This resolution provides for House adoption and amendment of H.R. 4366 (Consolidated Appropriations Act, 2024).
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1061 Engrossed in House (EH)]
<DOC>
H. Res. 1061
In the House of Representatives, U. S.,
March 6, 2024.
Resolved, That upon the adoption of this resolution the House shall be
considered to have taken from the Speaker's table the bill, H.R. 4366, 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 ``Consolidated Appropriations Act, 2024''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION G--OTHER MATTERS
Title I--Health and Human Services
Title II--Amending Compacts of Free Association
Title III--Extensions and Other Matters
Title IV--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this Act''
contained in any division of this Act shall be treated as referring only to the
provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the Senate section
of the Congressional Record on or about March 5, 2024, and submitted by the
chair of the Committee on Appropriations of the Senate, shall have the same
effect with respect to the allocation of funds and implementation of divisions A
through F of this Act as if it were a joint explanatory statement of a committee
of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending September 30,
2024.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or repurposed,
rescinded, or transferred, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to the Congress.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of temporary or
permanent public works, military installations, facilities, and real property
for the Army as currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for the purposes of
this appropriation, and for construction and operation of facilities in support
of the functions of the Commander in Chief, $2,022,775,000, to remain available
until September 30, 2028: Provided, That, of this amount, not to exceed
$398,145,000 shall be available for study, planning, design, architect and
engineer services, and host nation support, as authorized by law, unless the
Secretary of the Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided further, That
of the amount made available under this heading, $522,220,000 shall be for the
projects and activities, and in the amounts, specified in the table under the
heading ``Military Construction, Army'' in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated Act), in
addition to amounts otherwise available for such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of temporary or
permanent public works, naval installations, facilities, and real property for
the Navy and Marine Corps as currently authorized by law, including personnel in
the Naval Facilities Engineering Command and other personal services necessary
for the purposes of this appropriation, $5,531,369,000, to remain available
until September 30, 2028: Provided, That, of this amount, not to exceed
$711,505,000 shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the amount
made available under this heading, $335,563,000 shall be for the projects and
activities, and in the amounts, specified in the table under the heading
``Military Construction, Navy and Marine Corps'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of temporary or
permanent public works, military installations, facilities, and real property
for the Air Force as currently authorized by law, $2,741,424,000, to remain
available until September 30, 2028: Provided, That, of this amount, not to
exceed $567,874,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided further, That
of the amount made available under this heading, $193,610,000 shall be for the
projects and activities, and in the amounts, specified in the table under the
heading ``Military Construction, Air Force'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of temporary or
permanent public works, installations, facilities, and real property for
activities and agencies of the Department of Defense (other than the military
departments), as currently authorized by law, $3,161,782,000, to remain
available until September 30, 2028: Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense may be
transferred to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be
merged with and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided further,
That, of the amount, not to exceed $347,545,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading, $36,100,000 shall
be for the projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Defense-Wide'' in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and conversion of
facilities for the training and administration of the Army National Guard, and
contributions therefor, as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $620,647,000, to remain
available until September 30, 2028: Provided, That, of the amount, not to
exceed $79,221,000 shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Director of the Army
National Guard determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided further, That
of the amount made available under this heading, $270,461,000 shall be for the
projects and activities, and in the amounts, specified in the table under the
heading ``Military Construction, Army National Guard'' in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and conversion of
facilities for the training and administration of the Air National Guard, and
contributions therefor, as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $295,526,000, to remain
available until September 30, 2028: Provided, That, of the amount, not to
exceed $68,454,000 shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided further, That
of the amount made available under this heading, $123,804,000 shall be for the
projects and activities, and in the amounts, specified in the table under the
heading ``Military Construction, Air National Guard'' in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and conversion of
facilities for the training and administration of the Army Reserve as authorized
by chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $151,076,000, to remain available until September 30, 2028:
Provided, That, of the amount, not to exceed $27,389,000 shall be available for
study, planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading, $44,000,000 shall
be for the projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Army Reserve'' in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such purposes.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and conversion of
facilities for the training and administration of the reserve components of the
Navy and Marine Corps as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $51,291,000, to remain
available until September 30, 2028: Provided, That, of the amount, not to
exceed $6,495,000 shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and conversion of
facilities for the training and administration of the Air Force Reserve as
authorized by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $331,572,000, to remain available until
September 30, 2028: Provided, That, of the amount, not to exceed $14,646,000
shall be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Air Force Reserve
determines that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the amount
made available under this heading, $40,000,000 shall be for the projects and
activities, and in the amounts, specified in the table under the heading
``Military Construction, Air Force Reserve'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and construction of
military facilities and installations (including international military
headquarters) and for related expenses for the collective defense of the North
Atlantic Treaty Area as authorized by section 2806 of title 10, United States
Code, and Military Construction Authorization Acts, $293,434,000, to remain
available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account, established
by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), $489,174,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction, including
acquisition, replacement, addition, expansion, extension, and alteration, as
authorized by law, $304,895,000, to remain available until September 30, 2028.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and maintenance,
including debt payment, leasing, minor construction, principal and interest
charges, and insurance premiums, as authorized by law, $395,485,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $277,142,000, to remain
available until September 30, 2028.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for operation
and maintenance, including debt payment, leasing, minor construction, principal
and interest charges, and insurance premiums, as authorized by law,
$373,854,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction, including
acquisition, replacement, addition, expansion, extension, and alteration, as
authorized by law, $237,097,000, to remain available until September 30, 2028.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction, principal and
interest charges, and insurance premiums, as authorized by law, $324,386,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of the
Department of Defense (other than the military departments) for operation and
maintenance, leasing, and minor construction, as authorized by law, $50,785,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund, $6,611,000,
to remain available until expended, for family housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and supporting
facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing Improvement
Fund, $496,000, to remain available until expended, for unaccompanied housing
initiatives undertaken pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving military unaccompanied
housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be expended
for payments under a cost-plus-a-fixed-fee contract for construction, where cost
estimates exceed $25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
Sec. 102. Funds made available in this title for construction shall be
available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may be used
for advances to the Federal Highway Administration, Department of
Transportation, for the construction of access roads as authorized by section
210 of title 23, United States Code, when projects authorized therein are
certified as important to the national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be used to
begin construction of new bases in the United States for which specific
appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be used for
purchase of land or land easements in excess of 100 percent of the value as
determined by the Army Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be used to:
(1) acquire land; (2) provide for site preparation; or (3) install utilities for
any family housing, except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one base or
installation to another, without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be used for
the procurement of steel for any construction project or activity for which
American steel producers, fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense for
military construction or family housing during the current fiscal year may be
used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be used to
initiate a new installation overseas without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be obligated
for architect and engineer contracts estimated by the Government to exceed
$500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the Arabian Gulf, unless
such contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. None of the funds made available in this title for military
construction in the United States territories and possessions in the Pacific and
on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to
award any contract estimated by the Government to exceed $1,000,000 to a foreign
contractor: Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of a United States
contractor exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this section
shall not apply to contract awards for military construction on Kwajalein Atoll
for which the lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate committees
of both Houses of Congress, including the Committees on Appropriations, of plans
and scope of any proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for construction, either
temporary or permanent, are anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for construction
in prior years shall be available for construction authorized for each such
military department by the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing projects that are
being completed with funds otherwise expired or lapsed for obligation, expired
or lapsed funds may be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those projects and on subsequent
claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds made
available to a military department or defense agency for the construction of
military projects may be obligated for a military construction project or
contract, or for any portion of such a project or contract, at any time before
the end of the fourth fiscal year after the fiscal year for which funds for such
project were made available, if the funds obligated for such project: (1) are
obligated from funds available for military construction projects; and (2) do
not exceed the amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480 and 2883
of title 10, United States Code, to the Committees on Appropriations of both
Houses of Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in ``Family
Housing'' accounts, to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing Improvement Fund
from amounts appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan guarantees issued by
the Department of Defense pursuant to the provisions of subchapter IV of chapter
169 of title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied housing,
and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to the
Department of Defense, amounts may be transferred from the Department of Defense
Base Closure Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374)
to pay for expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged with and
be available for the same purposes and for the same time period as the fund to
which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made available
in this title for operation and maintenance of family housing shall be the
exclusive source of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided, That not more than
$35,000 per unit may be spent annually for the maintenance and repair of any
general or flag officer quarters without 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to sections 480 and
2883 of title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification shall be
submitted if the limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on Appropriations of both
Houses of Congress all operation and maintenance expenditures for each
individual general or flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States Code,
are appropriated and shall be available until expended for the purposes
specified in subsection (i)(1) of such section or until transferred pursuant to
subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available in this
Act to the Department of Defense for military construction and family housing
operation and maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the liquidation
of obligations or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations,
unobligated balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'', to be
merged with and to be available for the same time period and for the same
purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an account
funded under the headings in this title may be transferred among projects and
activities within the account in accordance with the reprogramming guidelines
for military construction and family housing construction contained in
Department of Defense Financial Management Regulation 7000.14-R, Volume 3,
Chapter 7, of April 2021, as in effect on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be obligated
or expended for planning and design and construction of projects at Arlington
National Cemetery.
Sec. 124. For an additional amount for the accounts and in the amounts
specified, to remain available until September 30, 2028:
``Military Construction, Army'', $8,214,000;
``Military Construction, Navy and Marine Corps'', $182,150,000;
``Military Construction, Air Force'', $166,300,000;
``Military Construction, Defense-Wide'', $62,400,000;
``Military Construction, Army National Guard'', $66,815,000;
``Military Construction, Air National Guard'', $5,200,000; and
``Military Construction, Army Reserve'', $23,000,000:
Provided, That such funds may only be obligated to carry out construction and
cost to complete projects identified in the respective military department's
unfunded priority list for fiscal year 2024 submitted to Congress: Provided
further, That such projects are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided further, That not
later than 60 days after enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 125. All amounts appropriated to the ``Department of Defense--Military
Construction, Army'', ``Department of Defense--Military Construction, Navy and
Marine Corps'', ``Department of Defense--Military Construction, Air Force'', and
``Department of Defense--Military Construction, Defense-Wide'' accounts pursuant
to the authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2024 in the funding table in section 4601 of that Act
shall be immediately available and allotted to contract for the full scope of
authorized projects.
Sec. 126. Notwithstanding section 116 of this Act, funds made available in
this Act or any available unobligated balances from prior appropriations Acts
may be obligated before October 1, 2025 for fiscal year 2017, 2018, and 2019
military construction projects for which project authorization has not lapsed or
for which authorization is extended for fiscal year 2024 by a National Defense
Authorization Act: Provided, That no amounts may be obligated pursuant to this
section from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 127. For the purposes of this Act, the term ``congressional defense
committees'' means the Committees on Armed Services of the House of
Representatives and the Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the Senate, and the
Subcommittee on Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
Sec. 128. For an additional amount for the accounts and in the amounts
specified for planning and design and unspecified minor construction, for
improving military installation resilience, to remain available until September
30, 2028:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'', $7,500,000; and
``Military Construction, Air Force'', $7,500,000:
Provided, That not later than 60 days after enactment of this Act, the
Secretary of the military department concerned, or their designee, shall submit
to the Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 129. For an additional amount for the accounts and in the amounts
specified for planning and design and unspecified minor construction for
construction improvements to Department of Defense laboratory facilities, to
remain available until September 30, 2028:
``Military Construction, Army'', $10,000,000;
``Military Construction, Navy and Marine Corps'', $10,000,000; and
``Military Construction, Air Force'', $10,000,000:
Provided, That not later than 60 days after enactment of this Act, the
Secretary of the military department concerned, or their designee, shall submit
to the Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 130. For an additional amount for ``Military Construction, Air
Force'', $150,000,000, to remain available until September 30, 2028, for
expenses incurred as a result of natural disasters: Provided, That not later
than 60 days after the date of enactment of this Act, the Secretary of the Air
Force, or their designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 131. For an additional amount for the accounts and in the amounts
specified for planning and design for child development centers, to remain
available until September 30, 2028:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'', $15,000,000; and
``Military Construction, Air Force'', $15,000,000:
Provided, That not later than 60 days after the date of enactment of this Act,
the Secretary of the military department concerned, or their designee, shall
submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 132. For an additional amount for the accounts and in the amounts
specified for planning and design, for barracks, to remain available until
September 30, 2028:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'', $15,000,000; and
``Military Construction, Air Force'', $15,000,000:
Provided, That not later than 60 days after the date of enactment of this Act,
the Secretary of the military department concerned, or their designee, shall
submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 133. For an additional amount for ``Military Construction, Air
Force'', $16,000,000, to remain available until September 30, 2028, for cost
increases identified subsequent to the fiscal year 2024 budget request for
authorized major construction projects: Provided, That not later than 60 days
after enactment of this Act, the Secretary of the Air Force, or their designee,
shall submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 134. For an additional amount for the accounts and in the amounts
specified for unspecified minor construction for demolition, to remain available
until September 30, 2028:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'', $15,000,000; and
``Military Construction, Air Force'', $15,000,000:
Provided, That not later than 60 days after the date of enactment of this Act,
the Secretary of the military department concerned, or their designee, shall
submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not obligate or expend
any funds prior to approval by the Committees on Appropriations of both Houses
of Congress of the expenditure plan required by this section.
(including transfer of funds)
Sec. 135. Of the proceeds credited to the Department of Defense Family
Housing Improvement Fund pursuant to subsection (c)(1)(D) of section 2883 of
title 10, United States Code, pursuant to a Department of Navy investment, the
Secretary of Defense shall transfer $19,000,000 to the Secretary of the Navy
under paragraph (3) of subsection (d) of such section for use by the Secretary
of the Navy as provided in paragraph (1) of such subsection until expended.
Sec. 136. For an additional amount for ``Military Construction, Defense-
Wide'', $37,100,000, to remain available until September 30, 2028: Provided,
That such funds may only be obligated to carry out construction projects
specified in a National Defense Authorization Act for fiscal year 2024 in the
funding table in section 4601 of that Act: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of Defense, or their
designee, shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
Sec. 137. For an additional amount for ``Military Construction, Air
National Guard'', $83,000,000, to remain available until September 30, 2028, for
planning and design and authorized major construction projects at future foreign
military training sites: Provided, That not later than 60 days after enactment
of this Act, the Secretary of the Air Force, or their designee, shall submit to
the Committees on Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 138. None of the funds made available by this Act may be used to carry
out the closure or realignment of the United States Naval Station, Guantanamo
Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans and a
pilot program for disability examinations as authorized by section 107 and
chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension
benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers' retirement pay,
adjusted-service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other
benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23,
51, 53, 55, and 61 of title 38, United States Code, $15,072,388,000, which shall
be in addition to funds previously appropriated under this heading that became
available on October 1, 2023, to remain available until expended; and, in
addition, $182,310,515,000, which shall become available on October 1, 2024, to
remain available until expended: Provided, That not to exceed $22,109,000 of
the amount made available for fiscal year 2025 under this heading shall be
reimbursed to ``General Operating Expenses, Veterans Benefits Administration'',
and ``Information Technology Systems'' for necessary expenses in implementing
the provisions of chapters 51, 53, and 55 of title 38, United States Code, the
funding source for which is specifically provided as the ``Compensation and
Pensions'' appropriation: Provided further, That such sums as may be earned on
an actual qualifying patient basis, shall be reimbursed to ``Medical Care
Collections Fund'' to augment the funding of individual medical facilities for
nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on behalf
of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51,
53, 55, and 61 of title 38, United States Code, $374,852,000, which shall be in
addition to funds previously appropriated under this heading that became
available on October 1, 2023, to remain available until expended; and, in
addition, $13,399,805,000, which shall become available on October 1, 2024, to
remain available until expended: Provided, That expenses for rehabilitation
program services and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United States Code, other than
under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to
this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and veterans
mortgage life insurance as authorized by chapters 19 and 21 of title 38, United
States Code, $12,701,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1, 2023, to
remain available until expended; and, in addition, $135,119,422, which shall
become available on October 1, 2024, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be necessary
to carry out the program, as authorized by subchapters I through III of chapter
37 of title 38, United States Code: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That, during fiscal year
2024, within the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $316,742,419.
vocational rehabilitation loans program account
For the cost of direct loans, $78,337, as authorized by chapter 31 of title
38, United States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the principal amount of
direct loans not to exceed $2,026,000.
In addition, for administrative expenses necessary to carry out the direct
loan program, $460,698, which may be paid to the appropriation for ``General
Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program authorized
by subchapter V of chapter 37 of title 38, United States Code, $2,718,546.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits Administration,
not otherwise provided for, including hire of passenger motor vehicles,
reimbursement of the General Services Administration for security guard
services, and reimbursement of the Department of Defense for the cost of
overseas employee mail, $3,899,000,000: Provided, That expenses for services
and assistance authorized under paragraphs (1), (2), (5), and (11) of section
3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs
determines are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable employment;
or (2) to achieve maximum independence in daily living, shall be charged to this
account: Provided further, That, of the funds made available under this
heading, not to exceed 10 percent shall remain available until September 30,
2025.
Veterans Health Administration
medical services
(including rescission of funds)
For necessary expenses for furnishing, as authorized by law, inpatient and
outpatient care and treatment to beneficiaries of the Department of Veterans
Affairs and veterans described in section 1705(a) of title 38, United States
Code, including care and treatment in facilities not under the jurisdiction of
the Department, and including medical supplies and equipment, bioengineering
services, food services, and salaries and expenses of healthcare employees hired
under title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States Code, loan
repayments authorized by section 604 of the Caregivers and Veterans Omnibus
Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38 U.S.C. 7681
note), monthly assistance allowances authorized by section 322(d) of title 38,
United States Code, grants authorized by section 521A of title 38, United States
Code, and administrative expenses necessary to carry out sections 322(d) and
521A of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code; $71,000,000,000,
plus reimbursements, which shall become available on October 1, 2024, and shall
remain available until September 30, 2025: Provided, That, of the amount made
available on October 1, 2024, under this heading, $2,000,000,000 shall remain
available until September 30, 2026: Provided further, That of the
$74,004,000,000 that became available on October 1, 2023, previously
appropriated under this heading in division J of the Consolidated Appropriations
Act, 2023 (Public Law 117-328), $3,034,205,000 is hereby rescinded: Provided
further, That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower income, or
have special needs: Provided further, That, notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment priority groups 1
through 6: Provided further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to enrolled veterans with
privately written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program described
in the previous proviso shall incur no additional cost to the Department of
Veterans Affairs: Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this heading for medical
supplies and equipment are available for the acquisition of prosthetics designed
specifically for female veterans: Provided further, That nothing in section
2044(e) of title 38, United States Code, may be construed as limiting amounts
that may be made available under this heading for fiscal years 2024 and 2025 in
this or prior Acts.
medical community care
(including rescission of funds)
For necessary expenses for furnishing health care to individuals pursuant to
chapter 17 of title 38, United States Code, at non-Department facilities,
$20,382,000,000, plus reimbursements, which shall become available on October 1,
2024, and shall remain available until September 30, 2025: Provided, That, of
the amount made available on October 1, 2024, under this heading, $2,000,000,000
shall remain available until September 30, 2026: Provided further, That of the
$33,000,000,000 that became available on October 1, 2023, previously
appropriated under this heading in division J of the Consolidated Appropriations
Act, 2023 (Public Law 117-328), $2,657,977,000 is hereby rescinded.
medical support and compliance
(including rescission of funds)
For necessary expenses in the administration of the medical, hospital,
nursing home, domiciliary, construction, supply, and research activities, as
authorized by law; administrative expenses in support of capital policy
activities; and administrative and legal expenses of the Department for
collecting and recovering amounts owed the Department as authorized under
chapter 17 of title 38, United States Code, and the Federal Medical Care
Recovery Act (42 U.S.C. 2651 et seq.), $11,800,000,000, plus reimbursements,
which shall become available on October 1, 2024, and shall remain available
until September 30, 2025: Provided, That, of the amount made available on
October 1, 2024, under this heading, $350,000,000 shall remain available until
September 30, 2026: Provided further, That of the $12,300,000,000 that became
available on October 1, 2023, previously appropriated under this heading in
division J of the Consolidated Appropriations Act, 2023 (Public Law 117-328),
$1,550,000,000 is hereby rescinded.
medical facilities
For necessary expenses for the maintenance and operation of hospitals,
nursing homes, domiciliary facilities, and other necessary facilities of the
Veterans Health Administration; for administrative expenses in support of
planning, design, project management, real property acquisition and disposition,
construction, and renovation of any facility under the jurisdiction or for the
use of the Department; for oversight, engineering, and architectural activities
not charged to project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of the
Department, not otherwise provided for, either by contract or by the hire of
temporary employees and purchase of materials; for leases of facilities; and for
laundry services; $149,485,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1, 2023; and,
in addition, $9,400,000,000, plus reimbursements, which shall become available
on October 1, 2024, and shall remain available until September 30, 2025:
Provided, That, of the amount made available on October 1, 2024, under this
heading, $500,000,000 shall remain available until September 30, 2026.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and prosthetic
research and development as authorized by chapter 73 of title 38, United States
Code, $943,000,000, plus reimbursements, shall remain available until September
30, 2025: Provided, That the Secretary of Veterans Affairs shall ensure that
sufficient amounts appropriated under this heading are available for prosthetic
research specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including uniforms or
allowances therefor; cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire of passenger
motor vehicles; and repair, alteration or improvement of facilities under the
jurisdiction of the National Cemetery Administration, $480,000,000, of which not
to exceed 10 percent shall remain available until September 30, 2025.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans Affairs, not
otherwise provided for, including administrative expenses in support of
Department-wide capital planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and reimbursement of
the General Services Administration for security guard services, $475,000,000,
of which not to exceed 10 percent shall remain available until September 30,
2025: Provided, That funds provided under this heading may be transferred to
``General Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$287,000,000, of which not to exceed 10 percent shall remain available until
September 30, 2025.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems and
operational information systems; for pay and associated costs; and for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by section 3109 of title
5, United States Code, $6,401,000,000, plus reimbursements: Provided, That
$1,606,977,000 shall be for pay and associated costs, of which not to exceed 3
percent shall remain available until September 30, 2025: Provided further, That
$4,668,373,000 shall be for operations and maintenance, of which not to exceed 5
percent shall remain available until September 30, 2025, and of which
$75,288,000 shall remain available until September 30, 2028, for the purpose of
facility activations related to projects funded by the ``Construction, Major
Projects'', ``Construction, Minor Projects'', ``Medical Facilities'', ``National
Cemetery Administration'', ``General Operating Expenses, Veterans Benefits
Administration'', and ``General Administration'' accounts: Provided further,
That $125,650,000 shall be for information technology systems development, and
shall remain available until September 30, 2025: Provided further, That amounts
made available for salaries and expenses, operations and maintenance, and
information technology systems development may be transferred among the three
subaccounts after the Secretary of Veterans Affairs requests from the Committees
on Appropriations of both Houses of Congress the authority to make the transfer
and an approval is issued: Provided further, That amounts made available for
the ``Information Technology Systems'' account for development may be
transferred among projects or to newly defined projects: Provided further, That
no project may be increased or decreased by more than $3,000,000 of cost prior
to submitting a request to the Committees on Appropriations of both Houses of
Congress to make the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That the funds made available
under this heading for information technology systems development shall be for
the projects, and in the amounts, specified under this heading in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans Electronic Health
Record system, including contractual costs associated with operations authorized
by section 3109 of title 5, United States Code, and salaries and expenses of
employees hired under titles 5 and 38, United States Code, $1,334,142,000, to
remain available until September 30, 2026: Provided, That the Secretary of
Veterans Affairs shall submit to the Committees on Appropriations of both Houses
of Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility, including any changes from the deployment
plan or schedule: Provided further, That the funds provided in this account
shall only be available to the Office of the Deputy Secretary, to be
administered by that Office: Provided further, That 25 percent of the funds
made available under this heading shall not be available until July 1, 2024, and
are contingent upon the Secretary of Veterans Affairs--
(1) providing the Committees on Appropriations of both Houses of
Congress a report, no later than 60 days after enactment of this Act on
the status of issues that caused the delayed deployment of the new
electronic health record to additional sites that was announced on April
21, 2023;
(2) providing the Committees on Appropriations of both Houses of
Congress a report on the reset process as of June 1, 2024, including an
outline of the measurable operational metrics that will be used to
determine when it is appropriate to re-start deployments, progress on
achieving those metrics, progress toward clinical and product
standardization, and the current performance at all Department of
Veterans Affairs facilities using the new electronic health record on or
before September 2023 compared to pre-deployment baselines for metrics
impacted by the deployment of the new electronic health record; and
(3) certifying in writing no later than 30 days prior to July 1,
2024, whether the system is stable, ready, and optimized for further
deployment at VA sites, and if not, an estimate of the timeline required
to begin further deployments.
office of inspector general
For necessary expenses of the Office of Inspector General, to include
information technology, in carrying out the provisions of the Inspector General
Act of 1978 (5 U.S.C. App.), $296,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2025.
construction, major projects
For constructing, altering, extending, and improving any of the facilities,
including parking projects, under the jurisdiction or for the use of the
Department of Veterans Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise
provided for, including planning, architectural and engineering services,
construction management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction costs,
and site acquisition, where the estimated cost of a project is more than the
amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or
where funds for a project were made available in a previous major project
appropriation, $961,218,560, of which $453,314,560 shall remain available until
September 30, 2028, and of which $507,904,000 shall remain available until
expended, of which $110,000,000 shall be available for seismic improvement
projects and seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided, That except
for advance planning activities, including needs assessments which may or may
not lead to capital investments, and other capital asset management related
activities, including portfolio development and management activities, and
planning, cost estimating, and design for major medical facility projects and
major medical facility leases and investment strategy studies funded through the
advance planning fund and the planning and design activities funded through the
design fund, staffing expenses, and funds provided for the purchase, security,
and maintenance of land for the National Cemetery Administration and the
Veterans Health Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any project that
has not been notified to Congress through the budgetary process or that has not
been approved by the Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to the President at
the time of enrollment: Provided further, That funds provided for the Veterans
Health Administration through the land acquisition line item shall be only for
projects included on the five year development plan notified to Congress through
the budgetary process: Provided further, That such sums as may be necessary
shall be available to reimburse the ``General Administration'' account for
payment of salaries and expenses of all Office of Construction and Facilities
Management employees to support the full range of capital infrastructure
services provided, including minor construction and leasing services: Provided
further, That funds made available under this heading for fiscal year 2024, for
each approved project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2024; and (2) by the awarding of a
construction contract by September 30, 2025: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within the time
limitations established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States Code, amounts made
available under this heading for seismic improvement projects and seismic
program management activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the facilities,
including parking projects, under the jurisdiction or for the use of the
Department of Veterans Affairs, including planning and assessments of needs
which may lead to capital investments, architectural and engineering services,
maintenance or guarantee period services costs associated with equipment
guarantees provided under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, $692,000,000, of which
$612,000,000 shall remain available until September 30, 2028, and of which
$80,000,000 shall remain available until expended, along with unobligated
balances of previous ``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated cost is equal to or
less than the amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the Department which are
necessary because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing home and
domiciliary facilities and to remodel, modify, or alter existing hospital,
nursing home, and domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title 38, United States
Code, $171,000,000, to remain available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in establishing,
expanding, or improving veterans cemeteries as authorized by section 2408 of
title 38, United States Code, $60,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2024 for ``Compensation and
Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the mentioned
appropriations: Provided, That, before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans Affairs for
fiscal year 2024, in this or any other Act, under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts: Provided, That any
transfers among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the Committees
on Appropriations of both Houses of Congress of the amount and purpose of the
transfer: Provided further, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and Compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year,
may take place only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make the transfer and
an approval is issued: Provided further, That any transfers to or from the
``Medical Facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and expenses
shall be available for services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; lease of a facility or land or
both; and uniforms or allowances therefore, as authorized by sections 5901
through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the appropriations for
``Construction, Major Projects'', and ``Construction, Minor Projects'') shall be
available for the purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries entitled to
such hospitalization or examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections 7901 through 7904
of title 5, United States Code, or the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical Services''
account at such rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation and
Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2023.
