Congressionally Directed Spending Items''
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), of which--
(A) $103,189,080, in addition to amounts otherwise made
available for such purpose, is for emergency operations
center grants under section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c); and
(B) $190,568,289, in addition to amounts otherwise made
available for such purpose, is for pre-disaster mitigation
grants under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(e),
notwithstanding subsections (f), (g), and (l) of that section
(42 U.S.C. 5133(f), (g), (l)).
(13) $305,987,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $20,261,000,000, to remain available
until expended: Provided, That such amount shall be for
major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126
Stat. 916), and the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$239,983,000, to remain available until September 30, 2025,
which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which $18,917,000 shall be
available for mission support associated with flood
management; and of which $221,066,000 shall be available for
flood plain management and flood mapping: Provided, That any
additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as offsetting collections to this account,
to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2024, no funds shall
be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of--
(1) $230,504,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,300,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such Act
(42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That
up to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42
U.S.C. 4033).
Administrative Provisions
(including transfers of funds)
Sec. 301. Funds made available under the heading
``Cybersecurity and Infrastructure Security Agency--
Operations and Support'' may be made available for the
necessary expenses of procuring or providing access to
cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United
States, state, local, tribal, and territorial entities,
fusion centers as described in section 210A of the Homeland
Security Act (6 U.S.C. 124h), and Information Sharing and
Analysis Organizations.
Sec. 302. (a) Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (5) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the recipient for expenses directly related to
administration of the grant.
(b) The authority provided in subsection (a) shall also
apply to a state recipient for the administration of a grant
under such paragraph (3).
Sec. 303. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (5), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application.
Sec. 304. (a) Under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for grants under
paragraphs (1) through (5) and (9), the Administrator of the
Federal Emergency Management Agency shall brief the
Committees on Appropriations of the House of Representatives
and the Senate 5 full business days in advance of announcing
publicly the intention of making an award.
(b) If any such public announcement is made before 5 full
business days have elapsed following such briefing,
$1,000,000 of amounts appropriated by this Act for ``Federal
Emergency Management Agency--Operations and Support'' shall
be rescinded.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), related to
reporting on the Disaster Relief Fund, shall be applied in
fiscal year 2024 with respect to budget year 2025 and current
fiscal year 2024, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2025''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Staffing for Adequate Fire and Emergency Response grants, the
Administrator of the Federal Emergency Management Agency may
grant waivers from the requirements in subsections (a)(1)(A),
(a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section
34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a).
Sec. 308. (a) The aggregate charges assessed during fiscal
year 2024, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year.
[[Page H1409]]
(b) The methodology for assessment and collection of fees
shall be fair and equitable and shall reflect costs of
providing such services, including administrative costs of
collecting such fees.
(c) Such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2024, and remain available until expended.
Sec. 309. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Assistance to Firefighter Grants, the Administrator of the
Federal Emergency Management Agency may waive subsection (k)
of section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229).
Sec. 310. Any unobligated balances of funds appropriated
in any prior Act for activities funded by the National
Predisaster Mitigation Fund under section 203 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), as in effect on the day before the date of
enactment of section 1234 of division D of Public Law 115-
254, may be transferred to and merged with funds set aside
pursuant to subsection (i)(1) of section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), as in effect on the date of the enactment of
this section.
Sec. 311. Any unobligated balances of funds appropriated
under the heading ``Federal Emergency Management Agency--
Flood Hazard Mapping and Risk Analysis Program'' in any prior
Act may be transferred to and merged with funds appropriated
under the heading ``Federal Emergency Management Agency--
Federal Assistance'' for necessary expenses for Flood Hazard
Mapping and Risk Analysis: Provided, That funds transferred
pursuant to this section shall be in addition to and
supplement any other sums appropriated for such purposes
under the National Flood Insurance Fund and such additional
sums as may be provided by States or other political
subdivisions for cost-shared mapping activities under section
1360(f)(2) of the National Flood Insurance Act of 1968 (42
U.S.C. 4101(f)(2)), to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support, including for the E-
Verify Program, the Refugee and International Operations
Programs, and backlog reduction, $271,140,000: Provided,
That such amounts shall be in addition to any other amounts
made available for such purposes, and shall not be construed
to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)): Provided further, That not to exceed $5,000 shall
be for official reception and representation expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $10,000,000, to remain available
until September 30, 2025.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use
and hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code,
$357,100,000, of which $66,665,000 shall remain available
until September 30, 2025: Provided, That not to exceed
$7,180 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $20,100,000, to remain available until
September 30, 2028, for acquisition of necessary additional
real property and facilities, construction and ongoing
maintenance, facility improvements and related expenses of
the Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the
purchase or lease of not to exceed 5 vehicles, $369,811,000,
of which $206,093,000 shall remain available until September
30, 2025: Provided, That not to exceed $10,000 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology
Directorate for procurement, construction, and improvements,
$61,000,000, to remain available until September 30, 2028.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $310,823,000, to
remain available until September 30, 2026.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $163,280,000,
of which $69,364,000 shall remain available until September
30, 2025: Provided, That not to exceed $2,250 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $42,338,000, to remain available until
September 30, 2026.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $60,938,000,
to remain available until September 30, 2026.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$142,885,000, to remain available until September 30, 2026.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration
Services may authorize employees who are assigned to those
areas to use such vehicles to travel between the employees'
residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. Notwithstanding any other provision of law, any
Federal funds made available to U.S. Citizenship and
Immigration Services may be used for the collection and use
of biometrics taken at a U.S. Citizenship and Immigration
Services Application Support Center that is overseen
virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating
in training accreditation.
Sec. 405. The Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement
Training Centers may accept transfers to its ``Procurement,
Construction, and Improvements'' account from Government
agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C.
1535(b)).
(b) The Federal Law Enforcement Training Centers shall
maintain administrative control and ownership upon completion
of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. 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. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, 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. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security 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 components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which
[[Page H1410]]
funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2024 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever
is less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the
Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 30 days in advance of such
reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations
Acts may be transferred between such appropriations if the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 30 days in advance of
such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations--
(1) based upon an initial notification provided after June
15, except in extraordinary circumstances that imminently
threaten the safety of human life or the protection of
property;
(2) to increase or decrease funding for grant programs; or
(3) to create a program, project, or activity pursuant to
subsection (a)(1), including any new function or requirement
within any program, project, or activity, not approved by
Congress in the consideration of the enactment of this Act.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act
in the same manner as such section applied to funds made
available in that Act.
(b) Funds from such working capital fund may be obligated
and expended in anticipation of reimbursements from
components of the Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2024, as
recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2025,
from appropriations for ``Operations and Support'' for fiscal
year 2024 in this Act shall remain available through
September 30, 2025, in the account and for the purposes for
which the appropriations were provided.
(b) Prior to the obligation of such funds, a notification
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for
intelligence 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. 414) during fiscal
year 2024 until the enactment of an Act authorizing
intelligence activities for fiscal year 2024.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--
Operations and Support'' that exceed the amounts in such
authorization for such account shall be transferred to and
merged with amounts made available under the heading
``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the
Committees on Appropriations of the House of Representatives
and the Senate on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a multiple award
contract, or to issue a letter of intent totaling in excess
of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the House of Representatives and the
Senate not later than 5 full business days after such an
award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without advance notification to the
Committees on Appropriations of the House of Representatives
and the Senate, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers'
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 522 and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
Sec. 511. (a) None of the funds made available in this Act
may be used in contravention of the applicable provisions of
the Buy American Act.
(b) For purposes of subsection (a), the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452)
unless explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the House of Representatives and the Senate may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 516. None of the funds made available in 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. 517. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. 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 performance that does not meet
the basic requirements of a contract.
Sec. 519. (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, territorial, or
local law enforcement agency or any other entity carrying out
criminal investigations, prosecution, or adjudication
activities.
Sec. 520. None of the funds made available in this Act 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. 521. (a) None of the funds made available in this Act
may be used to pay for the travel to or attendance of more
than 50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
[[Page H1411]]
Homeland Security, or a designee, 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 10 days of that determination
and the basis for that determination.
(b) 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.
(c) The total cost to the Department of Homeland Security
of any such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without
travel away from their permanent duty station within the
United States shall not be counted for purposes of this
section, and the prohibition contained in this section shall
not apply to payments for the costs of attendance for such
employees.
Sec. 522. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 523. (a) None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for the implementation of any structural pay
reform or the introduction of any new position classification
that will affect more than 100 full-time positions or costs
more than $5,000,000 in a single year before the end of the
30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 524. (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 Committees on Appropriations of the House of
Representatives and the Senate in this 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 homeland
or 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
Committees on Appropriations of the House of Representatives
and the Senate for not less than 45 days except as otherwise
specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement,
construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary
schooling of dependents shall continue in effect during
fiscal year 2024.
Sec. 527. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any
facility operated by or for the Department of Homeland
Security used to detain or otherwise house aliens, or to make
any temporary modification at any such facility that in any
way alters what is observed by a visiting Member of Congress
or such designated employee, compared to what would be
observed in the absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by
such a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (a) for the purpose
of conducting oversight.
(c) With respect to individuals described in subsection
(a)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent
to enter a facility described in subsection (a).
Sec. 528. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant
or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a
pregnant woman if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the
woman.
(c) If a pregnant woman is restrained pursuant to
subsection (b), only the safest and least restrictive
restraints, as determined by the appropriate medical
professional treating the woman, may be used. In no case may
restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained
in a face-down position with four-point restraints, on her
back, or in a restraint belt that constricts the area of the
pregnancy. A pregnant woman who is immobilized by restraints
shall be positioned, to the maximum extent feasible, on her
left side.
Sec. 529. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other
record pertaining to any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of
Homeland Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and
regulations, and Federal rules governing disclosure in
litigation, to an individual who has been charged with a
crime, been placed into segregation, or otherwise punished as
a result of an allegation described in paragraph (3), upon
the request of such individual.
Sec. 530. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with
respect to any Federal funds in the same manner as such
section applied to funds made available in that Act.
Sec. 531. (a) Not later than 10 days after the date on
which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the Under Secretary for Management of
Homeland Security shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report on the unfunded priorities, for the Department of
Homeland Security and separately for each departmental
component, for which discretionary funding would be
classified as budget function 050.
(b) Each report under this section shall specify, for each
such unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the
case of a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the budget
to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
Sec. 532. (a) Not later than 10 days after a determination
is made by the President to evaluate and initiate protection
under any authority for a former or retired Government
official or employee, or for an individual who, during the
duration of the directed protection, will become a former or
retired Government official or employee (referred to in this
section as a ``covered individual''), the Secretary of
Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations
of the House of Representatives and the Senate, the
Committees on the Judiciary of the House of Representatives
and the Senate, the Committee on Homeland Security of the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate
congressional committees'').
(b) Such notification may be submitted in classified form,
if necessary, and in consultation with the Director of
National Intelligence or the Director of the Federal Bureau
of Investigation, as appropriate, and shall include the
threat assessment, scope of the protection, and the
anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days
before terminating, protection for
[[Page H1412]]
a covered individual, the Secretary of Homeland Security
shall submit a notification regarding the extension or
termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional
committees.
(d) Not later than 45 days after the date of enactment of
this Act, and quarterly thereafter, the Secretary shall
submit a report to the congressional leadership and the
appropriate congressional committees, which may be submitted
in classified form, if necessary, detailing each covered
individual, and the scope and associated cost of protection.
Sec. 533. (a) None of the funds provided to the Department
of Homeland Security in this or any prior Act may be used by
an agency to submit an initial project proposal to the
Technology Modernization Fund (as authorized by section 1078
of subtitle G of title X of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project
proposal to the Technology Modernization Board, the head of
the agency--
(1) notifies the Committees on Appropriations of the House
of Representatives and the Senate of the proposed submission
of the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding
requested as part of the Department's most recent budget
submission.
(b) None of the funds provided to the Department of
Homeland Security by the Technology Modernization Fund shall
be available for obligation until 15 days after a report on
such funds has been transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable;
and
(5) other information as determined by the Secretary.
Sec. 534. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2025 that
assumes revenues or proposes a reduction from the previous
year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary
of Homeland Security shall provide the Committees on
Appropriations of the House of Representatives and the Senate
specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such
proposals in the event that they are not enacted prior to
October 1, 2024.
Sec. 535. 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. 536. No Federal funds made available to the
Department of Homeland Security may be used to enter into a
procurement contract, memorandum of understanding, or
cooperative agreement with, or make a grant to, or provide a
loan or guarantee to, any entity identified under section
1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
or any subsidiary of such entity.
Sec. 537. 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. 538. (a) The Secretary of Homeland Security (in this
section referred to as the ``Secretary'') shall, on a
bimonthly basis beginning immediately after the date of
enactment of this Act, develop estimates of the number of
noncitizens anticipated to arrive at the southwest border of
the United States.
(b) The Secretary shall ensure that, at a minimum, the
estimates developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act and in support of--
(A) the President's annual budget request pursuant to
section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to Congress;
(C) any reprogramming and transfer notification pursuant to
section 503 of this Act; and
(D) such budget materials shall include--
(i) the most recent bimonthly estimates developed pursuant
to subsection (a);
(ii) a description and quantification of the estimates used
to justify funding requests for Department programs related
to border security, immigration enforcement, and immigration
services;
(iii) a description and quantification of the anticipated
workload and requirements resulting from such estimates; and
(iv) a confirmation as to whether the budget requests for
impacted agencies were developed using the same estimates.
(c) The Secretary shall share the bimonthly estimates
developed pursuant to subsection (a) with the Secretary of
Health and Human Services, the Attorney General, the
Secretary of State, and the Committees on Appropriations of
the House of Representatives and the Senate.
(d) If the bimonthly estimates described in subsection (b)
are not provided for the purposes described, the
reprogramming and transfer authority provided in section 503
of this Act shall be suspended until such time as the
required estimates are provided to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 539. (a) Section 538 of the Department of Homeland
Security Appropriations Act, 2022 (division F of Public Law
117-103) is amended by striking subsection (d) and inserting
the following--
``(d) Amounts in the Fund may not be apportioned or
allotted for any fiscal year until after the date on which
the Act making full-year appropriations for the Department of
Homeland Security for the applicable fiscal year is enacted
into law, subject to subsection (e).
``(e) The Committees on Appropriations of the House of
Representatives and the Senate shall be notified at least 15
days in advance of the planned use of funds.''.
(b) The amendments made by this section shall apply to
amounts transferred under such section 538 on or after the
date of enactment of this Act.
Sec. 540. (a) Prior to the Secretary of Homeland Security
requesting assistance from the Department of Defense for
border security operations, the Secretary shall ensure that
an alternatives analysis and cost-benefit analysis is
conducted before such request is made, which shall include an
examination of obtaining such support through other means.
(b) Not later than 30 days after the date on which a
request for assistance is made, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report
detailing the types of support requested, the alternatives
analysis and cost-benefit analysis described in subsection
(a), and the operational impact to Department of Homeland
Security operations of any Department of Defense border
security support requested by the Secretary.
(c) Not later than 30 days after the date on which a
request made for assistance is granted and quarterly
thereafter through the duration of such assistance, the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the House of Representatives and the
Senate, a report detailing the assistance provided and the
operational impacts to border security operations.
Sec. 541. Funds made available in this Act or any other
Act for Operations and Support may be used for the necessary
expenses of providing an employee emergency back-up care
program.
Sec. 542. (a) Not less than $5,000,000 made available in
this Act shall be transferred to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' to support and
conduct necessary operations of the Blue Campaign for fiscal
year 2024.
(b) Prior to the obligation of funds made available by
subsection (a), notification shall be submitted to the
Committees on Appropriations of the House of Representatives
and the Senate.
(rescissions of funds)
Sec. 543. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985:
(1) $800,000 from unobligated balances available in the
``Office of the Secretary and Executive Management--
Operations and Support'' account (70 23/24 0100).
(2) $4,100,000 from the unobligated balances available in
the ``Management Directorate--Office of the Chief Information
Officer and Operations'' account (70 X 0113).
(3) $1,473,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' account (70 X 0532).
(4) $1,842,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology'' account (70 X
0533).
(5) $450,000 from the unobligated balances available in the
``U.S. Customs and Border
[[Page H1413]]
Protection--Air and Marine Interdiction, Operations,
Maintenance, and Procurement'' account (70 X 0544).
(6) $3,000,000 from the unobligated balances available in
the ``U.S. Immigration and Customs Enforcement--Operations
and Support'' account (70 23/24 0540).
(7) $782,419 from the unobligated balances available in the
``U.S. Immigration and Customs Enforcement--Operations and
Support'' account (70 X 0540).
(8) $10,471 from the unobligated balances available in the
``U.S. Immigration and Customs Enforcement--Automation
Modernization'' account (70 X 0543).
(9) $22,600,000 from the unobligated balances available in
the ``Coast Guard--Acquisition, Construction, and
Improvements'' account (70 X 0613).
(10) $150,000,000 from the unobligated balances available
in the ``Coast Guard--Procurement, Construction, and
Improvements'' account.
(11) $2,400,000 from the unobligated balances available in
the ``United States Secret Service--Operations and Support''
account (70 X 0400).
(12) $4,000,000 from the unobligated balances available in
the ``United States Secret Service--Procurement,
Construction, and Improvements'' account (70 23/25 0401).
(13) $3,500,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--
Procurement, Construction, and Improvements'' account (70 23/
27 0412).
(14) $2,000,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--
Research and Development'' account (70 23/24 0805).
(15) $5,821,000 from the unobligated balances available in
the ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' account (70 X 0716).
(16) $40,000 from the unobligated balances available in the
``U.S. Citizenship and Immigration Services--Operations and
Support'' account (70 X 0300).
(17) $46,968 from the unobligated balances available in the
``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements'' account (70 20/24 0510).
(18) $900,000 from the unobligated balances available in
the ``Science and Technology Directorate--Operations and
Support'' account (70 X 0800).
(19) $2,000,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--Research
and Development'' account (70 22/24 0860).
(20) $2,900,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--
Procurement, Construction, and Improvements'' account (70 22/
24 0862).
(21) $19,700,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--
Procurement, Construction, and Improvements'' account (70 23/
25 0862).
(22) $11,208,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction--Research and
Development'' account (70 23/25 0860).
(23) $11,478 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Research and
Development'' account (70 X 0860).
Sec. 544. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2023 (Public Law 117-328) are rescinded:
(1) $1,025,240 from ``Office of the Secretary and Executive
Management--Operations and Support''.
(2) $982,350 from ``Management Directorate--Operations and
Support''.
(3) $757,750 from ``Intelligence, Analysis, and Situational
Awareness--Operations and Support''.
(4) $102,031 from ``Office of the Inspector General--
Operations and Support''.
(5) $6,952,560 from ``U.S. Customs and Border Protection--
Operations and Support''.
(6) $7,661,620 from ``U.S. Immigration and Customs
Enforcement--Operations and Support''.
(7) $31,022,129 from ``Coast Guard--Operations and
Support''.
(8) $364,550 from ``United States Secret Service--
Operations and Support''.
(9) $1,407,050 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support''.
(10) $2,454,920 from ``Federal Emergency Management
Agency--Operations and Support''.
(11) $3,146,930 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(12) $232,590 from ``Federal Law Enforcement Training
Centers--Operations and Support''.
(13) $51,440 from ``Science and Technology Directorate--
Operations and Support''.
(14) $73,440 from ``Countering Weapons of Mass Destruction
Office--Operations and Support''.
Sec. 545. Of the unobligated balances in the ``Department
of Homeland Security Nonrecurring Expenses Fund'' established
in section 538 of division F of Public Law 117-103, $699,662
are hereby rescinded.
Sec. 546. (a) Of the unobligated balances from amounts made
available by section 104A(m) of Public Law 103-325 (12 U.S.C.
4703a(m)), $30,000,000 are hereby permanently rescinded.
(b) Of the unobligated balances in the fund established by
section 223 of division G of Public Law 110-161, $87,900,000
are hereby rescinded not later than September 30, 2024.
(c)(1) Of the unobligated balances of funds made available
by sections 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501,
2502, 2704, 3101, and 9911 of Public Law 117-2, $239,000,000
are hereby rescinded.
(2) The report required to be submitted pursuant to section
529 of division D of this consolidated Act shall include the
amounts rescinded pursuant to this subsection.
(d) Of the unobligated balances in the fund established
pursuant to section 527 of title 28, United States Code,
$75,000,000 are hereby permanently rescinded not later than
September 30, 2024.
(e) Of the amounts provided in title II of this Act under
the heading ``United States Secret Service--Operations and
Support'', $320,000,000 shall be paid from the unobligated
balances from amounts in the fund established by section
9006(a) of title 26, United States Code.
(f)(1) Of the total amount provided in title III of this
Act under the heading ``Federal Emergency Management Agency--
Federal Assistance'', $364,000,000 shall be derived by
transfer from the unobligated balances from amounts made
available in paragraph (2) under such heading in title V of
division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58) and shall be merged with amounts provided
under such heading in title III of this Act.
(2) Amounts repurposed or transferred pursuant to 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. 547. Notwithstanding the amounts made available for
vocational rehabilitation services pursuant to title I of the
Rehabilitation Act in ``Department of Education--
Rehabilitation Services'' in division D of this Act and
notwithstanding sections 100(b)(1) and 100(c)(2) of the
Rehabilitation Act, each State shall be entitled to an
allotment equal to the amount such State received pursuant to
section 110(a) of the Rehabilitation Act for the fiscal year
ending September 30, 2023, prior to any additions or
reductions under section 110(b) or section 111(a)(2)(B):
Provided, That, of such amounts made available under the
heading ``Department of Education--Rehabilitation Services''
in division D of this Act, $286,791,761 is hereby rescinded:
Provided further, That, for fiscal year 2025, each State
shall be entitled to an allotment pursuant to section 110(b)
of the Rehabilitation Act that shall be calculated as if this
section were not in effect in fiscal year 2024.
Sec. 548. The fourth proviso under the heading ``National
Park Service--Historic Preservation Fund'' in division E of
the Consolidated Appropriations Act, 2024 (Public Law 118-
42), is amended by striking ``$12,500,000'' and inserting
``$10,000,000''.
Sec. 549. (a) Of the unobligated balances made available
under the heading ``Community Development Fund'' in title II
of division F of the Consolidated Appropriations Act, 2024
(Public Law 118-42) for grants for the Economic Development
Initiative (EDI) specified in paragraph (4) of such heading,
$1,000,000 is hereby permanently rescinded: Provided, That
no amounts may be rescinded from 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 such consolidated Act.
(b) The matter under the heading ``Transit Infrastructure
Grants'' in title I of division F of Public Law 118-42 is
amended--
(1) in the matter preceding the first proviso, by striking
``$252,386,844'' and inserting ``$253,386,844''; and
(2) in paragraph (1), by striking ``$20,000,000'' and
inserting ``$21,000,000''.
Sec. 550. (a) 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, the
item relating to ``The Veterans' Place Renovation'' is deemed
to be amended by striking ``Renovation'' and inserting ``New
Construction''.
(b) In the table of projects entitled ``Community Project
Funding/Congressionally Directed Spending'' in the
explanatory statement for division F of the Consolidated
Appropriations Act, 2024 (Public Law 118-42) described in
section 4 in the matter preceding division A of such Act, the
item relating to ``Kingfield Multi-Family Housing'' is deemed
to be amended by striking ``Kingfield''.
Sec. 551. The table entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory
statement for division F of the Consolidated Appropriations
Act, 2024 (Public Law 118-42) described in section 4 in the
matter preceding division A of such Act is deemed to be
amended by adding at the end the items in the table entitled
``THUD Addendum'' in the explanatory statement for this
division described in section 4 (in the matter preceding
division A of this consolidated Act).
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2024''.
[[Page H1414]]
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $4,006,421,000 plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,929,332,000 as
follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available for the
period July 1, 2024 through June 30, 2025, and of which
$712,000,000 shall be available for the period October 1,
2024 through June 30, 2025;
(B) $948,130,000 for youth activities, which shall be
available for the period April 1, 2024 through June 30, 2025;
and
(C) $1,095,553,000 for dislocated worker employment and
training activities, of which $235,553,000 shall be available
for the period July 1, 2024 through June 30, 2025, and of
which $860,000,000 shall be available for the period October
1, 2024 through June 30, 2025:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of the WIOA
shall not be subject to the requirements of section
127(b)(1)(B)(ii) of such Act: Provided further, That
notwithstanding the requirements of WIOA, outlying areas may
submit a single application for a consolidated grant that
awards funds that would otherwise be available to such areas
to carry out the activities described in subtitle B of title
I of the WIOA: Provided further, That such application shall
be submitted to the Secretary of Labor (referred to in this
title as ``Secretary''), at such time, in such manner, and
containing such information as the Secretary may require:
Provided further, That outlying areas awarded a consolidated
grant described in the preceding provisos may use the funds
for any of the programs and activities authorized under such
subtitle B of title I of the WIOA subject to approval of the
application and such reporting requirements issued by the
Secretary; and
(2) for national programs, $1,077,089,000 as follows:
(A) $300,859,000 for the dislocated workers assistance
national reserve, of which $100,859,000 shall be available
for the period July 1, 2024 through September 30, 2025, and
of which $200,000,000 shall be available for the period
October 1, 2024 through September 30, 2025: Provided, That
funds provided to carry out section 132(a)(2)(A) of the WIOA
may be used to provide assistance to a State for statewide or
local use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with emerging
economic development needs; and train such eligible
dislocated workers: Provided further, That funds provided to
carry out sections 168(b) and 169(c) of the WIOA may be used
for technical assistance and demonstration projects,
respectively, that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary may reserve
not more than 10 percent of such funds to provide technical
assistance and carry out additional activities related to the
transition to the WIOA: Provided further, That of the funds
provided under this subparagraph, $115,000,000 shall be for
training and employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $50,000,000 shall be for workers in the Appalachian
region, as defined by 40 U.S.C. 14102(a)(1), workers in the
Lower Mississippi, as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C.
2009aa(2)), and workers in the region served by the Northern
Border Regional Commission, as defined by 40 U.S.C. 15733;
and
(ii) $65,000,000 shall be for the purpose of developing,
offering, or improving educational or career training
programs at community colleges, defined as public
institutions of higher education, as described in section
101(a) of the Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree awarded,
with other eligible institutions of higher education, as
defined in section 101(a) of the Higher Education Act of
1965, eligible to participate through consortia, with
community colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the program in
House Report 116-62: Provided further, That any grant funds
used for apprenticeships shall be used to support only
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA;
(B) $60,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2024 through June 30, 2025;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $90,134,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $6,591,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $671,000 for
other discretionary purposes, which shall be available for
the period April 1, 2024 through June 30, 2025: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services: Provided further,
That notwithstanding the definition of ``eligible seasonal
farmworker'' in section 167(i)(3)(A) of the WIOA relating to
an individual being ``low-income'', an individual is eligible
for migrant and seasonal farmworker programs under section
167 of the WIOA under that definition if, in addition to
meeting the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family with a
total family income equal to or less than 150 percent of the
poverty line;
(D) $105,000,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2024 through June 30, 2025;
(E) $115,000,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be
available for the period April 1, 2024 through June 30, 2025:
Provided, That of this amount, $30,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare for employment young adults with
criminal legal histories, young adults who have been justice
system-involved, or young adults who have dropped out of
school or other educational programs, with a priority for
projects serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall
be available for the period July 1, 2024 through June 30,
2025;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA, to be available to the Secretary to carry out
activities through grants, cooperative agreements, contracts
and other arrangements, with States and other appropriate
entities, including equity intermediaries and business and
labor industry partner intermediaries, which shall be
available for the period July 1, 2024 through June 30, 2025;
and
(H) $107,834,000 for carrying out Demonstration and Pilot
projects under section 169(c) of the WIOA, which shall be
available for the period April 1, 2024 through June 30, 2025,
in addition to funds available for such activities under
subparagraph (A) for the 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 funds may be used for projects
that are related to the employment and training needs of
dislocated workers, other adults, or youth: Provided
further, That the 10 percent funding limitation under such
section of the WIOA shall not apply to such funds: Provided
further, That section 169(b)(6)(C) of the WIOA shall not
apply to such funds: Provided further, That sections 102 and
107 of this Act shall not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,760,155,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2024 through June 30, 2025;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2024 through June 30, 2027, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may
transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any
funds transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2024: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2023 through September 30, 2024:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $405,000,000, which
shall be available for the period April 1, 2024 through June
30, 2025, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
[[Page H1415]]
federal unemployment benefits and allowances
For payments during fiscal year 2024 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011, sections 405(a) and 406 of the Trade Preferences
Extension Act of 2015, and section 285(a) of the Trade Act of
1974, as amended, $30,700,000 together with such amounts as
may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2024: Provided, That notwithstanding section
502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000,
together with not to exceed $3,922,084,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which--
(1) $3,141,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $382,000,000 to carry out
reemployment services and eligibility assessments under
section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who
are profiled as most likely to exhaust their benefits, may be
eligible for such services and assessments: Provided, That
of such amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided to
meet the terms of section 251(b)(2)(E)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 and
$265,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(E) of such Act; and $9,000,000
for continued support of the Unemployment Insurance Integrity
Center of Excellence), the administration of unemployment
insurance for Federal employees and for ex-service members as
authorized under 5 U.S.C. 8501-8523, and the administration
of trade readjustment allowances, reemployment trade
adjustment assistance, and alternative trade adjustment
assistance under the Trade Act of 1974 and under section
231(a) of the Trade Adjustment Assistance Extension Act of
2011, sections 405(a) and 406 of the Trade Preferences
Extension Act of 2015, and section 285(a) of the Trade Act of
1974, as amended, and shall be available for obligation by
the States through December 31, 2024, except that funds used
for automation shall be available for Federal obligation
through December 31, 2024, and for State obligation through
September 30, 2026, or, if the automation is being carried
out through consortia of States, for State obligation through
September 30, 2030, and for expenditure through September 30,
2031, and funds for competitive grants awarded to States for
improved operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews and provide reemployment services and
referrals to training, as appropriate, shall be available for
Federal obligation through December 31, 2024 (except that
funds for outcome payments pursuant to section 306(f)(2) of
the Social Security Act shall be available for Federal
obligation through March 31, 2025), and for obligation by the
States through September 30, 2026, and funds for the
Unemployment Insurance Integrity Center of Excellence shall
be available for obligation by the State through September
30, 2025, and funds used for unemployment insurance workloads
experienced through September 30, 2024 shall be available for
Federal obligation through December 31, 2024;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2024 through June 30, 2025;
(4) $25,000,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986 (including
assisting States in adopting or modernizing information
technology for use in the processing of certification
requests), and the provision of technical assistance and
staff training under the Wagner-Peyser Act;
(5) $83,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $60,528,000 shall be available for the
Federal administration of such activities, and $23,282,000
shall be available for grants to States for the
administration of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2024
through June 30, 2025, of which up to $9,800,000 may be used
to carry out research and demonstration projects related to
testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That
the Secretary may transfer amounts made available for
research and demonstration projects under this paragraph to
the ``Office of Disability Employment Policy'' account for
such purposes:
Provided, That to the extent that the Average Weekly
Insured Unemployment (``AWIU'') for fiscal year 2024 is
projected by the Department of Labor to exceed 3,075,000, an
additional $28,600,000 from the Trust Fund shall be available
for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated
in this Act which are used to establish a national one-stop
career center system, or which are used to support the
national activities of the Federal-State unemployment
insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States
and non-State entities: Provided further, That States
awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to
the conditions applicable to the grants: Provided further,
That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the
Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium or to the entity
operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit
the administration of the unemployment compensation law of
the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services
relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions
of 29 U.S.C. 9a, for the National Agricultural Workers Survey
infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall
be credited to this appropriation and shall remain available
until September 30, 2025, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2025.
program administration
For expenses of administering employment and training
programs, $118,900,000, together with not to exceed
$54,015,000 which shall be available from the Employment
Security Administration Account in the Unemployment Trust
Fund.
[[Page H1416]]
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall
be made available through September 30, 2025, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
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 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2024, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2024 shall be available for
obligations for administrative expenses in excess of
$512,900,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2024, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2028, for obligations for
administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations
in excess of the amounts provided for administrative expenses
in this paragraph may be incurred and shall be available
through September 30, 2028 for obligation for unforeseen and
extraordinary pre-termination or termination expenses or
extraordinary multiemployer program related expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That an
additional amount shall be available for obligation through
September 30, 2028 to the extent the Corporation's costs
exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $110,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $120,500,000, together with $2,205,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses not otherwise authorized)
accruing during the current or any prior fiscal year
authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in
the Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944;
section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $700,000,000,
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year, for deposit into and to assume
the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary
to reimburse an employer, who is not the employer at the time
of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2023, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2024: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $83,007,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$28,153,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,526,000;
(3) For periodic roll disability management and medical
review, $26,527,000;
(4) For program integrity, $1,801,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$22,890,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2025, $7,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $66,532,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2024 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $44,059,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $41,178,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $368,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $632,309,000, including not to exceed
$120,000,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2024, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
none of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(``DART'') occupational injury and illness rate, at the
[[Page H1417]]
most precise industrial classification code for which such
data are published, less than the national average rate as
such rates are most recently published by the Secretary,
acting through the Bureau of Labor Statistics, in accordance
with section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $12,787,000 shall
be available for Susan Harwood training grants: Provided
further, That not less than $3,500,000 shall be for Voluntary
Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not
to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the
sale of training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$629,952,000, together with not to exceed $68,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $43,000,000, of which not less than
$9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor
force participation of people with disabilities: Provided,
That the Secretary may transfer amounts made available under
this heading for research and demonstration projects to the
``State Unemployment Insurance and Employment Service
Operations'' account for such purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$387,889,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$81,725,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2024:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not less than
$30,175,000 shall be for programs to combat exploitative
child labor internationally and not less than $30,175,000
shall be used to implement model programs that address worker
rights issues through technical assistance in countries with
which the United States has free trade agreements or trade
preference programs: Provided further, That $4,281,000 shall
be used for program evaluation and shall be available for
obligation through September 30, 2025: Provided further,
That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided
further, That grants made for the purpose of evaluation shall
be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be
transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided
further, That of the amounts made available to the Women's
Bureau, not less than $5,000,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional
Occupations Act.
veterans' employment and training
Not to exceed $269,841,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which--
(1) $185,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2026, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That up to
$500,000 may be used to carry out the Hire VETS Act (division
O of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$65,500,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2024, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless
veterans described in section 2002(a)(1), services to
veterans who were homeless at some point within the 60 days
prior to program entry or veterans who are at risk of
homelessness within the next 60 days, and that services
provided under section 2023 may include, in addition to
services to the individuals described in subsection (e) of
such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided
further, That notwithstanding paragraph (3) under this
heading, funds appropriated in this paragraph may be used for
data systems and contract support to allow for the tracking
of participant and performance information: Provided
further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award
[[Page H1418]]
Fund pursuant to section 5(b) of the HIRE Vets Act, and such
amounts shall be available to the Secretary to carry out the
HIRE Vets Medallion Award Program, as authorized by such Act,
and shall remain available until expended: Provided, That
such sums shall be in addition to any other funds available
for such purposes, including funds available under paragraph
(3) of this heading: Provided further, That section 2(d) of
division O of the Consolidated Appropriations Act, 2017
(Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $29,269,000, which shall
be available through September 30, 2025.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $91,187,000, together with not to exceed
$5,841,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund:
Provided, That not more than $2,000,000 of the amount
provided under this heading may be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or
through a set-aside, for technical assistance services to
grantees to ``Program Administration'' when it is determined
that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration
by this Act to ``Program Administration'' in order to carry
out program integrity activities relating to any of the
programs or activities that are funded under any such
discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may
transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account
to paragraph (3) of such account to carry out program
integrity activities related to the Job Corps program:
Provided further, That funds transferred under this
subsection shall be available to the Secretary to carry out
program integrity activities directly or through grants,
cooperative agreements, contracts and other arrangements with
States and other appropriate entities: Provided further,
That funds transferred under the authority provided by this
subsection shall be available for obligation through
September 30, 2025.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2025: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans'
Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following
text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
[[Page H1419]]
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation
of section 655.20(d) of title 20, Code of Federal
Regulations, or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees
with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for
the occupational classification of the position in the
geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time
of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary
shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available
unless the Secretary determines that the methodology and data
in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in
20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further,
for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need
shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training
apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is
part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate
family of the Secretary who is participating in an activity
or event relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center and the Gary Job Corps
Center are situated. Any sale or other disposition, to
include any associated construction project, will not be
subject to any requirement of any Federal law or regulation
relating to the disposition of Federal real property or
relating to Federal procurement, including but not limited to
subchapter III of chapter 5 of title 40 of the United States
Code, subchapter V of chapter 119 of title 42 of the United
States Code, and chapter 33 of division C of subtitle I of
title 41 of the United States Code. The net proceeds of such
a sale shall be transferred to the Secretary, which shall be
available until expended for such project to carry out the
Job Corps Program on Treasure Island and the Job Corps
Program in and around San Marcos, Texas, respectively.
Sec. 115. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of
the health and safety of the students, the capacity of the
program is retained, and the requirements of section 159(j)
of the WIOA are met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $206,000,000 are hereby permanently rescinded
not later than September 30, 2024.
(rescission)
Sec. 117. Of the funds made available under the heading
``Employment and Training Administration-Training and
Employment Services'' in division H of Public Law 117-328,
$75,000,000 are hereby permanently rescinded from the amounts
specified in paragraph (2)(A) under such heading for the
period October 1, 2023, through September 30, 2024.
Sec. 118. In the table entitled ``Community Project
Funding/Congressionally Directed Spending'' in the
explanatory statement for division H of Public Law 117-328
described in section 4 in the matter preceding division A of
such Public Law, the item relating to ``Society for the
Advancement of Chicanos/Hispanics and Native Americans in
Science, San Jose, CA to create a pipeline from community
colleges into the STEM workforce'' is deemed to be amended by
striking ``Society for the Advancement of Chicanos/Hispanics
and Native Americans in Science'' and inserting ``San Jose
State University Research Foundation''.
Sec. 119. Funds previously made available to the
Department of Labor in the Consolidated Appropriations Act,
2016 (Public Law 114-113) in paragraph (2) under the heading
``Department of Labor--Employment and Training
Administration--Job Corps'' that were obligated for the
construction of the Atlanta Job Corps center in Georgia and
that were available for initial obligation through June 30,
2019, are to remain available through fiscal year 2029 for
the liquidation of valid obligations incurred from July 1,
2016 through June 30, 2021.