Sec. 207. Appropriations available in this title shall be available to pay
prior year obligations of corresponding prior year appropriations accounts
resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States
Code, except that if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during fiscal year
2024, the Secretary of Veterans Affairs shall, from the National Service Life
Insurance Fund under section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38, United States Code,
and the United States Government Life Insurance Fund under section 1955 of title
38, United States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems'' accounts for
the cost of administration of the insurance programs financed through those
accounts: Provided, That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during fiscal year 2024 that
are available for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided further, That if
the cost of administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the Secretary
shall determine the cost of administration for fiscal year 2024 which is
properly allocable to the provision of each such insurance program and to the
provision of any total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an
account for expenses incurred by that account during a prior fiscal year for
providing enhanced-use lease services shall be available until expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and other
administrative expenses shall also be available to reimburse the Office of
Resolution Management, Diversity and Inclusion, the Office of Employment
Discrimination Complaint Adjudication, and the Alternative Dispute Resolution
function within the Office of Human Resources and Administration for all
services provided at rates which will recover actual costs but not to exceed
$145,408,000 for the Office of Resolution Management, Diversity and Inclusion,
$6,960,000 for the Office of Employment Discrimination Complaint Adjudication,
and $7,772,000 for the Alternative Dispute Resolution function within the Office
of Human Resources and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs: Provided
further, That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems'' accounts for use by the
office that provided the service: Provided further, That the amounts made
available for the Office of Resolution Management, Diversity and Inclusion under
this section may be used for implementation of section 402 of division U of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) and the amendments
made by such section 402.
Sec. 211. No funds of the Department of Veterans Affairs shall be available
for hospital care, nursing home care, or medical services provided to any person
under chapter 17 of title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title, unless that person has
disclosed to the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United States, the
reasonable charges for such care or services from any person who does not make
such disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by the
Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or revenues
derived from enhanced-use leasing activities (including disposal) may be
deposited into the ``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including site acquisition and
disposition), alterations, and improvements of any medical facility under the
jurisdiction or for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are available--
(1) for furnishing recreational facilities, supplies, and equipment;
and
(2) for funeral expenses, burial expenses, and other expenses
incidental to funerals and burials for beneficiaries receiving care in
the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical Care Collections
Fund pursuant to section 1729A of title 38, United States Code, may be
transferred to the ``Medical Services'' and ``Medical Community Care'' accounts
to remain available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into agreements with
Federally Qualified Health Centers in the State of Alaska and Indian Tribes and
Tribal organizations which are party to the Alaska Native Health Compact with
the Indian Health Service, to provide healthcare, including behavioral health
and dental care, to veterans in rural Alaska. The Secretary shall require
participating veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska'' shall
mean those lands which are not within the boundaries of the municipality of
Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the Department of Veterans
Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States
Code, may be transferred to the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal quarter, the
Secretary of Veterans Affairs shall submit to the Committees on Appropriations
of both Houses of Congress a report on the financial status of the Department of
Veterans Affairs for the preceding quarter: Provided, That, at a minimum, the
report shall include the direction contained in the paragraph entitled
``Quarterly reporting'', under the heading ``General Administration'' in the
joint explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', ``Medical Facilities'',
``General Operating Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and ``National Cemetery
Administration'' accounts for fiscal year 2024 may be transferred to or from the
``Information Technology Systems'' account: Provided, That such transfers may
not result in a more than 10 percent aggregate increase in the total amount made
available by this Act for the ``Information Technology Systems'' account:
Provided further, That, before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of Veterans Affairs
for fiscal year 2024 for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', ``Medical Facilities'', ``Construction,
Minor Projects'', and ``Information Technology Systems'', up to $430,532,000,
plus reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund, established
by section 1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2571) and may be used for operation of the
facilities designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That additional funds
may be transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of Congress:
Provided further, That section 220 of title II of division J of Public Law 117-
328 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of Veterans Affairs
which become available on October 1, 2024, for ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'', up to $456,547,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and
may be used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That additional funds may be transferred from accounts
designated in this section to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on Appropriations of both
Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical Care Collections
Fund pursuant to section 1729A of title 38, United States Code, for healthcare
provided at facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500) shall also be
available: (1) for transfer to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571); and (2) for operations of the facilities designated as
combined Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2573), amounts transferred to the Joint Department of Defense--Department
of Veterans Affairs Medical Facility Demonstration Fund shall remain available
until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-VA Health
Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38,
United States Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
Sec. 223. None of the funds available to the Department of Veterans
Affairs, in this or any other Act, may be used to replace the current system by
which the Veterans Integrated Service Networks select and contract for diabetes
monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the Committees on
Appropriations of both Houses of Congress of all bid savings in a major
construction project that total at least $5,000,000, or 5 percent of the
programmed amount of the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract identifying the programmed
amount: Provided further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction, Major
Projects'' may be used for a project in excess of the scope specified for that
project in the original justification data provided to the Congress as part of
the request for appropriations unless the Secretary of Veterans Affairs receives
approval from the Committees on Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal quarter, the
Secretary of Veterans Affairs shall submit to the Committees on Appropriations
of both Houses of Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional Office: Provided,
That, at a minimum, the report shall include the direction contained in the
section entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint explanatory
statement accompanying Public Law 114-223: Provided further, That the report
shall also include information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans Appeals on a quarterly
basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of Congress 15
days prior to organizational changes which result in the transfer of 25 or more
full-time equivalents from one organizational unit of the Department of Veterans
Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
notification of any single national outreach and awareness marketing campaign in
which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination that such
action is necessary to address needs of the Veterans Health Administration, may
transfer to the ``Medical Services'' account any discretionary appropriations
made available for fiscal year 2024 in this title (except appropriations made to
the ``General Operating Expenses, Veterans Benefits Administration'' account) or
any discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2024, that were provided
in advance by appropriations Acts: Provided, That transfers shall be made only
with the approval of the Office of Management and Budget: Provided further,
That the transfer authority provided in this section is in addition to any other
transfer authority provided by law: Provided further, That no amounts may be
transferred from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which originally appropriated
and in no case where the item for which funds are requested has been denied by
Congress: Provided further, That, upon determination that all or part of the
funds transferred from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available for the same
purposes as originally appropriated: Provided further, That before a transfer
may take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to make
the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans Affairs for
fiscal year 2024, under the ``Board of Veterans Appeals'' and the ``General
Operating Expenses, Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram funds among
major construction projects or programs if such instance of reprogramming will
exceed $7,000,000, unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that the toll-
free suicide hotline under section 1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline immediate
assistance from a trained professional; and
(2) adheres to all requirements of the American Association of
Suicidology.
(b)(1) None of the funds made available by this Act may be used to enforce
or otherwise carry out any Executive action that prohibits the Secretary of
Veterans Affairs from appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at the Department of
Veterans Affairs with respect to such a position relating to the hotline
specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such term in
section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on the
effectiveness of the hotline specified in subsection (a) during the 5-year
period beginning on January 1, 2016, based on an analysis of national suicide
data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the hotline
specified in subsection (a) and who receive follow up services from the
hotline or mental health services from the Department of Veterans
Affairs thereafter;
(B) determine the number of veterans who contact the hotline who are
not referred to, or do not continue receiving, mental health care who
commit suicide; and
(C) determine the number of veterans described in subparagraph (A)
who commit or attempt suicide.
Sec. 233. Effective during the period beginning on October 1, 2018, and
ending on January 1, 2025, none of the funds made available to the Secretary of
Veterans Affairs by this or any other Act may be obligated or expended in
contravention of the ``Veterans Health Administration Clinical Preventive
Services Guidance Statement on the Veterans Health Administration's Screening
for Breast Cancer Guidance'' published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Promotion and Disease
Prevention.
Sec. 234. (a) Notwithstanding any other provision of law, the amounts
appropriated or otherwise made available to the Department of Veterans Affairs
for the ``Medical Services'' account may be used to provide--
(1) fertility counseling and treatment using assisted reproductive
technology to a covered veteran or the spouse of a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given such term
in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such term is
defined in section 101 of title 38, United States Code, who has a
service-connected disability that results in the inability of the
veteran to procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology'' means benefits
relating to reproductive assistance provided to a member of the Armed
Forces who incurs a serious injury or illness on active duty pursuant to
section 1074(c)(4)(A) of title 10, United States Code, as described in
the memorandum on the subject of ``Policy for Assisted Reproductive
Services for the Benefit of Seriously or Severely Ill/Injured (Category
II or III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and the
guidance issued to implement such policy, including any limitations on
the amount of such benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means reimbursement for the
adoption-related expenses for an adoption that is finalized after the
date of the enactment of this Act under the same terms as apply under
the adoption reimbursement program of the Department of Defense, as
authorized in Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection (a) of
this section are subject to the requirements for funds contained in section 508
of division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141).
Sec. 235. None of the funds appropriated or otherwise made available by
this Act or any other Act for the Department of Veterans Affairs may be used in
a manner that is inconsistent with: (1) section 842 of the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109-115;
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply to conversion
of an activity or function of the Veterans Health Administration, Veterans
Benefits Administration, or National Cemetery Administration to contractor
performance by a business concern that is at least 51 percent owned by one or
more Indian Tribes as defined in section 5304(e) of title 25, United States
Code, or one or more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 237. (a) The Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall discontinue collecting
and using Social Security account numbers to authenticate individuals in all
information systems of the Department of Veterans Affairs for all individuals
not later than September 30, 2024.
(b) The Secretary of Veterans Affairs may collect and use a Social Security
account number to identify an individual, in accordance with section 552a of
title 5, United States Code, in an information system of the Department of
Veterans Affairs if and only if the use of such number is necessary to:
(1) obtain or provide information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary;
(2) comply with a law, regulation, or court order;
(3) perform anti-fraud activities; or
(4) identify a specific individual where no adequate substitute is
available.
(c) The matter in subsections (a) and (b) shall supersede section 237 of
division J of Public Law 117-328.
Sec. 238. For funds provided to the Department of Veterans Affairs for each
of fiscal year 2024 and 2025 for ``Medical Services'', section 239 of division A
of Public Law 114-223 shall apply.
Sec. 239. None of the funds appropriated in this or prior appropriations
Acts or otherwise made available to the Department of Veterans Affairs may be
used to transfer any amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of Veterans Affairs for
each of fiscal year 2024 and fiscal year 2025 for ``Medical Services'', funds
may be used in each year to carry out and expand the child care program
authorized by section 205 of Public Law 111-163, notwithstanding subsection (e)
of such section.
Sec. 241. None of the funds appropriated or otherwise made available in
this title may be used by the Secretary of Veterans Affairs to enter into an
agreement related to resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members of Congress or their
staff on any topic not otherwise prohibited from disclosure by Federal law or
required by Executive order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans Affairs for each
of fiscal year 2024 and 2025, section 258 of division A of Public Law 114-223
shall apply.
Sec. 243. (a) None of the funds appropriated or otherwise made available by
this Act may be used to deny an Inspector General funded under this Act timely
access to any records, documents, or other materials available to the department
or agency over which that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the
access of the Inspector General to such records, documents, or other materials,
under any provision of law, except a provision of law that expressly refers to
such Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall provide its
Inspector General access to all records, documents, and other materials in a
timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to the
Committee on Appropriations of the Senate and the Committee on Appropriations of
the House of Representatives within 5 calendar days of any failure by any
department or agency covered by this section to comply with this requirement.
Sec. 244. None of the funds made available in this Act may be used in a
manner that would increase wait times for veterans who seek care at medical
facilities of the Department of Veterans Affairs.
Sec. 245. None of the funds appropriated or otherwise made available by
this Act to the Veterans Health Administration may be used in fiscal year 2024
to convert any program which received specific purpose funds in fiscal year 2023
to a general purpose funded program unless the Secretary of Veterans Affairs
submits written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least 30 days prior to any such
action and an approval is issued by the Committees.
Sec. 246. For funds provided to the Department of Veterans Affairs for each
of fiscal year 2024 and 2025, section 248 of division A of Public Law 114-223
shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise made available by
this Act may be used to conduct research commencing on or after the date of
enactment of this Act, that uses any canine, feline, or non-human primate unless
the Secretary of Veterans Affairs approves such research specifically and in
writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of research
commencing on or after the date of enactment of this Act, using canines,
felines, or non-human primates if the Secretary certifies that--
(A) the scientific objectives of the research can only be met by
using such canines, felines, or non-human primates and cannot be met
using other animal models, in vitro models, computational models, human
clinical studies, or other research alternatives;
(B) such scientific objectives are necessary to advance research
benefiting veterans and are directly related to an illness or injury
that is combat-related as defined by 10 U.S.C. 1413(e);
(C) the research is consistent with the revised Department of
Veterans Affairs canine research policy document dated December 15,
2017, including any subsequent revisions to such document; and
(D) ethical considerations regarding minimizing the harm experienced
by canines, felines, or non-human primates are included in evaluating
the scientific necessity of the research.
(2) The Secretary may not delegate the authority under this subsection.
(c) If the Secretary approves any new research pursuant to subsection (b),
not later than 30 days before the commencement of such research, the Secretary
shall submit to the Committees on Appropriations of the Senate and House of
Representatives a report describing--
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the USDA pain category on the approved use;
(4) the justification for the determination of the Secretary that
the scientific objectives of such research could only be met using
canines, felines, or non-human primates, and methods used to make such
determination;
(5) the frequency and duration of such research; and
(6) the protocols in place to ensure the necessity, safety, and
efficacy of the research, and animal welfare.
(d) Not later than 180 days after the date of the enactment of this Act, and
biannually thereafter, the Secretary shall submit to such Committees a report
describing--
(1) any research being conducted by the Department of Veterans
Affairs using canines, felines, or non-human primates as of the date of
the submittal of the report;
(2) the circumstances under which such research was conducted using
canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research;
(4) the protocols in place to ensure the necessity, safety, and
efficacy of such research; and
(5) the development and adoption of alternatives to canines,
felines, or non-human primate research.
(e) Not later than 180 days after the date of the enactment of this Act, and
annually thereafter, the Department of Veterans Affairs must submit to voluntary
U.S. Department of Agriculture inspections of canine, feline, and non-human
primate research facilities.
(f) Not later than 180 days after the date of the enactment of this Act, and
annually thereafter, the Secretary shall submit to such Committees a report
describing --
(1) any violations of the Animal Welfare Act, the Public Health
Service Policy on Humane Care and Use of Laboratory Animals, or other
Department of Veterans Affairs policies related to oversight of animal
research found during that quarter in VA research facilities;
(2) immediate corrective actions taken; and
(3) specific actions taken to prevent their recurrence.
(g) The Department shall implement a plan under which the Secretary will
eliminate the research conducted using canines, felines, or non-human primates
by not later than 2 years after the date of enactment of this Act.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts appropriated
or otherwise made available in this title to ensure that the ratio of veterans
to full-time employment equivalents within any program of rehabilitation
conducted under chapter 31 of title 38, United States Code, does not exceed 125
veterans to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment of this Act, the
Secretary shall submit to Congress a report on the programs of rehabilitation
conducted under chapter 31 of title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for each such
program; and
(2) recommendations for such action as the Secretary considers
necessary to reduce the veteran-to-staff ratio for each such program.
Sec. 249. Amounts made available for the ``Veterans Health Administration,
Medical Community Care'' account in this or any other Act for fiscal years 2024
and 2025 may be used for expenses that would otherwise be payable from the
Veterans Choice Fund established by section 802 of the Veterans Access, Choice,
and Accountability Act, as amended (38 U.S.C. 1701 note).
Sec. 250. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state homes (as
authorized by section 1741 of title 38, United States Code) shall remain in the
``Medical Community Care'' account for such fiscal years.
Sec. 251. Of the amounts made available for the Department of Veterans
Affairs for fiscal year 2024, in this or any other Act, under the ``Veterans
Health Administration--Medical Services'', ``Veterans Health Administration--
Medical Community Care'', ``Veterans Health Administration--Medical Support and
Compliance'', and ``Veterans Health Administration--Medical Facilities''
accounts, $990,446,000 shall be made available for gender-specific care and
programmatic efforts to deliver care for women veterans.
Sec. 252. Of the unobligated balances available in fiscal year 2024 in the
``Recurring Expenses Transformational Fund'' established in section 243 of
division J of Public Law 114-113, and in addition to any funds otherwise made
available for such purposes in this, prior, or subsequent fiscal years,
$646,000,000 shall be available for constructing, altering, extending, and
improving medical facilities of the Veterans Health Administration, including
all supporting activities and required contingencies, during the period of
availability of the Fund: Provided, That prior to obligation of any of the
funds provided in this section, the Secretary of Veterans Affairs must provide a
plan for the execution of the funds appropriated in this section to the
Committees on Appropriations of both Houses of Congress and such Committees
issue an approval, or absent a response, a period of 30 days has elapsed.
Sec. 253. Not later than 30 days after the end of each fiscal quarter, the
Secretary of Veterans Affairs shall submit to the Committees on Appropriations
of both Houses of Congress a quarterly report on the status of section 8006 of
the American Rescue Plan of 2021 (Public Law 117-2): Provided, That, at a
minimum, the report shall include an update on obligations by program, project
or activity and a plan for expending the remaining funds.
Sec. 254. Not later than 30 days after enactment of this Act, the Secretary
shall submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds made available through the Fiscal Responsibility Act
of 2023 (Public Law 118-5) for the Cost of War Toxic Exposures Fund for fiscal
year 2024: Provided, That the budget resource categories supporting the
Veterans Health Administration shall be reported by the subcategories ``Medical
Services'', ``Medical Community Care'', ``Medical Support and Compliance'', and
``Medical and Prosthetic Research'': Provided further, That not later than 30
days after the end of each fiscal quarter, the Secretary shall submit a
quarterly report on the status of the funds, including, at a minimum, an update
on obligations by program, project or activity.
Sec. 255. Any amounts transferred to the Secretary and administered by a
corporation referred to in section 7364(b) of title 38, United States Code,
between October 1, 2017 and September 30, 2018 for purposes of carrying out an
order placed with the Department of Veterans Affairs pursuant to section 1535 of
title 31, United States Code, that are available for obligation pursuant to
section 7364(b)(1) of title 38, United States Code, are to remain available for
the liquidation of valid obligations incurred by such corporation during the
period of performance of such order, provided that the Secretary of Veterans
Affairs determines that such amounts need to remain available for such
liquidation.
(rescission of funds)
Sec. 256. Of the unobligated balances from amounts made available under the
heading ``Departmental Administration--Veterans Electronic Health Record'' in
division J of the Consolidated Appropriations Act, 2023 (Public Law 117-328),
$460,005,000 is hereby rescinded.
Sec. 257. None of the funds in this or any other Act may be used to close
Department of Veterans Affairs hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services at existing
Veterans Health Administration medical facilities as part of a planned
realignment of services until the Secretary provides to the Committees on
Appropriations of both Houses of Congress a report including an analysis of how
any such planned realignment of services will impact access to care for veterans
living in rural or highly rural areas, including travel distances and
transportation costs to access a Department medical facility and availability of
local specialty and primary care.
Sec. 258. Unobligated balances available under the headings ``Construction,
Major Projects'' and ``Construction, Minor Projects'' may be obligated by the
Secretary of Veterans Affairs for a facility pursuant to section 2(e)(1) of the
Communities Helping Invest through Property and Improvements Needed for Veterans
Act of 2016 (Public Law 114-294; 38 U.S.C. 8103 note), as amended, to provide
additional funds or to fund an escalation clause under such section of such Act:
Provided, That before such unobligated balances are obligated pursuant to this
section, the Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to obligate such
unobligated balances and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed: Provided further, That the request
to obligate such unobligated balances must provide Congress notice that the
entity described in section 2(a)(2) of Public Law 114-294, as amended, has
exhausted available cost containment approaches as set forth in the agreement
under section 2(c) of such Public Law.
(rescissions of funds)
Sec. 259. Of the unobligated balances from amounts made available under the
heading ``Veterans Health Administration'' from prior appropriations Acts,
including any funds transferred from the Medical Care Collections Fund to
accounts under such heading, $1,951,750,000 is hereby rescinded: Provided, That
no amounts may be rescinded from amounts that were provided under the heading
``Medical and Prosthetic Research'' or amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a plan for rescinding
amounts required by this section no later than 30 days after enactment of this
Act.
(rescissions of funds)
Sec. 260. Of the unobligated balances from amounts made available to the
Department of Veterans Affairs from prior appropriations Acts, the following
funds are hereby rescinded from the following accounts in the amounts specified:
``General Operating Expenses, Veterans Benefits Administration'',
$30,000,000;
``General Administration'', $5,000,000;
``Board of Veterans Appeals'', $15,000,000;
``Information Technology Systems'', $15,000,000; and
``Construction, Major Projects'', $80,218,560:
Provided, That no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
(including transfer and rescission of funds)
Sec. 261. Amounts provided to the Department of Veterans Affairs under the
heading ``Departmental Administration--Construction, Major Projects'' in title
II of division F of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) that were transferred to the U.S. Army Corps of Engineers (Corps)
pursuant to an interagency agreement for the major construction project in
Alameda, CA, and that remain unobligated at the Corps, shall be immediately
transferred back to the Department of Veterans Affairs and permanently
rescinded, and an amount of additional new budget authority equivalent to the
amount rescinded shall be appropriated, to remain available until September 30,
2028, for the same purposes and under the same authorities for which such
amounts were originally provided under such heading in such Act, in addition to
amounts otherwise available for such purposes.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American Battle
Monuments Commission, including the acquisition of land or interest in land in
foreign countries; purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor vehicles; not
to exceed $15,000 for official reception and representation expenses; and
insurance of official motor vehicles in foreign countries, when required by law
of such countries, $158,630,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American Battle
Monuments Commission, such sums as may be necessary, to remain available until
expended, for purposes authorized by section 2109 of title 36, United States
Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court of
Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title
38, United States Code, $47,200,000: Provided, That $3,000,000 shall be
available for the purpose of providing financial assistance as described and in
accordance with the process and reporting procedures set forth under this
heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement of
Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase or lease of passenger motor vehicles for replacement on a
one-for-one basis only, and not to exceed $2,000 for official reception and
representation expenses, $99,880,000, of which not to exceed $15,000,000 shall
remain available until September 30, 2026. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to be derived from
the ``Lease of Department of Defense Real Property for Defense Agencies''
account.
construction
For necessary expenses for planning and design and construction at Arlington
National Cemetery and Soldiers' and Airmen's Home National Cemetery,
$88,600,000, to remain available until expended, for planning and design and
construction associated with the Southern Expansion project at Arlington
National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to operate and
maintain the Armed Forces Retirement Home--Washington, District of Columbia, and
the Armed Forces Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund, $77,000,000, to remain
available until September 30, 2025, of which $8,940,000 shall remain available
until expended for construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of Columbia, and the Armed
Forces Retirement Home--Gulfport, Mississippi: Provided, That of the amounts
made available under this heading from funds available in the Armed Forces
Retirement Home Trust Fund, $25,000,000 shall be paid from the general fund of
the Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established under 10
U.S.C. 7727 are appropriated and shall be available until expended to support
activities at the Army National Military Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
Sec. 402. None of the funds made available in this Act may be used for any
program, project, or activity, when it is made known to the Federal entity or
official to which the funds are made available that the program, project, or
activity is not in compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and funding,
to expand their use of ``E-Commerce'' technologies and procedures in the conduct
of their business practices and public service activities.
Sec. 404. Unless stated otherwise, all reports and notifications required
by this Act shall be submitted to the Subcommittee on Military Construction and
Veterans Affairs, and Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military Construction and
Veterans Affairs, and Related Agencies of the Committee on Appropriations of the
Senate.
Sec. 405. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government
except pursuant to a transfer made by, or transfer authority provided in, this
or any other appropriations Act.
Sec. 406. None of the funds made available in this Act may be used for a
project or program named for an individual serving as a Member, Delegate, or
Resident Commissioner of the United States House of Representatives.
Sec. 407. (a) Any agency receiving funds made available in this Act, shall,
subject to subsections (b) and (c), post on the public Web site of that agency
any report required to be submitted by the Congress in this or any other Act,
upon the determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national security;
or
(2) the report contains confidential or proprietary information.
(c) The head of the agency posting such report shall do so only after such
report has been made available to the requesting Committee or Committees of
Congress for no less than 45 days.
Sec. 408. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may be used by an
agency of the executive branch to pay for first-class travel by an employee of
the agency in contravention of sections 301-10.122 through 301-10.124 of title
41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may be used to
execute a contract for goods or services, including construction services, where
the contractor has not complied with Executive Order No. 12989.
Sec. 411. None of the funds made available by this Act may be used in
contravention of section 101(e)(8) of title 10, United States Code.
Sec. 412. (a) In General.--None of the funds appropriated or otherwise made
available to the Department of Defense in this Act may be used to construct,
renovate, or expand any facility in the United States, its territories, or
possessions to house any individual detained at United States Naval Station,
Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any modification of
facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of
June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba,
and who--
(1) is not a citizen of the United States or a member of the Armed
Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 413. None of the funds made available by this Act may be used by the
Secretary of Veterans Affairs under section 5502 of title 38, United States
Code, in any case arising out of the administration by the Secretary of laws and
benefits under such title, to report a person who is deemed mentally
incapacitated, mentally incompetent, or to be experiencing an extended loss of
consciousness as a person who has been adjudicated as a mental defective under
subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code,
without the order or finding of a judge, magistrate, or other judicial authority
of competent jurisdiction that such person is a danger to himself or herself or
others.
This division may be cited as the ``Military Construction, Veterans Affairs,
and Related Agencies Appropriations Act, 2024''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $58,292,000 of which
not to exceed $7,000,000 shall be available for the immediate Office of the
Secretary; not to exceed $1,896,000 shall be available for the Office of
Homeland Security; not to exceed $5,190,000 shall be available for the Office of
Tribal Relations, of which $1,000,000 shall be to continue a Tribal Public
Health Resource Center at a land grant university with existing indigenous
public health expertise to expand current partnerships and collaborative efforts
with indigenous groups, including but not limited to, tribal organizations and
institutions such as tribal colleges, tribal technical colleges, tribal
community colleges and tribal universities, to improve the delivery of
culturally appropriate public health services and functions in American Indian
communities focusing on indigenous food sovereignty; not to exceed $7,500,000
shall be available for the Office of Partnerships and Public Engagement, of
which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed $25,206,000
shall be available for the Office of the Assistant Secretary for Administration,
of which $23,500,000 shall be available for Departmental Administration to
provide for necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and alterations,
and other miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department: Provided,
That funds made available by this Act to an agency in the Administration mission
area for salaries and expenses are available to fund up to one administrative
support staff for the Office; not to exceed $4,500,000 shall be available for
the Office of Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison within the
executive branch; and not to exceed $7,000,000 shall be available for the Office
of Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided further,
That no appropriation for any office shall be increased or decreased by more
than 5 percent: Provided further, That not to exceed $22,000 of the amount made
available under this paragraph for the immediate Office of the Secretary shall
be available for official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall be
reimbursed from applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the Office of the
Assistant Secretary for Congressional Relations and Intergovernmental Affairs
shall be transferred to agencies of the Department of Agriculture funded by this
Act to maintain personnel at the agency level: Provided further, That no funds
made available under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of these funds by
USDA agency: Provided further, That during any 30 day notification period
referenced in section 716 of this Act, the Secretary of Agriculture shall take
no action to begin implementation of the action that is subject to section 716
of this Act or make any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist, $30,500,000, of
which $10,000,000 shall be for grants or cooperative agreements for policy
research under 7 U.S.C. 3155: Provided, That of the amounts made available
under this heading, $2,000,000 shall be for an interdisciplinary center based at
a land grant university focused on agricultural policy relevant to the Midwest
region which will provide private entities, policymakers, and the public with
timely insights and targeted economic solutions: Provided further, That of the
amounts made available under this heading, $500,000 shall be available to carry
out section 224 of subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6924), as amended by section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals, $16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$14,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer,
$91,000,000, of which not less than $77,428,000 is for cybersecurity
requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$6,867,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for Civil
Rights, $1,466,000: Provided, That funds made available by this Act to an
agency in the Civil Rights mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $37,000,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law 92-313,
including authorities pursuant to the 1984 delegation of authority from the
Administrator of General Services to the Department of Agriculture under 40
U.S.C. 121, for programs and activities of the Department which are included in
this Act, and for alterations and other actions needed for the Department and
its agencies to consolidate unneeded space into configurations suitable for
release to the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings and facilities,
and for related costs, $22,603,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply with the
Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.
9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$3,000,000, to remain available until expended: Provided, That appropriations
and funds available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in meeting all
requirements pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and Protection,
$20,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978 (Public Law 95-452; 5
U.S.C. App.), $111,561,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978 (Public Law 95-
452; 5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of informants, to be
expended under the direction of the Inspector General pursuant to the Inspector
General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel, $60,537,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,500,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for Research,
Education, and Economics, $1,884,000: Provided, That funds made available by
this Act to an agency in the Research, Education, and Economics mission area for
salaries and expenses are available to fund up to one administrative support
staff for the Office: Provided further, That of the amounts made available
under this heading, $500,000 shall be made available for the Office of the Chief
Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service, $90,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics Service,
$187,513,000, of which up to $46,850,000 shall be available until expended for
the Census of Agriculture: Provided, That amounts made available for the Census
of Agriculture may be used to conduct Current Industrial Report surveys subject
to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal cost not to
exceed $100,000 and with prior notification and approval of the Committees on
Appropriations of both Houses of Congress, and for land exchanges where the
lands exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership, $1,788,063,000:
Provided, That appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for replacement
only: Provided further, That appropriations hereunder shall be available
pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000, except for headhouses
or greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed $1,100,000 each,
and except for four buildings to be constructed at a cost not to exceed
$5,000,000 each, and the cost of altering any one building during the fiscal
year shall not exceed 10 percent of the current replacement value of the
building or $500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into lease agreements
at any Agricultural Research Service location for the construction of a research
facility by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be owned,
operated, and maintained by the non-Federal entity and shall be removed upon the
expiration or termination of the lease agreement: Provided further, That the
limitations on alterations contained in this Act shall not apply to
modernization or replacement of existing facilities at Beltsville, Maryland:
Provided further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided further,
That the foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided
further, That appropriations hereunder shall be available for granting easements
at any Agricultural Research Service location for the construction of a research
facility by a non-Federal entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be that upon completion
the facility shall be accepted by the Secretary, subject to the availability of
funds herein, if the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds may be received
from any State, other political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or research project
of the Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities as necessary to carry
out the agricultural research programs of the Department of Agriculture, where
not otherwise provided, $57,164,000, to remain available until expended, for the
purposes, and in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative forestry
and other research, for facilities, and for other expenses, $1,075,950,000,
which shall be for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture, Research and Education
Activities'' in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That funds for
research grants for 1994 institutions, education grants for 1890 institutions,
Hispanic serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research initiative,
veterinary medicine loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, grants management systems, tribal colleges
education equity grants, and scholarships at 1890 institutions shall remain
available until expended: Provided further, That each institution eligible to
receive funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and Native
Hawaiian-serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds awarded equally to
each of the States of Alaska and Hawaii: Provided further, That funds for
providing grants for food and agricultural sciences for Alaska Native and Native
Hawaiian-Serving institutions and for Insular Areas shall remain available until
September 30, 2025: Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222: Provided further, That not more than 5 percent of
the amounts made available by this or any other Act to carry out the Agriculture
and Food Research Initiative under 7 U.S.C. 3157 may be retained by the
Secretary of Agriculture to pay administrative costs incurred by the Secretary
in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by Public Law
103-382 (7 U.S.C. 301 note), $11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, the Northern Marianas, and American Samoa,
$561,700,000 which shall be for the purposes, and in the amounts, specified in
the table titled ``National Institute of Food and Agriculture, Extension
Activities'' in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That funds for
extension services at 1994 institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided further, That
institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative
extension receive no less than $1,000,000: Provided further, That funds for
cooperative extension under sections 3(b) and (c) of the Smith-Lever Act (7
U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471 shall be
available for retirement and employees' compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants programs,
including necessary administrative expenses, $41,100,000, which shall be for the
purposes, and in the amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That funds for the Food and Agriculture Defense Initiative
shall remain available until September 30, 2025: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be charged
against any Extension Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for Marketing
and Regulatory Programs, $1,617,000: Provided, That funds made available by
this Act to an agency in the Marketing and Regulatory Programs mission area for
salaries and expenses are available to fund up to one administrative support
staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection Service,
including up to $30,000 for representation allowances and for expenses pursuant
to the Foreign Service Act of 1980 (22 U.S.C. 4085), $1,162,026,000, of which up
to $14,276,000 shall be for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); of which $500,000, to remain
available until expended, shall be for invasive catfish control; of which
$250,000, to remain available until expended, shall be available for the control
of outbreaks of insects, plant diseases, animal diseases and for control of pest
animals and birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $15,500,000, to remain available until expended,
shall be used for the cotton pests program, including for cost share purposes or
for debt retirement for active eradication zones; of which $40,000,000, to
remain available until expended, shall be for Animal Health Technical Services;
of which $35,500,000, to remain available until expended, shall be for
agricultural quarantine and inspection services; of which $3,500,000 shall be
for activities under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $65,000,000, to remain available until
expended, shall be used to support avian health; of which $4,000,000, to remain
available until expended, shall be for information technology infrastructure; of
which $215,000,000, to remain available until expended, shall be for specialty
crop pests, of which $8,500,000, to remain available until September 30, 2025,
shall be for one-time control and management and associated activities directly
related to the multiple-agency response to citrus greening; of which,
$12,000,000, to remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $21,000,000, to remain available until
expended, shall be for zoonotic disease management; of which $44,500,000, to
remain available until expended, shall be for emergency preparedness and
response; of which $59,000,000, to remain available until expended, shall be for
tree and wood pests; of which $6,000,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to $1,500,000, to
remain available until expended, shall be for the scrapie program for
indemnities; of which $2,500,000, to remain available until expended, shall be
for the wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended: Provided
further, That of amounts available under this heading for the screwworm program,
$4,990,000 shall remain available until expended; of which $24,527,000, to
remain available until expended, shall be used to carry out the science program
and transition activities for the National Bio and Agro-defense Facility located
in Manhattan, Kansas: Provided further, That no funds shall be used to
formulate or administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be available for the
purchase, replacement, operation, and maintenance of aircraft: Provided
further, That in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for expenses
in accordance with sections 10411 and 10417 of the Animal Health Protection Act
(7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7
U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration of
leased buildings and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not exceed 10 percent of
the current replacement value of the building.
In fiscal year 2024, the agency is authorized to collect fees to cover the
total costs of providing technical assistance, goods, or services requested by
States, other political subdivisions, domestic and international organizations,
foreign governments, or individuals, provided that such fees are structured such
that any entity's liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency, and such
fees shall be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance, environmental
support, improvement, extension, alteration, and purchase of fixed equipment or
facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as
authorized by 7 U.S.C. 2268a, $1,000,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service, $222,887,000,
of which $6,000,000 shall be available for the purposes of section 12306 of
Public Law 113-79, and of which $1,000,000 shall be available for the purposes
of section 779 of division A of Public Law 117-103: Provided, That of the
amounts made available under this heading, $12,000,000, to remain available
until expended, shall be to carry out section 12513 of Public Law 115-334, of
which $11,250,000 shall be for dairy business innovation initiatives established
in Public Law 116-6 and the Secretary shall take measures to ensure an equal
distribution of funds between these three regional innovation initiatives:
Provided further, That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701), except for the cost
of activities relating to the development or maintenance of grain standards
under the United States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be obligated during
the current fiscal year for administrative expenses: Provided, That if crop
size is understated and/or other uncontrollable events occur, the agency may
exceed this limitation by up to 10 percent with notification to the Committees
on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), shall be used only for commodity program expenses as authorized therein,
and other related operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.); (2) transfers otherwise provided in this Act; and (3) not
more than $21,501,000 for formulation and administration of marketing agreements
and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments of
markets, and similar agencies for marketing activities under section 204(b) of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,000,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated during
the current fiscal year for inspection and weighing services: Provided, That if
grain export activities require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded by up to 10
percent with notification to the Committees on Appropriations of both Houses of
Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food Safety,
$1,117,000: Provided, That funds made available by this Act to an agency in the
Food Safety mission area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the Federal Meat
Inspection Act, the Poultry Products Inspection Act, and the Egg Products
Inspection Act, including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $1,190,009,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act
of 1990 (7 U.S.C. 138f): Provided, That funds provided for the Public Health
Data Communication Infrastructure system shall remain available until expended:
Provided further, That no fewer than 148 full-time equivalent positions shall be
employed during fiscal year 2024 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C. 1901 et
seq.): Provided further, That the Food Safety and Inspection Service shall
continue implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for Farm
Production and Conservation, $1,527,000: Provided, That funds made available by
this Act to an agency in the Farm Production and Conservation mission area for
salaries and expenses are available to fund up to one administrative support
staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation Business
Center, $244,183,000, of which $1,000,000 shall be for the implementation of
section 773 of Public Law 117-328: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of the Farm
Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,209,307,000, of which
not less than $15,000,000 shall be for the hiring of new employees to fill
vacancies and anticipated vacancies at Farm Service Agency county offices and
farm loan officers and shall be available until September 30, 2025: Provided,
That the agency shall submit a report by the end of the fourth quarter of fiscal
year 2024 to the Committees on Appropriations of both Houses of Congress that
identifies for each project/investment that is operational (a) current
performance against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical metrics, (c) current
performance against a pre-established cost baseline, (d) a detailed breakdown of
current and planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further, That the
Secretary is authorized to use the services, facilities, and authorities (but
not the funds) of the Commodity Credit Corporation to make program payments for
all programs administered by the Agency: Provided further, That other funds
made available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That of the amount appropriated
under this heading, $696,594,000 shall be made available to county offices, to
remain available until expended: Provided further, That, notwithstanding the
preceding proviso, any funds made available to county offices in the current
fiscal year that the Administrator of the Farm Service Agency deems to exceed or
not meet the amount needed for the county offices may be transferred to or from
the Farm Service Agency for necessary expenses: Provided further, That none of
the funds available to the Farm Service Agency shall be used to close Farm
Service Agency county offices: Provided further, That none of the funds
available to the Farm Service Agency shall be used to permanently relocate
county based employees that would result in an office with two or fewer
employees without prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act of
1987, as amended (7 U.S.C. 5101-5106), $6,500,000: Provided, That the Secretary
of Agriculture may determine that United States territories and Federally
recognized Indian tribes are ``States'' for the purposes of Subtitle A of such
Act.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater protection
activities under section 1240O of the Food Security Act of 1985 (16 U.S.C.
3839bb-2), $7,000,000, to remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to dairy
farmers and manufacturers of dairy products under a dairy indemnity program,
such sums as may be necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same manner as the
dairy indemnity program described in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public
Law 106-387, 114 Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement payments to
geographically disadvantaged farmers and ranchers under section 1621 of the Food
Conservation, and Energy Act of 2008 (7 U.S.C. 8792), $3,500,000, to remain
available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and guaranteed farm
ownership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans,
emergency loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed conservation loans
(7 U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian highly
fractionated land loans (25 U.S.C. 5136) to be available from funds in the
Agricultural Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed
farm ownership loans and $3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans and $1,633,000,000
for direct operating loans; emergency loans, $37,667,000; Indian tribe land
acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $61,426,000; Indian highly fractionated land loans,
$5,000,000; and for boll weevil eradication program loans, $60,000,000:
Provided, That the Secretary shall deem the pink bollworm to be a boll weevil
for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including the cost
of modifying loans as defined in section 502 of the Congressional Budget Act of
1974, as follows: $3,507,000 for emergency loans, to remain available until
expended; and $27,598,000 for direct farm operating loans, $1,483,000 for
unsubsidized guaranteed farm operating loans, $19,368,000 for the relending
program, $1,577,000 for Indian highly fractionated land loans, and $258,000 for
boll weevil eradication program loans.
In addition, for administrative expenses necessary to carry out the direct
and guaranteed loan programs, $326,053,000: Provided, That of this amount,
$305,803,000 shall be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance Program
Account for farm ownership, operating and conservation direct loans and
guaranteed loans may be transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are notified at least 15
days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $65,637,000:
Provided, That $1,000,000 of the amount appropriated under this heading in this
Act shall be available for compliance and integrity activities required under
section 516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7 U.S.C.
1516(b)(2)(C)), and shall be in addition to amounts otherwise provided for such
purpose: Provided further, That not to exceed $1,000 shall be available for
official reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of April
27, 1935 (16 U.S.C. 590a-f), including preparation of conservation plans and
establishment of measures to conserve soil and water (including farm irrigation
and land drainage and such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation plant materials
centers; classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and
erection or alteration or improvement of permanent and temporary buildings; and
operation and maintenance of aircraft, $914,899,000, to remain available until
September 30, 2025, of which $19,144,913 shall be for the purposes, and in the
amounts, specified for this account in the table titled ``Community Project
Funding/Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not exceed
$250,000: Provided further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is obtained as provided in
7 U.S.C. 2250a: Provided further, That of the total amount available under this
heading, $7,000,000 shall be for necessary expenses to carry out the Urban
Agriculture and Innovative Production Program under section 222 of subtitle A of
title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6923), as amended by section 12302 of Public Law 115-334.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including but not
limited to surveys and investigations, engineering operations, works of
improvement, and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in
accordance with the provisions of laws relating to the activities of the
Department, $35,000,000, to remain available until expended, of which
$20,350,000 shall be for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That for funds
provided by this Act or any other prior Act, the limitation regarding the size
of the watershed or subwatershed exceeding two hundred and fifty thousand acres
in which such activities can be undertaken shall only apply for activities
undertaken for the primary purpose of flood prevention (including structural and
land treatment measures): Provided further, That of the amounts made available
under this heading, $14,650,000 shall be allocated to multi-benefit irrigation
modernization projects and activities that increase fish or wildlife habitat,
reduce drought impact, improve water quality or instream flow, or provide off-
channel renewable energy production.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and Flood
Prevention Act, $1,000,000 is provided.
CORPORATIONS
The following corporations and agencies are hereby authorized to make
expenditures, within the limits of funds and borrowing authority available to
each such corporation or agency and in accord with law, and to make contracts
and commitments without regard to fiscal year limitations as provided by section
104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop Insurance Act
(7 U.S.C. 1516), such sums as may be necessary, to remain available until
expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit Corporation Charter Act (15
U.S.C. 714i) for the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management activities of the
Foreign Agricultural Service that are not related to Commodity Credit
Corporation business: Provided further, That the Secretary shall notify the
Committees on Appropriations of the House and Senate in writing 15 days prior to
the obligation or commitment of any emergency funds from the Commodity Credit
Corporation: Provided further, That such written notification shall include a
detailed spend plan for the anticipated uses of such funds and an expected
timeline for program execution if such obligation or commitment exceeds
$100,000,000.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall not
expend more than $15,000,000 for site investigation and cleanup expenses, and
operations and maintenance expenses to comply with the requirement of section
107(g) of the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act (42
U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for Rural
Development, $1,620,000: Provided, That funds made available by this Act to an
agency in the Rural Development mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $351,087,000: Provided, That of
the amount made available under this heading, up to $1,500,000, to remain
available until September 30, 2025, shall be for the Rural Partners Network
activities of the Department of Agriculture, and may be transferred to other
agencies of the Department for such purpose, consistent with the missions and
authorities of such agencies: Provided further, That of the amount made
available under this heading, no less than $75,000,000, to remain available
until expended, shall be used for information technology expenses: Provided
further, That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That in addition to any
other funds appropriated for purposes authorized by section 502(i) of the
Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such
section, as amended by this Act, will immediately be credited to this account
and will remain available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and guaranteed
loans as authorized by title V of the Housing Act of 1949, to be available from
funds in the rural housing insurance fund, as follows: $880,000,000 shall be for
section 502 direct loans; $5,000,000 shall be for a Single Family Housing
Relending demonstration program for Native American Tribes; and $25,000,000,000,
which shall remain available until September 30, 2025 shall be for section 502
unsubsidized guaranteed loans; $25,000,000 for section 504 housing repair loans;
$60,000,000 for section 515 rental housing; $400,000,000 for section 538
guaranteed multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; $5,000,000 for section 523 self-help housing
land development loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of 1974, as
follows: section 502 loans, $84,480,000 shall be for direct loans; Single Family
Housing Relending demonstration program for Native American Tribes, $2,288,000;
section 504 housing repair loans, $4,338,000; section 523 self-help housing land
development loans, $637,000; section 524 site development loans, $477,000; and
repair, rehabilitation, and new construction of section 515 rental housing,
$20,988,000, to remain available until expended: Provided, That to support the
loan program level for section 538 guaranteed loans made available under this
heading the Secretary may charge or adjust any fees to cover the projected cost
of such loan guarantees pursuant to the provisions of the Credit Reform Act of
1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not be
subsidized: Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing Act of 1949 (42
U.S.C. 1490q) shall be treated as living in a rural area for purposes of section
502 guaranteed loans provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct loans, no less
than $5,000,000 shall be available for direct loans for individuals whose homes
will be built pursuant to a program funded with a mutual and self-help housing
grant authorized by section 523 of the Housing Act of 1949 until June 1, 2024:
Provided further, That the Secretary shall implement provisions to provide
incentives to nonprofit organizations and public housing authorities to
facilitate the acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing authorities that
commit to keep such properties in the RHS multifamily housing program for a
period of time as determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit entities and public
housing authorities to earn a Return on Investment on their own resources to
include proceeds from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational costs associated
with owner's oversight of asset referred to as ``Asset Management Fee'' of up to
$7,500 per property.
In addition, for the cost of direct loans and grants, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget Act of
1974, $34,000,000, to remain available until expended, for a demonstration
program for the preservation and revitalization of the sections 514, 515, and
516 multi-family rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or re-amortizing loan debt; and
other financial assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns on investment)
required by the Secretary: Provided, That the Secretary shall, as part of the
preservation and revitalization agreement, obtain a restrictive use agreement
consistent with the terms of the restructuring.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 1484,
1486), $12,722,000, to remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and contracts.