This title may be cited as the ``Department of Labor
Appropriations Act, 2024''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,858,772,000: Provided, That no more
than $1,000,000 shall be available until expended for
carrying out the provisions of section 224(o) of the PHS Act:
Provided further, That no more than $120,000,000 shall be
available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for
expenses incurred by the Department of Health and Human
Services (referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,404,376,000: Provided, That
section 751(j)(2) of the PHS Act and the proportional funding
amounts in paragraphs (1) through (4) of section 756(f) of
the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary of Health and
[[Page H1420]]
Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such
Act for the full project period of a grant under such
section: Provided further, That section 756(c) of the PHS
Act shall apply to paragraphs (1) through (4) of section
756(a) of such Act: Provided further, That no funds shall be
available for section 340G-1 of the PHS Act: Provided
further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the
full costs of operating the programs authorized by such
sections and shall remain available until expended for the
National Practitioner Data Bank: Provided further, That
funds transferred to this account to carry out section 846
and subpart 3 of part D of title III of the PHS Act may be
used to make prior year adjustments to awards made under such
section and subpart: Provided further, That $128,600,000
shall remain available until expended for the purposes of
providing primary health services, assigning National Health
Service Corps (``NHSC'') participants to expand the delivery
of substance use disorder treatment services, notwithstanding
the assignment priorities and limitations under sections
333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act,
and making payments under the NHSC Loan Repayment Program
under section 338B of such Act: Provided further, That,
within the amount made available in the previous proviso,
$16,000,000 shall remain available until expended for the
purposes of making payments under the NHSC Loan Repayment
Program under section 338B of the PHS Act to individuals
participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-
Operated 638 Health Programs, and Urban Indian Health
Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations
under section 333(b) of such Act: Provided further, That for
purposes of the previous two provisos, section 331(a)(3)(D)
of the PHS Act shall be applied as if the term ``primary
health services'' includes clinical substance use disorder
treatment services, including those provided by masters
level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this
heading, $6,000,000 shall be available to make grants to
establish, expand, or maintain optional community-based nurse
practitioner fellowship programs that are accredited or in
the accreditation process, with a preference for those in
Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or
behavioral health: Provided further, That of the funds made
available under this heading, $10,000,000 shall remain
available until expended for activities under section 775 of
the PHS Act: Provided further, That the United States may
recover liquidated damages in an amount determined by the
formula under section 338E(c)(1) of the PHS Act if an
individual either fails to begin or complete the service
obligated by a contract under section 775(b) of the PHS Act:
Provided further, That for purposes of section 775(c)(1) of
the PHS Act, the Secretary may include other mental and
behavioral health disciplines as the Secretary deems
appropriate: Provided further, That the Secretary may
terminate a contract entered into under section 775 of the
PHS Act in the same manner articulated in section 206 of this
title for fiscal year 2024 contracts entered into under
section 338B of the PHS Act.
Of the funds made available under this heading, $60,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support
graduate education for physicians provided by such
institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, That, in awarding such grants, the
Secretary shall give priority to public institutions of
higher education located in States with a projected primary
care provider shortage, as determined by the Secretary:
Provided further, That grants so awarded are limited to such
public institutions of higher education in States in the top
quintile of States with a projected primary care provider
shortage, as determined by the Secretary: Provided further,
That the minimum amount of a grant so awarded to such an
institution shall be not less than $1,000,000 per year:
Provided further, That such a grant may be awarded for a
period not to exceed 5 years: Provided further, That such a
grant awarded with respect to a year to such an institution
shall be subject to a matching requirement of non-Federal
funds in an amount that is not more than 10 percent of the
total amount of Federal funds provided in the grant to such
institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health and title V of
the Social Security Act, $1,170,430,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $210,116,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,571,041,000, of which
$2,045,630,000 shall remain available to the Secretary
through September 30, 2026, for parts A and B of title XXVI
of the PHS Act, and of which not less than $900,313,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$165,000,000, to remain available until expended, shall be
available to the Secretary for carrying out a program of
grants and contracts under title XXVI or section 311(c) of
such Act focused on ending the nationwide HIV/AIDS epidemic,
with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the
limitation on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $122,009,000, of which $122,000
shall be available until expended for facility renovations
and other facilities-related expenses of the National
Hansen's Disease Program.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $364,607,000, of which
$64,277,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program: Provided, That of the funds made available under
this heading for Medicare rural hospital flexibility grants,
up to $20,942,000 shall be available for the Small Rural
Hospital Improvement Grant Program for quality improvement
and adoption of health information technology, no less than
$5,000,000 shall be available to award grants to public or
non-profit private entities for the Rural Emergency Hospital
Technical Assistance Program, and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act,
with funds provided for grants under section 1820(g)(6)
available for the purchase and implementation of telehealth
services and other efforts to improve health care
coordination for rural veterans between rural providers and
the Department of Veterans Affairs: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $12,500,000
shall be available for State Offices of Rural Health:
Provided further, That $12,700,000 shall remain available
through September 30, 2026, to support the Rural Residency
Development Program: Provided further, That $145,000,000
shall be for the Rural Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act
and for cross-cutting activities and program support for
activities funded in other appropriations included in this
Act for the Health Resources and Services Administration,
$1,110,376,000, of which $42,050,000 shall be for expenses
necessary for the Office for the Advancement of Telehealth,
including grants, contracts, and cooperative agreements for
the advancement of telehealth activities: Provided, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Primary Health Care'', ``Health Workforce'',
``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and ``Rural Health'':
Provided further, That of the amount made available under
this heading, $890,788,000 shall be used for the projects
financing the construction and renovation (including
equipment) of health care and other facilities, and for the
projects financing one-time grants that support health-
related activities, including training and information
technology, 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
none of the funds made available for projects described in
the preceding proviso shall be subject to section 241 of the
PHS Act or section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$15,200,000 shall be available from the Trust Fund to the
Secretary.
[[Page H1421]]
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000,
to remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, and titles II and IV of the Immigration
and Nationality Act, with respect to immunization and
respiratory diseases, $237,358,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,391,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, and titles II and IV of the Immigration and
Nationality Act, with respect to emerging and zoonotic
infectious diseases, $708,272,000: Provided, That of the
amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or
State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $1,192,647,000: Provided, That funds made
available under this heading may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made
available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $206,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $711,553,000:
Provided, That in addition to amounts provided herein,
$42,944,000 shall be from funds available under section 241
of the PHS Act for health statistics.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $191,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $362,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $692,843,000, of which: (1)
$128,921,000 shall remain available through September 30,
2025 for international HIV/AIDS; and (2) $293,200,000 shall
remain available through September 30, 2026 for global public
health protection: Provided, That funds may be used for
purchase and insurance of official motor vehicles in foreign
countries.
public health preparedness and response
For carrying out titles II, III, XVII, and XXVIII of the
PHS Act with respect to public health preparedness and
response, and for expenses necessary to support activities
related to countering potential biological, nuclear,
radiological, and chemical threats to civilian populations,
$938,200,000: Provided, That the Director of the Centers for
Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic
Substances and Disease Registry may detail staff without
reimbursement to support an activation of the CDC Emergency
Operations Center, so long as the Director or Administrator,
as applicable, provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the use of this authority, a full report
within 30 days after use of this authority which includes the
number of staff and funding level broken down by the
originating center and number of days detailed, and an update
of such report every 180 days until staff are no longer on
detail without reimbursement to the CDC Emergency Operations
Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$40,000,000, which shall remain available until expended:
Provided, That funds made available to this account in this
or any prior Act that are available for the acquisition of
real property or for construction or improvement of
facilities shall be available to make improvements on non-
federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed
$2,500,000, and that the primary benefit of such improvements
accrues to CDC: Provided further, That funds previously set-
aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further,
That funds made available to this account in this or any
prior Act that are available for the acquisition of real
property or for construction or improvement of facilities in
conjunction with the new replacement mine safety research
facility shall be available to make improvements on non-
federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed
$5,000,000: Provided further, That in addition, the prior
year unobligated balance of any amounts assigned to former
employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the
replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $503,570,000, of which $350,000,000 shall remain
available through September 30, 2025, for public health
infrastructure and capacity: Provided, That paragraphs (1)
through (3) of subsection (b) of section 2821 of the PHS Act
shall not apply to funds appropriated under this heading and
in all other accounts of the CDC: Provided further, That of
the amounts made available under this heading, $25,000,000,
to remain available until expended, shall be available to the
Director of the CDC for deposit in the Infectious Diseases
Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245: Provided further, That
funds appropriated under this heading may be used to support
a contract for the operation and maintenance of an aircraft
in direct support of activities throughout CDC to ensure the
agency is prepared to address public health preparedness
emergencies: Provided further, That employees of CDC or the
Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act,
or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the
Agency, Service, or HHS during the period of detail or
assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in
addition, such sums as may be derived from authorized user
fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect
to the previous proviso, authorized user fees from the Vessel
Sanitation Program and the Respirator Certification Program
shall be available through September 30, 2025.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $7,224,159,000, of which up to
$30,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,982,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$520,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,310,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$2,603,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$6,562,279,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical
[[Page H1422]]
sciences, $3,244,679,000, of which $1,412,482,000 shall be
from funds available under section 241 of the PHS Act:
Provided, That not less than $430,956,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,759,078,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $4,507,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $2,187,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $534,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$497,548,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2025: Provided further, That
in fiscal year 2024, the National Library of Medicine may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $928,323,000:
Provided, That $75,000,000 shall be available to implement
section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,592,914,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000
shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $672,401,000 shall be
available for the Common Fund established under section
402A(c)(1) of the PHS Act: Provided further, That of the
funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of
AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That
$80,000,000 shall be used to carry out section 404I of the
PHS Act (42 U.S.C. 283k), relating to biomedical and
behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the
appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH,
including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be
in addition to funds otherwise made available for oversight
of the NIH: Provided further, That amounts made available
under this heading are also available to establish, operate,
and support the Research Policy Board authorized by section
2034(f) of the 21st Century Cures Act: Provided further,
That the funds made available under this heading for the
Office of Research on Women's Health shall also be available
for making grants to serve and promote the interests of women
in research, and the Director of such Office may, in making
such grants, use the authorities available to NIH Institutes
and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of the
Internal Revenue Code of 1986 (26 U.S.C. 9008), for the
purpose of carrying out section 402(b)(7)(B)(ii) of the PHS
Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of,
renovation of, and acquisition of equipment for, facilities
of or used by NIH, including the acquisition of real
property, $350,000,000, to remain available until expended.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act, $407,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under
section 1001(b)(2)(A) of such Act, and may be transferred by
the Director of the National Institutes of Health to other
accounts of the National Institutes of Health solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Director 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 the transfer authority
provided under this heading is in addition to any other
transfer authority provided by law.
advanced research projects agency for health
For carrying out section 301 and part J of title IV of the
PHS Act with respect to advanced research projects for
health, $1,500,000,000, to remain available through September
30, 2026.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, the Protection and Advocacy for
Individuals with Mental Illness Act, and the SUPPORT for
Patients and Communities Act, $2,775,507,000: Provided, That
of the funds made available under this heading, $98,887,000
shall be for the National Child Traumatic Stress Initiative:
Provided further, That notwithstanding section 520A(f)(2) of
the PHS Act, no funds appropriated for carrying out section
520A shall be available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts
provided herein, $21,039,000 shall be available under section
241 of the PHS Act to carry out subpart I of part B of title
XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart I of part B of title
XIX: Provided further, That of the funds made available
under this heading for subpart I of part B of title XIX of
the PHS Act, at least 5 percent shall be available to support
evidence-based crisis systems: Provided further, That up to
10 percent of the amounts made available to carry out the
Children's Mental Health Services program may be used to
carry out demonstration grants or contracts for early
interventions with persons not more than 25 years of age at
clinical high risk of developing a first episode of
psychosis: Provided further, That section 520E(b)(2) of the
PHS Act shall not apply to funds appropriated in this Act for
fiscal year 2024: Provided further, That $385,000,000 shall
be available until September 30, 2026 for grants to
communities and community organizations who meet criteria for
Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113-93: Provided further, That
none of the funds provided for section 1911 of the PHS Act
shall be subject to section 241 of
[[Page H1423]]
such Act: Provided further, That of the funds made available
under this heading, $21,420,000 shall be to carry out section
224 of the Protecting Access to Medicare Act of 2014 (Public
Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with
respect to substance abuse treatment and title XIX of such
Act with respect to substance abuse treatment and prevention,
section 1003 of the 21st Century Cures Act, and the SUPPORT
for Patients and Communities Act, $4,078,098,000: Provided,
That $1,575,000,000 shall be for carrying out section 1003 of
the 21st Century Cures Act: Provided further, That of such
amount in the preceding proviso not less than 4 percent shall
be made available to Indian Tribes or tribal organizations:
Provided further, That in addition to amounts provided
herein, the following amounts shall be available under
section 241 of the PHS Act: (1) $79,200,000 to carry out
subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of
the PHS Act or State Opioid Response Grants shall be subject
to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $236,879,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $210,245,000: Provided, That
of the amount made available under this heading, $72,090,000
shall be used for the 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 none of the funds made
available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205
of this Act: Provided further, That in addition to amounts
provided herein, $31,428,000 shall be available under section
241 of the PHS Act to supplement funds available to carry out
national surveys on drug abuse and mental health, to collect
and analyze program data, and to conduct public awareness and
technical assistance activities: Provided further, That, in
addition, fees may be collected for the costs of
publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be
credited to this appropriation and shall remain available
until expended for such purposes: Provided further, That
amounts made available in this Act for carrying out section
501(o) of the PHS Act shall remain available through
September 30, 2025: Provided further, That funds made
available under this heading (other than amounts specified in
the first proviso under this heading) may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $369,000,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year
2024: Provided further, That in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until September 30, 2025.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $406,956,850,000, to
remain available until expended.
In addition, for carrying out such titles after May 31,
2024, for the last quarter of fiscal year 2024 for
unanticipated costs incurred for the current fiscal year,
such sums as may be necessary, to remain available until
expended.
In addition, for carrying out such titles for the first
quarter of fiscal year 2025, $245,580,414,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $476,725,000,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed
$3,669,744,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 1893(h) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this
account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2024
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That of the amount made available under
this heading, $397,334,000 shall remain available until
September 30, 2025, and shall be available for the Survey and
Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social
Security Act) shall not exceed the amount specifically
provided for such purpose under this heading in division H of
the Consolidated Appropriations Act, 2018 (Public Law 115-
141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $915,000,000, to remain
available through September 30, 2025, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$675,058,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $107,735,000
shall be for the Department of Health and Human Services
Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, and
of which $132,207,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required
by section 1817(k)(5) of the Social Security Act for fiscal
year 2024 shall include measures of the operational
efficiency and impact on fraud, waste, and abuse in the
Medicare, Medicaid, and CHIP programs for the funds provided
by this appropriation: Provided further, That of the amount
provided under this heading, $311,000,000 is provided to meet
the terms of section 251(b)(2)(C)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and $604,000,000
is additional new budget authority specified for purposes of
section 251(b)(2)(C) of such Act for additional health care
fraud and abuse control activities: Provided further, That
the Secretary shall provide not less than $35,000,000 from
amounts made available under this heading and amounts made
available for fiscal year 2024 under section 1817(k)(3)(A) of
the Social Security Act for the Senior Medicare Patrol
program to combat health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $3,309,000,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2025, $1,400,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.), $4,025,000,000: Provided,
That notwithstanding section 2609A(a) of such Act, not more
than $9,600,000 may be reserved by the Secretary for
technical assistance, training, and monitoring of program
[[Page H1424]]
activities for compliance with internal controls, policies
and procedures, and to supplement funding otherwise available
for necessary administrative expenses to carry out such Act,
and the Secretary may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as
nonprofit organizations: Provided further, That all but
$897,348,000 of the amount appropriated under this heading
shall be allocated as though the total appropriation for such
payments for fiscal year 2024 was less than $1,975,000,000:
Provided further, That, after applying all applicable
provisions of section 2604 of such Act and the previous
proviso, each State or territory that would otherwise receive
an allocation that is less than 97 percent of the amount that
it received under this heading for fiscal year 2023 from
amounts appropriated in both division H and in the second
paragraph under this heading in title VIII of division N of
Public Law 117-328 shall have its allocation increased to
that 97 percent level, with the portions of other States' and
territories' allocations that would exceed 100 percent of the
amounts they respectively received in such fashion for fiscal
year 2023 being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$6,327,214,000, of which $6,277,459,000 shall remain
available through September 30, 2026 for carrying out such
sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to
activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers
increasing any appropriation shall apply to transfers to
appropriations under this heading by substituting ``15
percent'' for ``3 percent'': Provided further, That the
contribution of funds requirement under section
235(c)(6)(C)(iii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 shall not
apply to funds made available under this heading: Provided
further, That for any month in fiscal year 2024 that the
number of unaccompanied children referred to the Department
of Health and Human Services pursuant to section 462 of the
Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 exceeds 16,000, as determined by the Secretary of
Health and Human Services, an additional $15,000,000, to
remain available until September 30, 2025, shall be made
available for obligation for every 500 unaccompanied children
above that level (including a pro rata amount for any
increment less than 500), for carrying out such sections 462
and 235: Provided further, That if less than $65,000,000 has
been made available pursuant to the preceding proviso as of
September 15, 2024, then the difference between $65,000,000
and the amount made available pursuant to such proviso shall
become available, and shall remain available until September
30, 2026, for carrying out such sections 462 and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $8,746,387,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided,
That technical assistance under section 658I(a)(3) of such
Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency
agreements: Provided further, That all funds made available
to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in
such section 418 or any other provision of law, shall be
subject to the reservation of funds authority in paragraphs
(4) and (5) of section 658O(a) of the CCDBG Act: Provided
further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such
Act, $236,152,000 shall be for Indian tribes and tribal
organizations: Provided further, That of the amounts made
available under this heading, the Secretary may reserve up to
0.5 percent for Federal administrative expenses.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of
title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI,
XIV, XVI, and XX-A of the Social Security Act, the Act of
July 5, 1960, and the Low-Income Home Energy Assistance Act
of 1981, $14,829,100,000, of which $75,000,000, to remain
available through September 30, 2025, shall be for grants to
States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security
Act and may be made for adoptions and legal guardianships
completed before September 30, 2024: Provided, That
$12,271,820,000 shall be for making payments under the Head
Start Act, including for Early Head Start-Child Care
Partnerships, and, of which, notwithstanding section 640 of
such Act:
(1) $275,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of
such Act, and such funds shall not be included in the
calculation of ``base grant'' in subsequent fiscal years, as
such term is used in section 640(a)(7)(A) of such Act;
(3) $8,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent
with section 648(g) of such Act; and
(4) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act
in lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $315,000,000 shall be available until
December 31, 2024 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to
3 percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further,
That $804,383,000 shall be for making payments under the CSBG
Act: Provided further, That for services furnished under the
CSBG Act with funds made available for such purpose in this
fiscal year and in fiscal year 2023, States may apply the
last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent'': Provided
further, That $34,383,000 shall be for section 680 of the
CSBG Act, of which not less than $22,383,000 shall be for
section 680(a)(2) and not less than $12,000,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the
extent Community Services Block Grant funds are distributed
as grant funds by a State to an eligible entity as provided
under such Act, and have not been expended by such entity,
they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets
acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the
sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any
activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such
grant funds made available after November 29, 1999: Provided
further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $240,000,000 shall be for carrying out
section 303(a) of the Family Violence Prevention and Services
Act, of which $7,000,000 shall be allocated notwithstanding
section 303(a)(2) of such Act for carrying out section 309 of
such Act: Provided further, That the percentages specified
in section 112(a)(2) of the Child Abuse Prevention and
Treatment Act shall not apply to funds appropriated under
this heading: Provided further, That $1,864,000 shall be for
a human services case management system for federally
declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness: Provided further, That
$40,011,000 shall be used for the 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
[[Page H1425]]
division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in
the preceding proviso shall be subject to section 241 of the
PHS Act or section 205 of this Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$72,515,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent
with subsections (b) through (d) of such section: Provided
further, That of the funds available to carry out section
437, to assist in meeting the requirements described in
section 471(e)(4)(C), $10,000,000 shall be for grants to each
State, territory, and Indian tribe operating title IV-E plans
for developing, enhancing, or evaluating kinship navigator
programs, as described in section 427(a)(1) of such Act and
$2,750,000, in addition to funds otherwise appropriated in
section 476 for such purposes, shall be for the Family First
Clearinghouse and to support evaluation and technical
assistance relating to the evaluation of child and family
services: Provided further, That section 437(b)(1) shall be
applied to amounts in the previous proviso by substituting
``5 percent'' for ``3.3 percent'', and notwithstanding
section 436(b)(1), such reserved amounts may be used for
identifying, establishing, and disseminating practices to
meet the criteria specified in section 471(e)(4)(C):
Provided further, That the reservation in section 437(b)(2)
and the limitations in section 437(d) shall not apply to
funds specified in the second proviso: Provided further,
That the minimum grant award for kinship navigator programs
in the case of States and territories shall be $200,000, and,
in the case of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $8,594,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2025, $3,400,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the
Medicare Improvements for Patients and Providers Act of 2008,
title XX-B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act of 2000, parts
2 and 5 of subtitle D of title II of the Help America Vote
Act of 2002, the Assistive Technology Act of 1998, titles II
and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide
coordination of policy and program activities that assist
individuals with disabilities, $2,465,100,000, together with
$55,242,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That of amounts
made available under this heading to carry out sections 311,
331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in
accordance with such section: Provided further, That up to 5
percent of the funds provided for adult protective services
grants under section 2042 of title XX of the Social Security
Act may be used to make grants to Tribes and tribal
organizations: Provided further, That $2,000,000 shall be
for competitive grants to support alternative financing
programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an
interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and
control: Provided further, That State agencies and
community-based disability organizations that are directed by
and operated for individuals with disabilities shall be
eligible to compete: Provided further, That none of the
funds made available under this heading may be used by an
eligible system (as defined in section 102 of the Protection
and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a
Federal or State court on behalf of an individual or group of
individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and
Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or
a combination of mental and physical impairments), that has
as the requested remedy the closure of State operated
intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice
of the action has been provided to such individuals (or, in
the case of mental incapacitation, the legal guardians who
have been specifically awarded authority by the courts to
make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days
of instituting such legal action, which informs such
individuals (or such legal guardians) of their legal rights
and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State
or subject to public guardianship: Provided further, That of
the amount made available under this heading, $29,268,000
shall be used for the 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 none of the funds made
available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205
of this Act.
Administration for Strategic Preparedness and Response
research, development, and procurement
For carrying out title III and subtitles A and B of title
XXVIII of the PHS Act, with respect to the research,
development, storage, production, and procurement of medical
countermeasures to counter potential chemical, biological,
radiological, and nuclear threats to civilian populations,
$3,135,000,000: Provided, That of such amount:
(1) $1,015,000,000, to remain available through September
30, 2025, shall be for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical
Advanced Research and Development Authority;
(2) $825,000,000, to remain available until expended, shall
be for expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act);
(3) $980,000,000, to remain available until expended, shall
be for expenses necessary to carry out section 319F-2(a) of
the PHS Act; and
(4) $315,000,000 shall be for expenses necessary to prepare
for or respond to an influenza pandemic, of which
$280,000,000 shall remain available until expended for
activities including the development and purchase of
vaccines, antivirals, necessary medical supplies,
diagnostics, and surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds
allocated under this paragraph may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics:
Provided further, That funds provided under this heading
for purposes of acquisition of security countermeasures shall
be in addition to any other funds made available for such
purposes: Provided further, That products purchased with
funds made available under this heading may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act.
operations, preparedness, and emergency response
For carrying out titles III, XII, and subtitles A and B of
title XXVIII of the PHS Act, operations and emergency
response activities related to countering potential chemical,
biological, radiological, and nuclear threats and other
public health emergencies, $499,606,000: Provided, That of
the amounts made available under this heading, $5,000,000
shall remain available through September 30, 2026, to support
emergency operations: Provided further, That of the amounts
made available under this heading, $15,000,000 shall remain
available through September 30, 2025, to support coordination
of the development, production, and distribution of vaccines,
therapeutics, and other medical countermeasures: Provided
further, That of the amounts made available under this
heading, $10,000,000 shall remain available until September
30, 2025, for advanced research and development,
manufacturing, production, procurement, distribution, and the
acquisition, construction, alteration, or renovation of non-
federally owned facilities for the production and purchase of
medical countermeasures, which may include the development,
translation, and demonstration at scale of innovations in
manufacturing platform.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, the United States-Mexico
Border Health
[[Page H1426]]
Commission Act, and research studies under section 1110 of
the Social Security Act, $537,144,000, together with
$64,828,000 from the amounts available under section 241 of
the PHS Act to carry out national health or human services
research and evaluation activities: Provided, That of this
amount, $60,000,000 shall be for minority AIDS prevention and
treatment activities: Provided further, That of the funds
made available under this heading, $101,000,000 shall be for
making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate
programs that reduce teen pregnancy and for the Federal costs
associated with administering and evaluating such contracts
and grants, of which not more than 10 percent of the
available funds shall be for training and technical
assistance, evaluation, outreach, and additional program
support activities, and of the remaining amount 75 percent
shall be for replicating programs that have been proven
effective through rigorous evaluation to reduce teenage
pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for
making competitive grants which exclusively implement
education in sexual risk avoidance (defined as voluntarily
refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual
risk avoidance shall use medically accurate information
referenced to peer-reviewed publications by educational,
scientific, governmental, or health organizations; implement
an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and
desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing
for poverty prevention, healthy relationships, goal setting,
and resisting sexual coercion, dating violence, and other
youth risk behaviors such as underage drinking or illicit
drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in
this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4):
Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize
competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
In addition, for expenses necessary to carry out title II
of the PHS Act to support, except as otherwise provided,
activities related to safeguarding classified national
security information and providing intelligence and national
security support across the Department and to counter
cybersecurity threats to civilian populations, $108,983,000.
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $196,000,000 shall remain
available until September 30, 2025, to be transferred in
appropriate part from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $69,238,000 shall be from amounts
made available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $87,000,000: Provided, That
of such amount, necessary sums shall be available for
providing protective services to the Secretary and
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228:
Provided further, That of the amount appropriated under this
heading, necessary sums shall be available for carrying out
activities authorized under section 3022 of the PHS Act (42
U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II: Provided, That none of the funds
appropriated in this title shall be used to prevent the NIH
from paying up to 100 percent of the salary of an individual
at this rate.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2024 under section 338B of
such Act, or at any time if the individual who has been
awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2024:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980
[[Page H1427]]
and other applicable statutes administered by the Department
of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal
year 2025 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by
that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the
fiscal year 2025 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare & Medicaid Services specifically for Health
Insurance Exchanges for each fiscal year since the enactment
of the ACA and the proposed uses for such funds for fiscal
year 2025. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare & Medicaid Services--Program Management'' account,
may be used for payments under section 1342(b)(1) of Public
Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on
November 1, 2015 and ending January 1, 2026, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue
to apply to the National Institutes of Health to the same
extent and in the
[[Page H1428]]
same manner as such provisions were applied in the third
quarter of fiscal year 2017. None of the funds appropriated
in this or prior Acts or otherwise made available to the
Department of Health and Human Services or to any department
or agency may be used to develop or implement a modified
approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of
such deviations from negotiated rates beyond the proportional
effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and
addiction, pain management, and addiction treatment to other
Institutes and Centers of the NIH to be used for the same
purpose 15 days after notifying the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in
the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 227. In addition to the amounts otherwise available
for ``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $455,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used
to support any provision of Public Law 111-148 or Public Law
111-152 (or any amendment made by either such Public Law) or
to supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House
of Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Department of Health and Human Services shall also be
available to pay travel and related expenses of such an
employee or of a member of his or her family, when such
employee is assigned to duty, in the United States or in a
U.S. territory, during a period and in a location that are
the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such
travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of
Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may
include early childhood developmental screenings, school
supplies, toys, clothing, and any other items intended to
promote the wellbeing of such children.
Sec. 231. None of the funds made available in this Act
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1)
if the Secretary certifies and provides a report to Congress
on the contractor's or grantee's good-faith efforts and
progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to
a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed
facilities.
Sec. 232. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in
the custody of the Department of Homeland Security for longer
than 72 hours or that unaccompanied alien children will be
otherwise placed in danger. Within 60 days of bringing such a
facility online, and monthly thereafter, the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a report detailing the total
number of children in care at the facility, the average
length of stay and average length of care of children at the
facility, and, for any child that has been at the facility
for more than 60 days, their length of stay and reason for
delay in release.
Sec. 233. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the
operations (including child welfare and child safety
operations) of such facility.
Sec. 234. Not later than 14 days after the date of
enactment of this Act, and monthly thereafter, the Secretary
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, and make publicly
available online, a report with respect to children who were
separated from their parents or legal guardians by the
Department of Homeland Security (DHS) (regardless of whether
or not such separation was pursuant to an option selected by
the children, parents, or guardians), subsequently classified
as unaccompanied alien children, and transferred to the care
and custody of ORR during the previous month. Each report
shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported
by sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 235. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Centers for Disease Control and Prevention shall also be
available for the primary and secondary schooling of eligible
dependents of personnel stationed in a U.S. territory as
defined in section 229 of this Act at costs not in excess of
those paid for or reimbursed by the Department of Defense.
Sec. 236. Section 231 of division B of the Department of
Defense and Labor, Health and Human Services, and Education
Appropriations Act, 2019 and Continuing Appropriations Act,
2019 (42 U.S.C. 247d-4a) is amended by striking the fifth,
sixth, and seventh provisos and inserting the following:
``Provided further, That the Director shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate, at least 7 days in advance of any transfer or
obligation of funds made under the authority provided in this
section, both a notification on the anticipated uses of funds
by program, project, or activity; and a detailed spend plan
of anticipated uses of funds, including estimated personnel
and administrative costs, disaggregated by program, project,
or activity: Provided further, That such spend plans shall be
updated to include all applicable obligations to date and
[[Page H1429]]
unobligated amounts and submitted quarterly to such
Committees on Appropriations until such funds are fully
expended:''.
Sec. 237. Title VIII of division B of the CARES Act
(Public Law 116-136) is amended, under the heading
``Department of Health and Human Services--Centers for
Disease Control and Prevention--CDC-Wide Activities and
Program Support'' by striking the ninth proviso.
Sec. 238. In this fiscal year and each fiscal year
thereafter, notwithstanding the income eligibility
requirements of subsections (a) and paragraphs (1) and (2) of
subsection (d) of section 645 of the Head Start Act and
income eligibility criteria and allowances prescribed in
regulations, an Indian tribe that operates a Head Start
program may, at its discretion, establish selection criteria,
including criteria to prioritize children in families for
which a child, a family member, or a member of the same
household, is a member of an Indian tribe, to enroll children
who would benefit from the Head Start program.
Sec. 239. In this fiscal year and each fiscal year
thereafter, notwithstanding the income eligibility
requirements of subsection (a) of section 645 of the Head
Start Act and income eligibility criteria and allowances
prescribed in regulations, an agency that operates a migrant
or seasonal Head Start program may, at its discretion,
establish selection criteria to enroll children who would
benefit from the Head Start program, giving priority to
children of migrant farmworker families: Provided, That such
selection criteria shall limit that enrollment to children
who have at least one family member whose income comes
primarily from agricultural employment as defined in section
3 of the Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1802).
(rescission)
Sec. 240. Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $1,250,000,000 are hereby
rescinded not later than September 30, 2024.
(rescission)
Sec. 241. Of the unobligated balances from amounts made
available under the heading ``Department of Health and Human
Services--Administration for Children and Families--Children
and Families Services Programs'' in division H of the
Consolidated Appropriations Act, 2023 (Public Law 117-328)
for grants to States for incentive payments, as defined by
section 473A of the Social Security Act, $70,000,000 are
hereby rescinded.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2024''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $19,107,790,000, of which $8,179,490,000 shall
become available on July 1, 2024, and shall remain available
through September 30, 2025, and of which $10,841,177,000
shall become available on October 1, 2024, and shall remain
available through September 30, 2025, for academic year 2024-
2025: Provided, That $6,459,401,000 shall be for basic
grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to
the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2023, to obtain annually updated
local educational agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $5,292,550,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $5,292,550,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $224,000,000 shall be for carrying out subpart
2 of part B of title II: Provided further, That $52,123,000
shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the
ESEA, $1,625,151,000, of which $1,474,000,000 shall be for
basic support payments under section 7003(b), $48,316,000
shall be for payments for children with disabilities under
section 7003(d), $19,000,000 shall be for construction under
section 7007(a), $79,000,000 shall be for Federal property
payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance
under section 7008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 7003(a) for school year 2023-2024,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military
parent or legal guardian while on active duty (so long as
such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by part B of title I, part A of title II, subpart 1 of part A
of title IV, part B of title IV, part B of title V, and parts
B and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; and the Civil Rights Act of 1964,
$5,776,178,000, of which $3,947,312,000 shall become
available on July 1, 2024, and remain available through
September 30, 2025, and of which $1,681,441,000 shall become
available on October 1, 2024, and shall remain available
through September 30, 2025, for academic year 2024-2025:
Provided, That $380,000,000 shall be for part B of title I:
Provided further, That $1,329,673,000 shall be for part B of
title IV: Provided further, That $45,897,000 shall be for
part B of title VI, which may be used for construction,
renovation, and modernization of any public elementary
school, secondary school, or structure related to a public
elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5
percent limitation in section 6205(b) of the ESEA on the use
of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That
$44,953,000 shall be for part C of title VI, which shall be
awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section
6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $50,000,000 shall be available to
carry out section 203 of the Educational Technical Assistance
Act of 2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this
section: Provided further, That $220,000,000 shall be for
part B of title V: Provided further, That in carrying out
such part B the percentage in section 316(b)(1)(D) of title
III of division H of Public Law 116-260 shall be deemed 83.33
percent: Provided further, That $1,380,000,000 shall be
available for grants under subpart 1 of part A of title IV:
Provided further, That funds provided by Public Law 117-328
and this Act for subpart B of title VII of the McKinney-Vento
Homeless Assistance Act shall be available for expenditure by
educational agencies and institutions for an additional
fiscal year following the succeeding fiscal year provided by
subsection 421(b)(1) of the General Education Provisions Act.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA,
$194,746,000, of which $72,000,000 shall be for subpart 2 of
part A of title VI and $12,365,000 shall be for subpart 3 of
part A of title VI: Provided, That the 5 percent limitation
in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the
use of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That grants
awarded under sections 6132 and 6133 of the ESEA with funds
provided under this heading may be for a period of up to 5
years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3,
and 4 of part B of title II, and parts C, D, and E and
subparts 1 and 4 of part F of title IV of the ESEA,
$1,115,000,000: Provided, That $173,000,000 shall be for
subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241:
Provided further, That $683,000,000 shall be for parts C, D,
and E and subpart 4 of part F of title IV, and shall be made
available without regard to sections 4311, 4409(a), and 4601
of the ESEA: Provided further, That section 4303(d)(3)(A)(i)
shall not apply to the funds available for part C of title
IV: Provided further, That of the funds available for part C
of title IV, the Secretary shall use not less than
$60,000,000 to carry out section 4304, not more than
$140,000,000, to remain available through March 31, 2025, to
carry out section 4305(b), from which the amount necessary
for continuation grants may be available for obligation
through March 31, 2025, and not more than $16,000,000 to
carry out the activities in section 4305(a)(3): Provided
further, That notwithstanding section 4601(b), $259,000,000
shall be available through December 31, 2024 for subpart 1 of
part F of title IV: Provided further, That of the funds
available for subpart 4 of part F of title IV, not less than
$8,000,000 shall be used for continuation grants for eligible
national nonprofit organizations, as described in the
Applications for New Awards; Assistance for Arts Education
Program published in the Federal Register on May 31, 2022,
for activities described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $457,000,000, to remain
available through December 31, 2024: Provided, That
$216,000,000 shall be available for section 4631, of which up
to $5,000,000, to remain available until expended, shall be
for the Project School Emergency Response to Violence
(Project SERV) program: Provided further, That $150,000,000
shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$890,000,000, which shall become available on July 1, 2024,
and shall remain available through September 30, 2025, except
that
[[Page H1430]]
6.5 percent of such amount shall be available on October 1,
2023, and shall remain available through September 30, 2025,
to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $15,467,264,000, of which
$5,890,321,000 shall become available on July 1, 2024, and
shall remain available through September 30, 2025, and of
which $9,283,383,000 shall become available on October 1,
2024, and shall remain available through September 30, 2025,
for academic year 2024-2025: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2023, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2023: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed 5, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction:
Provided further, That the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized
by section 612(a)(18)(B), or seek to recover funds under
section 452 of the General Education Provisions Act (20
U.S.C. 1234a): Provided further, That the funds reserved
under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618
and to administer and carry out other services and activities
to improve data collection, coordination, quality, and use
under parts B and C of the IDEA: Provided further, That the
Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1
of IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and
619(f) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by those sections: Provided further,
That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5
or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each
State in an amount equal to the maximum amount described in
section 643(e)(2)(B) of such Act: Provided further, That if
more than 5 States apply for grants pursuant to section
643(e) of the IDEA, the Secretary shall award funds to those
States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive
a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may
use funds allotted under section 643(c) of the IDEA to make
subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-
profit organizations to carry out activities authorized by
section 638 of IDEA: Provided further, That, notwithstanding
section 638 of the IDEA, a State may use funds it receives
under section 633 of the IDEA to offer continued early
intervention services to a child who previously received
services under part C of the IDEA from age 3 until the
beginning of the school year following the child's third
birthday with parental consent and without regard to the
procedures in section 635(c) of the IDEA.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National
Center Act, $4,397,033,000, of which $4,253,834,000 shall be
for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary
may use amounts provided in this Act, and unobligated
balances from title III of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2023, (division H of Public Law 117-328),
that remain available subsequent to the reallotment of funds
to States pursuant to section 110(b) of the Rehabilitation
Act for innovative activities aimed at increasing competitive
integrated employment as defined in section 7 of such Act for
youth and other individuals with disabilities, including
related Federal administrative expenses, for improving
monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation
Act, and information technology needs under section 15 and
titles I, III, VI, and VII of the Rehabilitation Act:
Provided further, That up to 15 percent of the amounts
available subsequent to reallotment for the activities
described in the first proviso from funds provided under this
paragraph in this Act, may be used for evaluation and
technical assistance related to such activities: Provided
further, That any funds made available subsequent to
reallotment for the activities described in the first proviso
may be provided to States and other public, private and
nonprofit entities, including Indian tribes and institutions
of higher education for carrying out such activities:
Provided further, That States and other public and nonprofit
entities, including Indian tribes and institutions of higher
education may award subgrants for a portion of the funds to
other eligible entities: Provided further, That any funds
provided in this Act and made available subsequent to
reallotment for the purposes described in the first proviso
shall remain available until September 30, 2025: Provided
further, That the Secretary may transfer funds provided in
this Act and made available subsequent to the reallotment of
funds to States pursuant to section 110(b) of the
Rehabilitation Act to ``Institute of Education Sciences'' for
the evaluation of outcomes for students receiving services
and supports under IDEA and under title I, section 504 of
title V, and title VI of the Rehabilitation Act: Provided
further, That the transfer authority in the preceding proviso
is in addition to any other transfer authority in this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$92,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $167,361,000, of which up to
$15,000,000, to remain available until expended, shall be for
construction, as defined by section 201(2) of such Act:
Provided, That from the total amount available, the
University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $2,181,436,000, of which $1,390,436,000
shall become available on July 1, 2024, and shall remain
available through September 30, 2025, and of which
$791,000,000 shall become available on October 1, 2024, and
shall remain available through September 30, 2025: Provided,
That up to $6,100,000 shall be available for innovation and
modernization grants under such section 114(e) of the Perkins
Act: Provided further, That of the amounts made available
for AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,615,352,000 which shall remain
available through September 30, 2025.