In addition, for administrative expenses necessary to carry out the direct
and guaranteed loan programs, $412,254,000 shall be paid to the appropriation
for ``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to the
authority under section 521(a)(2) of the Housing Act of 1949 or agreements
entered into in lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,608,000,000,
and in addition such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out
the rental assistance program under section 521(a)(2) of the Act: Provided,
That amounts made available under this heading shall be available for renewal of
rental assistance agreements for a maximum of 1,000 units where the Secretary
determines that a maturing loan for a project cannot reasonably be restructured
with another USDA loan or modification and the project was operating with rental
assistance under section 521 of the Housing Act of 1949: Provided further, That
the Secretary may enter into rental assistance contracts in maturing properties
with existing rental assistance agreements notwithstanding any provision of
section 521 of the Housing Act of 1949, for a term of at least 10 years but not
more than 20 years: Provided further, That any agreement to enter into a rental
assistance contract under section 521 of the Housing Act of 1949 for a maturing
property shall obligate the owner to continue to maintain the project as decent,
safe, and sanitary housing and to operate the development in accordance with the
Housing Act of 1949, except that rents shall be based on current Fair Market
Rents as established by the Department of Housing and Urban Development pursuant
to 24 CFR 888 Subpart A, 42 U.S.C. 1437f and 3535d, to determine the maximum
initial rent and adjusted annually by the Operating Cost Adjustment Factor
pursuant to 24 CFR 888 Subpart B, unless the Agency determines that the
project's budget-based needs require a higher rent, in which case the Agency may
approve a budget-based rent level: Provided further, That rental assistance
agreements entered into or renewed during the current fiscal year shall be
funded for a one year period: Provided further, That upon request by an owner
under section 514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term of such loan has
expired, subject to annual appropriations: Provided further, That any
unexpended balances remaining at the end of such one-year agreements may be
transferred and used for purposes of any debt reduction, maintenance, repair, or
rehabilitation of any existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year 2024 for
a farm labor multi-family housing project financed under section 514 or 516 of
the Act may not be recaptured for use in another project until such assistance
has remained unused for a period of twelve consecutive months, if such project
has a waiting list of tenants seeking such assistance or the project has rental
assistance eligible tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing project
financed under section 514 or 516 of the Act: Provided further, That except as
provided in the eighth proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental assistance provided
under agreements entered into prior to fiscal year 2024 for a project that the
Secretary determines no longer needs rental assistance and use such recaptured
funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under section 542 of the
Housing Act of 1949, but notwithstanding subsection (b) of such section,
$48,000,000, to remain available until expended: Provided, That the funds made
available under this heading shall be available for rural housing vouchers to
any low-income household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which has been prepaid
or otherwise paid off after September 30, 2005: Provided further, That the
amount of such voucher shall be the difference between comparable market rent
for the section 515 unit and the tenant paid rent for such unit: Provided
further, That funds made available for such vouchers shall be subject to the
availability of annual appropriations: Provided further, That the Secretary
shall, to the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from the program funds
made available under this heading, for administrative expenses for activities
funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act
of 1949 (42 U.S.C. 1490c), $25,000,000, to remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing preservation
made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, and 1490m,
$35,000,000, to remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and guaranteed
loans as authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $2,800,000,000 for direct loans and
$650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional Budget Act of
1974, for rural community facilities programs as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $18,000,000, to remain available until expended: Provided, That $5,000,000
of the amount appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds shall be
used solely to develop the capacity and ability of private, nonprofit community-
based housing and community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such funds shall be
made available to qualified private, nonprofit and public intermediary
organizations proposing to carry out a program of financial and technical
assistance: Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided further, That
any unobligated balances from prior year appropriations under this heading for
the cost of direct loans, loan guarantees and grants, including amounts
deobligated or cancelled, may be made available to cover the subsidy costs for
direct loans and or loan guarantees under this heading in this fiscal year:
Provided further, That no amounts may be made available pursuant to the
preceding proviso from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, or that were
specified in the tables titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statements for division A of Public Law
117-103 and division A of Public Law 117-328 as described in section 4 in the
matter preceding each such division A: Provided further, That $8,000,000 of the
amount appropriated under this heading shall be available for community
facilities grants to tribal colleges, as authorized by section 306(a)(19) of
such Act: Provided further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the funds made available
under this heading: Provided further, That in addition to any other available
funds, the Secretary may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative expenses for
activities funded under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in subsections
(a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural
Development Act, $66,615,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to exceed $500,000 shall
be made available for one grant to a qualified national organization to provide
technical assistance for rural transportation in order to promote economic
development and $8,000,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40 U.S.C.
15101 et seq.), the Southwest Border Regional Commission (40 U.S.C. 15301 et
seq.), and the Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for any
Rural Community Advancement Program purpose as described in section 381E(d) of
the Consolidated Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided further, That of the
amount appropriated under this heading, not to exceed $100,000 shall be made
available for one or more qualified state technology council to promote private-
sector economic development in the bio-sciences: Provided further, That
$4,000,000 of the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic development:
Provided further, That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to funds made available under this
heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the Intermediary
Relending Program Fund Account (7 U.S.C. 1936b), $10,000,000.
For the cost of direct loans, $3,035,000, as authorized by the Intermediary
Relending Program Fund Account (7 U.S.C. 1936b), of which $573,000 shall be
available through June 30, 2024, for Federally Recognized Native American
Tribes; and of which $1,147,000 shall be available through June 30, 2024, for
Mississippi Delta Region counties (as determined in accordance with Public Law
100-460): Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the direct loan
programs, $4,468,000 shall be paid to the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under section
313B(a) of the Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects, $50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic development and
job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section 310B(e) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $24,600,000, of
which $2,800,000 shall be for cooperative agreements for the appropriate
technology transfer for rural areas program: Provided, That not to exceed
$3,000,000 shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvantaged groups
and a majority of the boards of directors or governing boards of which are
comprised of individuals who are members of socially disadvantaged groups; and
of which $13,000,000, to remain available until expended, shall be for value-
added agricultural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which $1,500,000, to remain
available until expended, shall be for Agriculture Innovation Centers authorized
pursuant to section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by section 379E of
the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s), $20,000,000.
For the cost of loans and grants, $5,000,000 under the same terms and
conditions as authorized by section 379E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same terms and
conditions as authorized by section 9007 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107), $50,000,000.
healthy food financing initiative
For the cost of loans and grants that is consistent with section 243 of
subtitle D of title II of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6953), as added by section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that provide access
to healthy food in underserved areas, to create and preserve quality jobs, and
to revitalize low-income communities, $500,000, to remain available until
expended: Provided, That such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and guaranteed
loans as authorized by section 306 and described in section 381E(d)(2) of the
Consolidated Farm and Rural Development Act, as follows: $860,000,000 for direct
loans; and $50,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional Budget Act of
1974, for rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and
described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $595,972,000, to remain available until
expended, of which up to $117,484,737 shall be for the purposes, and in the
amounts, specified for this account in the table titled ``Community Project
Funding/Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), of which not to exceed $1,000,000 shall be available for the rural
utilities program described in section 306(a)(2)(B) of such Act: Provided, That
not to exceed $5,000,000 of the amount appropriated under this heading shall be
available for the rural utilities program described in section 306E of such Act:
Provided further, That not to exceed $10,000,000 of the amount appropriated
under this heading shall be for grants authorized by section 306A(i)(2) of the
Consolidated Farm and Rural Development Act in addition to funding authorized by
section 306A(i)(1) of such Act: Provided further, That $65,000,000 of the
amount appropriated under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section 306C(a)(2)(B) and
section 306D of the Consolidated Farm and Rural Development Act, and Federally
Recognized Native American Tribes authorized by 306C(a)(1) of such Act, and the
Department of Hawaiian Home Lands (of the State of Hawaii): Provided further,
That funding provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to section 325
of Public Law 105-83: Provided further, That not more than 2 percent of the
funding provided for section 306D of the Consolidated Farm and Rural Development
Act may be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be used by a consortium
formed pursuant to section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed $35,000,000 of the
amount appropriated under this heading shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(14) of such Act,
unless the Secretary makes a determination of extreme need, of which $8,500,000
shall be made available for a grant to a qualified nonprofit multi-State
regional technical assistance organization, with experience in working with
small communities on water and waste water problems, the principal purpose of
such grant shall be to assist rural communities with populations of 3,300 or
less, in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than $800,000
shall be for a qualified national Native American organization to provide
technical assistance for rural water systems for tribal communities: Provided
further, That not to exceed $21,817,000 of the amount appropriated under this
heading shall be for contracting with qualified national organizations for a
circuit rider program to provide technical assistance for rural water systems:
Provided further, That not to exceed $4,000,000 of the amounts made available
under this heading shall be for solid waste management grants: Provided
further, That not to exceed $2,695,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate for water and
waste direct one percent loans for distressed communities: Provided further,
That if the Secretary determines that any portion of the amount made available
for one percent loans is not needed for such loans, the Secretary may use such
amounts for grants authorized by section 306(a)(2) of the Consolidated Farm and
Rural Development Act: Provided further, That if any funds made available for
the direct loan subsidy costs remain unobligated after July 31, 2024, such
unobligated balances may be used for grant programs funded under this heading:
Provided further, That $8,000,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities Service, High
Energy Cost Grants Account to provide grants authorized under section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are
not applicable to the funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as authorized by sections
4, 305, 306, 313A, and 317 of the Rural Electrification Act of 1936 (7 U.S.C.
904, 935, 936, 940c-1, and 940g) shall be made as follows: guaranteed rural
electric loans made pursuant to section 306 of that Act, $2,167,000,000; cost of
money direct loans made pursuant to sections 4, notwithstanding the one-eighth
of one percent in 4(c)(2), and 317, notwithstanding 317(c), of that Act,
$4,333,000,000; guaranteed underwriting loans pursuant to section 313A of that
Act, $900,000,000; and for cost-of-money rural telecommunications loans made
pursuant to section 305(d)(2) of that Act, $550,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design,
engineering or improvement of fossil-fueled electric generating plants (whether
new or existing) that utilize carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2) of the Rural
Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget Act of
1974, cost of money rural telecommunications loans, $5,720,000.
In addition, $3,578,000 to remain available until expended, to carry out
section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the energy efficiency measures supported by the funding
in this paragraph shall contribute in a demonstrable way to the reduction of
greenhouse gases.
In addition, for administrative expenses necessary to carry out the direct
and guaranteed loan programs, $33,270,000, which shall be paid to the
appropriation for ``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in rural areas,
as authorized by 7 U.S.C. 950aaa et seq., $49,574,000, to remain available until
expended, of which up to $9,573,570 shall be for the purposes, and in the
amounts, specified for this account in the table titled ``Community Project
Funding/Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That $3,000,000 shall be made available for grants authorized
by section 379G of the Consolidated Farm and Rural Development Act: Provided
further, That funding provided under this heading for grants under section 379G
of the Consolidated Farm and Rural Development Act may only be provided to
entities that meet all of the eligibility criteria for a consortium as
established by this section.
For the cost to continue a broadband loan and grant pilot program
established by section 779 of division A of the Consolidated Appropriations Act,
2018 (Public Law 115-141) under the Rural Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.), $100,385,000, to remain available until
expended, of which up to $10,385,000 shall be for the purposes, and in the
amounts, specified for this account in the table titled ``Community Project
Funding/Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That the Secretary may award grants described in section 601(a)
of the Rural Electrification Act of 1936, as amended (7 U.S.C. 950bb(a)) for the
purposes of carrying out such pilot program: Provided further, That the cost of
direct loans shall be defined in section 502 of the Congressional Budget Act of
1974: Provided further, That at least 90 percent of the households to be served
by a project receiving a loan or grant under the pilot program shall be in a
rural area without sufficient access to broadband: Provided further, That for
purposes of such pilot program, a rural area without sufficient access to
broadband shall be defined as twenty-five megabits per second downstream and
three megabits per second upstream: Provided further, That to the extent
possible, projects receiving funds provided under the pilot program must build
out service to at least one hundred megabits per second downstream, and twenty
megabits per second upstream: Provided further, That an entity to which a loan
or grant is made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband service in a service area by any entity that
has received a broadband loan from the Rural Utilities Service unless such
service is not provided sufficient access to broadband at the minimum service
threshold: Provided further, That not more than four percent of the funds made
available in this paragraph can be used for administrative costs to carry out
the pilot program and up to three percent of funds made available in this
paragraph may be available for technical assistance and pre-development planning
activities to support the most rural communities: Provided further, That the
Rural Utilities Service is directed to expedite program delivery methods that
would implement this paragraph: Provided further, That for purposes of this
paragraph, the Secretary shall adhere to the notice, reporting and service area
assessment requirements set forth in section 701 of the Rural Electrification
Act (7 U.S.C. 950cc).
In addition, $20,000,000, to remain available until expended, for the
Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer Services
For necessary expenses of the Office of the Under Secretary for Food,
Nutrition, and Consumer Services, $1,127,000: Provided, That funds made
available by this Act to an agency in the Food, Nutrition and Consumer Services
mission area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$33,266,226,000, to remain available through September 30, 2025, of which such
sums as are made available under section 14222(b)(1) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall be
merged with and available for the same time period and purposes as provided
herein: Provided, That of the total amount available, $18,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.): Provided further, That of the total amount available,
$21,005,000 shall be available to carry out studies and evaluations and shall
remain available until expended: Provided further, That of the total amount
available, $5,000,000 shall remain available until expended to carry out section
18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)):
Provided further, That notwithstanding section 18(g)(3)(C) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total grant
amount provided to a farm to school grant recipient in fiscal year 2024 shall
not exceed $500,000: Provided further, That of the total amount available,
$10,000,000 shall be available to provide competitive grants to State agencies
for subgrants to local educational agencies and schools to purchase the
equipment, with a value of greater than $1,000, needed to serve healthier meals,
improve food safety, and to help support the establishment, maintenance, or
expansion of the school breakfast program: Provided further, That of the total
amount available, $1,000,000 shall remain available until expended to carry out
activities authorized under subsections (a)(2) and (e)(2) of section 21 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(2) and
(e)(2)): Provided further, That section 26(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first sentence
by striking ``2010 through 2024'' and inserting ``2010 through 2025'': Provided
further, That section 9(h)(3) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking ``For
fiscal year 2023'' and inserting ``For fiscal year 2024'': Provided further,
That section 9(h)(4) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(4)) is amended in the first sentence by striking ``For fiscal
year 2023'' and inserting ``For fiscal year 2024''.
special supplemental nutrition program for women, infants, and children (wic)
For necessary expenses to carry out the special supplemental nutrition
program as authorized by section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786), $7,030,000,000, to remain available through September 30, 2025:
Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and $14,000,000
shall be used for infrastructure: Provided further, That the Secretary shall
use funds made available under this heading to increase the amount of a cash-
value voucher for women and children participants to an amount recommended by
the National Academies of Science, Engineering and Medicine and adjusted for
inflation: Provided further, That none of the funds provided in this account
shall be available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in section
17 of such Act: Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally mandated vendor
moratorium and subject to terms and conditions established by the Secretary, the
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a
State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), $122,382,521,000, of which $3,000,000,000, to remain
available through September 30, 2026, shall be placed in reserve for use only in
such amounts and at such times as may become necessary to carry out program
operations: Provided, That funds provided herein shall be expended in
accordance with section 16 of the Food and Nutrition Act of 2008: Provided
further, That of the funds made available under this heading, $998,000 may be
used to provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That of the funds made available under this
heading, $3,000,000, to remain available until September 30, 2025, shall be used
to carry out section 4003(b) of Public Law 115-334 relating to demonstration
projects for tribal organizations: Provided further, That of the funds made
available under this heading, $3,000,000 shall be used to carry out section 4208
of Public Law 115-334: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be required by
law: Provided further, That funds made available for Employment and Training
under this heading shall remain available through September 30, 2025: Provided
further, That funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall
remain available through September 30, 2025: Provided further, That none of the
funds made available under this heading may be obligated or expended in
contravention of section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under this heading may be
used to enter into contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the Commodity
Supplemental Food Program as authorized by section 4(a) of the Agriculture and
Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food
Assistance Act of 1983; special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108-188); and the Farmers' Market Nutrition Program, as
authorized by section 17(m) of the Child Nutrition Act of 1966, $480,070,000, to
remain available through September 30, 2025: Provided, That none of these funds
shall be available to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal year 2024 to
support the Seniors Farmers' Market Nutrition Program, as authorized by section
4402 of the Farm Security and Rural Investment Act of 2002, such funds shall
remain available through September 30, 2025: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs associated
with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition Service for
carrying out any domestic nutrition assistance program, $177,348,000: Provided,
That of the funds provided herein, $2,000,000 shall be used for the purposes of
section 4404 of Public Law 107-171, as amended by section 4401 of Public Law
110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural Affairs
For necessary expenses of the Office of the Under Secretary for Trade and
Foreign Agricultural Affairs, $932,000: Provided, That funds made available by
this Act to any agency in the Trade and Foreign Agricultural Affairs mission
area for salaries and expenses are available to fund up to one administrative
support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius, $4,922,000,
including not to exceed $40,000 for official reception and representation
expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service, including not to
exceed $250,000 for representation allowances and for expenses pursuant to
section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $227,330,000, of
which no more than 6 percent shall remain available until September 30, 2025,
for overseas operations to include the payment of locally employed staff:
Provided, That the Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International Development:
Provided further, That funds made available for middle-income country training
programs, funds made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to $2,000,000 of the Foreign
Agricultural Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates, subject to documentation
by the Foreign Agricultural Service, shall remain available until expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise recoverable, and
unrecovered prior years' costs, including interest thereon, under the Food for
Peace Act (Public Law 83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act, $1,619,107,000, to remain
available until expended.
mcgovern-dole international food for education and child nutrition program
grants
For necessary expenses to carry out the provisions of section 3107 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1), $240,000,000,
to remain available until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to reimbursement from
amounts provided herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less than $24,000,000,
shall remain available until expended to purchase agricultural commodities as
described in subsection 3107(a)(2) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit Corporation's
Export Guarantee Program, GSM 102 and GSM 103, $6,063,000, to cover common
overhead expenses as permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform Act of 1990, which
shall be paid to the appropriation for ``Foreign Agricultural Service, Salaries
and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration, including hire
and purchase of passenger motor vehicles; for payment of space rental and
related costs pursuant to Public Law 92-313 for programs and activities of the
Food and Drug Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying out the
activities described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be accounted for
solely on the Secretary's certificate, not to exceed $25,000; and
notwithstanding section 521 of Public Law 107-188; $6,721,782,000: Provided,
That of the amount provided under this heading, $1,422,104,000 shall be derived
from prescription drug user fees authorized by 21 U.S.C. 379h, and shall be
credited to this account and remain available until expended; $362,381,000 shall
be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall
be credited to this account and remain available until expended; $613,538,000
shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j-
42, and shall be credited to this account and remain available until expended;
$31,109,000 shall be derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to this account and
remain available until expended; $33,500,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $25,000,000 shall be derived from generic
new animal drug user fees authorized by 21 U.S.C. 379j-21, and shall be credited
to this account and remain available until expended; $712,000,000 shall be
derived from tobacco product user fees authorized by 21 U.S.C. 387s, and shall
be credited to this account and remain available until expended: Provided
further, That in addition to and notwithstanding any other provision under this
heading, amounts collected for prescription drug user fees, medical device user
fees, human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that exceed the
respective fiscal year 2024 limitations are appropriated and shall be credited
to this account and remain available until expended: Provided further, That
fees derived from prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and generic new animal drug
assessments for fiscal year 2024, including any such fees collected prior to
fiscal year 2024 but credited for fiscal year 2024, shall be subject to the
fiscal year 2024 limitations: Provided further, That the Secretary may accept
payment during fiscal year 2024 of user fees specified under this heading and
authorized for fiscal year 2025, prior to the due date for such fees, and that
amounts of such fees assessed for fiscal year 2025 for which the Secretary
accepts payment in fiscal year 2024 shall not be included in amounts under this
heading: Provided further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1) $1,185,989,000
shall be for the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufacturers and
field examinations of imported seafood; (2) $2,334,704,000 shall be for the
Center for Drug Evaluation and Research and related field activities in the
Office of Regulatory Affairs, of which no less than $10,000,000 shall be for
pilots to increase unannounced foreign inspections and shall remain available
until expended; (3) $570,632,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office of
Regulatory Affairs; (4) $284,285,000 shall be for the Center for Veterinary
Medicine and for related field activities in the Office of Regulatory Affairs;
(5) $770,697,000 shall be for the Center for Devices and Radiological Health and
for related field activities in the Office of Regulatory Affairs; (6)
$77,505,000 shall be for the National Center for Toxicological Research; (7)
$684,324,000 shall be for the Center for Tobacco Products and for related field
activities in the Office of Regulatory Affairs; (8) $215,701,000 shall be for
Rent and Related activities, of which $55,061,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) $230,423,000 shall be for payments to the General
Services Administration for rent; and (10) $367,522,000 shall be for other
activities, including the Office of the Commissioner of Food and Drugs, the
Office of Food Policy and Response, the Office of Operations, the Office of the
Chief Scientist, and central services for these offices: Provided further, That
not to exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by the
Commissioner: Provided further, That any transfer of funds pursuant to, and for
the administration of, section 770(n) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379dd(n)) shall only be from amounts made available under this
heading for other activities and shall not exceed $2,000,000: Provided further,
That of the amounts that are made available under this heading for ``other
activities'', and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for ``Department of Health and
Human Services--Office of Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be in addition to funds
otherwise made available for oversight of the Food and Drug Administration:
Provided further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b, export
certification user fees authorized by 21 U.S.C. 381, priority review user fees
authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food
reinspection fees, and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21 U.S.C. 379j-62,
prescription drug wholesale distributor licensing and inspection fees authorized
by 21 U.S.C. 353(e)(3), third-party logistics provider licensing and inspection
fees authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees authorized
by 21 U.S.C. 384d(c)(8), medical countermeasure priority review voucher user
fees authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-the-counter
monograph drugs authorized by 21 U.S.C. 379j-72 shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
demolition, and purchase of fixed equipment or facilities of or used by the Food
and Drug Administration, where not otherwise provided, $5,000,000, to remain
available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under section
1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for
such purposes under the heading ``Salaries and Expenses'', $50,000,000, to
remain available until expended: Provided, That amounts appropriated in this
paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century
Cures Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food
and Drugs to the appropriation for ``Department of Health and Human Services
Food and Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be transferred back to the
account: Provided further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity Exchange
Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor
vehicles, and the rental of space (to include multiple year leases), in the
District of Columbia and elsewhere, $365,000,000, including not to exceed $3,000
for official reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which not less than
$80,000,000 shall remain available until September 30, 2026, and of which not
less than $4,218,000 shall be for expenses of the Office of the Inspector
General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquidation of
obligations equal to current year payments on leases entered into prior to the
date of enactment of this Act: Provided further, That for the purpose of
recording and liquidating any lease obligations that should have been recorded
and liquidated against accounts closed pursuant to 31 U.S.C. 1552, and
consistent with the preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating such unpaid
obligations.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $94,300,000 (from assessments collected from farm credit
institutions, including the Federal Agricultural Mortgage Corporation) shall be
obligated during the current fiscal year for administrative expenses as
authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply
to expenses associated with receiverships: Provided further, That the agency
may exceed this limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress: Provided further, That
the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an amount
in its sole discretion, from the application of the limitation provided in that
clause of export loans described in the clause guaranteed or insured in a manner
other than described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available to the
Department of Agriculture in this Act to purchase new passenger motor vehicles,
in addition to specific appropriations for this purpose, so long as the total
number of vehicles purchased in fiscal year 2024 does not exceed the number of
vehicles owned or leased in fiscal year 2018: Provided, That, prior to
purchasing additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce operational costs,
and for the protection of life, property, and public safety: Provided further,
That the Secretary may not increase the Department of Agriculture's fleet above
the 2018 level unless the Secretary notifies in writing, and receives approval
from, the Committees on Appropriations of both Houses of Congress within 30 days
of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the Secretary of
Agriculture may transfer unobligated balances of discretionary funds
appropriated by this Act or any other available unobligated discretionary
balances that are remaining available of the Department of Agriculture to the
Working Capital Fund for the acquisition of property, plant and equipment and
for the improvement, delivery, and implementation of Department financial, and
administrative information technology services, and other support systems
necessary for the delivery of financial, administrative, and information
technology services, including cloud adoption and migration, of primary benefit
to the agencies of the Department of Agriculture, such transferred funds to
remain available until expended: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency administrator: Provided
further, That none of the funds transferred to the Working Capital Fund pursuant
to this section shall be available for obligation without written notification
to and the prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by this Act or
made available to the Department's Working Capital Fund shall be available for
obligation or expenditure to make any changes to the Department's National
Finance Center without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as required by section
716 of this Act: Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to initiate, plan, develop, implement,
or make any changes to remove or relocate any systems, missions, personnel, or
functions of the offices of the Chief Financial Officer and the Chief
Information Officer, co-located with or from the National Finance Center prior
to written notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of section
716 of this Act: Provided further, That the National Finance Center Information
Technology Services Division personnel and data center management
responsibilities, and control of any functions, missions, and systems for
current and future human resources management and integrated personnel and
payroll systems (PPS) and functions provided by the Chief Financial Officer and
the Chief Information Officer shall remain in the National Finance Center and
under the management responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of Agriculture and the
offices of the Chief Financial Officer shall actively market to existing and new
Departments and other government agencies National Finance Center shared
services including, but not limited to, payroll, financial management, and human
capital shared services and allow the National Finance Center to perform
technology upgrades: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided by the
National Finance Center and budgeted for the National Finance Center, the
Secretary shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the improvement,
delivery, and implementation of financial, administrative, and information
technology services, and other systems of the National Finance Center or to pay
any unforeseen, extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available for obligation
unless the Secretary submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress: Provided further, That
the limitations on the obligation of funds pending notification to Congressional
Committees shall not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center; or to
evacuate employees of the National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay negotiated
indirect cost rates on cooperative agreements or similar arrangements between
the United States Department of Agriculture and nonprofit institutions in excess
of 10 percent of the total direct cost of the agreement when the purpose of such
cooperative arrangements is to carry out programs of mutual interest between the
two parties. This does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such indirect costs are
computed on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the cost of
direct and guaranteed loans made available in the current fiscal year shall
remain available until expended to disburse obligations made in the current
fiscal year for the following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication Loans program account,
and the Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of Agriculture
by this Act may be used to acquire new information technology systems or
significant upgrades, as determined by the Office of the Chief Information
Officer, without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment Review Board:
Provided, That notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the
Office of the Chief Information Officer without written notification to and the
prior approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That notwithstanding section 11319 of title 40, United States
Code, none of the funds available to the Department of Agriculture for
information technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by the Chief
Information Officer: Provided further, That the Chief Information Officer may
authorize an agency to obligate funds without written approval from the Chief
Information Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the performance plan
requirements described in the explanatory statement accompanying Public Law 113-
235.
Sec. 707. Funds made available under section 524(b) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain
available until expended to disburse obligations made in the current fiscal
year.
Sec. 708. Notwithstanding any other provision of law, any former Rural
Utilities Service borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any not-for-
profit utility that is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313B(a) of such Act in the
same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available for
salaries and expenses in this Act for the Farm Service Agency shall remain
available through September 30, 2025, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made available by
this Act may be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301-10.122 through 301-10.124 of title
41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by the
Agricultural Act of 2014 (Public Law 113-79) or by a successor to that Act,
other than by title I or subtitle A of title III of such Act, or programs for
which indefinite amounts were provided in that Act, that is authorized or
required to be carried out using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated with
the implementation of the program, without regard to the limitation on
the total amount of allotments and fund transfers contained in section
11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be considered
to be a fund transfer or allotment for purposes of applying the
limitation on the total amount of allotments and fund transfers
contained in such section.
Sec. 712. Of the funds made available by this Act, not more than $2,900,000
shall be used to cover necessary expenses of activities related to all advisory
committees, panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated rule makings and
panels used to evaluate competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of Public Law
110-246 (7 U.S.C. 612c-6; in this section referred to as ``section 14222''),
none of the funds appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of personnel to carry out a
program under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; in this
section referred to as ``section 32'') in excess of $1,574,028,000 (exclusive of
carryover appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option Contracts--
$5,000,000; Removal of Defective Commodities--$1,660,000; Administration of
section 32 Commodity Purchases--$37,178,000: Provided, That, of the total funds
made available in the matter preceding this proviso that remain unobligated on
October 1, 2024, such unobligated balances shall carryover into fiscal year 2025
and shall remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the expenditures to
the Committees on Appropriations of both Houses of Congress at least two weeks
in advance: Provided further, That, with the exception of any available
carryover funds authorized in any prior appropriations Act to be used for the
purposes of clause (3) of section 32, none of the funds appropriated or
otherwise made available by this or any other Act shall be used to pay the
salaries or expenses of any employee of the Department of Agriculture to carry
out clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any other Act shall be
used to pay the salaries and expenses of personnel who prepare or submit
appropriations language as part of the President's budget submission to the
Congress for programs under the jurisdiction of the Appropriations Subcommittees
on Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the previous year
due to user fees proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission identifies which
additional spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of conference
for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided by
previous appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or provided
from any accounts in the Treasury derived by the collection of fees available to
the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the Department of Agriculture,
through use of the authority provided by section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-
106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human Services,
or the Chairman of the Commodity Futures Trading Commission (as the case may be)
notifies in writing and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the reprogramming of
such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain available for
obligation or expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in excess of $500,000
or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program, project,
or activity, or numbers of personnel by 10 percent as approved by
Congress; or
(3) results from any general savings from a reduction in personnel
which would result in a change in existing programs, activities, or
projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health and Human Services,
or the Chairman of the Commodity Futures Trading Commission (as the case may be)
notifies in writing and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission shall
notify in writing and receive approval from the Committees on Appropriations of
both Houses of Congress before implementing any program or activity not carried
out during the previous fiscal year unless the program or activity is funded by
this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain available for
obligation or expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels, including
information technology systems, that involves increasing or decreasing
funds in the current fiscal year for the individual investment in excess
of $500,000 or 10 percent of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant positions or
agency activities or functions to establish a center, office, branch, or
similar entity with five or more personnel; or
(3) carrying out activities or functions that were not described in
the budget request;
unless the agencies funded by this Act notify, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance of using
the funds for these purposes.
(e) As described in this section, no funds may be used for any activities
unless the Secretary of Agriculture, the Secretary of Health and Human Services,
or the Chairman of the Commodity Futures Trading Commission receives from the
Committee on Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may assess a one-time
fee for any guaranteed business and industry loan in an amount that does not
exceed 3 percent of the guaranteed principal portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made available to the
Department of Agriculture, the Food and Drug Administration, the Commodity
Futures Trading Commission, or the Farm Credit Administration shall be used to
transmit or otherwise make available reports, questions, or responses to
questions that are a result of information requested for the appropriations
hearing process to any non-Department of Agriculture, non-Department of Health
and Human Services, non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the funds
provided in this Act, may be used by an executive branch agency to produce any
prepackaged news story intended for broadcast or distribution in the United
States unless the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act or any other Act to any
other agency or office of the Department for more than 60 days in a fiscal year
unless the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee for the
period of assignment.
Sec. 721. Not later than 30 days after the date of enactment of this Act,
the Secretary of Agriculture, the Commissioner of the Food and Drug
Administration, the Chairman of the Commodity Futures Trading Commission, and
the Chairman of the Farm Credit Administration shall submit to the Committees on
Appropriations of both Houses of Congress a detailed spending plan by program,
project, and activity for all the funds made available under this Act including
appropriated user fees, as defined in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Sec. 722. None of the funds made available by this Act may be used to
propose, promulgate, or implement any rule, or take any other action with
respect to, allowing or requiring information intended for a prescribing health
care professional, in the case of a drug or biological product subject to
section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353(b)(1)), to be distributed to such professional electronically (in lieu of in
paper form) unless and until a Federal law is enacted to allow or require such
distribution.
Sec. 723. For the purposes of determining eligibility or level of program
assistance for Rural Housing Service programs the Secretary shall not include
incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the Secretary
of Agriculture may increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the Secretary implementing
such an increase, the Secretary notifies, in writing, the Committees on
Appropriations of both Houses of Congress at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates transferred to the
Working Capital Fund pursuant to section 729 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies Appropriations
Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be available for obligation
without written notification to, and the prior approval of, the Committees on
Appropriations of both Houses of Congress: Provided, That the refunds or
rebates so transferred shall be available for obligation only for the
acquisition of property, plant and equipment, including equipment for the
improvement, delivery, and implementation of Departmental financial management,
information technology, and other support systems necessary for the delivery of
financial, administrative, and information technology services, including cloud
adoption and migration, of primary benefit to the agencies of the Department of
Agriculture.
Sec. 726. None of the funds made available by this Act may be used to
implement, administer, or enforce the ``variety'' requirements of the final rule
entitled ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance
Program (SNAP)'' published by the Department of Agriculture in the Federal
Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of
Agriculture amends the definition of the term ``variety'' as defined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as defined in section
271.2 of title 7, Code of Federal Regulations, to increase the number of items
that qualify as acceptable varieties in each staple food category so that the
total number of such items in each staple food category exceeds the number of
such items in each staple food category included in the final rule as published
on December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements regarding
acceptable varieties and breadth of stock to Supplemental Nutrition Assistance
Program retailers that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of the Housing Act
of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall have the same
authority with respect to loans guaranteed under such section and eligible
lenders for such loans as the Secretary has under subsections (h) and (j) of
section 538 of such Act (42 U.S.C. 1490p-2) with respect to loans guaranteed
under such section 538 and eligible lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made available by
this Act shall be available for the United States Department of Agriculture to
propose, finalize or implement any regulation that would promulgate new user
fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act.
Sec. 729. Of the unobligated balances from prior year appropriations made
available for the Broadband Treasury Rate Loan program, authorized in section
601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb), $7,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 730. Notwithstanding any provision of law that regulates the
calculation and payment of overtime and holiday pay for FSIS inspectors, the
Secretary may charge establishments subject to the inspection requirements of
the Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the Federal Meat
Inspection Act, 21 U.S.C. 601 et seq, and the Egg Products Inspection Act, 21
U.S.C. 1031 et seq., for the cost of inspection services provided outside of an
establishment's approved inspection shifts, and for inspection services provided
on Federal holidays: Provided, That any sums charged pursuant to this paragraph
shall be deemed as overtime pay or holiday pay under section 1001(d) of the
American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 242): Provided
further, That sums received by the Secretary under this paragraph shall, in
addition to other available funds, remain available until expended to the
Secretary without further appropriation for the purpose of funding all costs
associated with FSIS inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following factors
in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of any audits
or reviews conducted pursuant to paragraph (1).
(b) This section shall be applied in a manner consistent with United States
obligations under its international trade agreements.
Sec. 732. Of the unobligated balances from prior year appropriations made
available for the rural housing voucher program authorized by section 542 of the
Housing Act of 1949, (42 U.S.C. 1471 et seq.), as amended, $35,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 733. Of the unobligated balances from prior year appropriations made
available under the heading ``Rural Cooperative Development Grants'' for
Agriculture Innovation Centers authorized by section 6402 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 1632b), as amended, $7,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 734. (a)(1) No Federal funds made available for this fiscal year for
the rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be
used for a project for the construction, alteration, maintenance, or repair of a
public water or wastewater system unless all of the iron and steel products used
in the project are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined pipes and
fittings, manhole covers and other municipal castings, hydrants, tanks, flanges,
pipe clamps and restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases in which
the Secretary of Agriculture (in this section referred to as the ``Secretary'')
or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the public
interest;
(2) iron and steel products are not produced in the United States in
sufficient and reasonably available quantities or of a satisfactory
quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than 25
percent.
(c) If the Secretary or the designee receives a request for a waiver under
this section, the Secretary or the designee shall make available to the public
on an informal basis a copy of the request and information available to the
Secretary or the designee concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a finding based
on the request. The Secretary or the designee shall make the request and
accompanying information available by electronic means, including on the
official public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with United States
obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds appropriated in
this Act for ``Rural Utilities Service--Rural Water and Waste Disposal Program
Account'' for carrying out the provisions described in subsection (a)(1) for
management and oversight of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for which the
engineering plans and specifications include use of iron and steel products
otherwise prohibited by such subsection if the plans and specifications have
received required approvals from State agencies prior to the date of enactment
of this Act.
(g) For purposes of this section, the terms ``United States'' and ``State''
shall include each of the several States, the District of Columbia, and each
Federally recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may be used in any
way, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to
communicate to Members of Congress as described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act for direct loans
and grants under the following headings: ``Rural Housing Service--Rural Housing
Insurance Fund Program Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing Assistance Grants'';
``Rural Housing Service--Rural Community Facilities Program Account''; ``Rural
Business-Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural Cooperative Development
Grants''; ``Rural Business-Cooperative Service--Rural Microentrepreneur
Assistance Program''; ``Rural Utilities Service--Rural Water and Waste Disposal
Program Account''; ``Rural Utilities Service--Rural Electrification and
Telecommunications Loans Program Account''; and ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated for assistance in
persistent poverty counties under this section, including, notwithstanding any
other provision regarding population limits, any county seat of such a
persistent poverty county that has a population that does not exceed the
authorized population limit by more than 10 percent: Provided, That for
purposes of this section, the term ``persistent poverty counties'' means any
county that has had 20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial censuses, and
2007-2011 American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect to
specific activities for which program levels have been made available by this
Act that are not supported by budget authority, the requirements of this section
shall be applied to such program level.
Sec. 737. None of the funds made available by this Act may be used to
notify a sponsor or otherwise acknowledge receipt of a submission for an
exemption for investigational use of a drug or biological product under section
505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section
351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in
which a human embryo is intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any other Act may be
used to enforce the final rule promulgated by the Food and Drug Administration
entitled ``Standards for the Growing, Harvesting, Packing, and Holding of
Produce for Human Consumption'', and published on November 27, 2015, with
respect to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
Sec. 739. For school years 2023-2024 and 2024-2025, none of the funds made
available by this Act may be used to implement or enforce the matter following
the first comma in the second sentence of footnote (c) of section 220.8(c) of
title 7, Code of Federal Regulations, with respect to the substitution of
vegetables for fruits under the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 740. None of the funds made available by this Act or any other Act may
be used--
(1) in contravention of section 7606 of the Agricultural Act of 2014
(7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946,
or section 10114 of the Agriculture Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use of
hemp, or seeds of such plant, that is grown or cultivated in accordance
with section 7606 of the Agricultural Act of 2014 or subtitle G of the
Agricultural Marketing Act of 1946, within or outside the State in which
the hemp is grown or cultivated.
Sec. 741. The Secretary of Agriculture may waive the matching funds
requirement under section 412(g) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 742. The Secretary, as part of the report on foreign landholding
required under the Agricultural Foreign Investment Disclosure Act (Public Law
95-460), shall report to Congress on foreign investments in agricultural land in
the United States, including the impact foreign ownership has on family farms,
rural communities, and the domestic food supply: Provided, That within 2 years
after the enactment of this Act, the Secretary shall establish a streamlined
process for electronic submission and retention of disclosures made under the
Agricultural Foreign Investment Disclosure Act, including an internet database
that contains disaggregated data from each disclosure submitted: Provided
further,That all prior year disclosures of foreign investments in agricultural
land in the United States are published in the database: Provided further, That
the plan includes a process to ensure the protection of personally identifiable
information and that all disclosures of foreign investments in agricultural land
on the USDA website be disaggregated by: (1) in any case in which such foreign
person is an individual, the citizenship of such foreign person; and (2) in any
case in which such foreign person is not an individual or a government, the
nature of the legal entity holding the interest, the country in which such
foreign person is created or organized, and the principal place of business of
such foreign person.
Sec. 743. There is hereby appropriated $1,000,000, to remain available
until expended, for a pilot program for the Secretary to provide grants to
qualified non-profit organizations and public housing authorities to provide
technical assistance, including financial and legal services, to RHS multi-
family housing borrowers to facilitate the acquisition of RHS multi-family
housing properties in areas where the Secretary determines a risk of loss of
affordable housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such properties in the RHS
multi-family housing program for a period of time as determined by the
Secretary.
Sec. 744. Of the unobligated balances from prior year appropriations made
available under the heading ``Rural Housing Assistance Grants'' for housing
repair grants authorized by section 504 of the Housing Act of 1949 (42 U.S.C.
1474), as amended, $28,000,000 are hereby rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 745. (a) After the effective date of any final rule the Food and Drug
Administration (FDA) publishes in connection with its proposed rule to update
these requirements (87 Federal Register 59168, issued on September 29, 2022),
manufacturers may also continue to comply with the previous requirements
promulgated by the FDA for the implied nutrient content claim ``healthy''
through the ``compliance date'' FDA provides in the final rule.
(b) Any food product manufactured and labeled as ``healthy'' during the
compliance period FDA provides in that final rule shall not be directly or
indirectly subject to any state-law requirements that are not identical to
either (i) the Federal requirements for the implied nutrition content claim
``healthy'' that were in effect as of the date FDA issues the final rule, or
(ii) the updated Federal requirements that FDA promulgates in the final rule,
assuming the updated requirements go into effect during the regulatory
compliance period.
Sec. 746. Funds made available under title II of the Food for Peace Act (7
U.S.C. 1721 et seq.) may only be used to provide assistance to recipient nations
if adequate monitoring and controls, as determined by the Administrator, are in
place to ensure that emergency food aid is received by the intended
beneficiaries in areas affected by food shortages and not diverted for
unauthorized or inappropriate purposes.
Sec. 747. None of the funds made available by this Act may be used to
procure raw or processed poultry products or seafood imported into the United
States from the People's Republic of China for use in the school lunch program
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of such Act (42 U.S.C.
1766), the Summer Food Service Program for Children under section 13 of such Act
(42 U.S.C. 1761), or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 748. For school year 2024-2025, only a school food authority that had
a negative balance in the nonprofit school food service account as of June 30,
2023, shall be required to establish a price for paid lunches in accordance with
section 12(p) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(p)).
Sec. 749. Any funds made available by this or any other Act that the
Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be
available for grants for biotechnology risk assessment research: Provided, That
the Secretary may transfer such funds among appropriations of the Department of
Agriculture for purposes of making such grants.
Sec. 750. Notwithstanding any other provision of law, no funds available to
the Department of Agriculture may be used to move any staff office or any agency
from the mission area in which it was located on August 1, 2018, to any other
mission area or office within the Department in the absence of the enactment of
specific legislation affirming such move.
Sec. 751. The Secretary, acting through the Chief of the Natural Resources
Conservation Service, may use funds appropriated under this Act or any other Act
for the Watershed and Flood Prevention Operations Program and the Watershed
Rehabilitation Program carried out pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emergency Watershed
Protection Program carried out pursuant to section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to provide technical services for such
programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 (16
U.S.C. 3851(a)(1)), notwithstanding subsection (c) of such section.
Sec. 752. In administering the pilot program established by section 779 of
division A of the Consolidated Appropriations Act, 2018 (Public Law 115-141),
the Secretary of Agriculture may, for purposes of determining entities eligible
to receive assistance, consider those communities which are ``Areas Rural in
Character'': Provided, That not more than 10 percent of the funds made
available under the heading ``Distance Learning, Telemedicine, and Broadband
Program'' for the purposes of the pilot program established by section 779 of
Public Law 115-141 may be used for this purpose.
Sec. 753. In addition to amounts otherwise made available by this Act and
notwithstanding the last sentence of 16 U.S.C. 1310, there is appropriated
$2,000,000, to remain available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural lands, as
determined by the Secretary, under the Water Bank Act (16 U.S.C. 1301-1311).
Sec. 754. Out of amounts appropriated to the Food and Drug Administration
under title VI, the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall, not later than September 30, 2024, and
following the review required under Executive Order No. 12866 (5 U.S.C. 601
note; relating to regulatory planning and review), issue advice revising the
advice provided in the notice of availability entitled ``Advice About Eating
Fish, From the Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19, 2017)), in a
manner that is consistent with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 755. In addition to amounts otherwise made available, there is hereby
appropriated $3,000,000, to remain available until expended, for the Meat and
Poultry Processing Expansion Program established pursuant to section 1001(b)(4)
of the American Rescue Plan Act of 2021 (Public Law 117-2) to award grants to
processors of invasive, wild-caught catfish.
Sec. 756. The Secretary shall set aside for Rural Economic Area Partnership
(REAP) Zones, until August 15, 2024, an amount of funds made available in title
III under the headings of Rural Housing Insurance Fund Program Account, Mutual
and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community
Facilities Program Account, Rural Business Program Account, Rural Development
Loan Fund Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds provided under
such headings in the most recent fiscal year any such funds were obligated under
such headings for REAP Zones, excluding the funding provided through any
Community Project Funding/Congressionally Directed Spending.
Sec. 757. In this fiscal year and each fiscal year thereafter, and
notwithstanding any other provision of law, none of the funds made available by
this or any other Act may be used to implement section 3.7(f) of the Farm Credit
Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated
Farm and Rural Development Act.
Sec. 758. (a) For an additional amount for the Office of the Secretary,
$2,000,000, to remain available until expended, for the Secretary of Agriculture
to carry out no more than 10 pilot projects, under the terms and conditions
determined by the Secretary for a period not to exceed 2 years, that award
grants to an Indian tribe; a tribal organization approved by an Indian tribe; a
tribal educational agency; a consortium of Indian tribes; or a partnership
between an Indian tribe and either a State educational agency, a local
educational agency, a tribal educational agency, or the Bureau of Indian
Education to operate and implement the school lunch program as authorized by the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769), the summer food
service program as established under section 13 of the Richard B. Russell
National School Lunch Act, the child and adult care food program as established
by section 17 of the Richard B. Russell National School Lunch Act, or the school
breakfast program established by the Child Nutrition Act of 1966 (42 U.S.C.
1773) in either a Bureau-funded school (as defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)); a school (as defined in section
12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760 (d))
on or near an Indian reservation; or an early child care and education facility:
Provided, That to carry out this pilot program each grant awarded shall be no
less than $10,000 and no more than $100,000 for each school year and shall not
increase state administrative costs or the amount of benefits provided in any
program: Provided further, That the term ``Indian tribe'' has the meaning given
the term in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304).
(b) Notwithstanding any other provision of law, a pilot project grant
recipient shall be reimbursed for meals served under the school lunch program,
the summer food service program, and the child and adult care food program as if
the recipient were a State under the Richard B. Russell National School Lunch
Act; and under the school breakfast program as if the recipient were a State
educational agency.
(c) Not later than 1 year after the conclusion of the pilot program, the
Secretary shall submit to Congress a report on the outcomes of the pilot
program.
Sec. 759. None of the funds appropriated or otherwise made available by
this Act may be used by the Food and Drug Administration (FDA) to issue or
promote any new guidelines or regulations applicable to food manufacturers for
Listeria monocytogenes (Lm) until the FDA considers the available new science in
developing the Compliance Policy Guide (CPG), Guidance for FDA Staff, Sec.
55.320 Listeria monocytogenes--regarding Lm in low-risk foods, meaning foods
that do not support the growth of Lm.
Sec. 760. Section 523 of the Housing Act of 1949 (42 U.S.C. 1490c) is
amended in subsection (b)(1)(B) by striking ``two years'' and inserting ``five
years''.
Sec. 761. Section 524 of the Housing Act of 1949 (42 U.S.C. 1490d) is
amended in subsection (a)(1) by striking ``two years'' and inserting ``five
years''.
Sec. 762. Section 363 of the Multifamily Mortgage Foreclosure Act of 1981
(12 U.S.C. 3702) is amended at paragraph (10) by inserting after ``Secretary of
Housing Urban Development'' the following: ``and the Secretary of Agriculture''.
Sec. 763. None of the funds appropriated or otherwise made available by
this Act may be used by the Food and Drug Administration to develop, issue,
promote or advance any final guidelines or new regulations applicable to food
manufacturers for long-term population-wide sodium reduction actions until an
assessment is completed on the impact of the short-term sodium reduction
targets.
Sec. 764. There is hereby appropriated $2,000,000, to remain available
until September 30, 2025, for a Bison Production and Marketing Grant Program
that the Agricultural Marketing Service shall develop and maintain: Provided,
That this program shall be similar, as determined by the Secretary, to the Sheep
Production and Marketing Grant Program the Department of Agriculture currently
maintains pursuant to section 209(c) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1627a(c)), and shall prioritize grants to national non-profits and
federally chartered Tribal organizations that have expertise in bison production
or marketing.
Sec. 765. Notwithstanding the Agricultural Marketing Act of 1946 (7 U.S.C.
1622 et seq.) and 9 CFR part 352, the Committee provides an additional $700,000
to the USDA Food Safety and Inspection Service to cover voluntary meat
inspection fees for the slaughtering or processing of bison/buffalo at Native
American owned establishments or establishments operating on tribal lands.
Sec. 766. Of the unobligated balances from prior year appropriations made
available for the Rural Water Operation Program under the heading ``Natural
Resources Conservation Service--Watershed and Flood Prevention Operations'',
$28,000,000 are hereby rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 767. If services performed by APHIS employees are determined by the
Administrator of the Animal and Plant Health Inspection Service to be in
response to an animal disease outbreak, any premium pay that is funded, either
directly or through reimbursement, shall be exempted from the aggregate of basic
pay and premium pay calculated under section 5547 of title 5, United States
Code, and any other provision of law limiting the aggregate amount of premium
pay payable on a biweekly or calendar year basis: Provided, That this section
shall take effect as if enacted on January 1, 2023.
Sec. 768. None of the funds made available by this Act may be used to pay
the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat Inspection
Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104-
127); or
(3) to implement or enforce section 352.19 of title 9, Code of
Federal Regulations (or a successor regulation).
Sec. 769. Any rule-making, notice or guidance of or regarding USDA Proposed
Rule (Child Nutrition Programs: Revisions to Meal Patterns Consistent With the
2020 Dietary Guidelines for Americans; RIN 0584-AE88) shall allow and provide
meal reimbursement for (or ``low fat or fat free'') flavored milk in National
School Lunch Program and School Breakfast Program for grades Kindergarten
through 12th grade and in Child and Adult Care Food Program for participants 6
years of age and older, and for any other program complying with the meal
pattern requirements covered in such final rule.