The maximum Pell Grant for which a student shall be
eligible during award year 2024-2025 shall be $6,335.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3,
[[Page H1431]]
9, and 10 of part A, and parts B, C, D, and E of title IV of
the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,058,943,000, to remain available
through September 30, 2025: Provided, That the Secretary
shall allocate new student loan borrower accounts to eligible
student loan servicers on the basis of their past performance
compared to all loan servicers utilizing established common
metrics, and on the basis of the capacity of each servicer to
process new and existing accounts: Provided further, That in
order to promote accountability and high-quality service to
borrowers, the Secretary shall not award funding for any
contract solicitation for a new Federal student loan
servicing environment, including the solicitation for the
Federal Student Aid (FSA) Next Generation Processing and
Servicing Environment, unless such an environment provides
for the participation of multiple student loan servicers that
contract directly with the Department of Education to manage
a unique portfolio of borrower accounts and the full life-
cycle of loans from disbursement to pay-off with certain
limited exceptions, and allocates student loan borrower
accounts to eligible student loan servicers based on
performance: Provided further, That the Department shall re-
allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable
laws, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet
contract requirements (including an understanding of Federal
and State law), future performance on the contracts, and
history of compliance with applicable consumer protections
laws: Provided further, That to the extent FSA permits
student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the
contract, and the performance and expectations of
subcontractors shall be accounted for in the prime contract
and in the overall performance of the prime contractor:
Provided further, That FSA shall ensure that the Next
Generation Processing and Servicing Environment, or any new
Federal loan servicing environment, incentivize more support
to borrowers at risk of delinquency or default: Provided
further, That FSA shall ensure that in such environment
contractors have the capacity to meet and are held
accountable for performance on service levels; are held
accountable for and have a history of compliance with
applicable consumer protection laws; and have relevant
experience and demonstrated effectiveness: Provided further,
That the Secretary shall provide quarterly briefings to the
Committees on Appropriations and Education and the Workforce
of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of
the Senate on general progress related to implementation of
Federal student loan servicing contracts: Provided further,
That FSA shall strengthen transparency through expanded
publication of aggregate data on student loan and servicer
performance: Provided further, That $25,000,000 shall be for
ensuring the continuation of student loan servicing
activities, including supporting borrowers reentering
repayment: Provided further, That the limitation in section
302 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations
under this heading by substituting ``10 percent'' for ``3
percent'' for the purposes of the continuation of basic
operations, including student loan servicing, business
process operations, digital customer care, common origination
and disbursement, cybersecurity activities, and information
technology systems: Provided further, That not later than 45
days after enactment of this Act, FSA shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spend plan of anticipated uses of
funds made available in this account for fiscal year 2024 and
provide quarterly updates on this plan (including contracts
awarded, change orders, bonuses paid to staff, reorganization
costs, and any other activity carried out using amounts
provided under this heading for fiscal year 2024) no later
than 10 days prior to the start of such quarter: Provided
further, That FSA shall notify the Committees within 10 days
of any modification of such spend plan that exceeds five
percent of the amount appropriated under the heading
``Student Aid Administration'': Provided further, That the
FSA Next Generation Processing and Servicing Environment, or
any new Federal student loan servicing environment, shall
include accountability measures that account for the
performance of the portfolio and contractor compliance with
FSA guidelines.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the
Mutual Educational and Cultural Exchange Act of 1961, and
section 117 of the Perkins Act, $3,283,296,000, of which
$171,000,000 shall remain available through December 31,
2024: Provided, That notwithstanding any other provision of
law, funds made available in this Act to carry out title VI
of the HEA and section 102(b)(6) of the Mutual Educational
and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation: Provided
further, That section 313(d) of the HEA shall not apply to an
institution of higher education that is eligible to receive
funding under section 318 of the HEA: Provided further, That
amounts made available for carrying out section 419N of the
HEA may be awarded notwithstanding the limitations in section
419N(b)(2) of the HEA: Provided further, That of the amounts
made available under this heading, $202,344,000 shall be used
for the 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
none of the funds made available for projects described in
the preceding proviso shall be subject to section 302 of this
Act: Provided further, That of the funds made available
under this Act to carry out part B of title III of the HEA,
$3,000,000 shall be for grants to supplement amounts awarded
to part B institutions that are junior or community colleges,
as defined in section 312(f) of the HEA: Provided further,
That the supplemental funds described in the preceding
proviso are in addition to any grant award that any
institution may receive under section 323 of the HEA and
shall be allocated in accordance with the allotments
specified under section 324 of such Act.
Howard University
For partial support of Howard University, $304,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $298,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2025: 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, not to exceed $377,340,824:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education
Sciences as authorized by section 208 of the Department of
Education Organization Act and carrying out activities
authorized by the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals
with Disabilities Education Act, $793,106,000, which shall
remain available through September 30, 2025: Provided, That
funds available to carry out section 208 of the Educational
Technical Assistance Act may be used to link Statewide
elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to
$6,000,000 of the funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for
awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and
use at the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $419,907,000: Provided,
That, notwithstanding any other provision of law, none of the
funds provided by this Act or provided by previous
Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may
be used for any activity relating to implementing a
reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority,
or functionality of the Budget Service of the Department of
Education, relative to the organization and operation of the
Budget Service as in effect on January 1, 2018: Provided
further, That none of the funds provided by this Act may be
used on or after August 15, 2024, to support a number of non-
career employees that is above the number of non-career
employees as of December 31, 2022.
[[Page H1432]]
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $67,500,000, of which $3,000,000 shall
remain available through September 30, 2025.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2024, through September 30,
2025.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2024 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
shall be applied by substituting ``2024'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C.
1087h(a)) shall be applied by substituting ``2024'' for
``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans
under part E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087aa et seq.).
Sec. 308. Of the amounts made available in this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct
outreach to borrowers of loans made under part D of title IV
of the Higher Education Act of 1965 who may intend to qualify
for loan cancellation under section 455(m) of such Act (20
U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided,
That the Secretary shall specifically conduct outreach to
assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a
repayment plan that is not described under section 455(m)(A)
of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall
also communicate to all Direct Loan borrowers the full
requirements of section 455(m) of such Act and improve the
filing of employment certification by providing improved
outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program
requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire
payment certification process electronically and on a
centralized website.
Sec. 309. The Secretary may reserve not more than 0.5
percent from any amount made available in this Act for an HEA
program, except for any amounts made available for subpart 1
of part A of title IV of the HEA, to carry out rigorous and
independent evaluations and to collect and analyze outcome
data for any program authorized by the HEA: Provided, That
no funds made available in this Act for the ``Student Aid
Administration'' account shall be subject to the reservation
under this section: Provided further, That any funds
reserved under this section shall be available through
September 30, 2026: Provided further, That if, under any
other provision of law, funds are authorized to be reserved
or used for evaluation activities with respect to a program
or project, the Secretary may also reserve funds for such
program or project for the purposes described in this section
so long as the total reservation of funds for such program or
project does not exceed any statutory limits on such
reservations: Provided further, That not later than 30 days
prior to the initial obligation of funds reserved under this
section, the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor
and Pensions of the Senate, and the Committee on Education
and the Workforce of the House of Representatives a plan that
identifies the source and amount of funds reserved under this
section, the impact on program grantees if funds are withheld
for the purposes of this section, and the activities to be
carried out with such funds.
Sec. 310. In addition to amounts otherwise appropriated by
this Act under the heading ``Innovation and Improvement'' for
purposes authorized by the Elementary and Secondary Education
Act of 1965, there are hereby appropriated an additional
$88,084,000 which shall be used for the 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 none of the funds made available for
such projects shall be subject to section 302 of this Act.
(including transfer of funds)
Sec. 311. Of the amounts appropriated in this Act for
``Institute of Education Sciences'', up to $20,000,000 shall
be available for the Secretary of Education (``the
Secretary'') to provide support services to the Institute of
Education Sciences (including, but not limited to information
technology services, lease or procurement of office space,
human resource services, financial management services,
financial systems support, budget formulation and execution,
legal counsel, equal employment opportunity services,
physical security, facilities management, acquisition and
contract management, grants administration and policy, and
enterprise risk management): Provided, That the Secretary
shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of
Education methodology for allocating the cost of all such
support services: Provided further, That the Secretary may
transfer any amounts available for IES support services in
excess of actual amounts needed for IES support services, as
so calculated, to the ``Program Administration'' account from
the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between
amounts available for IES support services and amounts needed
for IES support services, as so calculated, the Secretary may
transfer necessary amounts to the ``Institute of Education
Sciences'' account from the ``Program Administration''
account: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 14 days in advance of any transfer made
pursuant to this section.
(rescission)
Sec. 312. Of the unobligated balances in the ``Department
of Education Nonrecurring Expenses Fund'' established in
section 313 of division H of Public Law 116-260, $25,000,000
are hereby rescinded not later than September 30, 2024.
This title may be cited as the ``Department of Education
Appropriations Act, 2024''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in
this title as ``the Committee'') established under section
8502 of title 41, United States Code, $13,124,000: Provided,
That in order to authorize any central nonprofit agency
designated pursuant to section 8503(c) of title 41, United
States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written
agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing,
oversight, and reporting provisions as necessary to implement
chapter 85 of title 41, United States Code: Provided
further, That such agreement shall include the elements
listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement
Elements'' in the explanatory statement described in section
4 of Public Law 114-113 (in the matter preceding division A
of that consolidated Act): Provided further, That any such
central nonprofit agency may not charge a fee under section
51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided
further, That no less than $3,150,000 shall be available for
the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $975,525,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the
1990 Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $19,538,000
shall be available to provide assistance to State commissions
on national
[[Page H1433]]
and community service, under section 126(a) of the 1990 Act
and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3)
$37,735,000 shall be available to carry out subtitle E of the
1990 Act; and (4) $8,558,000 shall be available for expenses
authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further,
That for the purposes of carrying out the 1990 Act,
satisfying the requirements in section 122(c)(1)(D) may
include a determination of need by the local community.
payment to the national service trust
(including rescission and transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $180,000,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b): Provided further, That of the
discretionary unobligated balances from amounts made
available in prior appropriations Acts to the National
Service Trust, $243,000,000 are hereby permanently rescinded,
except that no amounts may be rescinded from amounts that
were previously 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.
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $99,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$7,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2024,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146, and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of
not more than one year may receive a national service
education award having a value of 70 percent of the value of
a national service education award determined under section
147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be
applied by substituting ``an approved national service
position'' for ``a national service program that receives
grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2026,
$535,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or
is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That
none of the funds made available to CPB by this Act shall be
used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other
personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure
and efficiencies within the public media system, $60,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$53,705,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and
technical assistance, including those provided to foreign
governments and international organizations, and for
arbitration services shall be credited to and merged with
this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be
available only for education, training, and professional
development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real,
personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $294,800,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $9,405,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $13,824,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $299,224,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 408. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means in an election
to determine
[[Page H1434]]
a representative for the purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $8,000,000, which shall include amounts becoming
available in fiscal year 2024 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2025, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $126,000,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013:
Provided further, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or
individuals who have recently completed qualifying
educational programs using current excepted hiring
authorities established by the Office of Personnel
Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$14,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m) and 1131(b)(2) of the
Social Security Act, $10,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $45,365,042,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $91,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2026.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2025,
$21,700,000,000, to remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for
official reception and representation expenses, not more than
$14,075,978,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,700,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated balances
of funds provided under this paragraph at the end of fiscal
year 2024 not needed for fiscal year 2024 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommunications
hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associated
solely with this information technology and
telecommunications infrastructure: Provided further, That
the Commissioner of Social Security shall notify the
Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available
under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this
heading for expenditures for official time for employees of
the Social Security Administration pursuant to 5 U.S.C. 7131,
and for facilities or support services for labor
organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
From funds provided under the first paragraph under this
heading, not more than $1,851,000,000, to remain available
through March 31, 2025, is for the costs associated with
continuing disability reviews under titles II and XVI of the
Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant
United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and $1,578,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(B) of such Act: Provided further, That, of the
additional new budget authority described in the preceding
proviso, up to $15,100,000 may be transferred to the ``Office
of Inspector General'', Social Security Administration, for
the cost of jointly operated co-operative disability
investigation units: Provided further, That such transfer
authority is in addition to any other transfer authority
provided by law: Provided further, That the Commissioner
shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of
these funds, similar to the reports that were required by
section 103(d)(2) of Public Law 104-121 for fiscal years 1996
through 2002: Provided further, That none of the funds
described in this paragraph shall be available for transfer
or reprogramming except as specified in this paragraph.
In addition, $150,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal
year 2024 exceed $150,000,000, the amounts shall be available
in fiscal year 2025 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,000,000, together with not to exceed
$82,665,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information
technology modernization, including related hardware and
software infrastructure and equipment, and for administrative
expenses directly associated with information technology
modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for
[[Page H1435]]
obligation beyond the current fiscal year unless expressly so
provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
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 appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) 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 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 or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) 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 in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction 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
[[Page H1436]]
a change in existing programs, activities, or projects as
approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2024 that are different than those specified in
this Act, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
or the fiscal year 2024 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000, individually or in total for a particular project,
activity, or programmatic initiative, in value and awarded by
the Department on a non-competitive basis during each quarter
of fiscal year 2024, but not to include grants awarded on a
formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after
the end of the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 520. (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. 521. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at United States
taxpayer expense. The funds used by a Federal agency to carry
out this requirement shall be derived from amounts made
available to the agency for advertising or other
communications regarding the programs and activities of the
agency.
Sec. 523. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such
Pilots shall be governed by the provisions of section 526 of
division H of Public Law 113-76, except that in carrying out
such Pilots section 526 shall be applied by substituting
``Fiscal Year 2024'' for ``Fiscal Year 2014'' in the title of
subsection (b) and by substituting ``September 30, 2028'' for
``September 30, 2018'' each place it appears: Provided, That
such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public
Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524
of division A of Public Law 116-94, section 524 of division H
of Public Law 116-260, section 523 of division H of Public
Law 117-103,and section 523 of division H of Public Law 117-
328.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such
authorities.
Sec. 524. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal
year 2024 the Departments of Labor, Health and Human Services
and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 525. The Departments of Labor, Health and Human
Services, and Education shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a comprehensive list of any new or competitive grant award
notifications, including supplements, issued at the
discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is
announced by the Department or its offices (other than
emergency response grants at any time of the year or for
grant awards made during the last 10 business days of the
fiscal year, or if applicable, of the program year).
Sec. 526. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of
any illegal drug: Provided, That such limitation does not
apply to the use of funds for elements of a program other
than making such purchases if the relevant State or local
health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or
local jurisdiction, as applicable, is experiencing, or is at
risk for, a significant increase in hepatitis infections or
an HIV outbreak due to injection drug use, and such program
is operating in accordance with State and local law.
Sec. 527. Each department and related agency funded
through this Act shall provide answers to questions submitted
for the record by members of the Committee within 45 business
days after receipt.
Sec. 528. Of amounts deposited in the Child Enrollment
Contingency Fund under section 2104(n)(2) of the Social
Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act,
$14,224,000,000 shall not be available for obligation in this
fiscal year.
(rescission)
Sec. 529. Of the unobligated balances of funds made
available by sections 2301, 2302, 2303, 2401, 2402, 2403,
2404, 2501, 2502, 2704, 3101 and 9911 of the American Rescue
Plan Act of 2021 (Public Law 117-2), $4,309,000,000 are
hereby rescinded: Provided, That not later than 60 days
after the date of enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report specifying the unobligated balances rescinded
pursuant to this section by both account and amount from each
applicable appropriation in Public Law 117-2.
(rescission)
Sec. 530. Of the unobligated balances of amounts made
available in section 10301(1)(A)(ii) of Public Law 117-169,
$10,000,000,000 are hereby rescinded.
Sec. 531. (a) This section applies to: (1) the
Administration for Children and Families in the Department of
Health and Human Services; and (2) the Chief Evaluation
Office and the statistical-related cooperative and
interagency agreements and contracting activities of the
Bureau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in
subsection (a) for research, evaluation, or statistical
purposes shall be available for obligation through September
30, 2028: Provided, That when an office referenced in
subsection (a) receives research and evaluation funding from
multiple appropriations, such offices may use a single
Treasury account for such activities, with funding advanced
on a reimbursable basis.
(c) Amounts referenced in subsection (b) 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 such amounts
are available.
This division may be cited as the ``Departments of Labor,
Health and Human Services,
[[Page H1437]]
and Education, and Related Agencies Appropriations Act,
2024''.
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate,
$40,000; Majority Whip of the Senate, $10,000; Minority Whip
of the Senate, $10,000; President Pro Tempore Emeritus,
$15,000; Chairmen of the Majority and Minority Conference
Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each
Chairman; in all, $195,000.
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$277,838,000, which shall be paid from this appropriation as
follows:
office of the vice president
For the Office of the Vice President, $3,000,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $843,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$364,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$6,272,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,934,000.
committee on appropriations
For salaries of the Committee on Appropriations,
$19,319,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,914,000 for each such
committee; in all, $3,828,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $952,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,955,000 for each such
committee; in all, $3,910,000.
office of the chaplain
For Office of the Chaplain, $606,000.
office of the secretary
For Office of the Secretary, $30,288,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$115,875,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $2,644,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $86,003,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $8,650,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,365,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,500; Sergeant at Arms and Doorkeeper of the Senate,
$7,500; Secretary for the Majority of the Senate, $7,500;
Secretary for the Minority of the Senate, $7,500; in all,
$30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $174,000,000, of which $17,400,000 shall remain
available until September 30, 2026.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $582,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$17,494,000, of which $12,994,000 shall remain available
until September 30, 2028, and of which $4,500,000 shall
remain available until expended: Provided, That of the
amounts made available under this heading, $112,000 shall be
available for the requirements associated with Public Law
117-326.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $194,942,000, of which $185,442,000
shall remain available until September 30, 2028: Provided,
That of the amounts made available under this heading,
$5,000,000, to remain available until expended, shall be for
Senate hearing room audiovisual equipment; $2,500,000, to
remain available until expended, shall be for a residential
security system program; and $2,000,000, to remain available
until expended, shall be for a joint audible warning system.
miscellaneous items
For miscellaneous items, $26,517,000 which shall remain
available until September 30, 2026.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $552,600,000, of which $20,128,000 shall remain
available until September 30, 2026, and of which $7,000,000
shall be allocated solely for the purpose of providing
financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE--Contingent Expenses of the Senate--senators'
official personnel and office expense account'' shall be
available for obligation only during the fiscal year or
fiscal years for which such amounts are made available. Any
unexpended balances under such allowances remaining after the
end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under
the center heading ``GENERAL PROVISION'' under chapter XI of
the Third Supplemental Appropriation Act, 1957 (2 U.S.C.
4107) and used for deficit reduction (or, if there is no
Federal budget deficit after all such payments have been
made, for reducing the Federal debt, in such manner as the
Secretary of the Treasury considers appropriate).
number of consultants
Sec. 102. Section 101(a) of the Supplemental
Appropriations Act, 1977 (2 U.S.C. 6501(a)) is amended, in
the first sentence, by striking ``nine'' and inserting
``12''.
availability of authority of executive agencies to use appropriated
amounts for child care to the united states senate
Sec. 103. (a) Section 590(g) of title 40, United States
Code, is amended by adding at the end the following:
``(7) Application to senate.--This subsection shall apply
with respect to the Senate in the same manner as it applies
to an Executive agency, except that--
``(A) the authority granted to the Office of Personnel
Management shall be exercised with respect to the Senate, by
the Majority and Minority Leaders of the Senate, in
accordance with regulations promulgated by the Committee on
Rules and Administration of the Senate; and
``(B) amounts may be made available to implement this
subsection with respect to the Senate without advance notice
to the Committee on Appropriations of the House of
Representatives.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2024 and each
succeeding fiscal year.
security of office space rented by senators
Sec. 104. Section 3 of the Legislative Branch
Appropriations Act, 1975 (2 U.S.C. 6317) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (12) as
subparagraphs (A) through (L), respectively;
(B) by striking ``The aggregate'' and inserting ``(1)
Subject to paragraph (2), the aggregate''; and
(C) by adding at the end the following:
``(2) The aggregate square feet of an office space for
purposes of paragraph (1) shall not include any portion of
the office space used for security or safety enhancements
that are--
``(A) of a kind authorized by the Committee on Rules and
Administration of the Senate, which shall include an
information technology security closet and a secure lobby or
reception area; and
``(B) approved by the Sergeant at Arms and Doorkeeper of
the Senate.''; and
(2) in subsection (c)(1)--
(A) by striking ``The maximum'' and inserting ``(A) Subject
to subparagraph (B), the maximum''; and
[[Page H1438]]
(B) by adding at the end the following:
``(B) The portion of the cost of a rental described in
subparagraph (A) that is attributable to building security
and safety measures shall not be included in determining the
annual rate paid for the rental for purposes of subparagraph
(A) if--
``(i) the costs are for building security and safety
measures--
``(I) of a kind authorized by the Committee on Rules and
Administration of the Senate, which shall include guard
services, access control, and facility monitoring; and
``(II) approved by the Sergeant at Arms and Doorkeeper of
the Senate; and
``(ii) such costs are itemized separately in a manner
approved by the Sergeant at Arms and Doorkeeper of the
Senate.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,850,998,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$36,560,000, including: Office of the Speaker, $10,499,000,
including $35,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $3,730,000, including
$15,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $10,499,000, including $17,500
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$3,099,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $2,809,000, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $2,962,000; Democratic Caucus, $2,962,000:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2024 until January 2, 2025.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$810,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a)
for the compensation of interns who serve in the offices of
Members of the House of Representatives, $20,638,800, to
remain available through January 2, 2025: Provided, That
notwithstanding section 120(b) of such Act, an office of a
Member of the House of Representatives may use not more than
$46,800 of the allowance available under this heading during
legislative year 2024.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the
Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106)
for the compensation of interns who serve in House leadership
offices, $586,000, to remain available through January 2,
2025: Provided, That of the amount provided under this
heading, $322,300 shall be available for the compensation of
interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker
of the House of Representatives, and $263,700 shall be
available for the compensation of interns who serve in House
leadership offices of the minority, to be allocated among
such offices by the Minority Floor Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
For the allowance established under section 113(a)(1) of
the Legislative Branch Appropriations Act, 2022 (Public Law
117-103) for the compensation of interns who serve in offices
of standing, special, and select committees (other than the
Committee on Appropriations), $2,600,000, to remain available
through January 2, 2025: Provided, That of the amount
provided under this heading, $1,300,000 shall be available
for the compensation of interns who serve in offices of the
majority, and $1,300,000 shall be available for the
compensation of interns who serve in offices of the minority,
to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the
Committee on House Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
For the allowance established under section 113(a)(2) of
the Legislative Branch Appropriations Act, 2022 (Public Law
117-103) for the compensation of interns who serve in offices
of the Committee on Appropriations, $463,000: Provided, That
of the amount provided under this heading, $231,500 shall be
available for the compensation of interns who serve in
offices of the majority, and $231,500 shall be available for
the compensation of interns who serve in offices of the
minority, to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the
Committee on Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $180,587,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2024, except that
$5,800,000 of such amount shall remain available until
expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $31,294,000, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2024.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $324,879,000, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representation and reception
expenses, of which not more than $20,000 is for the Family
Room and not more than $2,000 is for the Office of the
Chaplain, $41,455,000, of which $9,000,000 shall remain
available until expended; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $38,793,000, of which
$22,232,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $213,072,000,
of which $26,477,000 shall remain available until expended;
for salaries and expenses of the Office of the Whistleblower
Ombuds, $1,250,000; for salaries and expenses of the Office
of the Inspector General, $5,512,000; for salaries and
expenses of the Office of General Counsel, $1,987,000; for
salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official
representation and reception expenses, $2,240,000; for
salaries and expenses of the Office of the Law Revision
Counsel of the House, $3,900,000; for salaries and expenses
of the Office of the Legislative Counsel of the House,
$14,671,000, of which $2,000,000 shall remain available until
expended; for salaries and expenses of the Office of
Interparliamentary Affairs, $934,000; for other authorized
employees, $1,065,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $433,390,200, including: supplies,
materials, administrative costs and Federal tort claims,
$1,555,000; official mail for committees, leadership offices,
and administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other
applicable employee benefits, $392,368,200, to remain
available until March 31, 2025, except that $37,000,000 of
such amount shall remain available until expended; salaries
and expenses for Business Continuity and Disaster Recovery,
$27,264,000, of which $6,000,000 shall remain available until
expended; transition activities for new members and staff,
$5,895,000, to remain available until expended; Green and
Gold Congressional Aide Program, $3,356,000, to remain
available until expended; Office of Congressional Ethics,
$1,762,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $1,000,000.
House of Representatives Modernization Initiatives Account
For the House of Representatives Modernization Initiatives
Account established under section 115 of the Legislative
Branch Appropriations Act, 2021 (2 U.S.C. 5513), $10,000,000,
to remain available until expended: Provided, That
disbursement from this account is subject to approval of the
Committee on Appropriations of the House of Representatives:
Provided further, That funds provided in this account shall
only be used for initiatives approved by the Committee on
House Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--members'
representational allowances'' shall be available only for
fiscal year 2024. Any amount remaining after all payments are
made under such allowances for fiscal year 2024 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations
to carry out this section.
(c) As used in this section, the term ``Member of the House
of Representatives'' means a Representative in, or a Delegate
or Resident Commissioner to, the Congress.
[[Page H1439]]
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides
assistance to the House of Representatives in the House's
efforts to deter, prevent, mitigate, or remediate
cybersecurity risks to, and incidents involving, the
information systems of the House shall take all necessary
steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the
assistance, including applying minimization procedures to
limit the spread or sharing of privileged House and Member
information.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2025
For salaries and expenses associated with conducting the
inaugural ceremonies of the President and Vice President of
the United States, January 20, 2025, in accordance with such
program as may be adopted by the joint congressional
committee authorized to conduct the inaugural ceremonies of
2025, $3,675,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2025:
Provided, That funds made available under this heading shall
be available for payment, on a direct or reimbursable basis,
whether incurred on, before, or after, October 1, 2024:
Provided further, That the compensation of any employee of
the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the
inaugural ceremonies of 2025 shall continue to be paid by the
Committee on Rules and Administration, but the account from
which such staff member is paid may be reimbursed for the
services of the staff member out of funds made available
under this heading: Provided further, That of the amounts
made available under the heading ``SENATE--Contingent
Expenses of the Senate--inquiries and investigations'', there
are authorized to be paid sums as may be necessary, without
fiscal year limitation, for agency contributions related to
the compensation of employees of the joint congressional
committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $13,554,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and
their assistants, including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior Medical
Officer;
(3) an allowance of $900 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $900 per month to 2 assistants and $900
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $3,054,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $4,764,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,766,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$588,627,000, of which overtime shall not exceed $74,976,000
unless the Committees on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or a duly authorized designee: Provided, That
of the amounts made available under this heading, at least
$3,167,000 shall be available for overtime to support mission
requirements associated with the national political
conventions and pre-inauguration preparedness; and
$15,000,000 shall be available for tuition reimbursement,
recruitment and retention bonuses and other retention focused
salary related items.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
Member protection-related activities and equipment,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Centers, and not more than $7,500 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $202,846,000, to be disbursed by the
Chief of the Capitol Police or a duly authorized designee:
Provided, That, notwithstanding any other provision of law,
the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Centers for fiscal year 2024
shall be paid by the Secretary of Homeland Security from
funds available to the Department of Homeland Security:
Provided further, That of the amounts made available under
this heading, $3,200,000 shall be available to support
mission requirements associated with the national political
conventions and pre-inauguration preparedness: Provided
further, That none of the amounts made available under this
heading may be used to purchase a drone manufactured in the
People's Republic of China or by a business affiliated with
the People's Republic of China except for national security
purposes.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of
the Office of Congressional Workplace Rights, $8,150,000, of
which $2,500,000 shall remain available until September 30,
2025, and of which not more than $1,000 may be expended on
the certification of the Executive Director in connection
with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $70,000,000:
Provided, That the Director shall use not less than $500,000
of the amount made available under this heading for (1)
improving technical systems, processes, and models for the
purpose of improving the transparency of estimates of
budgetary effects to Members of Congress, employees of
Members of Congress, and the public, and (2) to increase the
availability of models, economic assumptions, and data for
Members of Congress, employees of Members of Congress, and
the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in
connection with facilities and activities under the care of
the Architect of the Capitol, including the Botanic Garden,
Senate and House office buildings, and other facilities under
the jurisdiction of the Architect of the Capitol; for
furnishings and office equipment; for official reception and
representation expenses of not more than $5,000, to be
expended as the Architect of the Capitol may approve; for
purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $152,507,000, of which $3,100,000
shall remain available until September 30, 2028: Provided,
That $1,000,000 shall be for improvements to rooms for
nursing mothers and related resources across the Capitol
complex.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $95,688,000, of which $46,599,000
shall remain available until September 30, 2028, and of which
$17,000,000 shall remain available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $16,600,000, of which
$2,000,000 shall remain available until September 30, 2028.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $138,751,000, of which
$52,825,000 shall remain available until September 30, 2028,
and of which $1,000,000 shall remain available until
expended.
House Office Buildings
For all necessary expenses for the maintenance, care, and
operation of the House office buildings, $166,426,000, of
which an amount equal to the balance of the House Office
Buildings Fund under section 176(d) of the Continuing
Appropriations Act, 2017 (2 U.S.C. 2001 note) as of the date
of the enactment of this Act shall be derived from such
[[Page H1440]]
Fund, and of which $50,562,000 shall remain available until
September 30, 2028, and of which $41,800,000 shall remain
available until expended for the restoration and renovation
of the Cannon House Office Building.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; and all electrical
substations of the Capitol; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $148,650,000, of which $43,400,000
shall remain available until September 30, 2028: Provided,
That not more than $10,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2024.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $94,978,000, of which $27,800,000
shall remain available until September 30, 2028; and of which
$30,000,000 shall remain available until expended.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computing Facility, and Architect of the Capitol
security operations, $85,207,000, of which $26,169,000 shall
remain available until September 30, 2028: Provided, That of
such amount, $250,000 shall be for construction contingencies
related to Project 116-DS: Provided further, That none of
the amounts made available under this heading may be used to
purchase a drone manufactured in the People's Republic of
China or by a business affiliated with the People's Republic
of China except for national security purposes.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $20,506,000, of which $4,900,000 shall remain
available until September 30, 2028: Provided, That, of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $28,000,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 120. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over
budget, unless the Architect of the Capitol, or agency-
employed designee, 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.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; information technology services provided
centrally; special clothing; cleaning, laundering and repair
of uniforms; preservation of motion pictures in the custody
of the Library; operation and maintenance of the American
Folklife Center in the Library; preparation and distribution
of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses
of the Library of Congress Trust Fund Board not properly
chargeable to the income of any trust fund held by the Board,
$592,411,000, and, in addition, amounts credited to this
appropriation during fiscal year 2024 under the Act of June
28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall
remain available until expended: Provided, That the Library
of Congress may not obligate or expend any funds derived from
collections under the Act of June 28, 1902, in excess of the
amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That of the total
amount appropriated, not more than $18,000 may be expended,
on the certification of the Librarian of Congress, in
connection with official representation and reception
expenses, including for the Overseas Field Offices: Provided
further, That of the total amount appropriated, no less than
$10,360,000 shall remain available until expended for the
Teaching with Primary Sources program, of which $2,379,000
shall be for the Lewis-Houghton Civics and Democracy
Initiative: Provided further, That of the total amount
appropriated, $1,509,000 shall remain available until
expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total
amount appropriated, no less than $150,000 shall remain
available until expended for the Surplus Books Program to
promote the program and facilitate a greater number of
donations to eligible entities across the United States:
Provided further, That of the total amount appropriated,
$4,205,000 shall remain available until expended for the
Veterans History Project to continue digitization efforts of
already collected materials, reach a greater number of
veterans to record their stories, and promote public access
to the Project: Provided further, That of the total amount
appropriated, $1,500,000 shall remain available until
expended for the COVID-19 American History Project: Provided
further, That of such amount, $5,000,000 shall be available
until expended for the development and implementation of a
pilot data storage and migration method initiative.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$103,128,000, of which not more than $38,025,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2024 under
sections 708(d) and 1316 of title 17, United States Code:
Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section
in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That
not more than $7,566,000 shall be derived from collections
during fiscal year 2024 under sections 111(d)(2), 119(b)(3),
803(e), and 1005 of such title: Provided further, That the
total amount available for obligation shall be reduced by the
amount by which collections are less than $45,591,000:
Provided further, That of the funds provided under this
heading, not less than $10,300,000 is for modernization
initiatives, of which $9,300,000 shall remain available until
September 30, 2025: Provided further, That not more than
$100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in
the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in
intellectual property laws and policies: Provided further,
That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for
activities of the International Copyright Institute and for
copyright delegations, visitors, and seminars: Provided
further, That, notwithstanding any provision of chapter 8 of
title 17, United States Code, any amounts made available
under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used
for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and
staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $136,080,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does
not apply to publication of non-confidential Congressional
Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product
containing research or analysis that is currently available
for general congressional access on the CRS Congressional
Intranet, or that would be made available on the CRS
Congressional Intranet in the normal course of business and
does not include material prepared in response to
Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$66,130,000: Provided, That of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and print disabled residents at
no cost to the individual.
[[Page H1441]]
Administrative Provision
reimbursable and revolving fund activities
Sec. 130. (a) In General.--For fiscal year 2024, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$324,110,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to
be distributed without charge to the recipient, $83,000,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code,
none of the funds appropriated or made available under this
Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document,
report, or publication after the 27-month period beginning on
the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of
title 44, United States Code: Provided further, That
unobligated or unexpended balances of expired discretionary
funds made available under this heading in this Act for this
fiscal year may be transferred to, and merged with, funds
under the heading ``Government Publishing Office Business
Operations Revolving Fund'' no 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,
to be available for carrying out the purposes of this
heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That notwithstanding sections 901,
902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications in
any format, and their distribution to the public, Members of
Congress, other Government agencies, and designated
depository and international exchange libraries as authorized
by law, $37,388,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for the preceding two fiscal years
to depository and other designated libraries: Provided
further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this
Act for this fiscal year may be transferred to, and merged
with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no 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, to be available for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $11,611,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance 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 and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the Business Operations
Revolving Fund may provide information in any format:
Provided further, That the Business Operations Revolving Fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $811,894,000, of which
$5,000,000 shall remain available until expended: Provided,
That, in addition, $73,976,000 of payments received under
sections 782, 791, 3521, and 9105 of title 31, United States
Code, shall be available without fiscal year limitation:
Provided further, That this appropriation and appropriations
for administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit
Forum or a Regional Intergovernmental Audit Forum shall be
available to finance an appropriate share of either Forum's
costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants:
Provided further, That payments hereunder to the Forum may be
credited as reimbursements to any appropriation from which
costs involved are initially financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional
Office for International Leadership under section 313 of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$6,000,000: Provided, That funds made available to support
Russian participants shall only be used for those engaging in
free market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the
central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2024
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code,
[[Page H1442]]
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 under existing
law.
costs of legislative branch financial managers council
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. 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 appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire
telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation for a high 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,
office, or other entity acquiring the equipment or system
has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high or 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 Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted
an assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such telecommunications
equipment for inclusion in a high or moderate impact 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 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 and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such
telecommunications equipment for inclusion in a high or
moderate impact system is in the vital national security
interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the telecommunications equipment
for inclusion in a high or moderate impact system intended
for acquisition and a detailed description of the mitigation
strategies identified in paragraph (1), provided that such
report may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (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 or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall
confer and coordinate with such food service provider or
providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from
plastic straws, explore the use of biodegradable items, and
increase recycling and composting opportunities.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2024''.
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,413,107,000,
of which $839,910,000 may remain available until September
30, 2025, and of which up to $3,813,707,000 may remain
available until expended for Worldwide Security Protection:
Provided, That funds made available under this heading shall
be allocated in accordance with paragraphs (1) through (4),
as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948 (62 Stat.
11; Chapter 36), $3,336,128,000, of which up to $684,767,000
is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,828,155,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation, and
disarmament activities as authorized, $1,091,879,000.
(4) Security programs.--For necessary expenses for security
activities, $3,156,945,000, of which up to $3,128,940,000 is
for Worldwide Security Protection.