Sec. 770. Sodium limits in effect for School Year 2023-2024 in child
nutrition meal patterns shall remain effective through School Year 2026-2027,
after which sodium limits that may be included in any rulemaking, notice or
guidance of or regarding USDA Proposed Rule (Child Nutrition Programs: Revisions
to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN
0584-AE88), shall not be more restrictive than the Target 2 sodium levels
published in the final rule entitled ``Nutrition Standards in the National
School Lunch and School Breakfast Programs'' published by the Department of
Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg 4087).
Sec. 771. There is hereby appropriated $2,000,000, to remain available
until expended, to carry out section 2103 of Public Law 115-334: Provided, That
the Secretary shall prioritize the wetland compliance needs of areas with
significant numbers of individual wetlands, wetland acres, and conservation
compliance requests.
Sec. 772. There is appropriated $3,000,000 for the emergency and
transitional pet shelter and housing assistance grant program established under
section 12502(b) of the Agriculture Improvement Act of 2018 (34 U.S.C. 20127).
Sec. 773. The National Academies of Sciences, Engineering and Medicine
(NASEM) were tasked with providing findings and recommendations on alcohol
consumption for the purposes of inclusion in the 2025 Dietary Guidelines for
Americans as required by Section 772 of Division A of the Consolidated
Appropriations Act, 2023 (Public Law 117-328): Provided, That the Secretary of
Health and Human Services and the Secretary of Agriculture shall consider the
findings and recommendations of the NASEM report in the development of the 2025
Dietary Guidelines for Americans and further, both Secretaries shall ensure that
the alcohol consumption recommendations in the 2025 Dietary Guidelines for
Americans shall be based on the preponderance of scientific and medical
knowledge consistent with section 5341 of title 7 of United States Code.
Sec. 774. The first proviso under the heading ``Rural Community Facilities
Program Account'' in title I of division N of the Consolidated Appropriations
Act, 2023 (Public Law 117-328) is amended by inserting ``or to repair or replace
essential community facilities damaged by a disaster that occurred in calendar
year 2023'' after ``calendar year 2022'': Provided, That amounts repurposed
pursuant to this section that were previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 775. Of the unobligated balances from prior year appropriations made
available for the Rural Energy for American program authorized by section 9007
of the Farm Security and Rural Investment Act of 2002, (7 U.S.C. 8107),
$10,000,000 are hereby rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 776. Of the unobligated balances from prior year appropriations made
available in Section 2304 of the American Rescue Plan Act of 2021 (Public Law
117-2), $30,000,000 are hereby rescinded.
Sec. 777. Of the unobligated balances from prior year appropriations made
available under Division A, Title IV, under the heading ``Nutrition Programs
Administration'' for relocation expenses and the alteration and repair of
buildings and improvement pursuant to 7 U.S.C. 2250 of the Consolidated
Appropriations Act, 2017 (Public Law 115-31), $8,000,000 are hereby rescinded.
Sec. 778. Of the unobligated balances available in fiscal year 2024 in the
``Nonrecurring Expenses Fund'' established in section 742 of division A of
Public Law 113-235, and in addition to any funds otherwise made available for
such purposes in this, prior, or subsequent fiscal years, the following shall be
available during the period of availability of the Fund for the specified
purposes and in the specified amounts--
(1) for grants for rural community facilities programs as authorized
by section 306 and described in section 381E(d)(1) of the Consolidated
Farm and Rural Development Act, $505,023,927 for the purposes, and in
the amounts specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), and under the same authorities and conditions as
amounts made available by this Act in the second paragraph under the
heading ``Rural Community Facilities Program Account''; and
(2) for expenses during fiscal year 2024, not otherwise recoverable,
and unrecovered prior years' costs, including interest thereon, under
the Food for Peace Act (Public Law 83-480), for commodities supplied in
connection with dispositions abroad under title II of said Act,
$68,476,073, under the same authorities and conditions as amounts made
available by this Act under the heading ``Food for Peace Title II
Grants'':
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985 are designated as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 779. Section 2250b of title 7, United States Code, is hereby amended
in the second proviso by striking ``capital acquisition'' and after
``infrastructure'' inserting ``and information technology services.''
Sec. 780. Section 313B(a) of the Rural Electrification Act of 1936 (7
U.S.C. 940c-2(a)), shall be applied for fiscal year 2024 and each fiscal year
thereafter until the specified funding has been expended as if the following
were inserted after the final period: ``In addition, the Secretary shall use
$9,465,000 of the funds available to carry out this section in fiscal year 2024
for an additional amount for the same purpose and under the same terms and
conditions as the Rural Business Development Grants authorized by section 310B
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)).''.
Sec. 781. Notwithstanding any other provision of law, the acceptable market
name of any engineered animal approved prior to the effective date of the
National Bioengineered Food Disclosure Standard (February 19, 2019) shall
include the words ``genetically engineered'' prior to the existing acceptable
market name.
Sec. 782. For an additional amount for the Office of the Secretary,
$6,000,000, to remain available until expended, to continue the Institute for
Rural Partnerships as established in section 778 of Public Law 117-103:
Provided, That the Institute for Rural Partnerships shall continue to dedicate
resources to researching the causes and conditions of challenges facing rural
areas, and develop community partnerships to address such challenges: Provided
further, That administrative or other fees shall not exceed one percent:
Provided further, That such partnership shall coordinate and publish an annual
report.
Sec. 783. There is hereby appropriated $500,000 to carry out the duties of
the working group established under section 770 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies Appropriations
Act, 2019 (Public Law 116-6; 133 Stat. 89).
Sec. 784. Of the unobligated balances from prior year appropriations made
available for conservation activities under the heading ``Natural Resources
Conservation Service--Conservation Operations'', $30,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 785. Of the unobligated balances from prior year appropriations made
available for the ``National Institute of Food and Agriculture--Research and
Education Activities'', $37,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 786. There is hereby appropriated $1,000,000, to remain available
until expended, for section 306E(b) of the Consolidated Farm and Rural
Development Act to provide subgrants to eligible individuals for the
construction, refurbishing, and servicing of individually owned household
decentralized wastewater systems.
Sec. 787. The Secretary of Agriculture shall be included as a member of the
Committee on Foreign Investment in the United States (CFIUS) on a case by case
basis pursuant to the authorities in section 721(k)(2)(J) of the Defense
Production Act of 1950 (50 U.S.C. 4565(k)(2)(J)) with respect to each covered
transaction (as defined in section 721(a)(4) of the Defense Production Act of
1950 (50 U.S.C. 4565(a)(4))) involving agricultural land, agriculture
biotechnology, or the agriculture industry (including agricultural
transportation, agricultural storage, and agricultural processing), as
determined by the CFIUS Chairperson in coordination with the Secretary of
Agriculture. The Secretary of Agriculture shall, to the maximum extent
practicable, notify the Committee on Foreign Investment in the United States of
any agricultural land transaction that the Secretary of Agriculture has reason
to believe, based on information from or in cooperation with the Intelligence
Community, is a covered transaction (A) that may pose a risk to the national
security of the United States, with particular emphasis on covered transactions
of an interest in agricultural land by foreign governments or entities of
concern, as defined in 42 U.S.C. 19221(a), including the People's Republic of
China, the Democratic People's Republic of Korea, the Russian Federation, and
the Islamic Republic of Iran; and (B) with respect to which a person is required
to submit a report to the Secretary of Agriculture under section 2(a) of the
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)):
Provided, That there is hereby appropriated $2,000,000, to remain available
until expended, in addition to amounts otherwise provided for such purpose, to
carry out this section.
Sec. 788. Of the unobligated balances from prior year appropriations made
available in the ``Working Capital Fund'', $78,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 789. Of the unobligated balances from prior year appropriations made
available for the ``Community Connect Grant Program'', $30,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 790. Of the unobligated balances from prior year appropriations made
available under the heading ``Distance Learning, Telemedicine, and Broadband
Program'', other than amounts made available for the Community Connect Grant
Program, $18,891,000 are hereby rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 791. Of the unobligated balances from prior year appropriations made
available for veterinary diagnostics under the heading ``Animal and Plant Health
Inspection Service, Salaries and Expenses account'', $5,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 792. The agencies and offices of the Department of Agriculture may
reimburse the Office of the General Counsel (OGC), out of the funds provided in
this Act, for costs incurred by OGC in providing services to such agencies or
offices under time-limited agreements entered into with such agencies and
offices: Provided, That such transfer authority is in addition to any other
transfer authority provided by law.
Sec. 793. (a) Section 260 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1636i) is amended by striking ``2023'' and inserting ``2024''.
(b) Section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C.
1635 note; Public Law 106-78) is amended by striking ``2023'' and inserting
``2024''.
This division may be cited as the ``Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2024''.
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2024
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the Department
of Commerce provided for by law, to carry out activities associated with
facilitating, attracting, and retaining business investment in the United
States, to carry out activities associated with title VI of division BB of the
Consolidated Appropriations Act, 2023 (Public Law 117-328), and for engaging in
trade promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United States
firms, without regard to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel and
transportation of employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title 49, United States
Code; employment of citizens of the United States and aliens by contract for
services; recognizing contributions to export expansion pursuant to Executive
Order 10978; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries; not to
exceed $294,300 for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed $45,000 per
vehicle; not to exceed $325,000 for purchase of armored vehicles without regard
to the general purchase price limitations; obtaining insurance on official motor
vehicles; and rental of tie lines, $623,000,000, of which $85,000,000 shall
remain available until September 30, 2025: Provided, That of the amounts made
available under this heading, $50,000,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That
$12,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of title 31,
United States Code: Provided further, That, of amounts provided under this
heading, not less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities: Provided further,
That the provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these activities; and that for
the purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities: Provided
further, That, of amounts provided under this heading, up to $3,000,000, to
remain available until expended, shall be for the purpose of carrying out a
pilot fellowship program of the United States Commercial Service under which the
Secretary of Commerce may make competitive grants to appropriate institutions of
higher education or students to increase the level of knowledge and awareness
of, and interest in employment with, that Service among minority students:
Provided further, That any grants awarded under such program shall be made
pursuant to regulations to be prescribed by the Secretary, which shall require
as a condition of the initial receipt of grant funds, a commitment by
prospective grantees to accept full-time employment in the Global Markets unit
of the International Trade Administration upon the completion of participation
in the program.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national security
activities of the Department of Commerce, including costs associated with the
performance of export administration field activities both domestically and
abroad; full medical coverage for dependent members of immediate families of
employees stationed overseas; employment of citizens of the United States and
aliens by contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United States
Code, when such claims arise in foreign countries; not to exceed $13,500 for
official representation expenses abroad; awards of compensation to informers
under the Export Control Reform Act of 2018 (subtitle B of title XVII of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public
Law 115-232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized by
section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and
purchase of passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law, $191,000,000, of
which $76,000,000 shall remain available until expended: Provided, That of the
amounts made available under this heading for activities under the ``revised
nonsecurity category'', as defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended, $20,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That the provisions of
the first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the cost of such
activities, and for providing information to the public with respect to the
export administration and national security activities of the Department of
Commerce and other export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the Public
Works and Economic Development Act of 1965, for trade adjustment assistance, and
for grants authorized by sections 27, 28, and 30 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722, 3722a, and 3723), as amended,
$400,000,000 to remain available until expended, of which $50,000,000 shall be
for grants under section 27, $41,000,000 shall be for grants under section 28,
and $2,500,000 shall be for grants under section 30: Provided, That of the
amounts made available under this heading, $30,000,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act.
salaries and expenses
For necessary expenses of administering the economic development assistance
programs as provided for by law, $68,000,000: Provided, That funds provided
under this heading may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976; title II of the Trade Act of 1974;
sections 27 through 30 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722-3723), as amended; and the Community Emergency Drought Relief
Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Minority Business Development Agency in
fostering, promoting, and developing minority business enterprises, as
authorized by law, $68,250,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and statistical
analysis programs of the Department of Commerce, $125,000,000, to remain
available until September 30, 2025.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing, preparing, and
publishing statistics, provided for by law, $328,500,000: Provided, That, from
amounts provided herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing, preparing, and
publishing statistics for periodic censuses and programs provided for by law,
$1,054,000,000, to remain available until September 30, 2025: Provided, That,
from amounts provided herein, funds may be used for promotion, outreach, and
marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $57,000,000, to remain
available until September 30, 2025: Provided, That, notwithstanding 31 U.S.C.
1535(d), the Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for costs of such
spectrum services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall remain available
until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and unobligated
balances of funds previously appropriated are available for the administration
of all open grants until their expiration.
facilities management and construction
For necessary expenses for the design, construction, alteration,
improvement, maintenance, and repair of buildings and facilities managed by the
National Telecommunications and Information Administration, not otherwise
provided for, $2,000,000, to remain available until expended.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark Office
(USPTO) provided for by law, including defense of suits instituted against the
Under Secretary of Commerce for Intellectual Property and Director of the USPTO,
$4,195,799,000, to remain available until expended: Provided, That the sum
herein appropriated from the general fund shall be reduced as offsetting
collections of fees and surcharges assessed and collected by the USPTO under any
law are received during fiscal year 2024, so as to result in a fiscal year 2024
appropriation from the general fund estimated at $0: Provided further, That
during fiscal year 2024, should the total amount of such offsetting collections
be less than $4,195,799,000, this amount shall be reduced accordingly: Provided
further, That any amount received in excess of $4,195,799,000 in fiscal year
2024 and deposited in the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the preceding
proviso and such spending plan shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided further,
That any amounts reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries and
Expenses'' account: Provided further, That the budget of the President
submitted for fiscal year 2025 under section 1105 of title 31, United States
Code, shall include within amounts provided under this heading for necessary
expenses of the USPTO any increases that are expected to result from an increase
promulgated through rule or regulation in offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law in either fiscal
year 2024 or fiscal year 2025: Provided further, That from amounts provided
herein, not to exceed $13,500 shall be made available in fiscal year 2024 for
official reception and representation expenses: Provided further, That in
fiscal year 2024 from the amounts made available for ``Salaries and Expenses''
for the USPTO, the amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and employees under section
8334(a) of title 5, United States Code, and the normal cost percentage (as
defined by section 8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees
subject to subchapter III of chapter 83 of that title, and (2) the present value
of the otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement health
benefits coverage for all USPTO employees who are enrolled in Federal Employees
Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall
be transferred to the Civil Service Retirement and Disability Fund, the FEGLI
Fund, and the Employees FEHB Fund, as appropriate, and shall be available for
the authorized purposes of those accounts: Provided further, That any
differences between the present value factors published in OPM's yearly 300
series benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any other provision
of law, all fees and surcharges assessed and collected by USPTO are available
for USPTO only pursuant to section 42(c) of title 35, United States Code, as
amended by section 22 of the Leahy-Smith America Invents Act (Public Law 112-
29): Provided further, That within the amounts appropriated, $2,450,000 shall
be transferred to the ``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and Technology
(NIST), $1,080,000,000, to remain available until expended, of which not to
exceed $9,000,000 may be transferred to the ``Working Capital Fund'': Provided,
That of the amounts appropriated under this heading, $222,841,000 shall be made
available for the NIST--STRS projects, and in the amounts, specified in the
table titled ``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided
further, That the amounts made available for the projects referenced in the
preceding proviso may not be transferred for any other purpose: Provided
further, That not to exceed $5,000 shall be for official reception and
representation expenses: Provided further, That NIST may provide local
transportation for summer undergraduate research fellowship program
participants.
industrial technology services
For necessary expenses for industrial technology services, $212,000,000, to
remain available until expended, of which $175,000,000 shall be for the Hollings
Manufacturing Extension Partnership, and of which $37,000,000 shall be for the
Manufacturing USA Program.
construction of research facilities
For construction of new research facilities, including architectural and
engineering design, and for renovation and maintenance of existing facilities,
not otherwise provided for the National Institute of Standards and Technology,
as authorized by sections 13 through 15 of the National Institute of Standards
and Technology Act (15 U.S.C. 278c-278e), $168,000,000, to remain available
until expended: Provided, That of the amounts appropriated under this heading,
$80,242,000 shall be made available for the NIST--Construction projects, and in
the amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That up to one percent of amounts
made available for the projects referenced in the preceding proviso may be used
for the administrative costs of such projects: Provided further, That the
Director of the National Institute of Standards and Technology shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the preceding
proviso and such spending plan shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided further,
That the Secretary of Commerce shall include in the budget justification
materials for fiscal year 2025 that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) an estimate for
each National Institute of Standards and Technology construction project having
a total multi-year program cost of more than $5,000,000, and simultaneously the
budget justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the National
Oceanic and Atmospheric Administration (NOAA), including maintenance, operation,
and hire of aircraft and vessels; pilot programs for State-led fisheries
management, notwithstanding any other provision of law; grants, contracts, or
other payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of facilities,
$4,548,485,000, to remain available until September 30, 2025: Provided, That
fees and donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding section 3302 of title
31, United States Code: Provided further, That in addition, $369,522,000 shall
be derived by transfer from the fund entitled ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries'', which shall only be
used for fishery activities related to the Saltonstall-Kennedy Grant Program;
Fisheries Data Collections, Surveys, and Assessments; Observers and Training;
Fisheries Management Programs and Services; and Interjurisdictional Fisheries
Grants: Provided further, That not to exceed $71,299,000 shall be for payment
to the ``Department of Commerce Working Capital Fund'': Provided further, That
of the $4,946,007,000 provided for in direct obligations under this heading,
$4,548,485,000 is appropriated from the general fund, $369,522,000 is provided
by transfer, and $28,000,000 is derived from recoveries of prior year
obligations: Provided further, That of the amounts appropriated under this
heading, $139,499,000 shall be made available for the NOAA--CZM and NOAA--ORF
projects, and in the amounts, specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That the amounts made available
for the projects referenced in the preceding proviso may not be transferred for
any other purpose: Provided further, That any deviation from the amounts
designated for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of this Act:
Provided further, That in addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents under
the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be
necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets, including
alteration and modification costs, of the National Oceanic and Atmospheric
Administration, $1,719,866,000, to remain available until September 30, 2026,
except that funds provided for acquisition and construction of vessels and
aircraft, and construction of facilities shall remain available until expended:
Provided, That of the amounts made available in the matter preceding this
proviso, $100,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That in addition,
$44,000,000 shall be derived by transfer for the purposes provided under this
heading from the unobligated balances in the Fund established in section 111(a)
of division B of Public Law 116-93: Provided further, That no amounts may be
transferred pursuant to the preceding proviso from amounts made available in
section 101(e)(1) of title I of division A of Public Law 118-5: Provided
further, That of the $1,776,866,000 provided for in direct obligations under
this heading, $1,719,866,000 is appropriated from the general fund, $13,000,000
is provided from recoveries of prior year obligations, and $44,000,000 is
provided by transfer: Provided further, That any deviation from the amounts
designated for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of this Act:
Provided further, That the Secretary of Commerce shall include in budget
justification materials for fiscal year 2025 that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31, United States Code)
an estimate for each National Oceanic and Atmospheric Administration
procurement, acquisition or construction project having a total of more than
$5,000,000 and simultaneously the budget justification shall include an estimate
of the budgetary requirements for each such project for each of the 5 subsequent
fiscal years.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific salmon
populations, $65,000,000, to remain available until September 30, 2025:
Provided, That, of the funds provided herein, the Secretary of Commerce may
issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and
Alaska, and to the federally recognized Tribes of the Columbia River and Pacific
Coast (including Alaska), for projects necessary for conservation of salmon and
steelhead populations that are listed as threatened or endangered, or that are
identified by a State as at-risk to be so listed, for maintaining populations
necessary for exercise of Tribal treaty fishing rights or native subsistence
fishing, or for conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of Commerce: Provided
further, That all funds shall be allocated based on scientific and other merit
principles and shall not be available for marketing activities: Provided
further, That funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at least 33 percent
of the Federal funds.
fisheries disaster assistance
For necessary expenses of administering the fishery disaster assistance
programs authorized by the Magnuson-Stevens Fishery Conservation and Management
Act (Public Law 94-265) and the Interjurisdictional Fisheries Act (title III of
Public Law 99-659), $300,000.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372, not to
exceed $349,000, to be derived from receipts collected pursuant to that Act, to
remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974, during
fiscal year 2024, obligations of direct loans may not exceed $24,000,000 for
Individual Fishing Quota loans and not to exceed $150,000,000 for traditional
direct loans as authorized by the Merchant Marine Act of 1936.
recreational quota entity fund
For carrying out the provisions of section 106 of the Driftnet Modernization
and Bycatch Reduction Act (title I of division S of the Consolidated
Appropriations Act, 2023 (Public Law 117-328)), the National Oceanic and
Atmospheric Administration may assess and collect fees pursuant to such section,
which shall be credited to this account, to remain available until expended, for
the purposes specified in subsection (b) of such section, in addition to amounts
otherwise available for such purposes.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of Commerce
provided for by law, including not to exceed $4,500 for official reception and
representation, $94,500,000: Provided, That no employee of the Department of
Commerce may be detailed or assigned from a bureau or office funded by this Act
or any other Act to offices within the Office of the Secretary of the Department
of Commerce for more than 180 days in a fiscal year unless the individual's
employing bureau or office is fully reimbursed for the salary and expenses of
the employee for the entire period of assignment using funds provided under this
heading: Provided further, That amounts made available to the Department of
Commerce in this or any prior Act may not be transferred pursuant to section 508
of this or any prior Act to the account funded under this heading, except in the
case of extraordinary circumstances that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization of the Herbert
C. Hoover Building, $1,142,000.
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978 (5 U.S.C. App.),
$48,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable appropriations and
funds made available to the Department of Commerce by this Act shall be
available for the activities specified in the Act of October 26, 1949 (15 U.S.C.
1514), to the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise
authorized only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made available to
the Department of Commerce by this Act for salaries and expenses shall be
available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343
and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Commerce in this Act may be
transferred between such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or disposal of any
capital asset (including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds for the Department
of Commerce.
Sec. 104. The requirements set forth by section 105 of the Commerce,
Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112-
55), as amended by section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect to fiscal year
2024: Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000, the life cycle cost of the Polar Follow On Program is
$6,837,900,000, the life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle
cost for the Space Weather Follow On Program is $692,800,000.
Sec. 105. Notwithstanding any other provision of law, the Secretary of
Commerce may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the operation,
maintenance, and improvement of space that persons, firms, or organizations are
authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or
other authority, to use or occupy in the Herbert C. Hoover Building, Washington,
DC, or other buildings, the maintenance, operation, and protection of which has
been delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as reimbursement for
services provided under this section or the authority under which the use or
occupancy of the space is authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a grant
recipient from deterring child pornography, copyright infringement, or any other
unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and Atmospheric
Administration is authorized to use, with their consent, with reimbursement and
subject to the limits of available appropriations, the land, services,
equipment, personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local government, Indian
Tribal government, Territory, or possession, or of any political subdivision
thereof, or of any foreign government or international organization, for
purposes related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not charge any
customer for a copy of any report or document generated by the Legislative
Branch unless the Service has provided information to the customer on how an
electronic copy of such report or document may be accessed and downloaded for
free online. Should a customer still require the Service to provide a printed or
digital copy of the report or document, the charge shall be limited to
recovering the Service's cost of processing, reproducing, and delivering such
report or document.
Sec. 109. To carry out the responsibilities of the National Oceanic and
Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to:
(1) enter into grants and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and facilities provided
by; and (3) receive and expend funds made available on a consensual basis from:
a Federal agency, State or subdivision thereof, local government, Tribal
government, Territory, or possession or any subdivisions thereof: Provided,
That funds received for permitting and related regulatory activities pursuant to
this section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and shall
remain available until September 30, 2025, for such purposes: Provided further,
That all funds within this section and their corresponding uses are subject to
section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior appropriations Act
that remain available for obligation, for necessary expenses of the programs of
the Economics and Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of Economic Analysis and
the Bureau of the Census, shall be available for expenses of cooperative
agreements with appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid and promote
statistical, research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. The Secretary of Commerce, or the designee of the Secretary, may
waive up to 50 percent of the cost sharing requirements under section 315, of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) as necessary at the
request of the grant applicant, for amounts made available under this Act under
the heading ``Procurement, Acquisition and Construction'' under the heading
``National Oceanic and Atmospheric Administration''.
Sec. 112. Any unobligated balances of expired discretionary funds
transferred to the Department of Commerce Nonrecurring Expenses Fund, as
authorized by section 111 of title I of division B of Public Law 116-93, may be
obligated only after the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance of the
planned use of funds.
Sec. 113. The Under Secretary of Commerce for Oceans and Atmosphere is
authorized to designate one or more Cooperative Aviation Centers for the
purposes of recruiting aviators for the NOAA commissioned officer corps from
institutions that provide a four-year baccalaureate program of professional
flight and piloting instruction that is accredited by the Aviation Accreditation
Board International: Provided, That Cooperative Aviation Centers shall be
located in a geographic area that experiences a wide variation in climate-
related activity, such as frequent high winds, convective activity (including
tornadoes), periods of low visibility, heat, and snow and ice episodes, to
provide opportunities for pilots to demonstrate skill in all weather conditions
compatible with future encounters during their service in the commissioned
officer corps of the Administration.