(5) Reprogramming.--Notwithstanding any other provision of
this Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject to
section 7015 of this Act.
consular and border security programs
Of the amounts deposited in the Consular and Border
Security Programs account in this or any prior fiscal year
pursuant to section 7069(e) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2022 (division K of Public Law 117-103), $50,000,000 shall be
available until expended for the purposes of such account,
including to reduce passport backlogs and reduce visa wait
times: Provided, That the Secretary of State may by
regulation authorize State officials or the United States
Postal Service to collect and retain the execution fee for
each application for a passport accepted by such officials or
by that Service.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$131,670,000, of which $16,025,000 may remain available until
September 30, 2025, and of which $24,835,000 may remain
available until September 30, 2025 for the Special Inspector
General for Afghanistan Reconstruction (SIGAR): Provided,
That funds appropriated under this heading are made available
notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post
inspections: Provided further, That funds appropriated under
this heading that are made available for the printing and
reproduction costs of SIGAR shall not exceed amounts for such
costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $741,000,000, to remain available
until expended, of which not less than $287,800,000 shall be
for the Fulbright Program: Provided, That fees or other
payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the
Eurasia and Central Asia regions shall be designated as
Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That funds
appropriated under this heading
[[Page H1443]]
that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the
John S. McCain Scholars Program, pursuant to section 7075 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public Law
116-6): Provided further, That any substantive modifications
from the prior fiscal year to programs funded under this
heading in this Act shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable
the Secretary of State to provide for extraordinary
protective services, as authorized, $30,890,000, to remain
available until September 30, 2025.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that
are owned or leased by the Department of State, and
renovating, in addition to funds otherwise available, the
Harry S Truman Building, $902,615,000, to remain available
until September 30, 2028, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized:
Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies
of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,055,206,000,
to remain available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $8,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,800,000, as authorized:
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 funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$5,167,004.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $35,964,000.
international center, washington, district of columbia
Not to exceed $1,842,732 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $744,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,543,452,000, of
which $96,240,000 may remain available until September 30,
2025: Provided, That the Secretary of State shall, at the
time of the submission of the President's budget to Congress
under section 1105(a) of title 31, United States Code,
transmit to the Committees on Appropriations the most recent
biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the
Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United
Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere
in the United Nations budget: Provided further, That any
payment of arrearages under this heading shall be directed to
activities that are mutually agreed upon by the United States
and the respective international organization and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That funds
made available under this heading may be made available for
United States contributions in support of the International
Energy Forum.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $1,367,407,000, of which $683,704,000 may remain
available until September 30, 2025: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost
in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of sexual exploitation and abuse or other violations of
human rights, and to hold accountable individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the website of
the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds
shall be available for peacekeeping expenses unless the
Secretary of State determines that United States
manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That
none of the funds appropriated or otherwise made available
under this heading may be used for any United Nations
peacekeeping mission that will involve United States Armed
Forces under the command or operational control of a foreign
national, unless the President's military advisors have
submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the
Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$64,800,000, of which $9,720,000 may remain available until
September 30, 2025.
construction
For detailed plan preparation and construction of
authorized projects, $156,050,000, to remain available until
expended, as authorized: Provided, That of the funds
appropriated under this heading in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs for the United States
Section, up to $5,000,000 may be transferred to, and merged
with, funds appropriated under the heading ``Salaries and
Expenses'' to carry out the purposes of the United States
Section, which shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided further, That such transfer
authority is in addition to any other transfer authority
provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for technical assistance grants and the
Community Assistance Program of the North American
Development Bank, $16,204,000: Provided,
[[Page H1444]]
That of the amount provided under this heading for the
International Joint Commission, up to $1,250,000 may remain
available until September 30, 2025, and up to $9,000 may be
made available for representation expenses: Provided
further, That of the amount provided under this heading for
the International Boundary Commission, up to $1,000 may be
made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $65,719,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out
international communication activities, and to make and
supervise grants for radio, Internet, and television
broadcasting to the Middle East, $857,214,000, of which
$42,861,000 may remain available until September 30, 2025:
Provided, That in addition to amounts otherwise available for
such purposes, up to $75,722,000 of the amount appropriated
under this heading may remain available until expended for
satellite transmissions, global network distribution, and
Internet freedom programs, of which not less than $43,500,000
shall be for Internet freedom programs: Provided further,
That of the total amount appropriated under this heading, not
to exceed $35,000 may be used for representation expenses, of
which $10,000 may be used for such expenses within the United
States as authorized, and not to exceed $30,000 may be used
for representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That funds appropriated under
this heading shall be allocated in accordance with the table
included under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That
notwithstanding the previous proviso, funds may be
reprogrammed within and between amounts designated in such
table, subject to the regular notification procedures of the
Committees on Appropriations, except that no such
reprogramming may reduce a designated amount by more than 5
percent: Provided further, That funds appropriated under
this heading shall be made available in accordance with the
principles and standards set forth in section 303(a) and (b)
of the United States International Broadcasting Act of 1994
(22 U.S.C. 6202) and section 305(b) of such Act (22 U.S.C.
6204): Provided further, That the USAGM Chief Executive
Officer shall notify the Committees on Appropriations within
15 days of any determination by the USAGM that any of its
broadcast entities, including its grantee organizations,
provides an open platform for international terrorists or
those who support international terrorism, or is in violation
of the principles and standards set forth in section 303(a)
and (b) of such Act or the entity's journalistic code of
ethics: Provided further, That in addition to funds made
available under this heading, and notwithstanding any other
provision of law, up to $5,000,000 in receipts from
advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available
until expended for carrying out authorized purposes:
Provided further, That significant modifications to USAGM
broadcast hours previously justified to Congress, including
changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all USAGM language
services shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That up to $7,000,000 from the USAGM Buying Power
Maintenance account may be transferred to, and merged with,
funds appropriated by this Act under the heading
``International Broadcasting Operations'', which shall remain
available until expended: Provided further, That such
transfer authority is in addition to any transfer authority
otherwise available under any other provision of law and
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $22,000,000, to remain
available until expended.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $55,000,000, to remain
available until September 30, 2025, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2024, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2024, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2024, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $22,000,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $315,000,000,
to remain available until expended, of which $210,316,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $104,684,000 shall be
for democracy programs: Provided, That the requirements of
section 7062(a) of this Act shall not apply to funds made
available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, as authorized by
chapter 3123 of title 54, United States Code, $770,000, of
which $116,000 may remain available until September 30, 2025:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2024:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $4,000,000, to remain available until
September 30, 2025, including not more than $4,000 for
representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,908,000, including not more than
$6,000 for representation expenses, to remain available until
September 30, 2025.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,300,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2025.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2025: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through fifth provisos under this
[[Page H1445]]
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2024 and shall apply to funds appropriated under this
heading.
Commission on Reform and Modernization of the Department of State
salaries and expenses
For necessary expenses of the Commission on Reform and
Modernization of the Department of State, as authorized by
section 9803 of the Department of State Authorization Act of
2022 (title XCVIII of division I of Public Law 117-263),
$2,000,000, to remain available until September 30, 2025.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,695,000,000, of which up to $254,250,000 may remain
available until September 30, 2025: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID
during the current fiscal year: Provided further, That of
the funds appropriated under this heading, up to $20,000,000
may be transferred to, and merged with, funds appropriated or
otherwise made available in title II of this Act under the
heading ``Capital Investment Fund'', subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $259,100,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$85,500,000, of which up to $12,825,000 may remain available
until September 30, 2025, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,985,450,000, to
remain available until September 30, 2025, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall
be made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to
unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive
health: Provided further, That funds appropriated under this
paragraph may be made available for United States
contributions to The GAVI Alliance and to a multilateral
vaccine development partnership to support epidemic
preparedness: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available
under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $6,045,000,000, to remain available until September 30,
2028, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund): Provided further, That the amount of such
contribution shall be $1,650,000,000: Provided further, That
up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2024 may be
[[Page H1446]]
made available to USAID for technical assistance related to
the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
paragraph, up to $22,000,000 may be made available, in
addition to amounts otherwise available for such purposes,
for administrative expenses of the United States Global AIDS
Coordinator, consistent with the direction included under
this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $3,931,000,000, to remain available until September 30,
2025: Provided, That funds made available under this heading
shall be apportioned to the United States Agency for
International Development.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $4,779,000,000, to remain
available until expended, of which $750,000,000 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, That
funds made available under this heading shall be apportioned
to the United States Agency for International Development not
later than 60 days after the date of enactment of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, and to support transition to
democracy and long-term development of countries in crisis,
$75,000,000, to remain available until expended: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new,
or terminating a, program of assistance: Provided further,
That if the Secretary of State determines that it is
important to the national interest of the United States to
provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the
funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for
purposes of this heading and under the authorities applicable
to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with
the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of
section 509(b) of the Global Fragility Act of 2019 (title V
of division J of Public Law 116-94), $55,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading may be made available notwithstanding any
other provision of law, except sections 7007, 7008, and 7018
of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this
heading shall be apportioned to the United States Agency for
International Development.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,890,400,000, to remain available until September 30, 2025,
of which $300,000,000 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.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$205,200,000, to remain available until September 30, 2025,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds
appropriated under this heading that are made available to
the National Endowment for Democracy and its core institutes
are in addition to amounts otherwise made available by this
Act for such purposes: Provided further, That the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations
prior to the initial obligation of funds appropriated under
this paragraph.
For an additional amount for such purposes, $140,000,000,
to remain available until September 30, 2025, which shall be
made available for the Bureau for Democracy, Human Rights,
and Governance, United States Agency for International
Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
$770,334,000, to remain available until September 30, 2025,
which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the
SEED Act of 1989 (22 U.S.C. 5402), in addition to funds
otherwise available for such purposes, of which $310,000,000
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, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support
Fund'', and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of the FREEDOM Support Act and section 601 of the
SEED Act of 1989: Provided further, That funds appropriated
under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities
contained in that Act for the use of economic assistance:
Provided further, That funds appropriated under this heading
may be made available for contributions to multilateral
initiatives to counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601), and other activities to meet
refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980 (22 U.S.C. 3901 et seq.); allowances as
authorized by sections 5921 through 5925 of title 5, United
States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United
States Code, $3,928,000,000, to remain available until
expended, of which $750,000,000 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, That of the funds
appropriated under this heading, $5,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(c)), $100,000, to remain available until
expended: Provided, That amounts in excess of the limitation
contained in paragraph (2) of such section shall be
transferred to, and merged with, funds made available by this
Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$430,500,000, of which $7,800,000 is for the Office of
Inspector General, to remain available until September 30,
2025: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That in addition to the
requirements under section 7015(a) of this Act, the Peace
Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic
or overseas office or a country program unless there is a
substantial risk to volunteers or other Peace Corps
personnel: Provided further, That none of the funds
appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the
previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $930,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $143,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That section 605(e) of the MCA (22 U.S.C. 7704(e))
shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA (22 U.S.C.
7708)
[[Page H1447]]
only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the
entire amount of the United States Government funding
anticipated for the duration of the Compact: Provided
further, That of the funds appropriated under this heading,
not to exceed $100,000 may be available for representation
and entertainment expenses, of which not to exceed $5,000 may
be available for entertainment expenses: Provided further,
That the member of the Board described in section
604(c)(3)(B)(ii) of the Millennium Challenge Act of 2003 (22
U.S.C. 7703(c)(3)(B)(ii)), whose term began on September 16,
2019, shall continue to serve in such appointment until
December 31, 2024: Provided further, That in the event that
a new member of the Board described in section 604(c)(3)(B)
of such Act is appointed prior to December 31, 2024, the term
of the member of the Board whose term began on September 16,
2019, shall terminate as of the date of such appointment.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$47,000,000, to remain available until September 30, 2025:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h
et seq.), $45,000,000, to remain available until September
30, 2025, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the appropriate congressional
committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$38,000,000, to remain available until expended: Provided,
That amounts made available under this heading may be made
available to contract for services as described in section
129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the
Treasury--Debt Restructuring'' there is appropriated
$26,000,000, to remain available until September 30, 2027,
for the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees
for, or credits extended to, such countries as the President
may determine, including the costs of selling, reducing, or
canceling amounts owed to the United States pursuant to
multilateral debt restructurings, including Paris Club debt
restructurings and the ``Common Framework for Debt Treatments
beyond the Debt Service Suspension Initiative'': Provided,
That such amounts may be used notwithstanding any other
provision of law.
tropical forest and coral reef conservation
For the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the costs of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries pursuant to part V of the
Foreign Assistance Act of 1961, $15,000,000, to remain
available until September 30, 2027.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,400,000,000, to remain
available until September 30, 2025, of which $115,000,000 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, That the Department of State may use the authority
of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from
an agency of the United States Government for the purpose of
providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial
authorities, utilizing regional partners: Provided further,
That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds made available under this heading for
Program Development and Support may be made available
notwithstanding pre-obligation requirements contained in this
Act, except for the notification requirements of section
7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$870,000,000, to remain available until September 30, 2025,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763),
or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further,
That such funds may also be used for such countries other
than the Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$410,458,000, of which $291,425,000 may remain available
until September 30, 2025: Provided, That funds appropriated
under this heading may be used, notwithstanding section 660
of the Foreign Assistance Act of 1961, to provide assistance
to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping
operations: Provided further, That of the funds appropriated
under this heading, not less than $34,000,000 shall be made
available for a United States contribution to the
Multinational Force and Observers mission in the Sinai:
Provided further, That funds appropriated under this heading
may be made available to pay assessed expenses of
international peacekeeping activities in Somalia under the
same terms and conditions, as applicable, as funds
appropriated by this Act under the heading ``Contributions
for International Peacekeeping Activities'': Provided
further, That funds appropriated under this heading shall be
subject to the regular notification procedures of the
Committees on Appropriations.
[[Page H1448]]
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$119,152,000, to remain available until September 30, 2025:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds
appropriated under this heading, $3,000,000 shall remain
available until expended to increase the participation of
women in programs and activities funded under this heading,
following consultation with the Committees on Appropriations:
Provided further, That of the funds appropriated under this
heading, not to exceed $50,000 may be available for
entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $6,133,397,000, of which
$275,000,000 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, That to expedite the provision of assistance
to foreign countries and international organizations, the
Secretary of State, following consultation with the
Committees on Appropriations and subject to the regular
notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles
and services to enhance the capacity of foreign security
forces: Provided further, That funds appropriated or
otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds
made available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That a country that is a member of the
North Atlantic Treaty Organization (NATO) or is a major non-
NATO ally designated by section 517(b) of the Foreign
Assistance Act of 1961 may utilize funds made available under
this heading for procurement of defense articles, defense
services, or design and construction services that are not
sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under
this heading shall be expended at the minimum rate necessary
to make timely payment for defense articles and services:
Provided further, That not more than $72,000,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State may use funds made available under this
heading pursuant to the previous proviso for the
administrative and other operational costs of the Department
of State related to military assistance and sales, assistance
under section 551 of the Foreign Assistance Act of 1961, and
Department of Defense security assistance programs, in
addition to funds otherwise available for such purposes:
Provided further, That up to $2,000,000 of the funds made
available pursuant to the previous proviso may be used for
direct hire personnel, except that this limitation may be
exceeded by the Secretary of State following consultation
with the Committees on Appropriations: Provided further,
That of the funds made available under this heading for
general costs of administering military assistance and sales,
not to exceed $4,000 may be available for entertainment
expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more
than $1,541,392,546 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act (22 U.S.C.
2761(e)(1)(A)) may be obligated for expenses incurred by the
Department of Defense during fiscal year 2024 pursuant to
section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961,
$436,920,000: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund: Provided further, That
not later than 60 days after the date of enactment of this
Act, such funds shall be made available for core
contributions for each entity listed in the table under this
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
unless otherwise provided for in this Act, or if the
Secretary of State has justified to the Committees on
Appropriations the proposed uses of funds other than for core
contributions following prior consultation with, and subject
to the regular notification procedures of, such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $150,200,000, to
remain available until expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund,
$125,000,000, to remain available until expended: Provided,
That up to $125,000,000 of such amount shall be available to
cover costs, as defined in section 502 of the Congressional
Budget Act of 1974, of direct loans issued to the Clean
Technology Fund: Provided further, That such funds are
available to subsidize gross obligations for the principal
amount of direct loans without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury for the
United States share of the paid-in portion of the increases
in capital stock, $206,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,380,256,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$87,220,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increases in capital stock,
$54,648,752, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of increases in
capital stock in an amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $197,000,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $43,000,000, to
remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security
Program by the Secretary of the Treasury, $10,000,000, to
remain available until expended.
treasury international assistance programs
For contributions by the Secretary of the Treasury to
international financial institutions and trust funds
administered by such institutions, in addition to amounts
otherwise available for such purposes, $50,000,000, to remain
available until expended: Provided, That of the amount made
available under this heading, up to $50,000,000 may be
available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of loan guarantees to the
International Bank for Reconstruction and Development and the
Asian Development Bank: Provided further, That funds made
available under this heading may be transferred to, and
merged with, funds
[[Page H1449]]
provided under the heading ``Contribution to the
International Development Association'' in this title and
under the headings ``Department of the Treasury,
International Affairs Technical Assistance'' and ``Department
of the Treasury, Debt Restructuring'' in title III of this
Act: Provided further, That such transfer authority is in
addition to any transfer authority otherwise available in
this Act and under any other provision of law: Provided
further, That funds made available under this heading,
including funds transferred pursuant to the second proviso,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
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.), $8,860,000, of which up to
$1,329,000 may remain available until September 30, 2025.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance 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 program for the current
fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export
of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the
date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$125,000,000, of which up to $18,750,000 may remain available
until September 30, 2025: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) of such section shall
remain in effect until September 30, 2024: Provided further,
That the Bank shall charge fees for necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in
connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets
acquired by the Bank in satisfaction of moneys owed the Bank,
or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of
any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided
further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this
account for such purposes, to remain available until
expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, not to exceed
$15,000,000, to remain available until September 30, 2027:
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 funds shall remain available until September 30, 2039,
for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2024
through 2027.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79-173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund
estimated at $0.
United States International Development Finance Corporation
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.), $7,200,000, to remain available
until September 30, 2025.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures 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 for the current
fiscal year for the Corporation: Provided, That for
necessary expenses of the activities described in subsections
(b), (c), (e), (f), and (g) of section 1421 of the BUILD Act
of 2018 (division F of Public Law 115-254) and for
administrative expenses to carry out authorized activities
described in section 1434(d) of such Act, $983,250,000:
Provided further, That of the amount provided--
(1) $243,000,000 shall remain available until September 30,
2026, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000); and
(2) $740,250,000 shall remain available until September 30,
2026, for the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018,
except such amounts obligated in a fiscal year for activities
described in section 1421(c) of such Act shall remain
available for disbursement for the term of the underlying
project: Provided further, That amounts made available under
this paragraph may be paid to the ``United States
International Development Finance Corporation--Program
Account'' for programs authorized by subsections (b), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant
to section 1421(g) of the BUILD Act of 2018 subject to prior
consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
for support by the Corporation in upper-middle income
countries shall be subject to prior consultation with the
Committees on Appropriations: Provided further, That in
fiscal year 2024 collections of amounts described in section
1434(h) of the BUILD Act of 2018 shall be credited as
offsetting collections to this appropriation: Provided
further, That such collections collected in fiscal year 2024
in excess of $983,250,000 shall be credited to this account
and shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided
further, That in fiscal year 2024, if such collections are
less than $983,250,000, receipts collected pursuant to the
BUILD Act of 2018 and the Federal Credit Reform Act of 1990,
in an amount equal to such shortfall, shall be credited as
offsetting collections to this appropriation: Provided
further, That fees charged for project-specific transaction
costs as described in section 1434(k) of the BUILD Act of
2018, and other direct costs associated with origination or
monitoring services provided to specific or potential
investors, shall not be considered administrative expenses
for the purposes of this heading: Provided further, That
such fees shall be credited to this account for such
purposes, to remain available until expended: Provided
further, That funds appropriated or otherwise made available
under this heading may not be used to provide any type of
assistance that is otherwise prohibited by any other
provision of law or to provide assistance to any foreign
country that is otherwise prohibited by any other provision
of law: Provided further, That the sums herein appropriated
from the General Fund shall be reduced on a dollar-for-dollar
basis by the offsetting collections described under this
heading so as to result in a final fiscal year appropriation
from the General Fund estimated at $556,450,000.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2026: Provided, That
amounts paid to this account from CCA or transferred to this
account pursuant to section 1434(j) of the BUILD Act of 2018
(division F of Public Law 115-254) shall be available for the
costs of direct and guaranteed loans provided by the
Corporation pursuant to section 1421(b) of such Act and the
costs of modifying loans and loan guarantees transferred to
the Corporation pursuant to section 1463 of such Act:
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
such amounts obligated in a fiscal year shall remain
available for disbursement for the following 8 fiscal years:
Provided further, That funds made available in this Act and
transferred to carry out the Foreign Assistance Act of 1961
pursuant to section 1434(j) of the BUILD Act of 2018 may
remain available for obligation for 1 additional fiscal year:
Provided further, That the total loan principal or
guaranteed principal amount shall not exceed $12,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$87,000,000, to remain available until September 30, 2025, of
which no more than $24,500,000 may be used for administrative
expenses: Provided, That of the
[[Page H1450]]
funds appropriated under this heading, not more than $5,000
may be available for representation and entertainment
expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2024 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of 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.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act), as amended by section 111 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323),
a project to construct a facility of the United States may
include office space or other accommodations for members of
the United States Marine Corps.
(b) Consultation and Notifications.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2024,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under this section
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That the Secretary of State shall consult
with the Committees on Appropriations at the early project
development stage for out-year construction projects,
including to discuss security and non-security construction
requirements, modifications to scope, and cost reductions
identified for such projects, consistent with applicable laws
and regulations: Provided further, That the Secretary shall
submit a quarterly report to the Committees on Appropriations
on contingency savings identified from funds appropriated
under the heading ``Embassy Security, Construction, and
Maintenance'' by prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, and the obligation of funds made available by such
savings shall be subject to prior consultation with the
Committees on Appropriations.
(c) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical
security upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance''
may be made available for security upgrades to soft targets,
including schools, recreational facilities, residences, and
places of worship used by United States diplomatic personnel
and their dependents.
(e) Report.--Of the funds appropriated by this Act under
the heading ``Diplomatic Programs'', $100,000,000 may not be
obligated until the Secretary of State promulgates new
guidance and requirements consistent with section 9301 of the
Secure Embassy Construction and Counterterrorism Act of 2022
(title XCIII of division I of Public Law 117-263) and submits
to the appropriate congressional committees a report
detailing such guidance and requirements, including the
impact of implementation on United States diplomatic
facilities and construction projects.
(f) Facilities.--
(1) None of the funds made available by this Act may be
used to move the United States embassy in Israel to a
location other than Jerusalem.
(2) Section 305 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1989 (Public Law 100-459) is repealed.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I 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 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made
available to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated
or otherwise made available pursuant to titles III through VI
of this Act shall be obligated or expended to finance
directly any assistance to the government of any country
whose duly elected head of government is deposed by military
coup d'etat or decree or, after the date of enactment of this
Act, a coup d'etat or decree in which the military plays a
decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and
reports to the appropriate congressional committees that
subsequent to the termination of assistance a democratically
elected government has taken office: Provided further, That
the provisions of this section shall not apply to assistance
to promote democratic elections or public participation in
democratic processes, or to support a democratic transition:
Provided further, That funds made available pursuant to the
previous provisos shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(b) Waiver.--The Secretary of State, following consultation
with the heads of relevant Federal agencies, may waive the
restriction in this section on a program-by-program basis if
the Secretary certifies and reports to the Committees on
Appropriations that such waiver is in the national security
interest of the United States: Provided, That funds made
available pursuant to such waiver shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the Diplomatic and
Consular Service'' in this Act may be transferred to, and
merged with, funds appropriated under such headings if the
Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to
security
[[Page H1451]]
situations and requirements, following consultation with, and
subject to the regular notification procedures of, such
Committees.
(C) Emergencies in the diplomatic and consular service.--Of
the amount made available under the heading ``Diplomatic
Programs'' for Worldwide Security Protection, not to exceed
$50,000,000 may be transferred to, and merged with, funds
made available by this Act under the heading ``Emergencies in
the Diplomatic and Consular Service'', to be available only
for emergency evacuations and rewards, as authorized.
(D) Capital investment fund.--Of the amount made available
under the heading, ``Diplomatic Programs'', up to $50,000,000
may be transferred to, and merged with, funds made available
in title I of this Act under the heading ``Capital Investment
Fund''.
(E) Prior consultation.--The transfer authorities provided
by subparagraphs (B), (C), and (D) are in addition to any
transfer authority otherwise available in this Act and under
any other provision of law and the exercise of such authority
shall be subject to prior consultation with the Committees on
Appropriations.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media
under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V 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.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961
may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109,
610, and 632 of the Foreign Assistance Act of 1961, and
section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(c) United States International Development Finance
Corporation.--
(1) Transfers.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law
115-254) may only be transferred from funds made available
under title III of this Act: Provided, That any such
transfers, or any other amounts transferred to the United
States International Development Finance Corporation (the
Corporation) pursuant to any provision of law, shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the
Corporation, as appropriate, shall ensure that the programs
funded by such transfers are coordinated with, and
complement, foreign assistance programs implemented by the
Department of State and USAID.
(2) Transfer of funds from millennium challenge
corporation.--Funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be transferred
to accounts under the heading ``United States International
Development Finance Corporation'' and, when so transferred,
may be used for the costs of activities described in
subsections (b) and (c) of section 1421 of the BUILD Act of
2018: Provided, That such funds shall be subject to the
limitations provided in the second, third, and fifth provisos
under the heading ``United States International Development
Finance Corporation--Program Account'' in this Act: Provided
further, That any transfer executed pursuant to the transfer
authority provided in this paragraph shall not exceed 10
percent of an individual Compact awarded pursuant to section
609(a) of the Millennium Challenge Act of 2003 (title VI of
Public Law 108-199): Provided further, That such funds shall
not be available for administrative expenses of the United
States International Development Finance Corporation:
Provided further, That such authority shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That within 60 days of the
termination in whole or in part of the Compact from which
funds were transferred under this authority to the United
States International Development Finance Corporation, any
unobligated balances shall be transferred back to the
Millennium Challenge Corporation, subject to the regular
notification procedures of the Committees on Appropriations.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961, or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit websites: Provided, That nothing
in this subsection shall limit the use of funds necessary for
any Federal, State, Tribal, or local law enforcement agency,
or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act shall be available to promote the
sale or export of tobacco or tobacco products (including
electronic nicotine delivery systems), or to seek the
reduction or removal by any foreign country of restrictions
on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for
restrictions which are not applied equally to all tobacco or
tobacco products (including electronic nicotine delivery
systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the
funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II that are made available to the Department
of State and the United States Agency for International
Development may be made available to support the use or
establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program in contravention of the Presidential and Federal
Records Act Amendments of 2014 (Public Law 113-187).
(e) Representation and Entertainment Expenses.--Each
Federal department, agency, or entity funded in titles I or
II of this Act, and the Department of the Treasury and
independent agencies funded in titles III or VI of this Act,
shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official
agency business and United States foreign policy interests,
and--
(1) are primarily for fostering relations outside of the
Executive Branch;
[[Page H1452]]
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the
funds appropriated or otherwise made available by this Act
under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' may be obligated or expended to
pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United
States International Development Finance Corporation'' and
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further,
That notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide a report to the Committees on
Appropriations not later than October 31, 2024, detailing by
account and source year, the use of this authority during the
previous fiscal year: Provided further, That an obligation
in excess of $2,000,000 from deobligated balances of funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that remain available due to the exercise of the
authority of this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultation with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States
Agency for International Development shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2024 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2025 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30,
2025, such taxes have not been reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the
taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges
and immunities applicable to United States foreign assistance
for such country generally, or an individual agreement
between the Government of the United States and such
government that describes, among other things, the treatment
for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I, II, and VI, and under the headings ``Peace
Corps'' and ``Millennium Challenge Corporation'', of this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain
available for obligation in fiscal year 2024, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or
other offsetting collections, or made available by transfer,
to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees
[[Page H1453]]
are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I, II, and VI of this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under such titles that remain available
for obligation 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 department and agency
funded under title I of this Act, shall be available for
obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) 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 Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Peace Corps'', ``Millennium Challenge
Corporation'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'',
``International Military Education and Training'', ``Foreign
Military Financing Program'', ``International Organizations
and Programs'', ``United States International Development
Finance Corporation'', and ``Trade and Development Agency''
shall be available for obligation for programs, projects,
activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter
into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for a program, project,
or activity for which funds are appropriated under titles III
through VI of this Act of less than 10 percent of the amount
previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year:
Provided further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the
use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees
that includes a description of, and the estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign
countries and international organizations shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same
conditions as other committees pursuant to subsection (f) of
that section: Provided, That before issuing a letter of
offer to sell excess defense articles under the Arms Export
Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued
(in terms of original acquisition cost) at $7,000,000 or
more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that
would receive such excess defense articles: Provided
further, That such Committees shall also be informed of the
original acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking
the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon,
Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian
Federation, Rwanda, Somalia, South Sudan, Sudan, Syria,
Tunisia, Ukraine, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making
funds available for the Department of State, foreign
operations, and related programs that are made available for
a trust fund held by an international financial institution
shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall
include the information specified under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(h) Other Program Notification Requirements.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that
are made available for lateral entry into the Foreign Service
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of
the Committees on Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted pursuant to
the authority of section 7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and the Multi-
Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the Countering
Russian Influence Fund;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the Partnership for
Global Infrastructure and Investment.
(3) Democracy program policy and procedures.--Modifications
to democracy program policy and procedures, including
relating to the use of consortia, by the Department of State
and USAID shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export
Control Act (22 U.S.C. 2776), and such documents submitted
pursuant to section 36(b) through (d) of such Act with
respect to countries that have received assistance provided
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall be concurrently
submitted to the Committees on Appropriations and shall
include information about the source of funds for any sale or
transfer, as applicable, if known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Requirement to Inform.--The Secretary of State and
USAID Administrator, as applicable, shall promptly inform the
appropriate congressional committees of each instance in
which funds appropriated by this Act for assistance have been
diverted or destroyed, to include the type and amount of
assistance, a description of the incident and parties
involved, and an explanation of the response of the
Department of State or USAID, as appropriate.
(k) Prior Consultation Requirement.--The Secretary of
State, the Administrator of the United States Agency for
International Development, the Chief Executive Officer of
[[Page H1454]]
the United States International Development Finance
Corporation, and the Chief Executive Officer of the
Millennium Challenge Corporation shall consult with the
Committees on Appropriations at least 7 days prior to
informing a government of, or publicly announcing a decision
on, the suspension or early termination of assistance to a
country or a territory, including as a result of an
interagency review of such assistance, from funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs: Provided, That such consultation shall include a
detailed justification for such suspension, including a
description of the assistance being suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to
provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of
State and the United States Agency for International
Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any
report required by this Act to be submitted to Congress by
any Federal agency receiving funds made available by this Act
shall be posted on the public website of such agency not
later than 45 days following the receipt of such report by
Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the head of such agency determines and reports to the
Committees on Appropriations in the transmittal letter
accompanying such report that--
(i) the public posting of the report would compromise
national security, including the conduct of diplomacy; or
(ii) the report contains proprietary or other privileged
information; or
(B) the public posting of the report is specifically
exempted in House Report 118-146, Senate Report 118-71, or
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(4) The head of the agency posting such report shall do so
in a central location on the public website of such agency.
(c) Records Management and Related Cybersecurity
Protections.--The Secretary of State and USAID Administrator
shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received
in the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal
records management pursuant to the Federal Records Act (44
U.S.C. Chapters 21, 29, 31, and 33) and other applicable
Federal records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong
to the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving
Federal records, including requests made pursuant to section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available in the amounts specifically
designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and
international organizations shall serve as the amounts for
such countries and international organizations transmitted to
Congress in the report required by section 653(a) of the
Foreign Assistance Act of 1961, and shall be made available
for such foreign countries and international organizations
notwithstanding the date of the transmission of such report.
(b) Authorized Deviations.--Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of
the United States Agency for International Development, as
applicable, may only deviate up to 10 percent from the
amounts specifically designated in the respective tables
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided, That such percentage may be exceeded only if
the Secretary of State or USAID Administrator, as applicable,
determines and reports in writing to the Committees on
Appropriations on a case-by-case basis that such deviation is
necessary to respond to significant, exigent, or unforeseen
events, or to address other exceptional circumstances
directly related to the national security interest of the
United States, including a description of such events or
circumstances: Provided further, That deviations pursuant to
the preceding proviso shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, deviations authorized by subsection (b) may only take
place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) funds for which the initial period of availability has
expired; and
(B) amounts designated by this Act as minimum funding
requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) shall not
apply to the table included under the heading ``Global Health
Programs'' in such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support
Fund'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), the matter preceding the first proviso in
subsection (b) of this section shall be applied by
substituting ``5 percent'' for ``10 percent'', and the
provisos in such subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit
the reports required, in the manner described, in House
Report 118-146, Senate Report 118-71, and the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), unless otherwise
directed in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act under
the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall not be included
for purposes of meeting amounts designated for countries in
this Act, unless such headings are specifically designated as
the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise
made available by this Act may be used to make any pledge for
future year funding for any multilateral or bilateral program
funded in titles III through VI of this Act unless such
pledge was: (1) previously justified, including the projected
future year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress; (3) notified
in accordance with the regular notification procedures of the
Committees on Appropriations, including the projected future
year costs; or (4) the subject of prior consultation with the
Committees on Appropriations and such consultation was
conducted at least 7 days in advance of the pledge.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
[[Page H1455]]
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section
1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)): Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers the United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act, ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
``Economic Support Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', and ``Foreign Military Financing
Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central
program level funding within each such account, and for the
development assistance accounts of the United States Agency
for International Development, ``program, project, and
activity'' shall also be considered to include central,
country, regional, and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign
Assistance Act of 1961 or as modified pursuant to section
7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days
of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
United States International Development Finance Corporation
shall be obligated or expended to finance any loan, any
assistance, or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply
to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution, using funds appropriated or
otherwise made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is
in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any
[[Page H1456]]
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this
assistance, including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2024, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.): Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant
to this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
promotion of united states economic interests
Sec. 7028. (a) Diplomatic Engagement.--Consistent with
section 704 of the Championing American Business Through
Diplomacy Act of 2019 (title VII of division J of Public Law
116-94), the Secretary of State, in consultation with the
Secretary of Commerce, should prioritize the allocation of
funds appropriated by this Act under the heading ``Diplomatic
Programs'' for support of Chief of Mission diplomatic
engagement to foster commercial relations and safeguard
United States economic and business interests in the country
in which each Chief of Mission serves, including activities
and initiatives to create and maintain an enabling
environment, promote and protect such interests, and resolve
commercial disputes: Provided, That each Mission Resource
Request and Bureau Resource Request shall include amounts
required to prioritize the activities described in this
subsection.
(b) Training.--In carrying out section 705 of title VII of
division J of Public Law 116-94, the Secretary of State shall
annually assess training needs across the economic and
commercial diplomacy issue areas and ensure, after a review
of course offerings, course attendance records, and course
evaluation results, that current offerings meet training
needs.
(c) Assistance.--The Secretary of State should direct each
Chief of Mission to consider how best to advance and support
commercial relations and the safeguarding of United States
business interests in the development and execution of the
applicable Integrated Country Strategy and the Mission
Resource Request for each country receiving bilateral
assistance from funds appropriated by this Act.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to encourage such institution to adopt and
implement a publicly available policy, including the
strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants,
programs, and significant analytical non-lending activities
in advancing the institution's goals of reducing poverty and
promoting equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International
Bank for Reconstruction and Development and the International
Development Association to use the voice and vote of the
United States to oppose any loan, grant, policy, or strategy
if such institution has adopted and is implementing any
social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial
institution to use the voice and vote of the United States to
oppose loans or other financing for projects unless such
projects--
(A) provide for accountability and transparency, including
the collection, verification, and publication of beneficial
ownership information related to extractive industries and
on-site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior and informed consent of affected Indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement or other violations of human rights; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to promote human rights due diligence
and risk management, as appropriate, in connection with any
loan, grant, policy, or strategy of such institution in
accordance with the requirements specified under this section
in Senate Report 118-71.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to include in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage such institution to
collect, verify, and publish, to the maximum extent
practicable, beneficial ownership information (excluding
proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that
receives funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage such institution to
effectively implement and enforce policies and procedures
which meet or exceed best practices in the United States for
the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
[[Page H1457]]
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice of the United States to support independent
investigative and adjudicative mechanisms and procedures that
meet or exceed best practices in the United States to provide
due process and fair compensation, including the right to
reinstatement, for employees who are subjected to harassment,
discrimination, retaliation, false allegations, or other
misconduct.
(i) Capital Increases.--None of the funds appropriated by
this Act may be made available to support a new capital
increase for an international financial institution unless
the President submits a budget request for such increase to
Congress and the Secretary of the Treasury determines and
reports to the Committees on Appropriations that--
(1) the institution has completed a thorough analysis of
the development challenges facing the relevant geographical
region, the role of the institution in addressing such
challenges and its role relative to other financing partners,
and the steps to be taken to enhance the efficiency and
effectiveness of the institution; and
(2) the governors of such institution have approved the
capital increase.
(j) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committees on Appropriations detailing
any funding provided in the prior calendar year by a
financial intermediary fund overseen by the Department of the
Treasury to the People's Republic of China or any country or
region subject to comprehensive sanctions by the United
States.
economic resilience initiative
Sec. 7030. (a) Assistance.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' shall be made
available for the Economic Resilience Initiative to enhance
the economic security and stability of the United States and
partner countries, including through efforts to counter
economic coercion: Provided, That such funds are in addition
to funds otherwise made available for such purposes by this
Act, including funds made available under the heading
``Treasury International Assistance Programs'': Provided
further, That funds made available by this subsection may
only be made available following consultation with, and the
regular notification procedures of, the Committees on
Appropriations, and shall include--
(1) not less than $55,000,000 for strategic infrastructure
investments, which shall be administered by the Secretary of
State in consultation with the heads of other relevant
Federal agencies: Provided, That such funds may be
transferred to, and merged with, funds appropriated by this
Act to the Export-Import Bank of the United States under the
heading ``Program Account'', to the United States
International Development Finance Corporation under the
heading ``Corporate Capital Account'', and under the heading
``Trade and Development Agency'': Provided further, That
such transfer authority is in addition to any other transfer
authority provided by this Act or any other Act, and is
subject to the regular notification procedures of the
Committees on Appropriations;
(2) not less than $50,000,000 to enhance critical mineral
supply chain security;
(3) not less than $60,000,000 for economic resilience
programs administered by the Administrator of the United
States Agency for International Development, consistent with
the strategy required in subsection (d); and
(4) not less than $50,000,000 for the Cyberspace, Digital
Connectivity, and Related Technologies Fund in accordance
with Chapter 10 of Part II of the Foreign Assistance Act of
1961: Provided, That the authority of section 592(f) of such
Act may apply to amounts made available for such Fund under
the heading ``Economic Support Fund'' and such funds may be
made available for the Digital Connectivity and Cybersecurity
Partnership program consistent with section 6306 of the
Department of State Authorization Act of 2023 (division F of
Public Law 118-31): Provided further, That funds made
available pursuant to this paragraph are in addition to funds
otherwise made available for such purposes and shall be
coordinated with the USAID Administrator, including for
relevant USAID programming.
(b) Loan Guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, including funds made
available pursuant to this section, may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Small Island Developing States, and Ukraine, which are
authorized to be provided and which shall be administered by
the United States Agency for International Development unless
otherwise provided for by this Act or any other provision of
law: Provided, That amounts made available under this
subsection for the costs of such guarantees shall not be
considered assistance for the purposes of provisions of law
limiting assistance to a country: Provided further, That
funds made available pursuant to the authorities of this
subsection shall be subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(c) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Within 45 days of enactment of this Act, the Secretary
of State shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America International Technology Security and Innovation
Fund for fiscal year 2024 pursuant to the transfer authority
in section 102(c)(1) of the CHIPS Act of 2022 (division A of
Public Law 117-167), to the accounts specified and in the
amounts specified, in the table titled ``CHIPS for America
International Technology Security and Innovation Fund'' in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(2) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(c)(2) of the CHIPS Act of 2022 if there is in
effect an Act making or continuing appropriations for part of
a fiscal year for the Department of State, Foreign
Operations, and Related Programs: 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
using funds transferred from the CHIPS for America
International Technology Security and Innovation Fund, which
may be allocated pursuant to the transfer authority in
section 102(c)(1) of the CHIPS Act of 2022 only in amounts
that are no more than the allocation for such purposes in
paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of State shall
submit to the Committees on Appropriations proposed
allocations by account and by program, project, or activity,
with detailed justifications, for amounts made available
under section 102(c)(2) of the CHIPS Act of 2022 for fiscal
year 2025.
(4) The Secretary of State shall provide the Committees on
Appropriations quarterly reports on the status of balances of
projects and activities funded by the CHIPS for America
International Technology Security and Innovation Fund for
amounts allocated pursuant to paragraph (1) of this
subsection, including all uncommitted, committed, and
unobligated funds.
(5) Amounts transferred to the Export-Import Bank and the
United States International Development Finance Corporation
pursuant to the transfer authority in section 102(c)(1) of
the CHIPS Act of 2022 (division A of Public Law 117-167) may
be made available for the costs of direct loans and loan
guarantees, including the cost of modifying such loans, as
defined in section 502 of the Congressional Budget Act of
1974.
(d) Strategy.--Not later than 90 days after the date of
enactment of this Act and following consultation with the
Committees on Appropriations, the Secretary of State,
Secretary of the Treasury, and USAID Administrator, in
consultation with the heads of other relevant Federal
agencies, shall jointly submit a strategy to the Committees
on Appropriations detailing the planned uses of funds
provided by this Act, prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, and other Acts, consistent with the purposes of
this section, including through cooperation with the private
sector.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A) the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) are fully met; and
(B) the government of the recipient country is taking steps
to reduce corruption.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made
available for direct government-to-government assistance
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such notification shall contain an
explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support,
and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on
[[Page H1458]]
Appropriations that it is in the national interest of the
United States to continue such assistance, including a
justification, or that such misuse has been appropriately
addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2025 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution or to the
Government of the People's Republic of China.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after the date of enactment of this
Act, shall make or update any determination of ``significant
progress'' or ``no significant progress'' in meeting the
minimum requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That such report shall include the
elements included under this section in House Report 118-146.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved, directly or indirectly, in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of
human rights, including the wrongful detention of locally
employed staff of a United States diplomatic mission or a
United States citizen or national, shall be ineligible for
entry into the United States.
(B) Concurrent with the application of subparagraph (A),
the Secretary shall, as appropriate, refer the matter to the
Office of Foreign Assets Control, Department of the Treasury,
to determine whether to apply sanctions authorities in
accordance with United States law to block the transfer of
property and interests in property, and all financial
transactions, in the United States involving any person
described in such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign governments
and their immediate family members about whom the Secretary
has such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if
such entry would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph
(1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 30 days after the date of
enactment of this Act, and every 90 days thereafter until
September 30, 2025, the Secretary of State shall submit a
report, including a classified annex if necessary, to the
appropriate congressional committees and the Committees on
the Judiciary describing the information related to
corruption or violation of human rights concerning each of
the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who
the Secretary designated or identified pursuant to paragraph
(1)(B), or who would be ineligible but for the application of
paragraph (2), a list of any waivers provided under paragraph
(3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and the amendments made
by such section, and to prevent the sale of conflict
minerals, and for technical assistance to promote independent
audit mechanisms and support civil society participation in
natural resource management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct the
executive director of each international financial
institution to use the voice and vote of the United States to
oppose any assistance by such institutions (including any
loan, credit, grant, or guarantee) to any country for the
extraction and export of a natural resource if the government
of such country has in place laws, regulations, or procedures
to prevent or limit the public disclosure of company payments
as required by United States law, and unless such government
has adopted laws, regulations, or procedures in the sector in
which assistance is being considered that: (1) accurately
account for and publicly disclose payments to the government
by companies involved in the extraction and export of natural
resources; (2) include independent auditing of accounts
receiving such payments and the public disclosure of such
audits; and (3) require public disclosure of agreement and
bidding documents, as appropriate.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this
Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the ``ForeignAssistance.gov'' website: Provided, That all
Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request and in a
timely manner, to the Department of State and the United
States Agency for International Development.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', $2,900,000,000 should be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant
to paragraph (1), not less than $117,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and
Labor, Department of State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and
with regard to the National Endowment for Democracy (NED),
any regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law
98-164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to subsection (a) to strengthen ministries and agencies
should be prioritized in countries that demonstrate a strong
commitment to the separation of powers, checks and balances,
the rule of law, and credible electoral processes.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific
nature of the assistance, and the participants in such
programs shall not be subject to prior approval by the
government of any foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State, in
[[Page H1459]]
consultation with the Administrator of the United States
Agency for International Development, determines that the
government of the country is undemocratic or has engaged in
or condoned harassment, threats, or attacks against
organizations implementing democracy programs, any new
bilateral agreement governing the terms and conditions under
which assistance is provided to such country shall not
require the disclosure of the names of implementing partners
of democracy programs, and the Secretary of State and the
USAID Administrator shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform to this requirement.
(f) Continuation of Current Practices.--USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the
unique benefits of grants and cooperative agreements in
implementing such programs.
(g) Protection of Civil Society Activists and
Journalists.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund''
shall be made available to support and protect civil society
activists and journalists who have been threatened, harassed,
or attacked, including journalists affiliated with the United
States Agency for Global Media.
(h) International Freedom of Expression and Independent
Media.--Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs to protect international freedom of expression and
independent media, including through multilateral
initiatives.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--
Funds appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'', ``Democracy Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted ethnic and religious
minorities: Provided, That funds made available by this Act
under the headings ``Economic Support Fund'' and ``Democracy
Fund'' pursuant to this section shall be the responsibility
of the Ambassador-at-Large for International Religious
Freedom, in consultation with other relevant United States
Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Economic Support Fund'' may be made available
notwithstanding any other provision of law for assistance for
ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31) shall continue in effect during fiscal year 2024.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in title III of this
Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in
persons and assist victims of such trafficking may be made
available notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for forensic anthropology assistance related
to the exhumation and identification of victims of war
crimes, crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for
assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for DNA
forensic technology programs to combat human trafficking in
Central America and Mexico.
(c) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for
International Development, from this or any other Act that
remain available for obligation may be made available as a
general contribution to the World Food Programme.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available
as contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of
the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, including partnerships with
philanthropic foundations, up to $50,000,000 may remain
available until September 30, 2026: Provided, That funds
made available pursuant to this paragraph may only be made
available following prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(4) Additional authority.--Of the amounts made available by
this Act under the heading ``Diplomatic Programs'', up to
$500,000 may be made available for grants pursuant to section
504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d), including to facilitate collaboration
with Indigenous communities.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions
of section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6), except that each individual
award may not exceed $500,000.
(6) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and
made available for the Development Innovation Ventures
program may be made available for the purposes of chapter I
of part I of the Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such
purpose shall only be made available after consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and
the estimated economic impact on, the United States:
Provided further, That such consultation shall take place not
later than 30 days prior to the publication in the Federal
Register of any regulatory action modifying the Exchange
Visitor Program.
(8) Payments.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Diplomatic Programs'' and ``Operating Expenses'', except
for funds 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,
are 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 funds made available pursuant
to this paragraph shall be subject to prior consultation with
the Committees on Appropriations.
(9) Afghan allies.--Subsection (b) of section 602 of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended as follows--
(A) in paragraph (3)(F)--
(i) in the heading, by striking ``2023'' and inserting
``2024'';
(ii) in the matter preceding clause (i), in the first
sentence, by striking ``38,500'' and inserting ``50,500'';
and
(iii) in clause (ii), by striking ``December 31, 2024'' and
inserting ``December 31, 2025''; and
(B) in paragraph (13), in the matter preceding subparagraph
(A), by striking ``January 31, 2024'' and inserting ``January
31, 2026''.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a
significant change to the scope of an existing partner
vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the
Committees on Appropriations: Provided, That the Secretary
and the Administrator shall provide a direct vetting option
for prime awardees in any partner vetting program initiated
or significantly modified after the date of enactment of this
Act, unless the Secretary or Administrator, as applicable,
informs the Committees on Appropriations on a case-by-case
basis that a direct vetting option is not feasible for such
program: Provided further, That the Secretary and the
Administrator may restrict the award of, terminate, or cancel
contracts, grants, or cooperative agreements or require an
awardee to restrict the award of, terminate, or cancel a sub-
award based on information in connection with a partner
vetting program.
[[Page H1460]]
(f) Contingencies.--During fiscal year 2024, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(g) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic Programs'' for
fiscal year 2024, at no 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:
Provided, That not more than $50,000,000 may be transferred.
(i) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The terms and
conditions of section 7034(k) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94) shall continue in
effect during fiscal year 2024.
(j) Impact on Jobs.--Section 7056 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260)
shall continue in effect during fiscal year 2024.
(k) Extension of Authorities.--
(1) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2024.
(2) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2023'' and
inserting ``2023, and 2024''; and
(ii) in subsection (e), by striking ``2023'' each place it
appears and inserting ``2024''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
``2023'' and inserting ``2024''.
(3) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector
General for Afghanistan Reconstruction (SIGAR) who completes
at least 12 months of continuous service after enactment of
this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive
status for appointment to any position in the competitive
service for which the employee possesses the required
qualifications.
(4) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2024.
(5) Protective services.--Section 7071 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-103)
shall continue in effect during fiscal year 2024 and shall be
applied to funds appropriated by this Act by substituting
``$40,000,000'' for ``$30,000,000''.
(6) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2028'' and inserting ``September 30, 2029'';
and
(B) in the second proviso, by striking ``September 30,
2028'' and inserting ``September 30, 2029''.
(7) Extension of certain personal services contract
authority.--The authority provided in section 2401 of
division C of the Extending Government Funding and Delivering
Emergency Assistance Act (Public Law 117-43) shall remain in
effect through September 30, 2024.
(l) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act
that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall be made available for the regular
and systematic collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of such
assistance: Provided, That not later than 90 days after the
date of enactment of this Act, the Secretary of State and
USAID Administrator shall submit to the Committees on
Appropriations, and post on their respective websites,
updated procedures for implementing partners that receive
funds under such headings for regularly and systematically
collecting and responding to such feedback, including
guidelines for the reporting on actions taken in response to
the feedback received: Provided further, That the Secretary
of State and USAID Administrator shall regularly--
(A) conduct oversight to ensure that such feedback is
regularly collected and used by implementing partners to
maximize the cost-effectiveness and utility of such
assistance; and
(B) consult with the Committees on Appropriations on the
results of such oversight.
(2) Evaluations.--Of the funds appropriated by this Act
under titles III and IV, not less than $15,000,000, to remain
available until expended, shall be made available for impact
evaluations, including ex-post evaluations, of the
effectiveness and sustainability of United States Government-
funded assistance programs: Provided, That of the funds made
available pursuant to this paragraph, $10,000,000 shall be
administered in coordination with the Office of the Chief
Economist, USAID, and may be used for administrative expenses
of such Office: Provided further, That funds made available
pursuant to this paragraph are in addition to funds otherwise
made available for such purposes.
(m) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
447) may be made available for pharmaceuticals and other
products for child survival, malaria, tuberculosis, and
emerging infectious diseases to the same extent as HIV/AIDS
pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in
section 525(b)(5) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005
(Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds
deposited for such non-HIV/AIDS pharmaceuticals and other
products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall include in the
congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements
related to such fund.
(n) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'', not less than $100,000,000 shall be made
available for Local Works pursuant to section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
which may remain available until September 30, 2028.
(2) Eligible entities.--For the purposes of section 7080 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may
be considered individually in determining such eligibility.
(o) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2024.
(p) Extension.--Section 7034(r) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2022 (division K of Public Law 117-103) shall apply during
fiscal year 2024.
(q) Staff Care Services for Afghan Nationals.--Up to
$50,000 of the funds appropriated by this Act and prior acts
making appropriations for the Department of State, foreign
operations, and related programs that are made available to
carry out section 7901 of title 5, United States Code, may be
used by USAID to provide services to individuals who have
served as locally employed staff of the USAID mission in
Afghanistan.
(r) War Crimes Accountability.--Of the funds appropriated
by this Act under the heading ``Economic Support Fund'', not
less than $5,000,000 shall be made available for the purposes
authorized by section 2015 of Public Law 107-206, as amended
by section 7073 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023
(division K of Public Law 117-328), including not less than
$2,500,000 as a contribution to the Trust Fund for Victims.
(s) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development,
[[Page H1461]]
the Asian Development Bank, the Asian Development Fund, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Pacific islands countries.--In this Act, the term
``Pacific Islands countries'' means the Cook Islands, the
Republic of Fiji, the Republic of Kiribati, the Republic of
the Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, Niue, the Republic of Palau, the
Independent State of Papua New Guinea, the Independent State
of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu,
and the Republic of Vanuatu.
(5) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(6) Successor operating unit.--Any reference to a
particular operating unit or office in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include
any successor operating unit performing the same or similar
functions.
(7) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out
the provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment
in an amount above the prior fiscal year.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of
lethal assistance funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'': Provided, That the requirement
of this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has in
place, to the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or exceeds
the standards recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such training and
equipment for combat casualty care shall be made available
through an open and competitive process.
(3) Casualty rehabilitation.--Of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' in this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, not less than $2,000,000
shall be made available for a program to provide medical and
casualty rehabilitation services, consistent with the
purposes under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(4) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of
1961, or is complying with international humanitarian law:
Provided further, That any such training shall be made
available through an open and competitive process.
(5) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' shall be made available for
assistance to eliminate inhumane conditions in foreign
prisons and other detention facilities, notwithstanding
section 660 of the Foreign Assistance Act of 1961: Provided,
That the Secretary of State and the USAID Administrator shall
consult with the Committees on Appropriations on the proposed
uses of such funds prior to obligation and not later than 60
days after the date of enactment of this Act: Provided
further, That such funds shall be in addition to funds
otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2024.
(3) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund),
to remain available for obligation until September 30, 2026:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(5) Extension of war reserves stockpile authority.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``or 2025'' and
inserting ``2025 and 2026''.
(6) Program clarification.--Notwithstanding section
503(a)(3) of Public Law 87-195 (22 U.S.C. 2311(a)(3)), the
procurement of defense articles and services funded on a non-
repayable basis under section 23 of the Arms Export Control
Act may be priced to include the costs of salaries of members
of the Armed Forces of the United States engaged in security
assistance activities pursuant to 10 U.S.C. 341 (relating to
the State Partnership Program): Provided, That this
paragraph shall only apply to funds that remain available for
obligation in fiscal year 2024.
(7) Reprogramming.--Notwithstanding any other provision of
law or regulation, equipment procured with funds appropriated
in prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Pakistan Counterinsurgency Capability Fund'' may be
used for any other program and in any region: Provided, That
any such transfer shall be subject to prior consultation with
the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets
and will not be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
[[Page H1462]]
(3) Crowd control.--If the Secretary of State has
information that a unit of a foreign security force uses
excessive force to repress peaceful expression or assembly
concerning corruption, harm to the environment or human
health, or the fairness of electoral processes, or in
countries that are undemocratic or undergoing democratic
transition, the Secretary shall promptly determine if such
information is credible: Provided, That if the information
is determined to be credible, funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
such unit, unless the Secretary of State determines that the
foreign government is taking effective measures to bring the
responsible members of such unit to justice.
(4) Oversight and accountability.--
(A) Prior to the signing of a new Letter of Offer and
Acceptance (LOA) involving funds appropriated under the
heading ``Foreign Military Financing Program'', the Secretary
of State shall consult with each recipient government to
ensure that the LOA between the United States and such
recipient government complies with the purposes of section 4
of the Arms Export Control Act (22 U.S.C. 2754) and that the
defense articles, services, and training procured with funds
appropriated under such heading are consistent with United
States national security policy.
(B) The Secretary of State shall promptly inform the
appropriate congressional committees of any instance in which
the Secretary of State has credible information that such
assistance was used in a manner contrary to such agreement.
(d) Other Matters.--
(1) Security assistance report.--Not later than 120 days
after the date of enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations a
report on funds obligated and expended during fiscal year
2023, by country and purpose of assistance, under the
headings ``Peacekeeping Operations'', ``International
Military Education and Training'', and ``Foreign Military
Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training provided
to foreign military personnel by the Department of Defense
and the Department of State'' shall be deemed to include all
military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department
of State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-NATO ally: Provided, That such
third-country training shall be clearly identified in the
report submitted pursuant to section 656 of such Act.
(3) Leahy law.--For purposes of implementing section 620M
of the Foreign Assistance Act of 1961, the term ``credible
information'' means information that, considering the source
of such information and the surrounding circumstances,
supports a reasonable belief that a violation has occurred,
and shall not be determined solely on the basis of the number
of sources; whether the source has been critical of a policy
of the United States Government or its security partners;
whether the source has a personal connection to the
information being reported; or whether the United States
Government is able to independently verify the information.
countering the flow of fentanyl and other synthetic drugs
Sec. 7036. (a) Assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $125,000,000 shall be made available for programs
to counter the flow of fentanyl, fentanyl precursors, and
other synthetic drugs into the United States: Provided, That
such funds shall be in addition to funds otherwise made
available for such purposes.
(b) Uses of Funds.--Funds made available pursuant to
subsection (a) shall be made available to support--
(1) efforts to stop the flow of fentanyl, fentanyl
precursors, and other synthetic drugs and their precursor
materials to the United States from and through the People's
Republic of China (PRC), Mexico, and other countries;
(2) law enforcement cooperation and capacity building
efforts aimed at disrupting and dismantling transnational
criminal organizations involved in the production and
trafficking of fentanyl, fentanyl precursors, and other
synthetic drugs;
(3) implementation of the Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act (part
7 of subtitle C of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, Public Law 117-263);
and
(4) engagement, including through multilateral
organizations and frameworks, to catalyze collective action
to address the public health and security threats posed by
fentanyl, fentanyl precursors, and other synthetic drugs,
including through the Global Coalition to Address Synthetic
Drug Threats.
(c) Counter Fentanyl Coordination.--The Secretary of State
shall designate an existing senior official of the Department
of State at the rank of Deputy Assistant Secretary or above
to coordinate counter fentanyl efforts, whose
responsibilities shall include--
(1) ensuring that funds made available pursuant to
subsection (a) are implemented in a targeted and effective
manner, including by providing policy guidance and
coordination; and
(2) coordinating diplomatic engagement and other activities
with the heads of other relevant Federal agencies and
domestic and international stakeholders.
(d) Reports.--
(1) The Secretary of State shall, in consultation with the
heads of other relevant Federal agencies and not later than
90 days after the date of enactment of this Act, submit a
report to the appropriate congressional committees detailing
and assessing the cooperation of the PRC in countering the
flow of fentanyl, fentanyl precursors, and other synthetic
drugs, and describing actions taken by the United States in
coordination with other countries to engage the PRC on taking
concrete and measurable steps to stop the flow of fentanyl,
fentanyl precursors, and other synthetic drugs from the PRC
to other countries: Provided, That such report shall be
updated and resubmitted quarterly thereafter until September
30, 2025.
(2) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees detailing how assistance
for Mexico is strategically aligned to address the
proliferation of fentanyl, fentanyl precursors, and other
synthetic drugs from Mexico to the United States.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2024, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or
[[Page H1463]]
educational institutions, those that have as a principal
officer of the entity's governing board or governing board of
trustees any individual that has been determined to be
involved in, or advocating terrorist activity or determined
to be a member of a designated foreign terrorist
organization: Provided, That the Secretary of State shall,
as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved
in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on--
(A) the benchmarks that have been established for security
assistance for the West Bank and Gaza and on the extent of
Palestinian compliance with such benchmarks; and
(B) the steps being taken by the Palestinian Authority to
end torture and other cruel, inhuman, and degrading treatment
of detainees, including by bringing to justice members of
Palestinian security forces who commit such crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,400,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer
assistance, in fiscal year 2024 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961,
as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Assistance.--Of the funds appropriated by this Act, not
less than $1,425,000,000 should be made available for
assistance for Egypt, of which--
(A) not less than $125,000,000 shall be made available from
funds under the heading ``Economic Support Fund'', of which
not less than $40,000,000 should be made available for higher
education programs, including not less than $15,000,000 for
scholarships for Egyptian students with high financial need
to attend not-for-profit institutions of higher education in
Egypt that are currently accredited by a regional accrediting
agency recognized by the United States Department of
Education, or meets standards equivalent to those required
for United States institutional accreditation by a regional
accrediting agency recognized by such Department: Provided,
That such funds shall be made available for democracy
programs, and for development programs in the Sinai; and
(B) not less than $1,300,000,000 should be made available
from funds under the heading ``Foreign Military Financing
Program'', to remain available until September 30, 2025:
Provided, That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations
and the uses of any interest earned on such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(3) Withholding.--Of the funds made available pursuant to
paragraph (1)(B), $320,000,000 shall be withheld from
obligation until the Secretary certifies and reports to the
Committees on Appropriations that the Government of Egypt is
meeting the requirements under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That the Secretary may waive such requirement if the
Secretary determines and reports to the Committees on
Appropriations that such funds are necessary for
counterterrorism, border security, or nonproliferation
programs or that it is otherwise important to the national
security interest of the United States to do so, including a
detailed justification for the use of such waiver and the
reasons why any of the requirements cannot be met: Provided
further, That the report required by the previous proviso
shall be submitted in unclassified form but may be
accompanied by a classified annex.
(b) Iran.--
[[Page H1464]]
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain
a nuclear weapon;
(B) to support an expeditious response to any violation of
United Nations Security Council Resolutions or to efforts
that advance Iran's nuclear program;
(C) to support the implementation and enforcement of
sanctions against Iran for support of nuclear weapons
development, terrorism, human rights abuses, and ballistic
missile and weapons proliferation; and
(D) for democracy programs in support of the aspirations of
the Iranian people.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions on
Iran;
(ii) the reimposition and renewed enforcement of secondary
sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(3) Limitations.--None of the funds appropriated by this
Act may be used to--
(A) implement an agreement with the Government of Iran
relating to the nuclear program of Iran, or a renewal of the
Joint Comprehensive Plan of Action adopted on October 18,
2015, in contravention of the Iran Nuclear Agreement Review
Act of 2015 (42 U.S.C. 2160e); or
(B) revoke the designation of the Islamic Revolutionary
Guard Corps as a Foreign Terrorist Organization pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(c) Iraq.--
(1) Funds appropriated under titles III and IV of this Act
shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of
Iraq;
(B) stabilization assistance, including in Anbar Province;
(C) programs to support government transparency and
accountability, support judicial independence, protect the
right of due process, end the use of torture, and combat
corruption;
(D) humanitarian assistance, including in the Kurdistan
Region of Iraq;
(E) programs to protect and assist religious and ethnic
minority populations; and
(F) programs to increase United States private sector
investment.
(2) Limitation.--Funds appropriated by this Act under title
III and made available for bilateral economic assistance for
Iraq may not be made available to an organization or entity
for which the Secretary of State has credible information is
controlled by the Badr Organization.
(d) Israel.--Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', not less
than $3,300,000,000 shall be available for grants only for
Israel which shall be disbursed within 30 days of enactment
of this Act: Provided, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less
than $725,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development.
(e) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,650,000,000 shall be made
available for assistance for Jordan, of which not less than
$845,100,000 shall be made available for budget support for
the Government of Jordan and not less than $425,000,000 shall
be made available under the heading ``Foreign Military
Financing Program''.
(f) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Security assistance.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may be made available
for programs and equipment for the ISF and the LAF to address
security and stability requirements in areas affected by
conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
(i) professionalize the LAF to mitigate internal and
external threats from non-state actors, including Hizballah;
(ii) strengthen the security of borders and combat
terrorism, including training and equipping the LAF to secure
the borders of Lebanon and address security and stability
requirements in areas affected by conflict in Syria,
interdicting arms shipments, and preventing the use of
Lebanon as a safe haven for terrorist groups; and
(iii) implement United Nations Security Council Resolution
1701:
Provided, That prior to obligating funds made available by
this subparagraph for assistance for the LAF, the Secretary
of State shall submit to the Committees on Appropriations a
spend plan, including actions to be taken to ensure equipment
provided to the LAF is used only for the intended purposes,
except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961:
Provided further, That any notification submitted pursuant to
such section shall include any funds specifically intended
for lethal military equipment.
(3) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made available for
assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(g) Morocco.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Morocco.
(h) Saudi Arabia.--
(1) None of the funds appropriated by this Act under the
heading ``International Military Education and Training''
should be made available for assistance for the Government of
Saudi Arabia.
(2) None of the funds appropriated or otherwise made
available by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs should be obligated or expended by the Export-Import
Bank of the United States to guarantee, insure, or extend (or
participate in the extension of) credit in connection with
the export of nuclear technology, equipment, fuel, materials,
or other nuclear technology-related goods or services to
Saudi Arabia unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement pursuant
to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional Protocol to
its Comprehensive Safeguards Agreement with the International
Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available,
notwithstanding any other provision of law, for non-lethal
stabilization assistance for Syria, including for emergency
medical and rescue response and chemical weapons
investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant
to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further
the strategic objectives of the Government of the Russian
Federation that the Secretary of State determines may
threaten or undermine United States national security
interests; and
(C) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces or
made available to an organization or entity effectively
controlled by an official or immediate family member of an
official of such government.
(3) United states government al-hol action plan.--Of the
funds appropriated under title III of this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, not less than $25,000,000
shall be made available to implement the ``U.S. Government
Al-Hol Action Plan''.
(4) Monitoring, oversight, consultation, and
notification.--
(A) Prior to the obligation of funds appropriated by this
Act and made available for assistance for Syria, the
Secretary of State shall take all practicable steps to ensure
that mechanisms are in place for monitoring, oversight, and
control of such assistance inside Syria.
(B) Funds made available pursuant to this subsection may
only be made available following consultation with the
appropriate congressional committees and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided, That such consultation shall
include the steps taken to comply with subparagraph (A) and
steps intended to be taken to comply with section 7015(j) of
this Act.
(j) Tunisia.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Tunisia
for programs to support democratic governance and civil
society, protect due process of law, and
[[Page H1465]]
maintain regional stability and security, following
consultation with the Committees on Appropriations.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under this
clause may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and Gaza
shall be made available consistent with section 1004(a) of
the Taylor Force Act (title X of division S of Public Law
115-141).
(4) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(5) Incitement report.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $3,000,000 shall be made available for a
contribution to the Special Criminal Court in Central African
Republic.
(c) Counter Illicit Armed Groups.--Funds appropriated by
this Act shall be made available for programs and activities
in areas affected by the Lord's Resistance Army (LRA) or
other illicit armed groups in Eastern Democratic Republic of
the Congo and the Central African Republic, including to
improve physical access, telecommunications infrastructure,
and early-warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants,
especially child soldiers.
(d) Democratic Republic of the Congo.--Funds appropriated
by this Act shall be made available for assistance for the
Democratic Republic of the Congo (DRC) for stabilization,
democracy, global health, and bilateral economic assistance:
Provided, That such funds shall also be made available to
support security, stabilization, development, and democracy
in Eastern DRC.
(e) Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to
support--
(1) political dialogue;
(2) civil society and the protection of human rights;
(3) investigations and prosecutions of gross violations of
human rights;
(4) efforts to provide unimpeded access to, and monitoring
of, humanitarian assistance; and
(5) the restoration of basic services in areas impacted by
conflict.
(f) Malawi.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs that are made available for
higher education programs in Malawi shall be made available
for higher education and workforce development programs in
agriculture as described under this section in House Report
118-146.
(g) Power Africa.--Prior to the initial obligation of funds
appropriated by this Act and made available for the Power
Africa program, the Administrator of the United States Agency
for International Development shall submit the report
required under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such funds shall be
used for all-of-the-above energy development consistent with
the Electrify Africa Act of 2015 (Public Law 114-121).
(h) South Sudan.--None of the funds appropriated by this
Act under title IV may be made available for assistance for
the central Government of South Sudan, except to support
implementation of outstanding issues of the Comprehensive
Peace Agreement, mutual arrangements related to post-
referendum issues associated with such Agreement, or any
other viable peace agreement in South Sudan.
(i) Sudan.--
(1) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the
central Government of Sudan, except to support implementation
of outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other viable peace
agreement in Sudan.
(2) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for any new program, project, or activity in Sudan
shall be subject to prior consultation with the appropriate
congressional committees.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant
to the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as
required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$121,000,000 shall be made available for assistance for Burma
for the purposes described in section 5575 of the Burma Act
of 2022 (subtitle E of title LV of division E of Public Law
117-263) and section 7043(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2023 (division K of Public Law 117-328): Provided, That the
authorities, limitations, and conditions contained in section
7043(a) of division K of Public Law 117-328 shall apply to
funds made available for assistance for Burma under this Act,
except for the minimum funding requirements and paragraph
(1)(B): Provided further, That for the purposes of section
5575 of the Burma Act of 2022 and assistance for Burma made
available by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, ``non-lethal assistance'' shall include equipment
and associated training to support--
(A) atrocities prevention;
[[Page H1466]]
(B) the protection of civilians from military attack;
(C) the delivery of humanitarian assistance;
(D) investigations into genocide and human rights
violations committed by the Burmese military;
(E) local governance and the provision of services in areas
outside the control of the Burmese military; and
(F) medical trauma care, supplies, and training.
(2) Deserter programs.--Pursuant to section 7043(a)(1)(A)
of division K of Public Law 117-328, as continued in effect
by this subsection, funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for assistance for Burma shall be made available
for programs and activities to support deserters from the
military junta and its allied entities, following
consultation with the appropriate congressional committees.
(b) Cambodia.--
Not later than 90 days after the date of enactment of this
Act but prior to the initial obligation of funds appropriated
by this Act that are made available for assistance for
Cambodia, the Secretary of State shall submit to the
appropriate congressional committees an assessment of the
extent of the influence of the People's Republic of China in
Cambodia, including on the Government of Cambodia and with
respect to the purposes and operations of Ream Naval Base.
(c) Indo-Pacific Strategy.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,800,000,000 shall be
made available to support implementation of the Indo-Pacific
Strategy.
(2) Countering prc influence fund.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and
``Foreign Military Financing Program'', not less than
$400,000,000 shall be made available for a Countering PRC
Influence Fund to counter the influence of the Government of
the People's Republic of China and the Chinese Communist
Party and entities acting on their behalf globally, which
shall be subject to prior consultation with the Committees on
Appropriations: Provided, That such funds are in addition to
amounts otherwise made available for such purposes: Provided
further, That up to 10 percent of such funds shall be held in
reserve to respond to unanticipated opportunities to counter
PRC influence: Provided further, That funds made available
pursuant to this paragraph under the heading ``Foreign
Military Financing Program'' may remain available until
September 30, 2025: Provided further, That funds
appropriated by this Act for such Fund under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated under
such headings: Provided further, That such transfer
authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on
Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity
that directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of China; or
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by the
People's Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the heads of
other Federal agencies, as appropriate, determines that such
use does not adversely impact the national security of the
United States.
(4) Strategic review.--Funds appropriated by this Act shall
be made available to design and implement reforms of the
processes and procedures regarding the application,
consideration, and delivery of equipment and technical
training under the Foreign Military Sales (FMS) program,
including implementation of FMS 2023 by the Department of
State: Provided, That not later than 180 days after the date
of enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall submit a comprehensive strategic review to
the appropriate congressional committees on the
implementation and impact of such reforms in the Indo-
Pacific: Provided further, That such review shall provide an
assessment of major defense equipment sought by key United
States allies and security partners in the region, including
the Philippines, Indonesia, Vietnam, Singapore, and Taiwan:
Provided further, That the Secretary shall consult with the
appropriate congressional committees prior to submitting such
review.
(5) Maps.--None of the funds made available by this Act
should be used to create, procure, or display any map that
inaccurately depicts the territory and social and economic
system of Taiwan and the islands or island groups
administered by Taiwan authorities.
(d) Laos.--Of the funds appropriated by this Act under
titles III and IV, not less than $93,000,000 shall be made
available for assistance for Laos, including for assistance
for persons with disabilities caused by unexploded ordnance
accidents, and of which up to $1,500,000 may be made
available for programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities in areas
sprayed with Agent Orange: Provided, That funds made
available pursuant to this subsection may be used, in
consultation with the Government of Laos, for assessments of
the existence of dioxin contamination resulting from the use
of Agent Orange in Laos and the feasibility and cost of
remediation.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C.
9229) to the Committees on Appropriations: Provided further,
That the Secretary of State may waive the application of the
restriction in this paragraph with respect to assistance for
the central government of a country if the Secretary
determines and reports to the appropriate congressional
committees that to do so is important to the national
security interest of the United States, including a
description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund''
shall be made available for the promotion of human rights in
North Korea: Provided, That the authority of section
7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the
Government of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'' for the Department of State
and ``Operating Expenses'' for the United States Agency for
International Development shall be made available to expand
the United States diplomatic and development presence in
Pacific Islands countries (PICs), including the number and
location of facilities and personnel.
(2) Assistance.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', and ``Foreign Military Financing
Program'', not less than $160,000,000 shall be made available
for assistance for PICs, including to implement the Pacific
Partnership Strategy of the United States and Partners in the
Blue Pacific initiative, and to further the goals of the
Pacific Islands Forum's 2050 Strategy for the Blue Pacific
Continent: Provided, That funds appropriated by this Act
that are made available for the Countering PRC Influence Fund
shall be made available for assistance for PICs, in addition
to funds made available under this paragraph: Provided
further, That funds made available by this paragraph for
assistance for PICs shall be made available for programs and
activities to strengthen and expand cooperation between the
United States and higher education institutions in PICs, to
be awarded on a competitive basis: Provided further, That
funds made available by this paragraph for assistance for
PICs shall be made available to appropriately commemorate the
anniversary of World War II battles in the Pacific in which
American servicemen and women lost their lives: Provided
further, That of the funds made available by this paragraph
for assistance for PICs, not less than $5,000,000 shall be
made available for trilateral programs.
(g) People's Republic of China.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the Government
of the People's Republic of China or the Chinese Communist
Party.
(2) Hong kong.--Of the funds appropriated by this Act under
the first paragraph under the heading ``Democracy Fund'', not
less than $5,000,000 shall be made available for democracy
and Internet freedom programs for Hong Kong, including legal
and other support for democracy activists.
(h) Philippines.--
(1) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not less than $40,000,000 shall be made
available for assistance for the Philippines.
[[Page H1467]]
(2) Limitation.--None of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
(i) Taiwan.--
(1) Global cooperation and training framework.--Of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $4,000,000 shall be made
available for the Global Cooperation and Training Framework,
which shall be administered by the American Institute in
Taiwan.
(2) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not less than $300,000,000 shall be made
available for assistance for Taiwan: Provided, That the
Secretary of State, in coordination with the Secretary of
Defense, shall prioritize the delivery of defense articles
and services for Taiwan.
(3) Foreign military financing program loan and loan
guarantee authority.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Foreign Military Financing Program'', except for amounts
designated as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, may be made
available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans and loan
guarantees for Taiwan, as authorized by section 5502(g) of
the Taiwan Enhanced Resilience Act (subtitle A of title LV of
division E of Public Law 117-263).
(4) Fellowship program.--Funds appropriated by this Act
under the heading ``Payment to the American Institute in
Taiwan'' shall be made available for the Taiwan Fellowship
Program.
(5) Consultation.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on the uses of funds
made available pursuant to this subsection: Provided, That
such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tibet.--
(1) Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $10,000,000 shall be made
available to nongovernmental organizations with experience
working with Tibetan communities to support activities which
preserve cultural traditions and promote sustainable
development, education, and environmental conservation in
Tibetan communities in the Tibet Autonomous Region and in
other Tibetan communities in China.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India
and Nepal, and to assist in the education and development of
the next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in paragraph (1) for programs inside Tibet.
(3) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $5,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration, of which up to $1,500,000 may
be made available to address economic growth and capacity
building activities, including for displaced Tibetan refugee
families in India and Nepal to help meet basic needs,
following consultation with the Committees on Appropriations:
Provided, That such funds shall be administered by USAID.