Sec. 114. The Administrator of the National Oceanic and Atmospheric
Administration may accept payments from a non-Federal party during fiscal year
2024 for the purpose of altering or replacing fencing, and related activities,
for the Administration's port facility in Ketchikan, Alaska. Amounts accepted
under this section may be credited to the appropriation account otherwise
available for such purpose and shall remain available until expended.
Sec. 115. The Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the employees of the National Weather
Service and non-governmental experts in personnel management, may establish an
alternative or fixed rate for relocation allowance, including permanent change
of station allowance, notwithstanding the provisions of 5 U.S.C. 5724 and the
regulations prescribed under 5 U.S.C. 5738.
This title may be cited as the ``Department of Commerce Appropriations Act,
2024''.
TITLE II
DEPARTMENT OF JUSTICE
Justice Operations, Management, and Accountability
salaries and expenses
For expenses necessary for the operations, management, and accountability of
the Department of Justice, $142,000,000, of which $4,000,000 shall remain
available until September 30, 2025, and of which not to exceed $4,000,000 for
security and construction of Department of Justice facilities shall remain
available until expended: Provided, That any reference to the Department of
Justice's ``General Administration'' appropriations heading (including
references that include its subheadings) which appears in any rule, regulation,
provision, law, or other official document, shall hereafter be deemed a
reference to the Department of Justice's ``Justice Operations, Management, and
Accountability'' appropriations heading.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction, $30,000,000, to
remain available until expended: Provided, That the Attorney General may
transfer up to $40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain available until
expended, for enterprise-wide information technology initiatives: Provided
further, That the transfer authority in the preceding proviso is in addition to
any other transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-related
activities of the Executive Office for Immigration Review, $844,000,000, of
which $4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations Fee''
account, and of which not less than $28,000,000 shall be available for services
and activities provided by the Legal Orientation Program: Provided, That not to
exceed $50,000,000 of the total amount made available under this heading shall
remain available until September 30, 2028, for build-out and modifications of
courtroom space.
Office of Inspector General
For necessary expenses of the Office of Inspector General, $139,000,000,
including not to exceed $10,000 to meet unforeseen emergencies of a confidential
character: Provided, That not to exceed $4,000,000 shall remain available until
September 30, 2025.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as authorized,
$14,000,000: Provided, That, notwithstanding any other provision of law, upon
the expiration of a term of office of a Commissioner, the Commissioner may
continue to act until a successor has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of, and to
be accounted for solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of private or
Government-owned space in the District of Columbia, $1,090,000,000, of which not
to exceed $50,000,000 for litigation support contracts and information
technology projects, including cybersecurity and hardening of critical networks,
shall remain available until expended: Provided, That of the amount provided
for INTERPOL Washington dues payments, not to exceed $900,000 shall remain
available until expended: Provided further, That of the total amount
appropriated, not to exceed $8,900 shall be available to INTERPOL Washington for
official reception and representation expenses: Provided further, That of the
total amount appropriated, not to exceed $8,900 shall be available to the
Criminal Division for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a determination by
the Attorney General that emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set forth in
that section: Provided further, That of the amount appropriated, such sums as
may be necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under section 8 of
the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the Office of
Personnel Management for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election monitoring program,
$3,390,000 shall remain available until expended: Provided further, That any
funds provided under this heading in prior year appropriations Acts that remain
available to the Civil Rights Division for salaries and expenses associated with
the election monitoring program under section 8 of the Voting Rights Act of 1965
(52 U.S.C. 10305) may also be used to carry out any authorized purposes of the
Civil Rights Division: Provided further, That amounts repurposed by the
preceding proviso may not be used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department of Justice
associated with processing cases under the National Childhood Vaccine Injury Act
of 1986, $22,700,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund and to remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred laws,
$233,000,000, to remain available until expended, of which not to exceed $5,000
shall be available for official reception and representation expenses:
Provided, That notwithstanding any other provision of law, not to exceed
$233,000,000 to be derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be retained and used
for necessary expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from the general
fund shall be reduced as such offsetting collections are received during fiscal
year 2024, so as to result in a final fiscal year 2024 appropriation from the
general fund estimated at $0: Provided further, That, notwithstanding section
605 of the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a note), none of the
funds credited to this account as offsetting collections during the current
fiscal year shall become available for obligation in any fiscal year except as
provided in the preceding two provisos or as provided in a subsequent
appropriations Act.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States Attorneys,
including inter-governmental and cooperative agreements, $2,611,000,000:
Provided, That of the total amount appropriated, not to exceed $19,600 shall be
available for official reception and representation expenses: Provided further,
That not to exceed $40,000,000 shall remain available until expended: Provided
further, That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as authorized,
$245,000,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, deposits of discretionary offsetting
collections to the United States Trustee System Fund and amounts herein
appropriated shall be available in such amounts as may be necessary to pay
refunds due depositors: Provided further, That, notwithstanding any other
provision of law, fees deposited into the Fund as discretionary offsetting
collections pursuant to section 589a of title 28, United States Code (as limited
by section 589a(f)(2) of title 28, United States Code), shall be retained and
used for necessary expenses in this appropriation and shall remain available
until expended: Provided further, That to the extent that fees deposited into
the Fund as discretionary offsetting collections in fiscal year 2024, net of
amounts necessary to pay refunds due depositors, exceed $245,000,000, those
excess amounts shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the sum
herein appropriated from the general fund shall be reduced (1) as such fees are
received during fiscal year 2024, net of amounts necessary to pay refunds due
depositors, (estimated at $230,000,000) and (2) to the extent that any remaining
general fund appropriations can be derived from amounts deposited in the Fund as
discretionary offsetting collections in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2024
appropriation from the general fund estimated at $15,000,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign Claims
Settlement Commission, including services as authorized by section 3109 of title
5, United States Code, $2,504,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for the
procurement and supervision of expert witnesses, for private counsel expenses,
including advances, and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000 is for construction
of buildings for protected witness safesites; not to exceed $3,000,000 is for
the purchase and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $35,000,000 is for the purchase, installation,
maintenance, and upgrade of secure telecommunications equipment and a secure
automated information network to store and retrieve the identities and locations
of protected witnesses: Provided, That amounts made available under this
heading may not be transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service, $24,000,000:
Provided, That notwithstanding section 205 of this Act, upon a determination by
the Attorney General that emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such amounts to the
Community Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of section
524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the
Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,692,000,000, of which not to exceed $20,000 shall be available for official
reception and representation expenses, and not to exceed $25,000,000 shall
remain available until expended: Provided, That of the amounts made available
under this heading, $163,000,000 is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
construction
For construction in space that is controlled, occupied, or utilized by the
United States Marshals Service for prisoner holding and related support,
$15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the custody of
the United States Marshals Service as authorized by section 4013 of title 18,
United States Code, $2,100,000,000, to remain available until expended:
Provided, That of the amounts made available under this heading, $250,000,000 is
designated by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement assistance'' pursuant
to section 4013(b) of title 18, United States Code: Provided further, That the
United States Marshals Service shall be responsible for managing the Justice
Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National Security
Division, $128,000,000, of which not to exceed $5,000,000 for information
technology systems shall remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding for the
activities of the National Security Division, the Attorney General may transfer
such amounts to this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Interagency Law Enforcement
organized crime drug enforcement task forces
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug trafficking
organizations, transnational organized crime, and money laundering organizations
not otherwise provided for, to include inter-governmental agreements with State
and local law enforcement agencies engaged in the investigation and prosecution
of individuals involved in transnational organized crime and drug trafficking,
$547,000,000, of which $50,000,000 shall remain available until expended:
Provided, That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for detection,
investigation, and prosecution of crimes against the United States,
$10,643,713,000, of which not to exceed $216,900,000 shall remain available
until expended: Provided, That not to exceed $279,000 shall be available for
official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment, furniture, and
information technology requirements, related to construction or acquisition of
buildings, facilities, and sites by purchase, or as otherwise authorized by law;
conversion, modification, and extension of federally owned buildings;
preliminary planning and design of projects; and operation and maintenance of
secure work environment facilities and secure networking capabilities;
$30,000,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration, including not
to exceed $70,000 to meet unforeseen emergencies of a confidential character
pursuant to section 530C of title 28, United States Code; and expenses for
conducting drug education and training programs, including travel and related
expenses for participants in such programs and the distribution of items of
token value that promote the goals of such programs, $2,567,000,000, of which
not to exceed $75,000,000 shall remain available until expended and not to
exceed $90,000 shall be available for official reception and representation
expenses: Provided, That of the amounts made available under this heading,
$328,000,000 is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That, notwithstanding section 3672 of
Public Law 106-310, up to $10,000,000 may be used to reimburse States, units of
local government, Indian Tribal Governments, other public entities, and multi-
jurisdictional or regional consortia thereof for expenses incurred to clean up
and safely dispose of substances associated with clandestine methamphetamine
laboratories, conversion and extraction operations, tableting operations, or
laboratories and processing operations for fentanyl and fentanyl-related
substances which may present a danger to public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives, for training of State and local law enforcement agencies with or
without reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection; and for
provision of laboratory assistance to State and local law enforcement agencies,
with or without reimbursement, $1,625,000,000, of which not to exceed $35,650
shall be for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as provided by
section 924(d)(2) of title 18, United States Code, and not to exceed $25,000,000
shall remain available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for relief from
Federal firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any other Act
may be used to transfer the functions, missions, or activities of the Bureau of
Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the administration,
operation, and maintenance of Federal penal and correctional institutions, and
for the provision of technical assistance and advice on corrections related
issues to foreign governments, $8,392,588,000: Provided, That not less than
$409,483,000 shall be for the programs and activities authorized by the First
Step Act of 2018 (Public Law 115-391), of which not less than 2 percent shall be
transferred to and merged with the appropriation for ``Research, Evaluation and
Statistics'' for the National Institute of Justice to carry out evaluations of
programs and activities related to the First Step Act of 2018: Provided
further, That the Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct expenditures by that
Department for medical relief for inmates of Federal penal and correctional
institutions: Provided further, That the Director of the Federal Prison System,
where necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to persons who,
on behalf of the Federal Prison System, furnish health services to individuals
committed to the custody of the Federal Prison System: Provided further, That
not to exceed $5,400 shall be available for official reception and
representation expenses: Provided further, That not to exceed $50,000,000 shall
remain available until expended for necessary operations: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other expenses: Provided
further, That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card program from
a not-for-profit entity which has operated such program in the past,
notwithstanding the fact that such not-for-profit entity furnishes services
under contracts to the Federal Prison System relating to the operation of pre-
release services, halfway houses, or other custodial facilities: Provided
further, That amounts made available under this heading for programs and
activities related to the First Step Act may not be transferred, or otherwise
made available, to or for administration by the Department of Labor.
buildings and facilities
For planning, acquisition of sites, and construction of new facilities;
purchase and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary expenses
incident thereto, by contract or force account; and constructing, remodeling,
and equipping necessary buildings and facilities at existing penal and
correctional institutions, including all necessary expenses incident thereto, by
contract or force account, $179,762,000, to remain available until expended, of
which $30,000,000 shall be available only for costs related to construction of
new facilities: Provided, That labor of United States prisoners may be used for
work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to make
such expenditures within the limits of funds and borrowing authority available,
and in accord with the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the program set forth in
the budget for the current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries, incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison Industries,
Incorporated, shall be available for its administrative expenses, and for
services as authorized by section 3109 of title 5, United States Code, to be
computed on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to the
corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfers of funds)
For grants, contracts, cooperative agreements, and other assistance for the
prevention and prosecution of violence against women, as authorized by the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.)
(``the 1968 Act''); title II of the Civil Rights Act of 1968 (commonly known as
the ``Indian Civil Rights Act of 1968'') (Public Law 90-284) (``the Indian Civil
Rights Act''); the Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322) (``the 1994 Act''); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et
seq.) (``the 1974 Act''); the Victims of Trafficking and Violence Protection Act
of 2000 (Public Law 106-386) (``the 2000 Act''); the Justice for All Act of 2004
(Public Law 108-405) (``the 2004 Act''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the
2005 Act''); the Violence Against Women Reauthorization Act of 2013 (Public Law
113-4) (``the 2013 Act''); the Justice for Victims of Trafficking Act of 2015
(Public Law 114-22) (``the 2015 Act''); the Abolish Human Trafficking Act
(Public Law 115-392); and the Violence Against Women Act Reauthorization Act of
2022 (division W of Public Law 117-103) (``the 2022 Act''); and for related
victims services, $713,000,000, to remain available until expended, of which
$80,000,000 shall be derived by transfer from amounts available for obligation
in this Act from the Fund established by section 1402 of chapter XIV of title II
of Public Law 98-473 (34 U.S.C. 20101), notwithstanding section 1402(d) of such
Act of 1984, and merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law, not to exceed 5
percent of funds made available under this heading may be used for expenses
related to evaluation, training, and technical assistance: Provided further,
That of the amount provided--
(1) $255,000,000 is for grants to combat violence against women, as
authorized by part T of the 1968 Act, and any applicable increases for
the amount of such grants, as authorized by section 5903 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023:
Provided, That $10,000,000 shall be for any such increases under such
section 5903, which shall apply to fiscal year 2024 grants funded by
amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance grants for
victims of domestic violence, dating violence, stalking, or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and the
Bureau of Justice Statistics for research, evaluation, and statistics of
violence against women and related issues addressed by grant programs of
the Office on Violence Against Women, which shall be transferred to
``Research, Evaluation and Statistics'' for administration by the Office
of Justice Programs;
(4) $17,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence, dating
violence, sexual assault, and stalking; assistance to children and youth
exposed to such violence; and assistance to middle and high school
students through education and other services related to such violence,
of which $3,500,000 is to engage men and youth in preventing domestic
violence, dating violence, sexual assault, and stalking: Provided, That
unobligated balances available for the programs authorized by sections
41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment
by the 2013 Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant program
shall be available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this program;
(5) $60,500,000 is for grants to improve the criminal justice
response as authorized by part U of title I of the 1968 Act, of which up
to $4,000,000 is for a homicide reduction initiative; up to $4,000,000
is for a domestic violence lethality reduction initiative; and up to
$8,000,000 is for an initiative to promote effective policing and
prosecution responses to domestic violence, dating violence, sexual
assault, and stalking, including evaluation of the effectiveness of
funded interventions (``Policing and Prosecution Initiative'');
(6) $78,500,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of the
1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes against women
on campus, as authorized by section 304 of the 2005 Act, of which
$12,500,000 is for grants to Historically Black Colleges and
Universities, Hispanic-Serving Institutions, and Tribal colleges and
universities;
(9) $55,000,000 is for legal assistance for victims, as authorized
by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the justice
system, as authorized by section 1301 of the 2000 Act: Provided, That
unobligated balances available for the programs authorized by section
1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their
amendment by the 2013 Act, shall be available for this program;
(12) $12,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by section
1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as authorized by
section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence against
Indian women, including as authorized by section 904 of the 2005 Act:
Provided, That such funds may be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault of
American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal Governments in
exercising special Tribal criminal jurisdiction, as authorized by
section 204 of the Indian Civil Rights Act: Provided, That the grant
conditions in section 40002(b) of the 1994 Act shall apply to grants
made;
(17) $1,500,000 is for the purposes authorized under the 2015 Act;
(18) $15,000,000 is for a grant program as authorized by section
41801 of the 1994 Act: Provided, That the definitions and grant
conditions in section 109 of the 2022 Act shall apply to this program;
(19) $11,000,000 is for culturally specific services for victims, as
authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-designation of
tribal prosecutors as Tribal Special Assistant United States Attorneys:
Provided, That the definitions and grant conditions in section 40002 of
the 1994 Act shall apply to this initiative;
(21) $1,000,000 is for an initiative to support victims of domestic
violence, dating violence, sexual assault, and stalking, including
through the provision of technical assistance, as authorized by section
206 of the 2022 Act: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
initiative;
(22) $2,000,000 is for a National Deaf Services Line to provide
remote services to Deaf victims of domestic violence, dating violence,
sexual assault, and stalking: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this service
line;
(23) $5,000,000 is for grants for outreach and services to
underserved populations, as authorized by section 120 of the 2005 Act;
(24) $4,000,000 is for an initiative to provide financial assistance
to victims, including evaluation of the effectiveness of funded
projects: Provided, That the definitions and grant conditions in
section 40002 of the 1994 Act shall apply to this initiative;
(25) $5,000,000 is for trauma-informed, victim-centered training for
law enforcement, and related research and evaluation activities, as
authorized by section 41701 of the 1994 Act;
(26) $10,000,000 is for grants to support access to sexual assault
nurse examinations, as authorized by section 304 of title III of the
2004 Act: Provided, That the grant conditions in section 40002 of the
1994 Act shall apply to this program; and
(27) $5,500,000 is for local law enforcement grants for prevention,
enforcement, and prosecution of cybercrimes against individuals, as
authorized by section 1401 of the 2022 Act, and for a National Resource
Center on Cybercrimes Against Individuals, as authorized by section 1402
of the 2022 Act: Provided, That the grant conditions in section 40002
of the 1994 Act shall apply to this paragraph.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's Assistance Act
(34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21) (``the PROTECT
Act''); the Justice for All Act of 2004 (Public Law 108-405); the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199); the Victims of
Crime Act of 1984 (Public Law 98-473); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the
Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA''); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198); the First
Step Act of 2018 (Public Law 115-391); and other programs, $65,000,000, to
remain available until expended, of which--
(1) $35,000,000 is for criminal justice statistics programs and
other activities as authorized by part C of title I of the 1968 Act; and
(2) $30,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I of the
1968 Act and subtitle C of title II of the 2002 Act, and for activities
authorized by or consistent with the First Step Act of 2018, of which
$1,500,000 is for research on multidisciplinary teams, and not less than
$1,500,000 is for Research and Development in Forensic Science for
Criminal Justice Purposes grants.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (Public Law 90-351) (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990 (Public Law 101-
647) (``the 1990 Act''); the Trafficking Victims Protection Reauthorization Act
of 2005 (Public Law 109-164) (``the TVPRA of 2005''); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248) (``the Adam Walsh Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386) (``the Victims of
Trafficking Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); subtitle C of title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Prison Rape Elimination Act of 2003 (Public Law
108-79) (``PREA''); the Second Chance Act of 2007 (Public Law 110-199); the
Prioritizing Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198)
(``CARA''); the Justice for All Reauthorization Act of 2016 (Public Law 114-
324); Kevin and Avonte's Law (division Q of Public Law 115-141) (``Kevin and
Avonte's Law''); the Keep Young Athletes Safe Act of 2018 (title III of division
S of Public Law 115-141) (``the Keep Young Athletes Safe Act''); the STOP School
Violence Act of 2018 (title V of division S of Public Law 115-141) (``the STOP
School Violence Act''); the Fix NICS Act of 2018 (title VI of division S of
Public Law 115-141); the Project Safe Neighborhoods Grant Program Authorization
Act of 2018 (Public Law 115-185); the SUPPORT for Patients and Communities Act
(Public Law 115-271); the Second Chance Reauthorization Act of 2018 (Public Law
115-391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
(Public Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-401); the
Missing Persons and Unidentified Remains Act of 2019 (Public Law 116-277); the
Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the Violence Against Women Act
Reauthorization Act of 2022 (division W of Public Law 117-103) (``the 2022
Act''); and other programs, $2,475,061,000, to remain available until expended
as follows--
(1) $924,061,000 for the Edward Byrne Memorial Justice Assistance
Grant program as authorized by subpart 1 of part E of title I of the
1968 Act (except that section 1001(c), and the special rules for Puerto
Rico under section 505(g), of title I of the 1968 Act shall not apply
for purposes of this Act), of which, notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert Wilson III memorial
initiative on Preventing Violence Against Law Enforcement and
Ensuring Officer Resilience and Survivability (VALOR);
(B) $3,000,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Persons
System;
(C) $10,000,000 is for a grant program for State and local
law enforcement to provide officer training on responding to
individuals with mental illness or disabilities, including for
purposes described in the Law Enforcement De-Escalation Training
Act of 2022 (Public Law 117-325);
(D) $3,000,000 is for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government, and
other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert Program
(title XXIV of the 1994 Act), as amended by Kevin and Avonte's
Law;
(G) $19,000,000 is for grants authorized under the Project
Safe Neighborhoods Grant Authorization Act of 2018 (Public Law
115-185);
(H) $12,000,000 is for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law 108-
405, and for grants for wrongful conviction review;
(I) $3,000,000 is for the program specified in paragraph
(1)(I) under the heading ``State and Local Law Enforcement
Assistance'' in division B of Public Law 117-328;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti Alert Act
of 2018 (Public Law 115-401);
(K) $3,500,000 is for a grant program to replicate and
support family-based alternative sentencing programs;
(L) $1,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(M) $7,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
(N) $5,000,000 is for grants authorized under the Missing
Persons and Unidentified Remains Act of 2019 (Public Law 116-
277);
(O) $1,500,000 is for grants to accredited institutions of
higher education to support forensic ballistics programs;
(P) $3,000,000 is for the purposes authorized under section
1506 of the 2022 Act;
(Q) $125,000,000 is for grants for law enforcement
activities associated with the presidential nominating
conventions in addition to amounts provided for such purposes in
section 222 of this Act; and
(R) $350,028,000 is for discretionary grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation), which shall be made available for the OJP--Byrne
projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such amounts may not be
transferred for any other purpose;
(2) $234,000,000 for the State Criminal Alien Assistance Program, as
authorized by section 241(I)(5) of the Immigration and Nationality Act
(8 U.S.C. 1231(I)(5)): Provided, That no jurisdiction shall request
compensation for any cost greater than the actual cost for Federal
immigration and other detainees housed in State and local detention
facilities;
(3) $88,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of the Victims of
Trafficking Act, by the TVPRA of 2005, or programs authorized under
Public Law 113-4;
(4) $12,000,000 for a grant program to prevent and address economic,
high technology, white collar, and Internet crime, including as
authorized by section 401 of Public Law 110-403, of which not less than
$2,500,000 is for intellectual property enforcement grants including as
authorized by section 401, and $2,000,000 is for grants to develop
databases on Internet of Things device capabilities and to build and
execute training modules for law enforcement;
(5) $19,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership
Grant Program, as authorized by section 2501 of title I of the 1968 Act:
Provided, That $1,500,000 shall be transferred directly to the National
Institute of Standards and Technology's Office of Law Enforcement
Standards for research, testing, and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public Website;
(8) $88,000,000 for grants to States to upgrade criminal and mental
health records for the National Instant Criminal Background Check
System, of which no less than $25,000,000 shall be for grants made under
the authorities of the NICS Improvement Amendments Act of 2007 (Public
Law 110-180) and Fix NICS Act of 2018;
(9) $34,000,000 for Paul Coverdell Forensic Sciences Improvement
Grants under part BB of title I of the 1968 Act;
(10) $153,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law Enforcement,
Correctional Personnel, and Court Officers program (Public Law
108-405, section 303);
(B) $15,000,000 for other local, State, and Federal forensic
activities;
(C) $14,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $51,500,000 for community-based grant programs to improve the
response to sexual assault and apply enhanced approaches and techniques
to reduce violent crime, including assistance for investigation and
prosecution of related cold cases;
(12) $14,000,000 for the court-appointed special advocate program,
as authorized by section 217 of the 1990 Act;
(13) $50,000,000 for assistance to Indian Tribes;
(14) $117,000,000 for offender reentry programs and research, as
authorized by the Second Chance Act of 2007 (Public Law 110-199) and by
the Second Chance Reauthorization Act of 2018 (Public Law 115-391),
without regard to the time limitations specified at section 6(1) of such
Act, of which not to exceed--
(A) $8,000,000 is for a program to improve State, local, and
Tribal probation or parole supervision efforts and strategies;
(B) $5,000,000 is for children of incarcerated parents
demonstration programs to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites employing
the Project HOPE Opportunity Probation with Enforcement model
implementing swift and certain sanctions in probation, of which
no less than $500,000 shall be used for a project that provides
training, technical assistance, and best practices; and
(D) $10,000,000 is for a grant program for crisis
stabilization and community reentry, as authorized by the Crisis
Stabilization and Community Reentry Act of 2020 (Public Law 116-
281):
Provided, That up to $7,500,000 of funds made available in this
paragraph may be used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for Success
programs implementing the Permanent Supportive Housing Model and reentry
housing;
(15) $420,000,000 for comprehensive opioid use reduction activities,
including as authorized by CARA, and for the following programs, which
shall address opioid, stimulant, and substance use disorders consistent
with underlying program authorities, of which--
(A) $89,000,000 is for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $40,000,000 is for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416);
(C) $35,000,000 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $32,000,000 is for a veterans treatment courts program;
(E) $35,000,000 is for a program to monitor prescription
drugs and scheduled listed chemical products; and
(F) $189,000,000 is for a comprehensive opioid, stimulant,
and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized by the
Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the Bureau of
Justice Assistance for purposes authorized under the STOP School
Violence Act;
(18) $3,000,000 for grants to State and local law enforcement
agencies for the expenses associated with the investigation and
prosecution of criminal offenses involving civil rights, as authorized
by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of
2016 (Public Law 114-325);
(19) $17,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and training on
hate crimes and to investigate and prosecute hate crimes, as authorized
by section 4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111-84);
(20) $9,000,000 for grants specified in paragraph (20) under the
heading ``State and Local Law Enforcement Assistance'' in division B of
Public Law 117-328;
(21) $9,000,000 for programs authorized under the Jabara-Heyer NO
HATE Act (34 U.S.C. 30507);
(22) $114,000,000 for initiatives to improve police-community
relations, of which $32,000,000 is for a competitive matching grant
program for purchases of body-worn cameras for State, local, and Tribal
law enforcement; $32,000,000 is for a justice reinvestment initiative,
for activities related to criminal justice reform and recidivism
reduction; and $50,000,000 is for a community violence intervention and
prevention initiative; and
(23) $3,000,000 is for emergency law enforcement assistance for
events occurring during or after fiscal year 2024, as authorized by
section 609M of the Justice Assistance Act of 1984 (34 U.S.C. 50101):
Provided, That, if a unit of local government uses any of the funds made
available under this heading to increase the number of law enforcement officers,
the unit of local government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public sector safety
service: Provided further, That in the spending plan submitted pursuant to
section 528 of this Act, the Office of Justice Programs shall specifically and
explicitly identify all changes in the administration of competitive grant
programs for fiscal year 2024, including changes to applicant eligibility,
priority areas or weightings, and the application review process: Provided
further, That of the amounts made available under this heading, the amount
specified in paragraph (1)(Q) is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (``the
1974 Act''); the Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); the Violence Against Women and Department of Justice Reauthorization Act
of 2005 (Public Law 109-162) (``the 2005 Act''); the Missing Children's
Assistance Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public Law 108-21);
the Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act'');
the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); the Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Justice for All Reauthorization Act of 2016 (Public Law
114-324); the Missing Children's Assistance Act of 2018 (Public Law 115-267);
the Juvenile Justice Reform Act of 2018 (Public Law 115-385); the Victims of
Crime Act of 1984 (chapter XIV of title II of Public Law 98-473) (``the 1984
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-
198); and other juvenile justice programs, $375,000,000, to remain available
until expended as follows--
(1) $65,000,000 for programs authorized by section 221 of the 1974
Act, and for training and technical assistance to assist small,
nonprofit organizations with the Federal grants process: Provided, That
of the amounts provided under this paragraph, $500,000 shall be for a
competitive demonstration grant program to support emergency planning
among State, local, and Tribal juvenile justice residential facilities;
(2) $104,000,000 for youth mentoring grants;
(3) $55,000,000 for delinquency prevention, of which, pursuant to
sections 261 and 262 of the 1974 Act--
(A) $4,000,000 shall be for grants to prevent trafficking of
girls;
(B) $16,000,000 shall be for the Tribal Youth Program;
(C) $4,500,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(D) $10,500,000 shall be for an initiative relating to youth
affected by opioids, stimulants, and substance use disorder; and
(E) $9,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $41,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $103,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974 Act
(except that section 102(b)(4)(B) of the PROTECT Our Children Act of
2008 (Public Law 110-401) shall not apply for purposes of this Act);
(6) $4,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the 1990
Act; and
(7) $2,500,000 for a program to improve juvenile indigent defense:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the programs
or activities authorized: Provided further, That not more than 2 percent of the
amounts designated under paragraphs (1) through (3) and (6) may be used for
training and technical assistance: Provided further, That the two preceding
provisos shall not apply to grants and projects administered pursuant to
sections 261 and 262 of the 1974 Act and to missing and exploited children
programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are
necessary (including amounts for administrative costs), to remain available
until expended; and $34,800,000 for payments authorized by section 1201(b) of
such Act and for educational assistance authorized by section 1218 of such Act,
to remain available until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and education
payments, the Attorney General may transfer such amounts to ``Public Safety
Officer Benefits'' from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances: Provided further, That
any transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set forth in
that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
American Law Enforcement Heroes Act of 2017 (Public Law 115-37); the Law
Enforcement Mental Health and Wellness Act (Public Law 115-113) (``the LEMHW
Act''); the SUPPORT for Patients and Communities Act (Public Law 115-271); the
Supporting and Treating Officers In Crisis Act of 2019 (Public Law 116-32)
(``the STOIC Act''); and the Law Enforcement De-Escalation Training Act of 2022
(Public Law 117-325), $664,516,000, to remain available until expended:
Provided, That any balances made available through prior year deobligations
shall only be available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading--
(1) $256,168,839 is for grants under section 1701 of title I of the
1968 Act (34 U.S.C. 10381) for the hiring and rehiring of additional
career law enforcement officers under part Q of such title
notwithstanding subsection (i) of such section: Provided, That,
notwithstanding section 1704(c) of such title (34 U.S.C. 10384(c)),
funding for hiring or rehiring a career law enforcement officer may not
exceed $125,000 unless the Director of the Office of Community Oriented
Policing Services grants a waiver from this limitation: Provided
further, That of the amounts appropriated under this paragraph,
$34,000,000 is for improving Tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and anti-opioid
activities: Provided further, That of the amounts appropriated under
this paragraph, $44,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968 Act, which
shall be transferred to and merged with ``Research, Evaluation, and
Statistics'' for administration by the Office of Justice Programs:
Provided further, That of the amounts appropriated under this paragraph,
no less than $4,000,000 is to support the Tribal Access Program:
Provided further, That of the amounts appropriated under this paragraph,
$10,000,000 is for training, peer mentoring, mental health program
activities, and other support services as authorized under the LEMHW Act
and the STOIC Act: Provided further, That of the amounts appropriated
under this paragraph, $7,500,000 is for the collaborative reform model
of technical assistance in furtherance of section 1701 of title I of the
1968 Act (34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE Act of
2016 (Public Law 114-199);
(3) $16,000,000 is for competitive grants to State law enforcement
agencies in States with high seizures of precursor chemicals, finished
methamphetamine, laboratories, and laboratory dump seizures: Provided,
That funds appropriated under this paragraph shall be utilized for
investigative purposes to locate or investigate illicit activities,
including precursor diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary treatment
admissions for heroin and other opioids: Provided, That these funds
shall be utilized for investigative purposes to locate or investigate
illicit activities, including activities related to the distribution of
heroin or unlawful distribution of prescription opioids, or unlawful
heroin and prescription opioid traffickers through statewide
collaboration;
(5) $53,000,000 is for competitive grants to be administered by the
Community Oriented Policing Services Office for purposes authorized
under the STOP School Violence Act (title V of division S of Public Law
115-141);
(6) $25,000,000 is for community policing development activities in
furtherance of section 1701 of title I of the 1968 Act (34 U.S.C.