(k) Vietnam.--Of the funds appropriated under titles III
and IV of this Act, not less than $197,000,000 shall be made
available for assistance for Vietnam, of which not less
than--
(1) $30,000,000 shall be made available for health and
disability programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities:
Provided, That such funds shall be prioritized to assist
persons whose disabilities may be related to the use of Agent
Orange and exposure to dioxin, or are the result of
unexploded ordnance accidents;
(2) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may
be made available for assistance for the Government of
Vietnam, including the military, for such purposes;
(3) $3,000,000 shall be made available for the
Reconciliation/Vietnamese Wartime Accounting Initiative; and
(4) $15,000,000 shall be made available for higher
education programs.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--None of the funds appropriated by this
Act that are made available for assistance for Afghanistan
may be made available for assistance to the Taliban.
(2) Afghan students.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available to--
(A) support the higher education of students from
Afghanistan studying outside of the country, including the
costs of reimbursement to institutions hosting such students,
as appropriate: Provided, That the Secretary of State and
the Administrator of the United States Agency for
International Development, as appropriate, shall consult with
the Committees on Appropriations prior to the initial
obligation of funds for such purposes; and
(B) provide modified learning opportunities for women and
girls in Afghanistan, including but not limited to, efforts
to expand internet access, online schooling, and distribution
of educational content.
(3) Afghan women.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for Afghanistan, not less than $5,000,000 shall be
made available for programs to investigate and document human
rights abuses against women in Afghanistan: Provided, That
such funds shall be the responsibility of the Bureau of
Democracy, Human Rights, and Labor, Department of State,
following consultation with the Committees on Appropriations.
(B) Funds appropriated by this Act that are made available
for assistance for Afghanistan shall be made available for a
program for Afghan women-led organizations to support
education, human rights, and economic livelihoods in
Afghanistan: Provided, That such program shall be co-
designed by women in Afghanistan.
(4) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State and the USAID
Administrator shall submit a report to the appropriate
congressional committees detailing plans, consistent with the
restriction contained in paragraph (1), to--
(A) protect and strengthen the rights of Afghan women and
girls;
(B) support higher education programs, including continued
support for the American University of Afghanistan's (AUAF)
online programs and support for other higher education
institutions in South Asia and the Middle East that are
hosting AUAF and other Afghan students;
(C) support Afghan civil society activists, journalists,
and independent media, including in third countries; and
(D) support health, education, including community-based
education, and other programs to address the basic needs of
the people of Afghanistan.
(b) Pakistan.--
(1) Limitation.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are made
available for assistance for Pakistan may only be made
available to support counterterrorism and counterinsurgency
capabilities in Pakistan.
(2) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(c) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that such
Government is taking effective and consistent steps to--
(A) protect the rights and freedoms of the people of Sri
Lanka regardless of ethnicity and religious belief, including
by investigating violations of human rights and the laws of
war and holding perpetrators of such violations accountable;
(B) implement the necessary political, economic, military,
and legal reforms to enable economic recovery and to prevent
conflict and future economic crises;
(C) increase transparency and accountability in governance
and combat corruption, including bringing to justice public
officials who have engaged in significant acts of corruption;
(D) assert its sovereignty against influence by the
People's Republic of China; and
(E) promote reconciliation between ethnic and religious
groups, particularly arising from past conflict in Sri Lanka,
as described under this section in House Report 118-146:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance and
disaster response; to protect human rights, locate and
identify missing persons, and assist victims of torture and
trauma; to promote justice, accountability, and
reconciliation; to enhance maritime security and domain
awareness; to promote fiscal transparency and sovereignty;
and for International Military Education and Training.
(3) Limitation.--Funds appropriated by this Act that are
made available for assistance for the Sri Lankan armed forces
may only be made available for--
[[Page H1468]]
(A) international peacekeeping operations training;
(B) humanitarian assistance and disaster response;
(C) instruction in human rights and related curricula
development;
(D) maritime security and domain awareness, including
professionalization and training for the navy and coast
guard; and
(E) programs and activities under the heading
``International Military Education and Training''.
(4) Consultation.--Funds made available for assistance for
Sri Lanka for international peacekeeping operations training
shall be subject to prior consultation with the Committees on
Appropriations.
latin america and the caribbean
Sec. 7045. (a) Assistance for Latin America and the
Caribbean.--Funds appropriated by this Act under titles III
and IV and made available for countries in Latin America and
the Caribbean shall be prioritized for programs as described
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(b) Central America.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for
countries in Central America, consistent with subsection (a),
of which--
(A) $61,500,000 should be made available to support
entities and activities to combat corruption and impunity in
such countries, including, as appropriate, offices of
Attorneys General;
(B) $70,000,000 should be made available for programs to
reduce violence against women and girls, including for
Indigenous women and girls;
(C) funds should be made available for assistance for El
Salvador, Guatemala, and Honduras for programs that support
locally-led development in such countries: Provided, That up
to 15 percent of the funds made available to carry out this
subparagraph may be used by the Administrator of the United
States Agency for International Development for
administrative and oversight expenses related to the purposes
of this subparagraph: Provided further, That the USAID
Administrator shall consult with the Committees on
Appropriations on the planned uses of funds to carry out this
subparagraph prior to the initial obligation of funds:
Provided further, That such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations; and
(D) funds shall be made available for the youth empowerment
program established pursuant to section 7045(a)(1)(C) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-103).
(2) Limitation on assistance to certain central
governments.--
(A) Of the funds made available pursuant to paragraph (1)
under the heading ``Economic Support Fund'' and under title
IV of this Act, 60 percent of such funds that are made
available for assistance for each of the central governments
of El Salvador, Guatemala, and Honduras may only be obligated
after the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(i) combating corruption and impunity, including
investigating and prosecuting government officials, military
personnel, and police officers credibly alleged to be
corrupt, and improving strategies to combat money laundering
and other global financial crimes;
(ii) implementing reforms, policies, and programs to
strengthen the rule of law, including increasing the
transparency of public institutions, strengthening the
independence of judicial and electoral institutions, and
improving the transparency of political campaign and
political party financing;
(iii) protecting the rights of human rights defenders,
trade unionists, journalists, civil society groups,
opposition political parties, and the independence of the
media;
(iv) providing effective and accountable law enforcement
and security for its citizens, curtailing the role of the
military in public security, and upholding due process of
law;
(v) implementing programs to reduce violence against women
and girls;
(vi) implementing policies to reduce poverty and promote
economic growth and opportunity, including the implementation
of reforms to strengthen educational systems, vocational
training programs, and programs for at-risk youth;
(vii) cooperating with the United States to counter drug
trafficking, human trafficking and smuggling, and other
transnational crime;
(viii) cooperating with the United States and other
governments in the region to facilitate the return,
repatriation, and reintegration of migrants;
(ix) taking demonstrable actions to secure national borders
and stem mass migration, including by informing its citizens
of the dangers of the journey to the southwest border of the
United States and advancing efforts to combat crime and
violence, build economic opportunity, improve government
services, and protect human rights; and
(x) implementing policies that improve the environment for
businesses, including foreign businesses, to operate and
invest, including executing tax reform in a transparent
manner, ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United States
businesses, and resolving disputes involving the confiscation
of real property of United States entities.
(B) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) judicial entities and activities to combat corruption
and impunity;
(ii) programs to combat gender-based violence;
(iii) programs to promote and protect human rights,
including those of Indigenous communities and Afro-
descendants, and to investigate human rights abuses;
(iv) support for women's economic empowerment;
(v) humanitarian assistance; and
(vi) food security programs.
(C) Foreign military financing program.--None of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' may be made available for assistance for
El Salvador, Guatemala, or Honduras, except for programs that
support humanitarian assistance and disaster response.
(c) Colombia.--
(1) Pre-obligation reports.--Prior to the initial
obligation of funds appropriated by this Act and made
available for assistance for Colombia, the Secretary of State
shall submit the reports required under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Assistance.--
(A) Funds appropriated by this Act under titles III and IV
shall be made available for assistance for Colombia:
Provided, That such funds shall be made available for the
programs and activities described under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' and
made available for assistance pursuant to this subsection,
not less than $40,000,000 shall be made available to enhance
rural security in coca producing municipalities and other
municipalities with high levels of illicit activities:
Provided, That such funds shall be prioritized in such
municipalities that are also targeted for assistance programs
that provide viable economic alternatives and improve access
to public services.
(3) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and
Law Enforcement'' that are made available for assistance for
Colombia, 20 percent may be obligated only if the Secretary
of State certifies and reports to the Committees on
Appropriations that in the previous 12 months the Government
of Colombia has--
(i) reduced overall coca cultivation, production, and drug
trafficking;
(ii) continued cooperating with the United States on joint
counternarcotics strategies; and
(iii) maintained extradition cooperation with the United
States.
(B) Human rights.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' and
made available for assistance for Colombia, 20 percent may be
obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and other judicial
authorities, as appropriate, are sentencing perpetrators of
gross violations of human rights, including those with
command responsibility, to deprivation of liberty;
(ii) the Government of Colombia is making consistent
progress in reducing threats and attacks against human rights
defenders and other civil society activists, and judicial
authorities are prosecuting and punishing those responsible
for ordering and carrying out such attacks;
(iii) the Government of Colombia is making consistent
progress in protecting Afro-Colombian and Indigenous
communities and is respecting their rights and territories;
(iv) senior military officers credibly alleged, or whose
units are credibly alleged, to be responsible for ordering,
committing, and covering up cases of false positives and
other extrajudicial killings, or of committing other gross
violations of human rights, or of conducting illegal
communications intercepts or other illicit surveillance, are
being held accountable, including removal from active duty if
found guilty through criminal, administrative, or
disciplinary proceedings; and
(v) the Colombian Armed Forces are cooperating fully with
the requirements described in clauses (i) through (iv).
(4) Exceptions.--The limitations of paragraph (3) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(5) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
[[Page H1469]]
(6) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available
for payment of reparations to conflict victims, compensation
to demobilized combatants, or cash subsidies for agrarian
reforms associated with the implementation of the 2016 peace
agreement between the Government of Colombia and illegal
armed groups.
(d) Cuba Democracy Programs.--Funds appropriated by this
Act under the heading ``Economic Support Fund'' and made
available for democracy programs in Cuba may not be made
available for business promotion, economic reform,
entrepreneurship, or any other assistance that is not
democracy building as expressly authorized in the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and
the Cuban Democracy Act of 1992.
(e) Cuban Doctors.--
(1) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees listing
the countries and international organizations for which the
Secretary has credible information are directly paying the
Government of Cuba for coerced and trafficked labor of Cuban
medical professionals: Provided, That such report shall be
submitted in unclassified form but may include a classified
annex.
(2) Designation.--The Secretary of State shall apply the
requirements of section 7031(c) of this Act to officials from
countries and organizations identified in the report required
pursuant to the previous paragraph.
(f) Facilitating Irresponsible Migration.--None of the
funds appropriated or otherwise made available by this Act
may be used to encourage, mobilize, publicize, or manage
mass-migration caravans towards the United States southwest
border: Provided, That not later than 180 days after the
date of enactment of this Act, the Secretary of State shall
report to the appropriate congressional committees with
analysis on the organization and funding of mass-migration
caravans in the Western Hemisphere: Provided further, That
the prohibition contained in this subsection shall not be
construed to preclude the provision of humanitarian
assistance.
(g) Haiti.--
(1) Assistance.--Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Haiti to support the basic needs of the Haitian people.
(2) Certification.--Funds appropriated by this Act that are
made available for assistance for Haiti may only be made
available for the central Government of Haiti if the
Secretary of State certifies and reports to the appropriate
congressional committees by January 1, 2025 that elections
have been scheduled or held in Haiti and it is in the
national interest of the United States to provide such
assistance.
(3) Exceptions.--Notwithstanding paragraph (2), funds may
be made available to support--
(A) democracy programs;
(B) police, anti-gang, and administration of justice
programs, including to reduce pre-trial detention and
eliminate inhumane prison conditions;
(C) public health, food security, subsistence farmers,
water and sanitation, education, and other programs to meet
basic human needs; and
(D) disaster relief and recovery.
(4) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for any new program, project, or activity in Haiti
shall be subject to prior consultation with the Committees on
Appropriations: Provided, That the requirement of this
paragraph shall also apply to any funds from such Acts that
are made available for support for an international security
force in Haiti.
(5) Prohibition.--None of the funds appropriated or
otherwise made available by this Act may be used for
assistance for the armed forces of Haiti.
(6) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(7) Modification.--Section 7045(c)(3) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328)
is amended by striking ``paragraph (1)'' and inserting
``paragraph (2)''.
(h) Mexico.--Of the funds appropriated under title IV in
this Act that are made available for assistance for Mexico,
15 percent shall be withheld from obligation until the
Secretary of State certifies and reports to the appropriate
congressional committees that the Government of Mexico has
taken steps to--
(1) reduce the amount of fentanyl arriving at the United
States-Mexico border;
(2) dismantle and hold accountable transnational criminal
organizations;
(3) support joint counternarcotics operations and
intelligence sharing with United States counterparts; and
(4) respect extradition requests for criminals sought by
the United States.
(i) Nicaragua.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$15,000,000 shall be made available for democracy and
religious freedom programs for Nicaragua.
(j) Organization of American States.--
(1) The Secretary of State shall instruct the United States
Permanent Representative to the Organization of American
States (OAS) to use the voice and vote of the United States
to:
(A) implement budgetary reforms and efficiencies within the
Organization;
(B) eliminate arrears, increase other donor contributions,
and impose penalties for successive late payment of
assessments;
(C) prevent programmatic and organizational redundancies
and consolidate duplicative activities and functions;
(D) prioritize areas in which the OAS has expertise, such
as strengthening democracy, monitoring electoral processes,
and protecting human rights; and
(E) implement reforms within the Office of the Inspector
General (OIG) to ensure the OIG has the necessary leadership,
integrity, professionalism, independence, policies, and
procedures to properly carry out its responsibilities in a
manner that meets or exceeds best practices in the United
States.
(2) Prior to the obligation of funds appropriated by this
Act and made available for an assessed contribution to the
Organization of American States, but not later than 90 days
after the date of enactment of this Act, the Secretary of
State shall submit a report to the appropriate congressional
committees on actions taken or planned to be taken pursuant
to paragraph (1) that are in addition to actions taken during
the preceding fiscal year, and the results of such actions.
(k) The Caribbean.--Of the funds appropriated by this Act
under titles III and IV, not less than $88,000,000 shall be
made available for the Caribbean Basin Security Initiative.
(l) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $50,000,000 should be made
available for democracy programs for Venezuela.
(2) Of the funds made available pursuant to paragraph (1)
that are allocated for electoral-related activities, 50
percent may only be obligated after the Secretary of State
determines and reports to the appropriate congressional
committees that elections related to such activities--
(A) allow for the diaspora from Venezuela to participate;
(B) are open for credible, unobstructed international
observation; and
(C) allow for opposition candidates selected through
credible and democratic processes to participate.
(3) Funds shall be made available for assistance for
communities in countries supporting or otherwise impacted by
migrants from Venezuela: Provided, That such amounts are in
addition to funds otherwise made available for assistance for
such countries and are subject to the regular notification
procedures of the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Section 907 of the Freedom Support Act.--
Section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note)
shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD
Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(b) Territorial Integrity.--None of the funds appropriated
by this Act may be made available for assistance for a
government of an Independent State of the former Soviet Union
if such government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this
Act, funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of
State shall consult with the Committees on Appropriations on
how such assistance supports the national security interest
of the United States.
(c) Turkey.--None of the funds made available by this Act
may be used to facilitate or support the sale of defense
articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.) unless the
Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD who are
named in the July 17, 2017, indictment by the Superior Court
of the District of Columbia, and against whom there
[[Page H1470]]
are pending charges, have returned to the United States to
stand trial in connection with the offenses contained in such
indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not
apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty
Organization or coalition operations, or to enhance the
protection of United States officials and facilities in
Turkey.
(d) Ukraine.--
(1) Strategy requirement.--Not later than 60 days after the
date of enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal
agencies, shall submit to the Speaker and Minority Leader of
the House of Representatives, the Majority and Minority
Leaders of the Senate, and the appropriate congressional
committees a strategy to prioritize United States national
security interests in response to Russian aggression in
Ukraine and its impact in Europe and Eurasia, which shall
include an explanation of how United States assistance for
Ukraine and affected countries in the region advances the
objectives of such strategy: Provided, That such strategy
shall include clear goals, benchmarks, timelines, and
strategic objectives with respect to funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that are made available for assistance for Ukraine, including
details on the staffing requirements necessary to carry out
such strategy.
(2) Cost matching.--Funds appropriated by this Act under
the headings ``Economic Support Fund'' and ``Assistance for
Europe, Eurasia and Central Asia'' that are made available
for contributions to the Government of Ukraine may not exceed
50 percent of the total amount provided for such assistance
by all sources: Provided, That the President may waive the
limitation in this paragraph if the President determines and
reports to the appropriate congressional committees that to
do so is in the national security interest of the United
States, including a detailed justification for such
determination and an explanation as to why other donors to
the Government of Ukraine are unable to meet or exceed such
level: Provided further, That following such determination,
the President shall submit a report to the Speaker and
Minority Leader of the House of Representatives, the Majority
and Minority Leaders of the Senate, and the appropriate
congressional committees every 120 days while assistance is
provided in reliance on the determination under the previous
proviso detailing steps taken by the Department of State to
increase other donor contributions and an update on the
status of such contributions: Provided further, That the
requirements of this paragraph shall continue in effect until
funds made available by this Act pursuant to this paragraph
have been expended.
(3) Oversight.--
(A) Staffing.--Funds appropriated under titles I and II of
this Act shall be made available to support the appropriate
level of staff in Ukraine and neighboring countries to
conduct effective monitoring and oversight of United States
foreign assistance and ensure the safety and security of
United States personnel, consistent with the strategy
required in paragraph (1).
(B) In-person monitoring.--The Secretary of State shall, to
the maximum extent practicable, ensure that funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', ``International Narcotics Control and Law
Enforcement'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' and made available for
project-based assistance for Ukraine are subject to in-person
monitoring by United States personnel or by vetted third
party monitors.
(C) Certification.--Not later than 15 days prior to the
initial obligation of funds appropriated by this Act and made
available for assistance for Ukraine under the headings
``Economic Support Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', and ``Foreign Military Financing
Program'', the Secretary of State and the USAID Administrator
shall jointly certify and report to the appropriate
congressional committees that mechanisms for monitoring and
oversight of funds are in place and functioning to ensure
accountability of such funds to prevent waste, fraud, abuse,
diversion, and corruption, including mechanisms such as use
of third-party monitors, enhanced end-use monitoring,
external and independent audits and evaluations, randomized
spot checks, and regular reporting on outcomes achieved and
progress made toward stated program objectives, consistent
with the strategy required in paragraph (1): Provided, That
section 7015(e) of this Act shall apply to the certification
requirement of this subparagraph.
(D) Notification.--The requirements of section 1706 of the
Additional Ukraine Supplemental Appropriations Act, 2023
(division M of Public Law 117-328) shall apply to funds
appropriated by this Act under titles I through IV that are
made available for assistance for Ukraine.
(E) Reports.--
(i) Not later than 60 days after the date of enactment of
this Act and every 90 days thereafter until all funds
appropriated by this Act and made available for Ukraine have
been expended, the Secretary of State and the USAID
Administrator shall provide a comprehensive report to the
appropriate congressional committees on assistance made
available for Ukraine since February 24, 2022, in this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs: Provided,
That such report shall include the total amount of such
funds, disaggregated by account and fiscal year, that remain
unobligated, are obligated but unexpended, and are committed
but not yet notified.
(ii) Not later than 90 days after the date of enactment of
this Act and every 90 days thereafter until all funds
appropriated by this Act and made available for Ukraine have
been expended, the Secretary of State and the USAID
Administrator shall jointly report to the appropriate
congressional committees on the use and planned uses of funds
made available during fiscal year 2024 for assistance for
Ukraine, including categories and amounts, the intended
results and the results achieved, a summary of other donor
contributions, and a description of the efforts undertaken by
the Secretary and Administrator to increase other donor
contributions: Provided, That such reports shall also
include the metrics established to measure such results, and
determine effectiveness of funds provided, and a detailed
description of coordination and information sharing with the
Offices of the Inspectors General, including a full
accounting of any reported allegations of waste, fraud,
abuse, and corruption, steps taken to verify such
allegations, and steps taken to address all verified
allegations.
(F) Transparency.--The reports required under this
subsection shall be made publicly available consistent with
the requirements of section 7016(b) of this Act.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has taken affirmative steps intended to support or be
supportive of the Russian Federation annexation of Crimea or
other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if
the Secretary determines and reports to such Committees that
to do so is in the national interest of the United States,
and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces, if such activity includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of the Russian Federation or Russian-backed
forces, if such assistance includes the participation of
Russian Government officials, or other Russian owned or
controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
grant, or guarantee) for any program that violates the
sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has
reestablished sovereignty over Crimea and other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has recognized the independence of, or has established
diplomatic relations with, the Russian Federation occupied
Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia: Provided, That the Secretary shall publish on the
Department of State website a list of any such central
governments in a timely manner: Provided further, That the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification
for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to
[[Page H1471]]
support the Russian Federation occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
grant, or guarantee) for any program that violates the
sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--Of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the headings ``Assistance for Europe, Eurasia
and Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not
less than $300,000,000 shall be made available to carry out
the purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543) and notwithstanding the country limitation in
subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries
in Europe, Eurasia, and Central Asia and strengthen security
cooperation between such countries and the United States and
the North Atlantic Treaty Organization, as appropriate:
Provided, That funds made available pursuant to this
paragraph under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2025.
united nations and other international organizations
Sec. 7048. (a) Transparency and Accountability.--Not later
than 120 days after the date of enactment of this Act, the
Secretary of State shall report to the Committees on
Appropriations whether each organization, department, or
agency receiving a contribution from funds appropriated by
this Act under the headings ``Contributions to International
Organizations'' and ``International Organizations and
Programs''--
(1) is posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) has submitted a report to the Department of State,
which shall be posted on the Department's website in a timely
manner, demonstrating that such organization is effectively
implementing and enforcing policies and procedures which meet
or exceed best practices in the United States for the
protection of whistleblowers from retaliation, including--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration;
and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment; and
(3) is effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel;
(4) is taking credible steps to combat anti-Israel bias;
(5) is developing and implementing mechanisms to inform
donors of instances in which funds have been diverted or
destroyed and an explanation of the response by the
respective international organization; and
(6) is implementing policies and procedures to effectively
vet staff for any affiliation with a terrorist organization.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency,
body, or commission is chaired or presided over by a country,
the government of which the Secretary of State has
determined, for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports
international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State
as a contribution to any organization, agency, commission, or
program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)), or any other
provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--
(1) None of the funds appropriated by this Act may be made
available in support of the United Nations Human Rights
Council unless the Secretary of State determines and reports
to the appropriate congressional committees that
participation in the Council is important to the national
interest of the United States and that such Council is taking
significant steps to remove Israel as a permanent agenda item
and ensure integrity in the election of members to such
Council: Provided, That such report shall include a
description of the national interest served and provide a
detailed reform agenda, including a timeline to remove Israel
as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That
the Secretary of State shall withhold, from funds
appropriated by this Act under the heading ``Contributions to
International Organizations'' for a contribution to the
United Nations Regular Budget, the United States
proportionate share of the total annual amount of the United
Nations Regular Budget funding for the United Nations Human
Rights Council until such determination and report is made:
Provided further, That if the Secretary is unable to make
such determination and report, such amounts may be
reprogrammed for purposes other than the United Nations
Regular Budget, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the Secretary shall report to the Committees on
Appropriations not later than September 30, 2024, on the
resolutions considered in the United Nations Human Rights
Council during the previous 12 months, and on steps taken to
remove Israel as a permanent agenda item and to improve the
quality of membership through competitive elections.
(2) None of the funds appropriated by this Act may be made
available for the United Nations International Commission of
Inquiry on the Occupied Palestinian Territory, including East
Jerusalem, and Israel.
(d) Prohibition of Payments to United Nations Members.--
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961, the costs for participation of another country's
delegation at international conferences held under the
auspices of multilateral or international organizations.
(e) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
amount of funds available for obligation or expenditure in
fiscal year 2024 for contributions to any organization,
department, agency, or program within the United Nations
system or any international program that are withheld from
obligation or expenditure due to any provision of law:
Provided, That the Secretary shall update such report each
time additional funds are withheld by operation of any
provision of law: Provided further, That the reprogramming
of any withheld funds identified in such report, including
updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(f) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State shall, to the maximum
extent practicable, withhold assistance to any unit of the
security forces of a foreign country if the Secretary has
credible information that such unit has engaged in sexual
exploitation or abuse, including while serving in a United
Nations peacekeeping operation, until the Secretary
determines that the government of such country is taking
effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That
the Secretary shall promptly notify the government of each
country subject to any withholding of assistance pursuant to
this paragraph, and shall notify the appropriate
congressional committees of such withholding not later than
10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the
maximum extent practicable, assist such government in
bringing the responsible members of such unit to justice.
(g) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the second proviso under the heading
``Contributions for International Peacekeeping Activities''
in title I of this Act or section 307(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2025: Provided,
That the requirement to withhold funds for programs in Burma
under section 307(a) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated by this Act.
(h) Accountability Requirement.--Not later than 30 days
after the date of enactment of this Act, the Secretary of
State, in coordination with the Administrator of the United
States Agency for International Development, shall seek to
enter into written agreements with each international
organization that receives funding appropriated by this Act
to provide timely access to the Inspectors General of the
Department of State
[[Page H1472]]
and the United States Agency for International Development
and the Comptroller General of the United States to such
organization's financial data and other information relevant
to United States contributions to such organization, as
determined by the Inspectors and Comptroller General.
(i) Strengthening American Presence at International
Organizations.--
(1) Of the funds made available by this Act under the
heading ``International Organizations and Programs'', not
less than $5,000,000 shall be made available for the
placement of United States citizens in the Junior
Professional Officer Programme.
(2) Of the funds made available by this Act under the
heading ``Diplomatic Programs'', not less than $750,000 shall
be made available to enhance the competitiveness of United
States citizens for leadership positions in the United
Nations system, including pursuant to section 9701 of the
Department of State Authorization Act of 2022 (title XCVII of
division I of Public Law 117-263).
war crimes tribunal
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided,
That the determination required under this section shall be
in lieu of any determinations otherwise required under
section 552(c): Provided further, That funds made available
pursuant to this section shall be made available subject to
the regular notification procedures of the Committees on
Appropriations.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2024 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $94,000,000 shall
be made available for programs to promote Internet freedom
globally, consistent with section 9707 of the Department of
State Authorization Act of 2022 (title XCVII of division I of
Public Law 117-263).
(b) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after the date
of enactment of this Act, the Secretary of State and the
Chief Executive Officer of the United States Agency for
Global Media, in consultation with the President of the Open
Technology Fund, shall submit to the Committees on
Appropriations spend plans for funds made available by this
Act for programs to promote Internet freedom globally, which
shall include a description of safeguards established by
relevant agencies to ensure that such programs are not used
for illicit purposes: Provided, That the Department of State
spend plan shall include funding for all such programs for
all relevant Department of State and United States Agency for
International Development offices and bureaus.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made
available by this Act may be used to support or justify the
use of torture and other cruel, inhuman, or degrading
treatment or punishment by any official or contract employee
of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961, for assistance to
eliminate torture and other cruel, inhuman, or degrading
treatment or punishment by foreign police, military, or other
security forces in countries receiving assistance from funds
appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'', ``International Narcotics Control
and Law Enforcement'', ``Andean Counterdrug Initiative'', and
``Andean Counterdrug Programs'' may be used for any other
program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of
State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of
State in connection with the use of aircraft owned, leased,
or chartered by the Department of State may be credited to
the Working Capital Fund of the Department and shall be
available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose
of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That subsection (f)(2)(B)
of such section shall be applied by substituting ``September
30, 2023'' for ``September 30, 2009''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b)(1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private or
multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'', ``United
States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which
has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing
a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interest of the
United States.
enterprise funds
Sec. 7056. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2024, $32,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by
[[Page H1473]]
this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the
funds appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate
the capacity of countries to prevent, detect, and respond to
infectious disease outbreaks, including by strengthening
public health capacity where there is a high risk of emerging
zoonotic infectious diseases: Provided, That not later than
60 days after the date of enactment of this Act, the
Administrator of the United States Agency for International
Development and the Secretary of State, as appropriate, shall
consult with the Committees on Appropriations on the planned
uses of such funds.
(2) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, not to exceed an
aggregate total of $200,000,000 of the funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(3) Emergency reserve fund.--Up to $70,000,000 of the funds
made available under the heading ``Global Health Programs''
may be made available for the Emergency Reserve Fund
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds shall be made available under the
same terms and conditions of such section.
(4) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--Notwithstanding any other provision of
law, none of the funds made available by this Act may be made
available to the Wuhan Institute of Virology located in the
City of Wuhan in the People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--Funds appropriated by this Act
shall be made available to promote the equality and
empowerment of women and girls in United States Government
diplomatic and development efforts by raising the status,
increasing the economic participation and opportunities for
political leadership, and protecting the rights of women and
girls worldwide.
(b) Women's Economic Empowerment.--Funds appropriated by
this Act shall be made available to expand economic
opportunities for women by increasing the number and capacity
of women-owned enterprises, improving property rights for
women, increasing women's access to financial services and
capital, enhancing the role of women in economic decision-
making at the local, national, and international levels, and
improving women's ability to participate in the global
economy, including through implementation of the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as applicable, shall consult with the Committees
on Appropriations on the uses of funds made available
pursuant to this subsection.
(c) Gender Equity and Equality Action Fund.--Of the funds
appropriated under title III of this Act, up to $200,000,000
may be made available for the Gender Equity and Equality
Action Fund.
(d) Madeleine K. Albright Women's Leadership Program.--Of
the funds appropriated under title III of this Act, not less
than $50,000,000 shall be made available for the Madeleine K.
Albright Women's Leadership Program, as established by
section 7059(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023
(division K of Public Law 117-328).
(e) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $250,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(3) Funds made available pursuant to this subsection should
include efforts to combat a variety of forms of violence
against women and girls, including child marriage, rape, and
female genital cutting and mutilation.
(f) Women, Peace, and Security.--Of the funds appropriated
by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', and ``International Narcotics Control and
Law Enforcement'', $150,000,000 should be made available to
support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower
women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts
in countries affected by conflict or in political transition,
and to ensure the equitable provision of relief and recovery
assistance to women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $922,000,000 shall be made available for the
Nita M. Lowey Basic Education Fund, and such funds may be
made available notwithstanding any other provision of law
that restricts assistance to foreign countries: Provided,
That such funds shall also be used for secondary education
activities: Provided further, That of the funds made
available by this paragraph, $150,000,000 should be available
for the education of girls in areas of conflict.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, $152,000,000
shall be made available for contributions to multilateral
partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $271,000,000 shall be made
available for assistance for higher education: Provided,
That such funds may be made available notwithstanding any
other provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $33,000,000 shall
be made available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity of
higher education institutions and systems in developing
countries: Provided further, That of such amount and in
addition to the previous proviso, not less than $35,000,000
shall be made available for higher education programs
pursuant to section 7060(a)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2021 (division K of Public Law 116-260).
(3) Scholar rescue programs.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $7,000,000 shall be
made available for scholar rescue programs to support
projects that strengthen democracy and civil society by
protecting scholars at risk overseas, including through
fellowships and placement opportunities abroad, which shall
be administered by the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State.
(b) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than
[[Page H1474]]
$18,500,000 shall be made available for United States Agency
for International Development cooperative development
programs and not less than $31,500,000 shall be made
available for the American Schools and Hospitals Abroad
program.
(c) Disability Programs.--Funds appropriated by this Act
under the heading ``Development Assistance'' shall be made
available for programs and activities administered by USAID
to address the needs of, and protect and promote the rights
of, people with disabilities in developing countries,
including initiatives that focus on independent living,
economic self-sufficiency, advocacy, education, employment,
transportation, sports, political and electoral
participation, and integration of individuals with
disabilities, including for the cost of translation:
Provided, That funds shall be made available to support
disability rights advocacy organizations in developing
countries: Provided further, That of the funds made
available pursuant to this subsection, 5 percent may be used
by USAID for management, oversight, and technical support.
(d) Food Security and Agricultural Development.--
(1) Use of funds.--Of the funds appropriated by title III
of this Act, not less than $960,000,000 shall be made
available for food security and agricultural development
programs to carry out the purposes of the Global Food
Security Act of 2016 (Public Law 114-195), including for the
Feed the Future Innovation Labs: Provided, That funds may be
made available for a contribution as authorized by section
3202 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), as amended by section 3310 of the
Agriculture Improvement Act of 2018 (Public Law 115-334).
(2) Feed the future modernization.--Of the funds made
available pursuant to this subsection--
(A) not less than 50 percent should be made available for
the Feed the Future target countries; and
(B) not less than $25,000,000 shall be made available to
support private sector investment in food security, including
as catalytic capital.
(e) Micro, Small, and Medium-Sized Enterprises.--Of the
funds appropriated by this Act, not less than $252,000,000
shall be made available to support the development of, and
access to financing for, micro, small, and medium-sized
enterprises that benefit the poor, especially women.
(f) Programs to Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $111,000,000 shall be made available for activities
to combat trafficking in persons internationally, including
for the Program to End Modern Slavery, of which not less than
$89,500,000 shall be from funds made available under the
heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds made available by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to
combat trafficking in persons should be obligated and
programmed consistent with the country-specific
recommendations included in the annual Trafficking in Persons
Report, and shall be coordinated with the Office to Monitor
and Combat Trafficking in Persons, Department of State:
Provided further, That such funds are in addition to funds
made available by this Act under the heading ``Diplomatic
Programs'' for the Office to Monitor and Combat Trafficking
in Persons: Provided further, That funds made available by
this Act shall be made available to further develop,
standardize, and update training for all United States
Government personnel under Chief of Mission authority posted
at United States embassies and consulates abroad on
recognizing signs of human trafficking and protocols for
reporting such cases.
(g) Public-Private Partnerships.--Of the funds appropriated
by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the heading ``Economic Support Fund'', $100,000,000
shall be made available to support new public-private
partnership foundations for conservation and food security if
legislation establishing such foundations is enacted into law
by December 31, 2024.
(h) Reconciliation Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $25,000,000 shall be made available to support
people-to-people reconciliation programs which bring together
individuals of different ethnic, racial, religious, and
political backgrounds from areas of civil strife and war:
Provided, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That to the maximum extent practicable,
such funds shall be matched by sources other than the United
States Government: Provided further, That such funds shall
be administered by the Center for Conflict and Violence
Prevention, USAID.
(i) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $451,000,000 shall be made available
for water supply and sanitation projects pursuant to section
136 of the Foreign Assistance Act of 1961, of which not less
than $225,500,000 shall be for programs in sub-Saharan
Africa.
(j) Deviation.--Unless otherwise provided for by this Act,
the Secretary of State and the USAID Administrator, as
applicable, may deviate below the minimum funding
requirements designated in sections 7059, 7060, and 7061 of
this Act by up to 10 percent, notwithstanding such
designation: Provided, That such deviations shall only be
exercised to address unforeseen or exigent circumstances:
Provided further, That concurrent with the submission of the
report required by section 653(a) of the Foreign Assistance
Act of 1961, the Secretary shall submit to the Committees on
Appropriations in writing any proposed deviations utilizing
such authority that are planned at the time of submission of
such report: Provided further, That any deviations proposed
subsequent to the submission of such report shall be subject
to prior consultation with such Committees: Provided
further, That not later than November 1, 2025, the Secretary
of State shall submit a report to the Committees on
Appropriations on the use of the authority of this
subsection.
environment programs
Sec. 7061. (a) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this section and only subject to the reporting
procedures of the Committees on Appropriations, to support
environment programs.
(b)(1) Of the funds appropriated under title III of this
Act, not less than $365,750,000 shall be made available for
biodiversity conservation programs.
(2) Not less than $118,750,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(3) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees
that to do so is in the national security interest of the
United States.
(4) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging, agriculture, livestock production,
mining, or any other industrial scale extractive activity
into areas that were primary/intact tropical forests as of
December 30, 2013, and the Secretary of the Treasury shall
instruct the United States executive directors of each
international financial institution (IFI) to use the voice
and vote of the United States to oppose any financing of any
such activity.
(c) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy
of the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy
of such institution, regarding the construction of any large
dam consistent with the criteria set forth in Senate Report
114-79, while also considering whether the project involves
important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act,
not less than $175,750,000 shall be made available for
sustainable landscapes programs.
(e) Of the funds appropriated under title III of this Act,
not less than $256,500,000 shall be made available for
adaptation programs, including in support of the
implementation of the Indo-Pacific Strategy.
(f) Of the funds appropriated under title III of this Act,
not less than $247,000,000 shall be made available for clean
energy programs, including in support of carrying out the
purposes of the Electrify Africa Act (Public Law 114-121) and
implementing the Power Africa initiative.
(g) Funds appropriated by this Act under title III may be
made available for United States contributions to the
Adaptation Fund and the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act,
not less than $47,500,000 shall be made available for the
purposes enumerated under section 7060(c)(7) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260):
Provided, That such funds may only be made available
following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act,
not less than $19,000,000 shall be made available to support
Indigenous and other civil society organizations in
developing countries that are working to protect the
environment, including threatened and endangered species.
(j) The Secretary of State and USAID Administrator shall
implement the directive regarding law enforcement in national
parks and protected areas as described under this section in
Senate Report 118-71.
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days
after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of
this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African
Development Foundation, shall submit to the
[[Page H1475]]
Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in
such titles of this Act, or funds otherwise available for
obligation in fiscal year 2024, that provides details of the
uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget
justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels
proposed by the department or agency; and a clear, concise,
and informative description/justification: Provided further,
That operating plans that include changes in levels of
funding for programs, projects, and activities specified in
the congressional budget justification, in this Act, or
amounts designated in the tables in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), as applicable, shall be subject to
the notification and reprogramming requirements of section
7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act for--
(A) assistance for countries in Central America and the
Caribbean, Cambodia, Ethiopia, Iraq, Pacific Islands
countries, Pakistan, Tunisia, and Ukraine;
(B) assistance for the Africa Regional Counterterrorism
program, Caribbean Basin Security Initiative, Central America
Regional Security Initiative, Counterterrorism Partnerships
Fund, Global Peace Operations Initiative, Indo-Pacific
Strategy and the Countering PRC Influence Fund, Partnership
for Global Infrastructure and Investment, Partnership for
Regional East Africa Counterterrorism, Power Africa, Prosper
Africa, and Trans-Sahara Counterterrorism Partnership;
(C) assistance made available pursuant to the following
sections in this Act: section 7032; section 7036; section
7047(d) (on a country-by-country basis); section 7059; and
subsections (a), (d), (e), (f), (h), and (i) of section 7060;
(D) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include
bilateral and global programs funded under such heading along
with a brief description of the activities planned for each
country; and
(E) implementation of the Global Fragility Act of 2019.
(2) Not later than 90 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for funds
made available by this Act under the headings ``Department of
the Treasury, International Affairs Technical Assistance'' in
title III and ``Treasury International Assistance Programs''
in title V.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection
may be obligated prior to the submission of such spend plan
if the Secretary of State, the USAID Administrator, or the
Secretary of the Treasury, as applicable, determines that the
obligation of such funds is necessary to avoid significant
programmatic disruption: Provided, That not less than seven
days prior to such obligation, the Secretary or
Administrator, as appropriate, shall consult with the
Committees on Appropriations on the justification for such
obligation and the proposed uses of such funds.
(c) Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional
budget justification for Department of State operations and
foreign operations shall be provided to the Committees on
Appropriations concurrent with the date of submission of the
President's budget for fiscal year 2025: Provided, That the
appendices for such justification shall be provided to the
Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in
subsection (b) by the Department of State, the United States
Agency for International Development, or any other Federal
department, agency, or organization funded by this Act
without prior consultation by the head of such department,
agency, or organization with the appropriate congressional
committees: Provided, That such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification
submitted to such Committees shall include a detailed
justification for any proposed action: Provided further,
That congressional notifications submitted in prior fiscal
years pursuant to similar provisions of law in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be deemed to meet the
notification requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a),
a reorganization, redesign, or other plan shall include any
action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of
the authorities and responsibilities of such bureaus and
offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and USAID
from the staffing levels previously justified to the
Committees on Appropriations for fiscal year 2024.
department of state matters
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by
this Act or otherwise made available to the Department of
State for payments to the Working Capital Fund that are made
available for new service centers, shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(c) Other Matters.--
(1) In addition to amounts appropriated or otherwise made
available by this Act under the heading ``Diplomatic
Programs''--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(2) Funds appropriated or otherwise made available by this
Act under the heading ``Diplomatic Programs'' are available
for acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in title I of this Act.
(3) Consistent with section 204 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to
$25,000,000 of the amounts made available under the heading
``Diplomatic Programs'' in this Act may be obligated and
expended for United States participation in international
fairs and expositions abroad, including for construction and
operation of a United States pavilion at Expo 2025.
(4) Of the funds appropriated by this Act under the heading
``Diplomatic Programs'', not less than $500,000 shall be made
available for additional personnel for the Bureau of
Legislative Affairs, Department of State.
(5) Reports required by section 303(g) of the Convention on
Cultural Property Implementation Act (19 U.S.C. 2602) shall
also be submitted to the Committees on Appropriations:
Provided, That such reports shall also include information
concerning compliance with section 303(c) of such Act.
(6)(A) The notification requirement of paragraphs (2) and
(3) of subsection (j) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(j)) shall also apply
to the Committees on Appropriations.
(B) The justification requirement of paragraph (4) of
subsection (j) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(j)) shall also apply to the
Committees on Appropriations.
(C) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report detailing the
[[Page H1476]]
criteria used to certify that a position established in
accordance with paragraph (2) of subsection (j) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j))
does not require the exercise of significant authority
pursuant to the laws of the United States: Provided, That
such report shall also include a listing of each special
appointment authorized by such section, the number of
positions for the applicable office, and the salary and other
support costs of such office, and such report shall be
updated and submitted to the such committees every 180 days
thereafter until September 30, 2025.
united states agency for international development management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals
contained in subsection (a) shall expire on September 30,
2025.
(c) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949), may be extended for a period of up to
4 years notwithstanding the limitation set forth in such
section.
(e) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters or man-made disasters, subject to the
regular notification procedures of the Committees on
Appropriations.
(f) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be used by USAID to employ up to 40
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be
made available only for personal services contractors
assigned to the Bureau for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
(i) Crisis Operations Staffing.--Up to $86,000,000 of the
funds made available in title III of this Act pursuant to, or
to carry out the provisions of, part I of the Foreign
Assistance Act of 1961 and section 509(b) of the Global
Fragility Act of 2019 (title V of division J of Public Law
116-94) may be made available for the United States Agency
for International Development to appoint and employ personnel
in the excepted service to prevent or respond to foreign
crises and contexts with growing instability: Provided, That
functions carried out by personnel hired under the authority
of this subsection shall be related to the purpose for which
the funds were appropriated: Provided further, That such
funds are in addition to funds otherwise available for such
purposes and may remain attributed to any minimum funding
requirement for which they were originally made available:
Provided further, That the USAID Administrator shall
coordinate with the Director of the Office of Personnel
Management and consult with the appropriate congressional
committees on implementation of this provision.
(j) Personal Service Agreements.--Funds appropriated by
this Act under titles II and III may be made available for
the USAID Administrator to exercise the authorities of
section 2669(c) of title 22, United States Code.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the
funds appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'', not less than
$135,000,000 shall be made available for the Prevention and
Stabilization Fund for the purposes enumerated in section
509(a) of the Global Fragility Act of 2019 (title V of
division J of Public Law 116-94): Provided, That such funds
shall be prioritized for countries with national and local
governments with the demonstrated political will and capacity
to partner on strengthening government legitimacy: Provided
further, That the Secretary of State and the Administrator of
the United States Agency for International Development shall
consult with the Committees on Appropriations on the intended
prioritization and allocation of such funds not later than 60
days prior to submitting the pre-obligation spend plans
required by section 7062(b) of this Act: Provided further,
That funds appropriated under such headings may be
transferred to, and merged with, funds appropriated under
such headings for such purposes: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by this Act or any other Act, and is
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That funds made available pursuant to this
subsection under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2025.
(b) Transitional Justice.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against humanity,
and war crimes, which shall be in addition to any other funds
made available by this Act for such purposes: Provided, That
such programs shall include components to develop local
investigative and judicial skills, and to collect and
preserve evidence and maintain the chain of custody of
evidence, including for use in prosecutions, and may include
the establishment of, and assistance for, transitional
justice mechanisms: Provided further, That such funds shall
be administered by the Ambassador-at-Large for the Office of
Global Criminal Justice, Department of State, and shall be
subject to prior consultation with the Committees on
Appropriations: Provided further, That funds made available
by this paragraph shall be made available on an open and
competitive basis.
debt-for-development
Sec. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
extension of consular fees and related authorities
Sec. 7068. (a) Section 1(b)(1) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal
year 2024 by substituting ``the costs of providing consular
services'' for ``such costs''.
(b) Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B
of Public Law 116-136; 134 Stat. 592) shall be applied during
fiscal year 2024 by substituting ``2020 through 2024'' for
``2020 and 2021''.
(c) Discretionary amounts made available to the Department
of State under the heading ``Administration of Foreign
Affairs'' of this Act, and discretionary unobligated balances
under such heading from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, may be transferred to the Consular and Border
Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations
that to do so is necessary to sustain consular operations,
following consultation with such Committees: Provided, That
such transfer authority is in addition to any transfer
authority otherwise available in this Act and under any other
provision of law: Provided further, That no amounts may be
transferred from amounts designated as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2024, the Secretary of State
[[Page H1477]]
may also use fees deposited into the Fraud Prevention and
Detection Account for the costs of providing consular
services.
(e) Amounts provided pursuant to subsection (b) are
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.
management and oversight
Sec. 7069. (a) Management.--
(1) Consistent with paragraph (2), there is hereby
established in the Treasury of the United States the ``USAID
Buying Power Maintenance Account''.
(2) Up to $50,000,000 of expired or unexpired discretionary
unobligated balances appropriated for this and for any
succeeding fiscal year under the heading ``Operating
Expenses'' may be transferred to, and merged with, the
account established pursuant to paragraph (1) 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: Provided, That amounts deposited in such
account shall be available until expended for the purposes of
offsetting adverse fluctuations in foreign currency exchange
rates or overseas wage and price changes to maintain overseas
operations, in addition to such other funds as may be
available for such purposes: Provided further, That amounts
from such account may be transferred to, and merged with,
funds appropriated under titles II and III of this Act or
subsequent Acts making appropriations for the Department of
State, foreign operations, and related programs for such
purposes: Provided further, That any specific designation or
restriction contained in this Act or any other provision of
law limiting the amounts available that may be obligated or
expended shall be deemed to be adjusted to the extent
necessary to offset the net effect of fluctuations in foreign
currency exchange rates or overseas wage and price changes in
order to maintain approved levels: Provided further, That
transfers pursuant to this subsection shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Accountability and Oversight.--For purposes of
strengthening oversight, efficiency, and accountability, of
the relocation activities and related support of individuals
at risk as a result of the situation in Afghanistan,
including travel and related expenditures, security and
vetting, sustainment and other needs, fees, examinations, and
administrative expenses, there is hereby established in the
Treasury of the United States the ``Enduring Welcome
Administrative Expenses Account'': Provided, That such funds
may be made available as contributions and the administrative
authorities in the Foreign Assistance Act of 1961 may be made
available with respect to such funds, as appropriate:
Provided further, That unobligated balances from prior year
appropriations available to the Department of State for
support for Operation Enduring Welcome and related efforts
may be transferred to such account for the purposes specified
in this subsection: Provided further, That amounts
transferred to this account from funds made available under
the heading ``United States Emergency Refugee and Migration
Assistance Fund'' may be made available notwithstanding any
provision of law which restricts assistance to foreign
countries: Provided further, That not later than 30 days
after the establishment of such account, the Secretary of
State shall submit to the Committees on Appropriations a
report detailing the funds available for obligation under the
Enduring Welcome Administrative Expenses Account, the
proposed uses of such funds by program, project, and activity
and each planned use of the authority of the previous
proviso: Provided further, That such report shall be updated
and submitted to the Committees on Appropriations every 60
days until September 30, 2025: Provided further, That
amounts transferred pursuant to this subsection 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 are 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.
multilateral development banks
Sec. 7070. The African Development Fund Act (22 U.S.C.
290g et seq.) is amended by adding at the end the following
new section:
``SEC. 227. SIXTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund
is authorized to contribute on behalf of the United States
$591,000,000 to the sixteenth replenishment of the resources
of the Fund, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for
the United States contribution provided for in subsection
(a), there are authorized to be appropriated, without fiscal
year limitation, $591,000,000 for payment by the Secretary of
the Treasury.''.
prohibitions on certain transactions involving special drawing rights
Sec. 7071. (a) Prohibition on Certain Transactions
Involving Perpetrators of Genocide and State Sponsors of
Terrorism Without Congressional Authorization.--Section 6(b)
of the Special Drawing Rights Act (22 U.S.C. 286q(b)) is
amended by adding at the end the following:
``(3) Unless Congress by law authorizes such action,
neither the President nor any person or agency shall on
behalf of the United States engage in any voluntary
transaction involving the exchange of Special Drawing Rights
that are held by a member country of the Fund, if the
Secretary of State has found that the government of the
member country--
``(A) has committed genocide at any time during the 1-year
period ending with the date of the transaction; or
``(B) has repeatedly provided support for acts of
international terrorism.
``(4) The Secretary of the Treasury shall direct the United
States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice
and vote of the United States to--
``(A) oppose the provision of financial assistance to any
government with respect to which the Secretary of State has
made a finding described in paragraph (3); and
``(B) seek to ensure that the member countries of the
institution do not engage in voluntary transactions involving
the exchange of Special Drawing Rights held by such a
government.
``(5) Waiver.--The President may waive paragraphs (3) and
(4) on a case-by-case basis if the President reports to the
Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the waiver is in the national interest of the
United States, and includes a detailed explanation of the
reasons therefor.''.
(b) Repeal.--Effective on the date that is 10 years after
the date of the enactment of this Act, paragraphs (3) through
(5) of section 6(b) of the Special Drawing Rights Act, as
added by subsection (a) of this section, are repealed.
(c) Energy Security and IMF Accountability.--
(1) In general.--The Secretary of the Treasury may, through
December 31, 2031, make direct loans not to exceed
$21,000,000,000 in the aggregate to the Poverty Reduction and
Growth Trust (in this subsection referred to as the ``PRGT'')
of the International Monetary Fund (in this subsection
referred to as the ``IMF''), provided that funds made
available in prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the heading ``Contributions to International Monetary
Fund Facilities and Trust Funds'' shall be available to cover
the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of loans to the PRGT, subject to
paragraph (2).
(2) Limitation.--No portion of the funds described under
paragraph (1) may be used for the provision of loans by the
United States to the Resilience and Sustainability Trust (in
this subsection referred to as the ``RST'') of the IMF, or
for the transfer of resources from the PRGT to the RST.
(d) Congressional Notification With Respect to Exceptional
Access Lending.--
(1) In general.--The Bretton Woods Agreements Act (22
U.S.C. 286-286zz) is amended by adding at the end the
following:
``SEC. 74. CONGRESSIONAL NOTIFICATION WITH RESPECT TO
EXCEPTIONAL ACCESS LENDING.
``(a) In General.--The United States Executive Director at
the Fund may not support any proposal that would alter the
criteria used by the Fund for exceptional access lending if
the proposal would permit a country that is ineligible,
before the proposed alteration, to receive exceptional access
lending, unless, not later than 15 days before consideration
of the proposal by the Board of Executive Directors of the
Fund, the Secretary of the Treasury has submitted to the
Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the justification for the proposal and the
effects of the proposed alteration on moral hazard and
repayment risk at the Fund.
``(b) Waiver.--The Secretary of the Treasury may reduce the
applicable notice period required under subsection (a) to not
less than 7 days on reporting to the Committee on Financial
Services of the House of Representatives and Committee on
Foreign Relations of the Senate that the reduction is
important to the national interest of the United States, with
an explanation of the reasons therefor.''.
(2) Repeal.--Effective on the date that is 10 years after
the date of the enactment of this Act, section 74 of the
Bretton Woods Agreements Act, as added by paragraph (1) of
this subsection, is repealed.
(e) New Arrangements to Borrow.--
(1) Extension.--Section 17(a)(6) of the Bretton Woods
Agreements Act (22 U.S.C. 286e-2(a)(6)) is amended by
striking ``December 31, 2025'' and inserting ``December 31,
2030''.
(2) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall submit to the Committee on Financial Services of the
House of Representatives and the Committee on Foreign
Relations of the Senate a strategy with respect to the New
Arrangements to Borrow (NAB) of the International Monetary
Fund, including any recommendations to reduce the resources
of the NAB beyond reductions proposed under the 16th General
Review of Quotas, that maintains United States support for
the International Monetary Fund as a quota-based institution.
[[Page H1478]]
extension of certain requirements of the president's emergency plan for
aids relief
Sec. 7072. (a) Inspectors General and Annual Study.--
Section 101 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7611) is
amended--
(1) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``2023'' and inserting
``March 25 of fiscal year 2025''; and
(B) in subparagraph (C)(iv)--
(i) by striking ``nine'' and inserting ``eleven''; and
(ii) by striking ``2023'' and inserting ``2025''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``September 30, 2024''
and inserting ``March 25, 2025''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``2024'' and inserting
``2025''; and
(ii) by striking ``September 30, 2024'' and inserting
``March 25, 2025''.
(b) Participation in the Global Fund to Fight AIDS,
Tuberculosis, and Malaria.--Section 202(d) of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7622(d)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``2023'' and inserting
``March 25 of fiscal year 2025''; and
(ii) in clause (ii), by striking ``2023'' and inserting
``March 25 of fiscal year 2025''; and
(B) in subparagraph (B)(iii), by striking ``2023'' and
inserting ``2024 and March 25 of fiscal year 2025''; and
(2) in paragraph (5), by striking ``2023'' and inserting
``2024 and for fiscal year 2025 through March 25 of such
fiscal year''.
(c) Allocation of Funds.--Section 403 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7673) is amended--
(1) in subsection (b), by striking ``2023'' and inserting
``2024 and fiscal year 2025 through March 25 of such fiscal
year''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2023'' and inserting ``2024 and for fiscal
year 2025 through March 25 of such fiscal year''.
gaza oversight
Sec. 7073. (a) Certification.--The Secretary of State shall
certify and report to the appropriate congressional
committees not later than 15 days after the date of enactment
of this Act, that--
(1) oversight policies, processes, and procedures have been
established by the Department of State and the United States
Agency for International Development, as appropriate, and are
in use to prevent the diversion to Hamas and other terrorist
and extremist entities in Gaza and the misuse or destruction
by such entities of assistance, including through
international organizations; and
(2) such policies, processes, and procedures have been
developed in coordination with other bilateral and
multilateral donors and the Government of Israel, as
appropriate.
(b) Oversight Policy and Procedures.--The Secretary of
State and the USAID Administrator shall submit to the
appropriate congressional committees, concurrent with the
submission of the certification required in subsection (a), a
written description of the oversight policies, processes, and
procedures for funds appropriated by this Act that are made
available for assistance for Gaza, including specific actions
to be taken should such assistance be diverted, misused, or
destroyed, and the role of the Government of Israel in the
oversight of such assistance.
(c) Requirement to Inform.--The Secretary of State and
USAID Administrator shall promptly inform the appropriate
congressional committees of each instance in which funds
appropriated by this Act that are made available for
assistance for Gaza have been diverted, misused, or
destroyed, to include the type of assistance, a description
of the incident and parties involved, and an explanation of
the response of the Department of State or USAID, as
appropriate.
(d) Third Party Monitoring.--Funds appropriated by this Act
shall be made available for third party monitoring of
assistance for Gaza, including end use monitoring, following
consultation with the appropriate congressional committees.
(e) Report.--Not later than 90 days after the initial
obligation of funds appropriated by this Act that are made
available for assistance for Gaza, and every 90 days
thereafter until all such funds are expended, the Secretary
of State and the USAID Administrator shall jointly submit to
the appropriate congressional committees a report detailing
the amount and purpose of such assistance provided during
each respective quarter, including a description of the
specific entity implementing such assistance.
(f) Assessment.--Not later than 90 days after the date of
enactment of this Act and every 90 days thereafter until
September 30, 2025, the Secretary of State, in consultation
with the Director of National Intelligence and other heads of
elements of the intelligence community that the Secretary
considers relevant, shall submit to the appropriate
congressional committees a report assessing whether funds
appropriated by this Act and made available for assistance
for the West Bank and Gaza have been diverted to or destroyed
by Hamas or other terrorist and extremist entities in the
West Bank and Gaza: Provided, That such report shall include
details on the amount and how such funds were made available
and used by such entities: Provided further, That such
report may be submitted in classified form, if necessary.
(g) Consultation.--Not later than 30 days after the date of
enactment of this Act but prior to the initial obligation of
funds made available by this Act for humanitarian assistance
for Gaza, the Secretary of State and USAID Administrator, as
appropriate, shall consult with the Committees on
Appropriations on the amount and anticipated uses of such
funds.
other matters
(including rescissions of funds)
Sec. 7074. (a) Funds appropriated or otherwise made
available by this Act for programs to counter foreign
propaganda and disinformation, and for related purposes, may
only be made available for the purpose of countering such
efforts by foreign state and non-state actors abroad,
including through programs of the Global Engagement Center
established pursuant to section 1287 of the National Defense
Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note):
Provided, That not later than 90 days after enactment of
this Act but prior to the initial obligation of funds made
available for the Global Engagement Center, the Secretary of
State shall submit a report to the appropriate congressional
committees detailing the steps taken by the Department of
State to resolve each of the 18 recommendations detailed in
the Office of Inspector General, Department of State, report
``Inspection of the Global Engagement Center'' (ISP I-22-15).
(b) None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to fly or
display a flag over a facility of the United States
Department of State other than the--
(1) United States flag;
(2) Foreign Service flag pursuant to 2 FAM 154.2-1;
(3) POW/MIA flag;
(4) Hostage and Wrongful Detainee flag, pursuant to section
904 of title 36, United States Code;
(5) flag of a State, insular area, or the District of
Columbia at domestic locations;
(6) flag of an Indian Tribal government;
(7) official branded flag of a United States agency; or
(8) sovereign flag of other countries.
(c) Funds may be transferred to the United States Section
of the International Boundary and Water Commission, United
States and Mexico, from Federal or non-Federal entities, to
study, design, construct, operate, and maintain treatment and
flood control works and related structures, consistent with
the functions of the United States Section: Provided, That
such funds shall be deposited in an account under the heading
``International Boundary and Water Commission, United States
and Mexico'', to remain available until expended.
(d) During fiscal year 2024, section 614(a)(4)(A)(ii) of
the Foreign Assistance Act of 1961 (22 U.S.C.
2364(a)(4)(A)(ii)) shall be applied by substituting
``$500,000,000'' for ``$250,000,000''.
(e)(1) Of the unobligated balances from amounts in the
Department of the Treasury Forfeiture Fund, established by
section 9705 of title 31, United States Code, $260,000,000
are hereby permanently rescinded, not later than September
30, 2024.
(2) Of the unobligated balances from amounts made available
by section 104A(m) of Public Law 103-325 (12 U.S.C.
4703a(m)), $50,000,000 are hereby permanently rescinded.
(3) Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of
Public Law 110-161, $50,000,000 are hereby rescinded not
later than September 30, 2024.
rescissions
(including rescissions of funds)
Sec. 7075. (a) Millennium Challenge Corporation.--Of the
unobligated balances from amounts made available under the
heading ``Millennium Challenge Corporation'' from prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, $475,000,000 are rescinded.
(b) Embassy Security, Construction, and Maintenance.--Of
the unobligated balances from amounts made available under
the heading ``Embassy Security, Construction, and
Maintenance'' from prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $224,000,000 are rescinded.
(c) International Narcotics Control and Law Enforcement.--
Of the unobligated balances from amounts made available under
the heading ``International Narcotics Control and Law
Enforcement'' from prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $50,000,000 are rescinded.
(d) Economic Support Fund.--Of the unobligated balances
from amounts made available under the heading ``Economic
Support Fund'' from prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $152,496,000 are rescinded.
(e) Consular and Border Security Programs.--Of the
unobligated balances available in the ``Consular and Border
Security Programs'' account, $902,340,000 are rescinded.
(f) Export-Import Bank.--Of the unobligated balances from
amounts made available under the heading ``Export and
Investment Assistance, Export-Import Bank of the
[[Page H1479]]
United States, Subsidy Appropriation'' for tied-aid grants
from prior Acts making appropriations for the Department of
State, foreign operations, and related programs, $114,130,000
are rescinded.
(g) Restriction.--No amounts may be rescinded from amounts
that were previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2024''.
DIVISION G--OTHER MATTERS
TITLE I--EXTENSIONS AND OTHER MATTERS
SEC. 101. NATIONAL FLOOD INSURANCE PROGRAM.
(a) Financing.--Section 1309(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a)) shall be applied by
substituting ``September 30, 2024'' for ``September 30,
2023''.
(b) Program Expiration.--Sections 1319 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4026) shall be applied
by substituting ``September 30, 2024'' for ``September 30,
2023''.
(c) Retroactive Effective Date.--This section shall take
effect as if enacted on September 30, 2023.
SEC. 102. RURAL HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2024'' for ``September 30,
2015''.
SEC. 103. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting ``September 30, 2024'' for
``September 30, 2015''.
SEC. 104. NON-MINISTER RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be
applied by substituting ``September 30, 2024'' for
``September 30, 2015'' each place such date appears.
SEC. 105. H-2B SUPPLEMENTAL VISA EXEMPTION.
Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security,
after consultation with the Secretary of Labor, and upon the
determination that the needs of United States businesses
cannot be satisfied during fiscal year 2024 with United
States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the
total number of aliens who may receive a visa under section
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year by not more than
the highest number of H-2B nonimmigrants who participated in
the H-2B returning worker program in any fiscal year in which
returning workers were exempt from such numerical limitation.
SEC. 106. NATIONAL CYBERSECURITY PROTECTION SYSTEMS.
Section 227(a) of the Federal Cybersecurity Enhancement Act
of 2015 (6 U.S.C. 1525(a)) is amended by striking ``September
30, 2023'' and inserting ``September 30, 2024''.
SEC. 107. PRICE-ANDERSON ACT.
(a) Extension.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended by striking ``December 31, 2025'' each
place it appears and inserting ``December 31, 2065''.
(b) Liability.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended--
(1) in subsection d. (5), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''; and
(2) in subsection e. (4), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''.
(c) Report.--Section 170 p. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(p)) (commonly known as the ``Price-
Anderson Act'') is amended by striking ``December 31, 2021''
and inserting ``December 31, 2061''.
(d) Definition of Nuclear Incident.--Section 11 q. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in
the second proviso, by striking ``if such occurrence'' and
all that follows through ``United States:'' and inserting a
colon.
SEC. 108. PASSENGER SECURITY FEE.
(a) In General.--Section 44940 of title 49, United States
Code, is amended in subsection (i)(4)(G) by striking
``$1,560,000,000'' and inserting ``$760,000,000''.
(b) Application.--This section shall be applied as if it
were in effect on October 1, 2023.
SEC. 109. EXTENSION OF NON-MEDICARE SEQUESTER.
Section 251A(6) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended by
inserting after subparagraph (D) the following:
``(E) The sequestration order issued by the President under
subparagraph (D) shall also include, effective upon issuance,
that--
``(i) the percentage reduction for nonexempt direct
spending for the defense function is 4.0 percent; and
``(ii) except as provided in subparagraph (D), the
percentage reduction for nonexempt direct spending for
nondefense functions is 2.8 percent.''.
TITLE II--UDALL FOUNDATION REAUTHORIZATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Udall Foundation
Reauthorization Act of 2024''.
SEC. 202. INVESTMENT EARNINGS.
Section 8(b)(1) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5606(b)(1)) is amended by adding at
the end the following: ``Beginning on October 1, 2023, and
thereafter, interest earned from investments made with any
new appropriations to the Trust Fund shall only be available
subject to appropriations and is authorized to be
appropriated to carry out the provisions of this Act.''.
SEC. 203. REAUTHORIZATION OF THE UDALL FOUNDATION TRUST FUND.
Section 13 of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``2023'' and inserting
``2029'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``2023'' and inserting ``2029''; and
(3) in subsection (c), by striking ``5-fiscal year period''
and all that follows through the period at the end and
inserting ``5-fiscal year period beginning with fiscal year
2025.''.
SEC. 204. AUDIT OF THE FOUNDATION.
Not later than 4 years after the date of enactment of this
section, the Inspector General of the Department of the
Interior shall complete an audit of the Morris K. Udall and
Stewart L. Udall Foundation.
TITLE III--FUNDING LIMITATION FOR UNITED NATIONS RELIEF AND WORKS
AGENCY
SEC. 301. FUNDING LIMITATION.
Notwithstanding any other provision of any other division
of this Act, funds appropriated or otherwise made available
by this Act or other Acts making appropriations for the
Department of State, foreign operations, and related
programs, including provisions of Acts providing supplemental
appropriations for the Department of State, foreign
operations, and related programs, may not be used for a
contribution, grant, or other payment to the United Nations
Relief and Works Agency, notwithstanding any other provision
of law--
(1) for any amounts provided in prior fiscal years or in
fiscal year 2024; or
(2) for amounts provided in fiscal year 2025, until March
25, 2025.
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 (2 U.S.C. 933(d)).
(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 (2 U.S.C. 900(c)(8)), the budgetary effects of this
division shall not be estimated--
(1) for purposes of section 251 of such Act (2 U.S.C. 901);
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)); and
(3) for purposes of section 3(4)(C) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 932(4)(C)) as being included
in an appropriation Act.
(d) Exceptions.--Notwithstanding subsection (c), the
budgetary effects of the offsetting collections authorized
under section 44940 of title 49, United States Code, as
amended by section 108 of this division of this Act, that are
made available in division C of this Act shall be estimated
for purposes of section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
The SPEAKER pro tempore (Mrs. Kim of California). Pursuant to the
rule, the gentlewoman from Texas (Ms. Granger) and the gentlewoman from
Connecticut (Ms. DeLauro) each will control 20 minutes.
Mr. ROY. Madam Speaker, I claim the time in actual opposition.
The SPEAKER pro tempore. Is the gentlewoman from Connecticut opposed
to the motion?
Ms. DeLAURO. Madam Speaker, I am not opposed.
The SPEAKER pro tempore. As such, the gentleman from Texas (Mr. Roy)
will control 20 minutes in opposition.
The Chair recognizes the gentlewoman from Texas (Ms. Granger).
Ms. GRANGER. Madam Speaker, I rise today in support of the
appropriations package. I thank all the Members and staff who were
involved in this process. We looked hard at our needs and developed a
package to carry us through the process.
Two weeks ago, I talked about the changes House Republicans made
regarding how we fund the government.
[[Page H1480]]
We made targeted cuts to wasteful programs and developed a package that
is proof of that.
We looked at each need, and it was clear that the world is becoming a
more dangerous place. We made changes and decided on efforts that
include countering China, developing next-generation weapons, and
investing in the quality of life of our servicemembers.
I am proud to say that this bill strengthens our national security
and funds critical defense efforts. This package also includes other
key priorities. It continues our strong support of Israel, combats the
flow of illegal drugs, and fully funds medical research for cancer and
chronic diseases.
Against all odds, House Republicans refocused spending on America's
most crucial needs at home and abroad. I urge my colleagues to support
this bill, and I reserve the balance of my time.
Mr. ROY. Madam Speaker, here we are again. The swamp is back in full
force. We have a 1,000-page bill of $1.2 trillion filled with all
manner of spending priorities that are at odds with the American
people. That is what we have in front of us.
This bill is over 1,000 pages long. It contains hundreds of pages of
report language, 1,400 earmarks, and we have had about 24 hours to
review it. That is not the way to do business. The American people and
American families are the ones left holding the bag. This is business
as usual in the swamp.
Here is the deal to my Republican colleagues: You will own every
single bit of this. If you vote for this bill, you own it. DHS funding
contingent on signing H.R. 2 into law, that is what we did last year to
make sure our border will be secure. That is punted, so you own it.
Defunding Alejandro Mayorkas. We did that in our bill. This punts
that. It is no longer there. You own it.
Prohibiting mass parole and release of illegal aliens via the CBP One
app. We did that in our bill last year. This bill gets rid of it. You
own it. You own the continued mass parole of illegal aliens into our
country. You own that. That is the truth.
It was mass parole that led to a Venezuelan gang member coming into
the United States and killing Laken Riley. My Republican colleagues
cannot go campaign against mass parole and use the name of Laken Riley
because you pass a bill in her name when you fund the very policies
that led to her death.
{time} 1015
I hear all this, that we are going to increase ICE beds, and we are
going to increase the numbers for Border Patrol.
The increased numbers for Border Patrol will process more illegal
aliens. The increased number of beds for ICE will not be used because
there are memos in place by Alejandro Mayorkas, whom we impeached and
whom this bill will fund. Those ICE beds will not be filled. They won't
be used, and we know it.
We set out to prohibit DHS from fast-tracking asylum. This bill
doesn't do that.
We set out to make sure that this border would be secure and that you
could end what happened yesterday in Texas where 100 illegal aliens
bum-rushed our border, rolled over the Texas National Guard, fled into
this country, and went to Border Patrol to get released into the United
States.
That is what this bill continues to fund. Any of my Republican
colleagues who want to spend this year campaigning against open
borders, it is a laugh because today, if you vote for this abomination
of a bill, you will be voting to fund it. You will be voting to fund
the very policies that you will campaign against.
Madam Speaker, I reserve the balance of my time.
General Leave
Ms. GRANGER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. GRANGER. Madam Speaker, I ask unanimous consent to yield 10
minutes of my time to the gentlewoman from Connecticut (Ms. DeLauro),
and that she be allowed to control the time.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. DeLAURO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I am delighted and relieved to be finally closing out
fiscal year 2024, and for that, I thank Chairwoman Kay Granger, Chair
Patty Murray, and Vice Chair Susan Collins.
I am proud to have made history with such experienced appropriators.
Madam Speaker, 2024 marks the first time negotiations on government
funding have been led on all four corners by women.
I have many others to thank--subcommittee ranking members and chairs
and staff on both sides of the aisle--and I will be submitting these
names for the record.
I strongly support the bipartisan bill, which funds the majority of
the United States Government.
This bill sides with the hardworking majority of Americans. It helps
to lower the cost of living, protects women's rights and access to
reproductive healthcare, reinforces America's global leadership, and
helps our communities be safe and secure.
I am pleased that Democrats and Republicans again united to make
government work for the people of this country.
Like the funding bill we passed earlier this month, this legislation
does not have everything either side may have wanted, but I am
satisfied that many of the extreme cuts and the policies proposed by
House Republicans were rejected.
I am enormously proud that we are providing an increase of $1 billion
for childcare and Head Start, expanding access to quality and
affordable childcare for hardworking families.
We increased title I education funding, protecting 224,000 teachers'
jobs that House Republicans tried to eliminate.
I am also pleased that we successfully defeated every one of the
Republicans' extreme policy riders in the Labor-HHS bill.
In this package, we prioritize the men and women in our armed
services and their families by securing pay and allowance increases of
over 5 percent, the highest increase in decades.
We invest in global health and support 12,000 special immigrant visas
for Afghans who assisted the United States.
Critically, we strengthened our border security.
I urge swift passage of this package, and I look forward to moving on
to how we can best serve the American people in fiscal year 2025.
Madam Speaker, I reserve the balance of my time.
Mr. ROY. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Florida (Mrs. Luna).
Mrs. LUNA. Madam Speaker, I rise in opposition to speak against the
current omnibus that we are seeing hitting the floor today.
This administration and many people on both sides talk about how they
want to champion Black and Brown people in this country, and that is a
direct quote from a recent press release from the Biden administration.
The fact is that this omnibus, this government being open and allowing
for open borders, is doing nothing but actually hurting those
communities.
What we are seeing right now at the border is a rise in crime. We are
seeing these very communities being impacted by the rise in gang
violence. Frankly, it has been disgusting to watch crony capitalists
push the importation of cheap labor.
I don't know if anyone has recently witnessed what happened with
Tyson Farms, but they actually fired Americans to hire immigrant
workers, a.k.a. illegals. After September 25, 2023, they were probed by
the Federal Government over the employment of migrant children, who
likely washed the bloody floors and razor-sharp machines.
Why would anyone want to continue to fund a government that, A, is
complicit in this, but, B, is also responsible for losing 85,000
migrant children?
The fact is that we cannot continue down this path. It is hurting all
people. I think if you want to claim to protect minorities, then you
need to ensure
[[Page H1481]]
that you are putting Americans first and not simply just using that as
a way to get elected while stabbing Americans in the back and hurting
our communities.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
California (Mr. Calvert), the chairman of the Subcommittee on Defense.
Mr. CALVERT. Madam Speaker, I rise today in strong support of the
negotiated appropriations package.
Today is zero hour. We are out of time. Today's vote may be the most
consequential of your lifetime.
Right now, our troops around the world are facing multiple threats.
Our supremacy on land, sea, air, and space is being challenged, and our
allies are under attack.
I could go through a long list of vital programs and funding included
in this bill--the wins for our troops, the historic funding for
innovation and counter-drug activities, and the focus on countering
China. Time is short, and the stakes have never been higher.
For the Members who are considering voting against the bill due to
objections in other titles and are under the impression that if this
bill fails, we will have another chance to vote for a full-year Defense
bill, I want to be very clear: This is it.
Every Member must understand the impact of not passing this package.
The only other option will be a full-year continuing resolution, which
will devastate our national security and put our country at risk.
A CR will cut defense spending by $27 billion and trigger additional
cuts from sequestration. This is something that has not happened in the
history of this country and will cut our military off at the knees in
the midst of the most dangerous period we have seen since World War II.
A CR maintains policies negotiated by the last Congress, eliminates
all Member priorities from the bill, and gives the Biden administration
the freedom to shift appropriations as they see fit.
Simply put, we will cede all congressional authority and oversight on
spending to the Biden administration. A CR would be an abdication of
our responsibility to our military and to this body.
A ``no'' vote is a vote for China, Russia, Iran, North Korea, and
Hamas. Vote ``yes'' for our men and women in uniform, for all
Americans, and for our country.
Ms. DeLAURO. Madam Speaker, I yield 1 minute to the gentleman from
New York (Mr. Jeffries), the distinguished Democratic leader.
Mr. JEFFRIES. Madam Speaker, I thank the distinguished gentlewoman
from the great State of Connecticut for yielding, the Honorable Rosa
DeLauro. I thank her for her extraordinary leadership throughout this
process and getting us to this principled result.
I thank all the appropriators for their extraordinary work, on the
Democratic side and on the Republican side, as part of the effort to
complete the fiscal year 2024 appropriations.
This hasn't been a perfect process, but we should never let the
perfect be the enemy of the good when it comes to solving problems on
behalf of hardworking American taxpayers.
This is a good result for the American people in terms of standing up
for their health, their safety, their education, their national
security protection, and, of course, above all else, their economic
well-being, a bipartisan process leading to a bipartisan result that
will hopefully lay a foundation for us to continue to do the work of
the American people together.
We have said from the very beginning of this Congress that, as
Democrats, we will find bipartisan common ground with our Republican
colleagues on any issue, whenever and wherever possible, as long as it
will make life better for the American people. That is exactly what
House Democrats continue to do.
At the same time, we have said we will push back against extremism
whenever necessary.
We will always defend a woman's freedom to make her own reproductive
healthcare decisions.
We will always defend the gorgeous mosaic of the American people and
push back against unnecessary attacks against diversity, equity, and
inclusion. These are American values.
We will always fight to protect and strengthen Social Security and
Medicare.
We will always put people over politics.
We hope that that will continue, not just on the Democratic side but
together to solve problems for the American people.
As soon as we complete this work, let us turn to our national
security priorities and make sure that we don't abandon the people of
Ukraine in their hour of greatest need as they fight for principles
like democracy, freedom, and truth, and push back against autocracy,
tyranny, and propaganda.
America should always stand on the side of principles like democracy,
freedom, and truth, and that means standing with the people of Ukraine.
I thank, once again, the appropriators for their leadership in
concluding this process. I urge everybody to support this legislation.
I hope that as we move forward in our promise to you and, more
importantly, to the American people, who expect that in this Congress
we should have more common sense and less chaos, more decency and less
dysfunction, and more exceptionalism and less extremism, our promise to
you is that we will do our best to put people over politics. We hope
that you will do the same.
Vote ``yes'' on this bill.
Mr. ROY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, the Democratic leader talks about the mosaic. I assume
by the mosaic, which anyone who votes for this bill today will be
supporting, we are talking about $156,000 for the Hartford Gay and
Lesbian Health Collective, an organization self-described as champions
of LGBTQIA equity and provides training in cultural competency and
access to healthcare for LGBTQ youth, or $2 million to an Oregon clinic
that provides hormone therapy for kids, or the $850,000 for gay senior
housing in Massachusetts, or $400,000 for Briarpatch Youth Services in
Wisconsin that has gender-affirming clothing program for kids 13 to 18,
or $400,000 to the Garden State Equality Education Fund, which helps
minors transition genders, promotes biological boys playing girls'
sports and using the same restrooms.
I could go on and on. How about the million dollars for the Inner-
City Muslim Network, which calls for the destruction of Israel? That is
what we are funding. That is precisely what we are funding in this
legislation.
When the Democratic leader talks about a mosaic, that is what he is
talking about.
My Republican colleagues, who will campaign against it all year--they
will--they are voting to fund it today.
To be very clear, my Republican colleagues are voting to fund that
so-called mosaic today unless they choose the right path and vote
against it.
My friend from California, when he talked about the horrors that will
happen if we have a CR, well, we shouldn't be here. This is the swamp
acting like it does: have government funding expire on the Friday
before a 2-week recess heading into Easter precisely to have the
pressure of jet fumes so that the American people are the ones left
holding the bag so that we, Members of Congress, can go off to our
codels, can go travel, can go do your fundraisers, can make sure you
get home. The ones left holding the bag are the American people.
When we talk about this, the game was given up when we talk about
defense. Everything that is happening here is being done in the name of
defense, everything that you see, and talking about our national
security being undermined.
{time} 1030
Well, tell me about national security in Texas when you have the
National Guard getting rolled over in El Paso, when you have Texans
dying from fentanyl poisoning, when you have gangs and cartels
operating in Texas. Talk to me about national security then.
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Arizona
(Mr. Biggs).
Mr. BIGGS. Madam Speaker, the gentlewoman from Connecticut (Ms.
DeLauro) said that in this bill they were able to successfully reject
Republicans' request for spending reductions and rejected Republicans'
request for riders. Yet, somehow, the Republicans
[[Page H1482]]
are going to vote for that. That is outrageous.
She is right, though. She got the spending. She killed the riders.
When I hear that a vote against this is a vote for China, what we
really are saying is a vote for this is a vote for Chinese terrorism
because we have had over 30,000 illegal aliens from China come across
the border with this border policy.
What you are going to get is you are voting actually to speed up the
process of redistribution of illegal aliens that come in because that
is what the funding is going to go for.
You are talking about beds? Those beds are going to go empty.
Why? Because you are going to ship these people out as soon as they
get here. That is what is happening within 24 hours.
So the crimes, the fentanyl death, the terrorist initiatives that are
coming our way, you vote for this, you are funding it, you own it.
Ms. GRANGER. Madam Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Diaz-Balart), the chairman of the State, Foreign
Operations, and Related Programs Subcommittee.
Mr. DIAZ-BALART. Madam Speaker, I thank the chairwoman for yielding
and also the Speaker for bringing us to this point.
Let me tell you, I am proud of the State, Foreign Operations, and
Related Programs portion of the bill that we are dealing with today.
Let's take out a little bit of the noise and the rhetoric and let's
talk about what is in the bill. It includes a 6 percent reduction from
fiscal year 2023.
Let's be clear, we are at a critical point in our history. One of our
most important allies is in its time of greatest need, and this bill
answers the call. It is the strongest pro-Israel State-Foreign
Operations bill that we have ever seen.
So let's talk about facts. It provides $3.3 billion in FMF, Foreign
Military Financing, for Israel.
Almost as important as what is funded, is what is not funded in this
bill. The bill prohibits funds to UNRWA, which has become, frankly, a
de facto subsidiary of Hamas.
The passage of this bill means not one additional dollar from
American taxpayers will fund this deeply flawed organization. But if we
go to a CR, we are going to continue to fund it.
The passage of this bill also prohibits funds for the anti-Semitic UN
Commission of Inquiry against Israel.
The passage of this bill means no funds can be used to delist the
Iranian Revolutionary Guard as a terrorist organization or to implement
that infamous nuclear agreement with Iran.
Another top priority, Madam Speaker, is countering Communist China.
This bill includes $300 million Foreign Military Financing for Taiwan--
the first time ever in an appropriations bill that we have done that.
The passage of this bill prohibits the use of foreign aid to repay
Chinese debt.
Also another priority to strengthening our national security is
supporting democracy around the world and defending human rights and
human dignity.
This bill increases funding to promote democracy and human rights in
Cuba and establishes strict guidelines to ensure that this crucial
funding supports the democratic opposition.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. GRANGER. Madam Speaker, I yield an additional 2 minutes to the
gentleman from Florida.
Mr. DIAZ-BALART. So it helps the democratic opposition and not the
terrorist regime's chosen businesses.
We also stand strongly against human trafficking and particularly
human trafficking of doctors.
This bill also supports those struggling for freedom in our
hemisphere's most repressive, anti-American dictatorships in Venezuela
and Nicaragua.
If we fail to pass this bill, we lose provisions on the prohibition
of funds for encouraging, organizing, facilitating, or promoting
migrant caravans to the United States border.
If this bill fails, then those funding sources to again,
organizations that are promoting caravans of illegal folks to the
United States will continue. That is factual. That is in this bill.
If this legislation were not to pass, we lose the protection of free
speech by limiting how funds can be used under the pretext of
countering disinformation.
If this legislation were not to pass, we would go back to current
law.
We would lose the restriction that only the U.S. flag may be flown or
displayed over a facility of the State Department.
Madam Speaker, this bill reduces spending. It reprioritizes funding
towards our vital national security interests and carries crucial
limitations and smart policy changes to rein in the Biden
administration. If this bill were to fail, we are giving carte blanche
to the Biden bureaucracy.
It is a dramatic improvement, Madam Speaker, from current law.
Before I close, let me thank the staff for their hard work, and
again, Madam Speaker, this is an important bill at a crucial, critical
time when American leadership is sorely needed. We are not getting it
from the White House. This bill goes a long way to reestablish
American leadership.
Ms. DeLAURO. Madam Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), the distinguished ranking member of the Financial
Services and General Government Subcommittee.
Mr. HOYER. Madam Speaker, 1 minute is too little time.
The Financial Services bill is a good bill. It is the responsible
alternative.
It is ironic that the group that has made compromise the most
difficult over the last year continues to oppose compromise.
Legislative action is about compromise. This is a responsible
compromise.
As so many of the chairs of the subcommittees on the Republican side
have said, the alternative is the least responsible action that we
could take.
I urge my colleagues to vote for this bill as the responsible,
effective alternative, notwithstanding the fact that the operations up
to this point of the Appropriations Committee have not been what they
ought to be, and we all understand that.
It is our collective failure caused, as I said, by a group who does
not want compromise.
Pass this bill.
America needs this bill.
It is a shame it is not going to be followed by passing aid for
Ukraine.
Mr. ROY. Madam Speaker, the distinguished former majority leader
brings up FSGG, the Financial Services and General Government bill.
What he left out was the fact that we are going to give $200 million to
the FBI for its new headquarters, even after Republicans touted in the
last massive omnibus bill that we are cutting the FBI and then relied
upon getting rid of an earmark in Alabama to claim that it was a bigger
cut than it really is.
Now what is happening to the American people, guess what? The FBI is
getting a brand-new, shiny headquarters, despite running roughshod over
the American people, spying on them. By the way, we extended FISA to
continue spying on the American people.
We also failed to prohibit the Treasury from establishing a central
bank digital currency. House Republicans passed that. In this deal that
was cut we don't do that. Why? Why? Why would it be so abhorrent to ban
a central bank digital currency?
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from South
Carolina (Mr. Norman), my friend.
Mr. NORMAN. Madam Speaker, I woke up this morning to a text from an
elderly lady saying that we are under attack, can Congress do anything
to protect our borders? The blood of further deaths of Americans is on
your hands.
I disagree with my good friends on the right side. This is anything
but a national security bill. Look at what is happening at the border.
Look at what is happening to the agents that got bum-rushed in El Paso
last night.
Now, anybody that votes for this bill, you are saying--and for all
the listeners, are you agreeing to $500 million for Jordan, including
$150 million for border security in Jordan?
Are you agreeing, and do you like $125 million to help Egyptians
attend college in Egypt?
Is this where you want your money?
Do you want $286 million for title X family planning, which is an
abortion clinic?
Folks, the list goes on and on.
This is insanity.
Here is the fix: I call on our Speaker--he is the only one that can
do it--
[[Page H1483]]
to vote this bill down. Take that mace down--which has to be in place;
it has been in place for 182 years to have a session in the House of
Representatives--cut the lights off, and until the Senate accepts a
total shutdown of the border, until they accept a total H.R. 2, we
don't come back.
Why fund a government that is working against us? It is total
insanity.
Ms. GRANGER. Madam Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Joyce), the chairman of the Homeland Security Subcommittee.
Mr. JOYCE of Ohio. Madam Speaker, I rise today in support of the
package of appropriations bills under consideration.
As chairman of the Homeland Security Subcommittee, I thank the full
committee chair, Ms. Granger, for her leadership in assembling funding
packages that reflect strong Republican priorities.
The crisis at our southwest border has raged under the Biden
administration. More than 2 million migrants crossed the border each of
the last 2 years. That is not sustainable.
So this bill makes key investments to secure the border, expand
detention, improve technology, and deter illegal immigration.
Under this bill, we provide $500 million to reach an end strength of
22,000 border agents consistent with H.R. 2.
To counter fentanyl, this bill provides $305 million for nonintrusive
inspection equipment at our Nation's ports of entry.
This bill ensures ICE has the detention capacity it needs to enforce
the law by providing 41,500 detention beds.
Without this funding, ICE would have released more than 10,000
current detainees who pose a threat to our communities.
This bill also provides the Coast Guard with two Fast Response
Cutters to counter Chinese aggression in the Pacific. Additionally,
this bill fully funds the Coast Guard's military pay raise, keeping our
promise of supporting our troops.
Simply put, this bill ensures that men and women of the Department of
Homeland Security who work tirelessly on our behalf have the resources
and tools they need to protect this great Nation.
It reflects strong Republican priorities, cuts wasteful spending, and
prioritizes securing the border.
We cannot surrender this progress for a wasteful and harmful
government shutdown.
I ask my colleagues to support this bill.
Ms. DeLAURO. Madam Speaker, I yield 1 minute to the gentlewoman from
Minnesota (Ms. McCollum), the distinguished ranking member of the
Defense Subcommittee.
Ms. McCOLLUM. Madam Speaker, well, it is no secret that this
appropriations cycle was tough, and as ranking member of the Defense
Appropriations Subcommittee, I thank--really thank--Chairman Calvert
for working in a bipartisan manner to get the Defense bill done.
This compromise Defense bill is focused on two things--national
security and our servicemembers and their families.
This bill provides our servicemembers with the training and the
equipment necessary to complete their missions and come home as soon
and safely as possible.
It supports military families with a 5.2 percent pay increase.
It includes a 5.4 percent increase to the basic housing allowance.
This bill restores at least some funding for Ukraine through the
Ukraine Security Assistance Initiative.
But the House must pass the Senate's security supplemental as soon as
possible. I am glad to report that all the partisan riders that were
originally in the Defense House bill have been removed.
Madam Speaker, this minibus shows us that there is only one way to
fund the government, and that is on a bipartisan basis--full stop.
Let's follow this example in the next appropriations cycle. I urge
Members to support the bill.
{time} 1045
Mr. ROY. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from
Georgia (Mr. Clyde).
Mr. CLYDE. Madam Speaker, I say to my House and Senate Republican
colleagues, it is time to put their vote where their values are.
Madam Speaker, you can't claim to be a pro-life champion and then
fund abortion, abortion travel, and aborted fetal tissue research.
You can't rail against President Biden's intentional illegal invasion
and then fund the policies that are causing the chaos without assuming
the same responsibility. Just like you can't flaunt your vote to
impeach Secretary Mayorkas and then fully fund his salary and his
destructive border policies.
Madam Speaker, you can't defend America's Second Amendment liberties
and then fund gun control by the CDC.
You cannot support science and protect young women and then fund
transgender surgeries and fund educational institutions that allow
biological males to compete in women's sports. I don't call them men
because they are not real men. Real men protect women. They don't use
their superior strength to steal the honor, hard work, and achievements
of women.
Madam Speaker, you can't complain about the violation of America's
First Amendment rights and then fund more disinformation governance
boards and government by proxy censorship.
You cannot sound the alarm on our dire economic outlook and
ballooning national debt and then rubberstamp spending higher than
Nancy Pelosi's levels for FY 2023. The list goes on and on.
Republicans simply cannot righteously denounce Democrats' disastrous
policies that are destroying our great country and then turn around and
fund them. After all, if you fund it, you own it.
It is not too late. We promised the American people that we would fix
these problems, not fund them.
I urge my colleagues to vote ``no'' on the swamp's second half
omnibus.
Ms. DeLAURO. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Cuellar), the distinguished ranking member of the
Subcommittee on Homeland Security.
Mr. CUELLAR. Madam Speaker, as the ranking member, I live at the
border. I don't just go visit the border. I know the border. This is a
strong border security bill that we passed in a bipartisan, commonsense
way.
This bill takes away all the poisonous riders and adds bipartisan
riders. It adds the largest number of Border Patrol agents, 22,000
agents. It adds CBP officers at the bridges so they can stop fentanyl.
It adds support staff so they can support the agents. It adds money to
air marines so they can do their work and counter drones. It adds money
for the TSA so they can have pay equity. It adds money to the food and
shelter program, which is important for the border community. It adds
beds that are being used right now, even up to 41,700 beds. It adds
money for deportation when aliens don't have their rights after they
get processed. It fully funds reunification efforts for families that
were unjustly separated. It adds money for the Border Patrol.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. DeLAURO. Madam Speaker, I yield an additional 15 seconds to the
gentleman from Texas.
Mr. CUELLAR. Madam Speaker, it adds money to Stonegarden so local law
enforcement can do their work.
I would say, Madam Speaker, this is the strongest border security
bill that we have. It is fair. I ask folks to support this bill.
Again, I live at the border. I don't go visit. This is a strong
Homeland Security bill.
Mr. ROY. Madam Speaker, I thank my friend from Texas for his remarks,
but I would simply disagree.
All we are doing here is adding beds that aren't going to be used.
All we are doing is adding money for a Border Patrol that won't be
allowed to do their job. They will be processing more people and
releasing them against the law under parole policies that are damaging
the country and that led to Laken Riley's death. That is literally all
this does.
Madam Speaker, I yield 1\1/4\ minutes to the gentlewoman from Georgia
(Ms. Greene).
Ms. GREENE of Georgia. Madam Speaker, I rise in extreme opposition to
the second part of the omnibus bill.
No Republican in the House of Representatives in good conscience can
vote for this bill. It is a complete departure of all of our
principles, especially if you call yourself pro-life. This
[[Page H1484]]
bill funds full-term abortion. This is not a Republican bill. This is a
Chuck Schumer, Democrat-controlled bill coming from the House majority
that is supposed to be controlled by Republicans, yet our majority has
been turned over to the Democrats.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Ms. GREENE of Georgia. Madam Speaker, it is the will of our voters,
and it is the will of Republicans across the country that this bill
should not be brought to the floor.
This bill will absolutely destroy our majority and will tell every
single one of our voters that this majority is a failure.
This is the bill that the White House cannot wait to sign into law.
This is the bill that rips our border wide open and tells every single
person in over 160 countries around the world they can invade our
country, they can run over our Border Patrol, they can run over our
Texas National Guard, they can come in, rape our women, murder our
people, and squat and take over our homes.
Madam Speaker, this is an atrocious attack on the American people.
The Speaker of the House should not bring it to the floor, and this
bill should not pass.
Mr. ROY. Madam Speaker, I yield 1 minute to the gentleman from
Missouri (Mr. Burlison).
Mr. BURLISON. Madam Speaker, I think that this bill defies any kind
of objective understanding of the reality of the situation that we are
in.
We are at $34 trillion in debt. It is the highest debt-to-GDP that we
have experienced in the history of the United States of America, higher
than we experienced after World War II, and we just left a war.
Today, we are at that same level of debt-to-GDP, and yet we are
facing potential wars. This situation is the greatest threat to
national security that there is. To add more debt onto this Nation is
only risking us even further.
Our border is a threat to national security, and yet we are doing
very little to actually fix it in this bill. No matter how much we talk
about some of the things that are in the bill, at the end of the day, I
hear expressions like this, as the swamp people say: Somebody has got
to govern.
Within that statement, therein lies the false pretense that
government is the solution to our problems. Government is the problem.
Mr. ROY. Madam Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Perry).
Mr. PERRY. Madam Speaker, last night, when I was looking over the
bill, I got a text with a film in it, a video clip of soldiers in
uniform being overrun at El Paso, being overrun by illegal foreign
nationals coming into our country, just running right over them.
I don't know what their orders were. I don't know what their rules of
engagement were. I don't know how anybody expected them to stop these
people coming into our country wholesale.
What was amazing and astounding as well, Madam Speaker, is those
folks all ran to the Border Patrol to come into our country illegally.
Border Patrol was ordered by President Biden and Secretary Mayorkas to
allow these people to come into our country.
My friends on the other side of the aisle are going to say we got
more beds and we got more Border Patrol agents. Those agents are going
to process these individuals into our country, and those beds are going
to go unfilled because these people are coming to your town.
Madam Speaker, this bill makes Americans pay for their own sellout,
and I recommend that we all vote ``no.''
Mr. ROY. Madam Speaker, I yield 1 minute to the gentleman from
Kentucky (Mr. Massie).
Mr. MASSIE. Madam Speaker, today we are setting a dangerous
precedent. We are suspending the 3-day rule so that our constituents
don't have time to see what is in this bill.
We know a few things that are in it. We know it spends too much
money. We know it has got money to groom our children, down to ages of
12, into being trans. We know it has got funding for facilities to do
late-term abortions.
Why would Republicans vote for that? It has got a dangerous cocktail
that the swamp has always served, and we are drunk on it today. What is
that cocktail? Earmarks and budget gimmicks with a chaser of the fumes
from DCA, the smell of jet fuel at DCA.
What are we going to do? As soon as we betray Americans by passing
this bill, we are all going to the airport and going on recess for 2
weeks.
This is not the way we should do the Nation's business. We need to
preserve the 3-day rule. We need to follow our own rules. We need to
bring these bills through committee and do regular order.
Madam Speaker, I urge people to vote against this bill.
Mr. ROY. Madam Speaker, may I inquire as to the time remaining?
The SPEAKER pro tempore. The gentleman from Texas has 3\1/4\ minutes
remaining.
Mr. ROY. Madam Speaker, I yield 1 minute to the gentleman from
Arizona (Mr. Crane).
Mr. CRANE. Madam Speaker, I am going to be voting ``no'' for this
bill.
Madam Speaker, first, for my Republican colleagues, it is important
that we understand that the American people don't expect us to win
every time, but they sure as hell expect us to fight. That is not what
we are doing. We should not be fighting for this. This is garbage.
The next thing I want to address real quick is for the American
people. The American people should pay attention to who votes for this.
When they come back to their hometown in their district and talk at the
next Lincoln Day Dinner about fiscal responsibility and securing the
border, if they voted for this, let them hear about it.
Mr. ROY. Madam Speaker, I yield myself such time as I may consume.
The gentleman from Florida a moment ago talked about the fact that we
defund UNRWA, and we defund some policies that are pernicious. I agree
with him. It is a part of the process that we carried out last year
when we set out to change this institution, to return to some sort of
regular order, to have 72 hours to read bills, to be able to have
single-subject bills, to offer amendments on the floor, to actually
have an appropriations process.
We passed seven appropriations bills off the floor of the House. We
passed three out of committee to the floor. We actually had some amount
of debate and were able to move things through. We got some of our
policy priorities. We sent them over to the Senate.
Then what did we do? We walked away and went back to business as
usual in the swamp where a handful of people that they call the four
corners all sit back and decide for you, not the people in this room as
a body, but a handful of so-called cardinals, the same group that I
heard guffawing in the back a minute ago, the same bloc of
appropriators that think they are the ones that get to control the
entire world and use our men and women in uniform as an excuse to
undermine the national security of this country by spending money we
don't have, by racking up debt to the tune of a trillion dollars every
100 days, while funding all manner of sin with respect to transgender
surgeries, abortion tourism, funding the World Health Organization to
give away our sovereignty, funding open borders with mass parole that
led to the death of Laken Riley.
Madam Speaker, everybody who votes for this bill today owns it. They
cannot go out and campaign this year saying they opposed this stuff
when they wrote the check.
That is what is happening today. Every single Republican and every
single Democrat who votes for this omnibus spending bill today owns it.
They own the open borders. They own the woke military that we cannot
recruit people to fight in. They own giving our sovereignty to the
World Health Organization and international bodies. They own more
funding for the Wuhan lab.
Yeah, that is all in there. They own it.
{time} 1100
They own it. We should vote ``no.''
Mr. Speaker, do you want to win in November?
Then vote ``no.''
Mr. Speaker, I yield back the balance of my time.
Ms. GRANGER. Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, 11,388 Members have served historically in
the United States House of Representatives.
[[Page H1485]]
We are blessed, and what we are charged with is serving the American
people. That is our job. It is not serving our individual philosophies,
ideologies, or whatever it is that we believe. We need to govern on
behalf of the American people.
I am proud to have been working with Democrats and Republicans united
to make government work for the people of this country.
It is a bipartisan bill, it sides with the hardworking majority of
Americans, it helps to lower their cost of living, it protects women's
rights, it reinforces America's global leadership, and, yes, it helps
our communities be safe and secure.
What we do is not about those of us who serve in this Chamber. It is
about what we do on behalf of the people of this country outside of
this Chamber. This bill serves the American people, and it has Democrat
and Republican support to move forward.
We are 6 months into this 2024 year. We have been unable to do the
work of the people because some people will hold us back.
Again, it is our job. The reason why we are elected is to serve the
American people. That is what we are charged with. Let us never forget
that we are blessed to serve here. We have a duty to perform and to do
what is right.
Mr. Speaker, I urge my colleagues to support this bill. It makes
sense for us to do it, and we do it because we represent hardworking
families in this country who put their faith and trust in us to do this
job on their behalf.
Mr. Speaker, I yield back the balance of my time.
Ms. GRANGER. Mr. Speaker, I urge my colleagues to support this bill,
and I yield back the balance of my time.
Ms. DeLAURO. Mr. Speaker, I want to give my thanks and appreciation
to my Democratic colleagues on the committee, especially subcommittee
Ranking Members Sanford Bishop, Matt Cartwright, Betty McCollum, Marcy
Kaptur, Steny Hoyer, Henry Cuellar, Chellie Pingree, Adriano Espaillat,
Debbie Wassermann Schultz, Barbara Lee, and Mike Quigley, for fighting
hard for the American people and for Democratic priorities in each of
your bills.
In the majority, my thanks and congratulations to subcommittee chairs
Andy Harris, Harold Rogers, Ken Calvert, Chuck Fleischmann, Steve
Womack, David Joyce, Mike Simpson, Robert Aderholt, Mark Amodei, John
Carter, Mario Diaz-Balart, and Tom Cole. I thank you all for engaging
in these hard-fought negotiations with respect and patriotism.
My deep appreciation goes to the majority and minority staff,
especially Minority Staff Director Chris Bigelow, Minority Clerks
Martha Foley, Bob Bonner, Jennifer Chartrand, Scott McKee, Matt Smith,
Bob Joachim, Rita Culp, Stephen Steigleider, Faye Cobb, Jenny
Neuscheler, Erin Kolodjeski, and Christina Monroe. I also want to thank
my front office staff, Jason Gray, Raquel Spencer, Adam Wilson, Ryann
Kinney, Alex Swann, Tom Tucker, as well as my communications staff
Katelynn Thorpe and Ben Cowlishaw. This would not be possible without
the hard work of Tyler Coe, Nora Faye, Jocelyn Hunn, Jackie Kilroy,
Shannon McCully, Laurie Mignone, Farouk Ophaso, Stephanie Reed, Philip
Tizzani, and Thomas Wilson. Their hard work, long hours, and dedication
behind the scenes is what makes this possible.
And I also owe a great deal of gratitude to my personal office staff,
including Becky Salay, Jack Rayburn, King Green, Caitlin Peruccio,
Daniel Robillard, Harper White, John Myron, Sam Erickson, Diana
Solares, Mia Villiavicencio-Eschinger, and Clay Vaughan.
Everyone I have just named keeps my name on the door. I thank them
all.
Ms. LEE of California, as Ranking Member of the House State and
Foreign Operations subcommittee, I am sorely disappointed with this
outcome.
I have spent much of my time in Congress talking about the 3Ds of our
national security--diplomacy, development and defense. Each of these
has a role to play in keeping our country safe and secure, and creating
a world where kids and grandkids can prosper.
The SFOPS bill is supposed to fund two of those Ds--diplomacy and
development. But this package slashes diplomacy and development by 6
percent than 15 percent below what the President identified as the
global need.
Meanwhile, the Pentagon gets a $27 billion increase--despite failing
audits.
America needs the diplomatic and development tools in the SFOPS bill
to prevent wars. I fear this package leaves America weaker and more
vulnerable. This funding imbalance undermines both our values and our
interests. I hope we can work together to get our priorities
rebalanced.
Mr. SOTO. Mr. Speaker, I thank the authors of H. Res. 1102--Further
Consolidated Appropriations Act, 2024 for funding Department of Defense
programs that support secure domestic semiconductor advanced packaging
manufacturing technology and capabilities. I also thank the staff who
contributed to this effort.
Specifically, I express gratitude to my colleagues for the following
actions:
Fully funding the Industrial Base Analysis and Sustainment Support's
(IBAS) Reshore Ecosystem for Secure Heterogeneous Advanced Packaging
Electronics (RESHAPE) program within the Research, Development, Test
and Evaluation, Defense-Wide account;
Providing $10.25 million in additional funding for IBAS's 2.5D
advanced packaging program within the Research, Development, Test and
Evaluation, Defense-Wide account; and
Providing $2 million in additional funding for Aerospace Sensors'
zero-trust environment for semiconductor technology within the
Research, Development, Test and Evaluation, Air Force account.
Microelectronics support nearly all DoD activities. They enable
critical capabilities such as the global positioning system, radar,
command and control, and communication. Ensuring secure access to
leading-edge microelectronics is a challenge, however. The pandemic
highlighted challenges associated with the global supply chain, the
changing global semiconductor industry, and the sophistication of U.S.
adversaries who threaten to target military electronic components.
Funding for the three projects highlighted above help address these
challenges.
IBAS is dedicated to ensuring that the DoD is positioned to
effectively address industrial base issues and support the National
Security Innovation Base. IBAS achieves this mission by strengthening
and protecting the domestic semiconductor supply chain to provide
access to leading-edge capabilities that accelerate innovation. One of
the next generation semiconductor technologies that IBAS focuses on is
Heterogeneous Integration and Advanced Packing. These technologies
provide secure, credible, and reliable domestic advanced
microelectronics manufacturing capability. Full funding for the RESHAPE
program, along with $10.25 in additional funding for IBAS's 2.5D
advanced packaging program will support machine tooling and advanced
packaging manufacturing capabilities and allow IBAS to support next
generation domestic production lines.
The $2 million in additional funding provided for Aerospace Sensors'
zero-trust environment for semiconductor technology further helps
address critical challenges associated with domestic semiconductor
manufacturing. The Air Force Research Lab (AFRL) is working on a new
modeling and simulation research program (secure digital twin) to
advance next generation semiconductor design and manufacturing. Funding
for the zero-trust environment for semiconductor technology will
provide capabilities that deliver solutions that protect against
malicious function insertion, fraudulent products, theft of
intellectual property, and reliability failures within DoD
semiconductors.
I believe Congress should continue to provide resources necessary to
update our domestic microelectronics security framework. I am proud of
the work undertaken in my district to support domestic semiconductor
manufacturing technology development and to ensure the security of this
critical supply chain. I look forward to continuing to work with my
colleagues to support this goal.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Committees on
the Budget, Judiciary, and Homeland Security, I proudly rise in support
of H. Res. 1102--Further Consolidated Appropriations Act, 2024 (Approps
Minibus No. 2) which will provide funding to continue the operations of
the federal government through September 30, 2024, enhance supportive
services to the American people, and avoid a wasteful and irresponsible
shutdown.
After multiple Continuing Resolutions and threats of a government
shutdown, I am relieved that an agreement has been reached between the
bicameral, bipartisan leadership, and produced a second minibus
spending package that keeps our remaining federal agencies funded.
This bipartisan legislation, which represents a compromise between
Republicans and Democrats that adheres to the Fiscal Responsibility
Act, would fund the remainder of the Federal Government through the end
of the fiscal year, while investing in key priorities for the American
people.
Specifically, the Further Consolidated Appropriations Act of 2024,
provides full-year funding for the six remaining FY24 Appropriations
bills:
Defense;
Financial Services and General Government;
Homeland Security;
Legislative Branch;
Labor, Health and Human Services, and Education; and
[[Page H1486]]
State and Foreign Operations.
The 2024 funding bills invest in America's future and deliver for the
American people by:
Helping with the high cost of living, reducing drug costs, and
prioritizing childcare and Head Start;
Siding with hardworking Americans by supporting education, job
training, and placement programs that help Americans find high paying
jobs, defending robust worker protection agencies that ensure Americans
are safe and properly compensated at work, and by ensuring billionaires
and wealthy corporations pay the taxes they owe;
Protecting women's rights by blocking attempts to limit women's
access to reproductive health care (including the elimination of Title
X Family Planning and Teen Pregnancy Prevention Grants) and supporting
the reproductive health of women overseas;
Reinforcing America's global leadership by strengthening defense
capabilities, ensuring America can respond anywhere in the world where
freedom and democracy are under attack, amplifying American diplomacy,
and reaffirming our global commitments to fight climate change and
reinforce global health; and
Helping our communities be safe and secure by funding border
security, preventing the trafficking of fentanyl and other dangerous
drugs, bolstering cyber security, protecting consumers from scammers,
fraudsters, and dangerous products, and enabling robust and immediate
responses to natural disasters.
Like the first Appropriations minibus, the bill rejects nearly all
House Republican riders.
It also includes $1,383,069 in Community Project Funding that will be
going directly to my constituents that I know will have a profound
impact on Texas's 18th District.
I am pleased that Sec. P118-08-00 Conveyance and Detention
Improvements, $1,383,069, was included in Homeland to be funded.
It was my goal to fund as many of the 3,203 Democratic projects
across all 2024 funding bills as were eligible.
I am proud of the hard work it took to get to this point in an
unprecedented year for the House of Representatives, and I hope that
you will all join me in celebrating these direct investments in your
community.
These investments create jobs, making a real difference in the lives
of so many in my district.
I am proud to have fought for funding that will make our community
healthier, safer, and stronger.
Funding the government is essential to our constituents, and I am
happy that we were finally able to deliver.
This legislation provides vitally needed and long-overdue funding
that will improve the lives of the American people.
House Democrats have worked to deliver results to the American people
and these projects, programs, services, and improvements will do just
that.
Without the passage of this bill, the livelihood of millions of
Americans will be in jeopardy and the safety and security of the United
States would be diminished.
The passage of this legislation is vital, I support it
enthusiastically, and urge my colleagues to join me in passing this
bipartisan, essential legislation to fund our government.
The SPEAKER pro tempore (Mr. LaLota). The question is on the motion
offered by the gentlewoman from Texas (Ms. Granger) that the House
suspend the rules and agree to the resolution, H. Res. 1102.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to suspend the rules will be followed by 5-
minute votes on:
The motion to recommit on H.R. 1023; and
Passage of H.R. 1023, if ordered.
The vote was taken by electronic device, and there were--yeas 286,
nays 134, not voting 12, as follows:
[Roll No. 102]
YEAS--286
Adams
Aguilar
Allred
Amo
Amodei
Auchincloss
Bacon
Baird
Barr
Barragan
Beatty
Bentz
Bera
Beyer
Bice
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle (PA)
Brown
Brownley
Bucshon
Budzinski
Calvert
Caraveo
Carbajal
Carey
Carter (GA)
Carter (LA)
Carter (TX)
Cartwright
Case
Casten
Castor (FL)
Chavez-DeRemer
Cherfilus-McCormick
Chu
Ciscomani
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Cole
Connolly
Costa
Courtney
Craig
Crawford
Crenshaw
Crockett
Crow
Cuellar
D'Esposito
Davids (KS)
Davis (IL)
Davis (NC)
De La Cruz
Dean (PA)
DeGette
DeLauro
DelBene
Deluzio
DeSaulnier
Diaz-Balart
Dingell
Doggett
Duarte
Dunn (FL)
Edwards
Ellzey
Emmer
Escobar
Eshoo
Espaillat
Evans
Ferguson
Fitzpatrick
Fleischmann
Fletcher
Flood
Foster
Foushee
Foxx
Gallagher
Gallego
Garamendi
Garbarino
Garcia (TX)
Garcia, Mike
Garcia, Robert
Gimenez
Golden (ME)
Goldman (NY)
Gonzalez, Vicente
Gottheimer
Granger
Graves (MO)
Green, Al (TX)
Guthrie
Harder (CA)
Hayes
Hill
Himes
Hinson
Horsford
Houchin
Houlahan
Hoyer
Hoyle (OR)
Hudson
Huffman
Huizenga
Issa
Ivey
Jackson (NC)
Jackson Lee
Jacobs
James
Jeffries
Johnson (GA)
Johnson (LA)
Johnson (SD)
Joyce (OH)
Kamlager-Dove
Kaptur
Kean (NJ)
Keating
Kelly (IL)
Kelly (PA)
Kiggans (VA)
Kiley
Kilmer
Kim (CA)
Kim (NJ)
Krishnamoorthi
Kuster
Kustoff
LaLota
LaMalfa
Lamborn
Landsman
Langworthy
Larsen (WA)
Larson (CT)
Latta
LaTurner
Lawler
Lee (FL)
Lee (NV)
Leger Fernandez
Letlow
Levin
Lieu
Lofgren
Lucas
Luetkemeyer
Lynch
Magaziner
Maloy
Manning
Matsui
McBath
McCaul
McClain
McClellan
McCollum
McGarvey
McHenry
Meeks
Menendez
Meng
Meuser
Mfume
Miller (OH)
Miller (WV)
Miller-Meeks
Molinaro
Moolenaar
Moore (UT)
Morelle
Moskowitz
Moulton
Mrvan
Mullin
Nadler
Napolitano
Neal
Neguse
Newhouse
Nickel
Norcross
Nunn (IA)
Obernolte
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Peltola
Pence
Perez
Peters
Pettersen
Phillips
Pingree
Pocan
Porter
Quigley
Raskin
Reschenthaler
Rogers (KY)
Ross
Rouzer
Ruiz
Ruppersberger
Rutherford
Ryan
Salazar
Salinas
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Scholten
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Slotkin
Smith (MO)
Smith (NE)
Smith (WA)
Smucker
Sorensen
Soto
Spanberger
Stansbury
Stanton
Steel
Stefanik
Stevens
Strickland
Suozzi
Swalwell
Sykes
Takano
Thanedar
Thompson (CA)
Thompson (MS)
Thompson (PA)
Titus
Tokuda
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Turner
Underwood
Valadao
Van Orden
Vargas
Vasquez
Veasey
Walberg
Wasserman Schultz
Waters
Watson Coleman
Wenstrup
Wexton
Wild
Williams (GA)
Williams (NY)
Wilson (SC)
Wittman
Womack
Yakym
Zinke
NAYS--134
Aderholt
Alford
Allen
Armstrong
Arrington
Babin
Balderson
Balint
Banks
Bean (FL)
Bergman
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Bowman
Brecheen
Buchanan
Buck
Burchett
Burlison
Bush
Cammack
Carl
Carson
Casar
Castro (TX)
Cline
Cloud
Clyde
Collins
Comer
Correa
Crane
Curtis
Davidson
DesJarlais
Donalds
Duncan
Estes
Ezell
Fallon
Feenstra
Finstad
Fischbach
Fitzgerald
Franklin, Scott
Frost
Fry
Fulcher
Gaetz
Garcia (IL)
Gomez
Gonzales, Tony
Good (VA)
Gooden (TX)
Graves (LA)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Hageman
Harris
Harshbarger
Hern
Higgins (LA)
Hunt
Jackson (IL)
Jackson (TX)
Jayapal
Jordan
Joyce (PA)
Kelly (MS)
Khanna
LaHood
Lee (CA)
Lee (PA)
Lesko
Loudermilk
Luna
Luttrell
Mace
Malliotakis
Mann
Massie
Mast
McClintock
McCormick
McGovern
Miller (IL)
Mills
Mooney
Moore (AL)
Moore (WI)
Moran
Murphy
Norman
Ocasio-Cortez
Ogles
Omar
Owens
Palmer
Perry
Pfluger
Posey
Ramirez
Rodgers (WA)
Rogers (AL)
Rosendale
Roy
Schweikert
Scott, Austin
Self
Sessions
Smith (NJ)
Spartz
Stauber
Steil
Steube
Strong
Tenney
Tiffany
Timmons
Tlaib
Van Drew
Van Duyne
Velazquez
Wagner
Waltz
Weber (TX)
Webster (FL)
Westerman
NOT VOTING--12
Burgess
Cardenas
Frankel, Lois
Gosar
Grijalva
Kildee
Nehls
Pressley
Rose
Simpson
Williams (TX)
Wilson (FL)
{time} 1140
Ms. HAGEMAN, Messrs. FROST and BOST changed their vote from ``yea''
to ``nay.''
Mr. MILLER of Ohio and Ms. WATERS changed their vote from ``nay'' to
``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
[[Page H1487]]
A motion to reconsider was laid on the table.
Stated against:
Mr. BAIRD. Mr. Speaker, on rollcall No. 102, I mistakenly voted
``yea'' when I intended to vote ``nay.''
____________________