10381);
(7) $247,347,161 is for a law enforcement technologies and
interoperable communications program, and related law enforcement and
public safety equipment, which shall be made available for the COPS Tech
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
such amounts may not be transferred for any other purpose: Provided
further, That grants funded by such amounts shall not be subject to
section 1703 of title I of the 1968 Act (34 U.S.C. 10383); and
(8) $20,000,000 is for activities authorized by the Law Enforcement
De-Escalation Training Act of 2022 (Public Law 117-325).
General Provisions--Department of Justice
(including transfers of funds)
Sec. 201. In addition to amounts otherwise made available in this title for
official reception and representation expenses, a total of not to exceed $50,000
from funds appropriated to the Department of Justice in this title shall be
available to the Attorney General for official reception and representation
expenses.
Sec. 202. None of the funds appropriated by this title shall be available
to pay for an abortion, except where the life of the mother would be endangered
if the fetus were carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be used to
require any person to perform, or facilitate in any way the performance of, any
abortion.
Sec. 204. Nothing in the preceding section shall remove the obligation of
the Director of the Bureau of Prisons to provide escort services necessary for a
female inmate to receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect of section 203
intended to address the philosophical beliefs of individual employees of the
Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Justice in this Act may be
transferred between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and shall
not be available for obligation except in compliance with the procedures set
forth in that section: Provided further, That this section shall not apply to
the following--
(1) paragraph 1(R) under the heading ``State and Local Law
Enforcement Assistance''; and
(2) paragraph (7) under the heading ``Community Oriented Policing
Services Programs''.
Sec. 206. None of the funds made available under this title may be used by
the Federal Bureau of Prisons or the United States Marshals Service for the
purpose of transporting an individual who is a prisoner pursuant to conviction
for crime under State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be used by
Federal prisons to purchase cable television services, or to rent or purchase
audiovisual or electronic media or equipment used primarily for recreational
purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or purchase of
audiovisual or electronic media or equipment for inmate training, religious, or
educational programs.
Sec. 208. None of the funds made available under this title shall be
obligated or expended for any new or enhanced information technology program
having total estimated development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board certify to the
Committees on Appropriations of the House of Representatives and the Senate that
the information technology program has appropriate program management controls
and contractor oversight mechanisms in place, and that the program is compatible
with the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in section
505 of this Act shall apply to deviations from the amounts designated for
specific activities in this Act and in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act), and to
any use of deobligated balances of funds provided under this title in previous
years.
Sec. 210. None of the funds appropriated by this Act may be used to plan
for, begin, continue, finish, process, or approve a public-private competition
under the Office of Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work performed by employees
of the Bureau of Prisons or of Federal Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds shall be
available for the salary, benefits, or expenses of any United States Attorney
assigned dual or additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the residency requirements
of section 545 of title 28, United States Code.
Sec. 212. At the discretion of the Attorney General, and in addition to any
amounts that otherwise may be available (or authorized to be made available) by
law, with respect to funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local Law Enforcement
Assistance'', and ``Juvenile Justice Programs''--
(1) up to 2 percent of funds made available to the Office of Justice
Programs for grant or reimbursement programs may be used by such Office
to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged with
funds provided to the National Institute of Justice and the Bureau of
Justice Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations for such
grant or reimbursement programs.
This section shall not apply to paragraph 1(R) under the heading ``State and
Local Law Enforcement Assistance''.
Sec. 213. Upon request by a grantee for whom the Attorney General has
determined there is a fiscal hardship, the Attorney General may, with respect to
funds appropriated in this or any other Act making appropriations for fiscal
years 2021 through 2024 for the following programs, waive the following
requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), the
requirements under section 2976(g)(1) of such part (34 U.S.C.
10631(g)(1)).
(2) For grants to protect inmates and safeguard communities as
authorized by section 6 of the Prison Rape Elimination Act of 2003 (34
U.S.C. 30305(c)(3)), the requirements of section 6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law, section 20109(a) of
subtitle A of title II of the Violent Crime Control and Law Enforcement Act of
1994 (34 U.S.C. 12109(a)) shall not apply to amounts made available by this or
any other Act.
Sec. 215. None of the funds made available under this Act, other than for
the national instant criminal background check system established under section
103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), may be used
by a Federal law enforcement officer to facilitate the transfer of an operable
firearm to an individual if the Federal law enforcement officer knows or
suspects that the individual is an agent of a drug cartel, unless law
enforcement personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of Justice
Working Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation during fiscal year 2024,
except up to $12,000,000 may be obligated for implementation of a unified
Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances transferred to the
capital account of the Department of Justice Working Capital Fund pursuant to
title I of Public Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2024, and any use, obligation, transfer,
or allocation of such funds shall be treated as a reprogramming of funds under
section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances available
under section 524(c)(8)(E) of title 28, United States Code, shall be available
for obligation during fiscal year 2024, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming of funds under
section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act for the
Office of Justice Programs may be used to participate in Performance Partnership
Pilots authorized under such authorities as have been enacted for Performance
Partnership Pilots in appropriations acts in prior fiscal years and the current
fiscal year.
Sec. 218. The Attorney General shall submit to the Committees on
Appropriations of the House of Representatives and the Senate quarterly reports
on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and
the Asset Forfeiture Fund. Such quarterly reports shall contain at least the
same level of information and detail for each Fund as was provided to the
Committees on Appropriations of the House of Representatives and the Senate in
fiscal year 2023.
Sec. 219. None of the funds made available under this Act may be used to
conduct, contract for, or otherwise support, live tissue training, unless the
Attorney General issues a written, non-delegable determination that such
training is medically necessary and cannot be replicated by alternatives.
Sec. 220. None of the funds made available by this Act may be used by the
Department of Justice to target or investigate parents who peacefully protest at
school board meetings and are not suspected of engaging in unlawful activity.
Sec. 221. None of the funds made available by this Act may be used to
investigate or prosecute religious institutions on the basis of their religious
beliefs.
Sec. 222. Of the unobligated balances from amounts in the fund established
by section 9006(a) of title 26, United States Code, $25,000,000 shall be paid to
the ``Office of Justice Programs--State and Local Law Enforcement Assistance''
appropriation, to remain available until expended, for an additional amount for
grants for law enforcement activities associated with the presidential
nominating conventions, under the same authorities and conditions as amounts
made available in paragraph (1)(Q) under the heading ``Office of Justice
Programs--State and Local Law Enforcement Assistance'' in this Act.
This title may be cited as the ``Department of Justice Appropriations Act,
2024''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology Policy, in
carrying out the purposes of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by section 3109 of title 5,
United States Code, not to exceed $2,250 for official reception and
representation expenses, and rental of conference rooms in the District of
Columbia, $7,965,000.
National Space Council
For necessary expenses of the National Space Council, in carrying out the
purposes of title V of Public Law 100-685 and Executive Order No. 13803, hire of
passenger motor vehicles, and services as authorized by section 3109 of title 5,
United States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That notwithstanding any other
provision of law, the National Space Council may accept personnel support from
Federal agencies, departments, and offices, and such Federal agencies,
departments, and offices may detail staff without reimbursement to the National
Space Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct and
support of science research and development activities, including research,
development, operations, support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation of mission
and administrative aircraft, $7,334,200,000, to remain available until September
30, 2025.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct and
support of aeronautics research and development activities, including research,
development, operations, support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation of mission
and administrative aircraft, $935,000,000, to remain available until September
30, 2025.
space technology
For necessary expenses, not otherwise provided for, in the conduct and
support of space technology research and development activities, including
research, development, operations, support, and services; maintenance and
repair, facility planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, $1,100,000,000, to remain
available until September 30, 2025.
exploration
For necessary expenses, not otherwise provided for, in the conduct and
support of exploration research and development activities, including research,
development, operations, support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation of mission
and administrative aircraft, $7,666,200,000, to remain available until September
30, 2025: Provided, That of the amounts made available under this heading,
$450,000,000 is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the House of
Representatives and the Senate, concurrent with the annual budget submission, a
5-year budget profile for an integrated system that includes the Space Launch
System, the Orion Multi-Purpose Crew Vehicle, and associated ground systems that
will ensure a crewed launch as early as possible.
space operations
For necessary expenses, not otherwise provided for, in the conduct and
support of space operations research and development activities, including
research, development, operations, support and services; space flight,
spacecraft control, and communications activities, including operations,
production, and services; maintenance and repair, facility planning and design;
program management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,220,000,000, to remain available until September 30,
2025.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct and
support of aerospace and aeronautical education research and development
activities, including research, development, operations, support, and services;
program management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $143,000,000, to remain available until September 30,
2025, of which $26,000,000 shall be for the Established Program to Stimulate
Competitive Research and $58,000,000 shall be for the National Space Grant
College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct and
support of science, aeronautics, space technology, exploration, space operations
and education research and development activities, including research,
development, operations, support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $63,000 for official reception and representation
expenses; and purchase, lease, charter, maintenance, and operation of mission
and administrative aircraft, $3,129,000,000, to remain available until September
30, 2025: Provided, That if available balances in the ``Science, Space, and
Technology Education Trust Fund'' are not sufficient to provide for the grant
disbursements required under the third and fourth provisos under such heading in
the Department of Housing and Urban Development-Independent Agencies
Appropriations Act, 1989 (Public Law 100-404) as amended by the Departments of
Veterans Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103-327), up to $1,000,000 shall be
available from amounts made available under this heading to make such grant
disbursements: Provided further, That of the amounts appropriated under this
heading, $56,673,000 shall be made available for the SSMS projects, and in the
amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That the amounts made available
for the projects referenced in the preceding proviso may not be transferred for
any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including repair,
rehabilitation, revitalization, and modification of facilities, construction of
new facilities and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of real property, as
authorized by law, and environmental compliance and restoration, $300,000,000,
to remain available until September 30, 2029: Provided, That of the amounts
made available under this heading, $250,000,000 is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided further,
That proceeds from leases deposited into this account shall be available for a
period of 5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds referred to in the
preceding proviso shall be available for obligation for fiscal year 2024 in an
amount not to exceed $30,000,000: Provided further, That each annual budget
request shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title 51,
United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out
the Inspector General Act of 1978, $47,600,000, of which $500,000 shall remain
available until September 30, 2025.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain available,
without fiscal year limitation, until a prize is claimed or the offer is
withdrawn.
Not to exceed 10 percent of any appropriation made available for the current
fiscal year for the National Aeronautics and Space Administration in this Act
may be transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by more than 20
percent by any such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities shall not
increase that account by more than 20 percent. Balances so transferred shall be
merged with and available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with the procedures
set forth in that section.
Not to exceed 5 percent of any appropriation provided for the National
Aeronautics and Space Administration under previous appropriations Acts that
remains available for obligation or expenditure in fiscal year 2024 may be
transferred between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10 percent by
any such transfers. Any transfer pursuant to this provision shall retain its
original availability and shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by the National
Aeronautics and Space Administration at the theme, program, project, and
activity level. The spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification requirements of
section 505 of this Act, shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Not more than 20 percent or $50,000,000, whichever is less, of the amounts
made available in the current-year Construction and Environmental Compliance and
Restoration (CECR) appropriation may be applied to CECR projects funded under
previous years' CECR appropriations. Use of current-year funds under this
provision shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in compliance with the
procedures set forth in that section.
Of the amounts made available in this Act under the heading ``Science,
Technology, Engineering, and Mathematics Engagement'' (``STEM Engagement''), up
to $5,000,000 shall be available to jointly fund, with an additional amount of
up to $1,000,000 each from amounts made available in this Act under the headings
``Science'', ``Aeronautics'', ``Space Technology'', ``Exploration'', and ``Space
Operations'', projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including Minority Serving
Institutions.
Not to exceed $32,600,000 made available for the current fiscal year in this
Act within ``Safety, Security and Mission Services'' may be transferred to the
Working Capital Fund of the National Aeronautics and Space Administration.
Balances so transferred shall be available until expended only for activities
described in section 30102(b)(3) of title 51, United States Code, as amended by
this Act, and shall remain available until expended. Any transfer pursuant to
this provision shall be treated as a reprogramming of funds under section 505 of
this Act and shall not be available for obligation except in compliance with the
procedures set forth in that section.
Funds previously made available in the Consolidated Appropriations Act, 2017
(Public Law 115-31) under the heading ``National Aeronautics and Space
Administration--Space Operations'' that were available for obligation through
fiscal year 2018 are to remain available through fiscal year 2027 for the
liquidation of valid obligations incurred in fiscal years 2017 and 2018.
Funds previously made available in the Consolidated Appropriations Act, 2018
(Public Law 115-141) under the heading ``National Aeronautics and Space
Administration--Space Operations'' that were available for obligation through
fiscal year 2019 are to remain available through fiscal year 2027 for the
liquidation of valid obligations incurred in fiscal years 2018 and 2019.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science Foundation Act
of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 (42 U.S.C. 1880 et
seq.); services as authorized by section 3109 of title 5, United States Code;
maintenance and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized travel;
$7,176,500,000, to remain available until September 30, 2025: Provided, That of
the amounts appropriated under this heading, not to exceed $680,000,000 shall
remain available until expended for polar research and operations support, and
for reimbursement to other Federal agencies for operational and science support
and logistical and other related activities for the United States Antarctic
program: Provided further, That of the amounts in the preceding proviso, not
less than $109,310,000 shall be for U.S. Antarctic Logistical Support: Provided
further, That receipts for scientific support services and materials furnished
by the National Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction, commissioning, and
upgrading of major research equipment, facilities, and other such capital assets
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $234,000,000, to remain available until
expended: Provided, That of the amounts made available under this heading,
$234,000,000 is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
stem education
For necessary expenses in carrying out science, mathematics, and engineering
education and human resources programs and activities pursuant to the National
Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including services as
authorized by section 3109 of title 5, United States Code, authorized travel,
and rental of conference rooms in the District of Columbia, $1,172,000,000, to
remain available until September 30, 2025.
agency operations and award management
For agency operations and award management necessary in carrying out the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); services
authorized by section 3109 of title 5, United States Code; hire of passenger
motor vehicles; uniforms or allowances therefor, as authorized by sections 5901
and 5902 of title 5, United States Code; rental of conference rooms in the
District of Columbia; and reimbursement of the Department of Homeland Security
for security guard services; $448,000,000: Provided, That not to exceed $8,280
is for official reception and representation expenses: Provided further, That
contracts may be entered into under this heading in fiscal year 2024 for
maintenance and operation of facilities and for other services to be provided
during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference rooms in the District
of Columbia, and the employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4 of the National
Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C.
1880 et seq.), $5,090,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as authorized by
the Inspector General Act of 1978, $24,410,000, of which $1,300,000 shall remain
available until September 30, 2025.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the current
fiscal year for the National Science Foundation in this Act may be transferred
between such appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers. Any transfer pursuant to this
paragraph shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in compliance with the
procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall notify the
Committees on Appropriations of the House of Representatives and the Senate at
least 30 days in advance of any planned divestment through transfer,
decommissioning, termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and equipment) valued
greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act, 2024''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including hire of
passenger motor vehicles, $14,350,000: Provided, That none of the funds
appropriated in this paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations exclusive of one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be used to
reimburse Commissioners for more than 75 billable days, with the exception of
the chairperson, who is permitted 125 billable days: Provided further, That the
Chair may accept and use any gift or donation to carry out the work of the
Commission: Provided further, That none of the funds appropriated in this
paragraph shall be used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of 1983 (42 U.S.C.
1975a): Provided further, That notwithstanding the preceding proviso,
$2,000,000 shall be used to separately fund the Commission on the Social Status
of Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity Commission as
authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination
in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with
Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the
Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including
services as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31, United
States Code; nonmonetary awards to private citizens; and up to $31,500,000 for
payments to State and local enforcement agencies for authorized services to the
Commission, $455,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to exceed
$2,250 from available funds: Provided further, That the Commission may take no
action to implement any workforce repositioning, restructuring, or
reorganization until such time as the Committees on Appropriations of the House
of Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this Act:
Provided further, That the Chair may accept and use any gift or donation to
carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission, including hire
of passenger motor vehicles and services as authorized by section 3109 of title
5, United States Code, and not to exceed $2,250 for official reception and
representation expenses, $122,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the purposes of
the Legal Services Corporation Act of 1974, $560,000,000, of which $516,100,000
is for basic field programs and required independent audits; $5,700,000 is for
the Office of Inspector General, of which such amounts as may be necessary may
be used to conduct additional audits of recipients; $26,200,000 is for
management and grants oversight; $5,000,000 is for client self-help and
information technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That the Legal Services
Corporation may continue to provide locality pay to officers and employees at a
rate no greater than that provided by the Federal Government to Washington, DC-
based employees as authorized by section 5304 of title 5, United States Code,
notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C.
2996d(d)): Provided further, That the authorities provided in section 205 of
this Act shall be applicable to the Legal Services Corporation: Provided
further, That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services Corporation
shall be expended for any purpose prohibited or limited by, or contrary to any
of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal Services
Corporation shall be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to 1997 and 1998
shall be deemed to refer instead to 2023 and 2024, respectively: Provided, That
for the purposes of applications of such sections 501 and 502, any requirement
relating to the proportion of attorneys serving on the governing body of an
entity providing legal assistance shall be deemed to be satisfied if at least 33
percent of such governing body is composed of attorneys otherwise meeting the
criteria established by section 1007(c) of the Legal Services Corporation Act
(42 U.S.C. 2996f(c)), and section 502(2)(b)(ii) of Public Law 104-134 shall not
apply.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized by
title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.),
$4,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of title 5,
United States Code, $59,000,000, of which $1,000,000 shall remain available
until expended: Provided, That of the total amount made available under this
heading, not to exceed $124,000 shall be available for official reception and
representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized by
section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4405), including transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant to subsection
(d)(1) of such section shall be treated as a reprogramming under section 505 of
this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized by the
State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) $7,640,000, of
which $500,000 shall remain available until September 30, 2025: Provided, That
not to exceed $2,250 shall be available for official reception and
representation expenses: Provided further, That, for the purposes of section
505 of this Act, the State Justice Institute shall be considered an agency of
the United States Government.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes not authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
Sec. 503. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, pursuant to section 3109 of
title 5, United States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such provision
to any person or circumstances shall be held invalid, the remainder of the Act
and the application of each provision to persons or circumstances other than
those as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2024, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1) creates or
initiates a new program, project, or activity; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for any
project or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices, programs,
or activities; (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments existing programs,
projects, or activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any general savings,
including savings from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by Congress; unless
the House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code of
Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized purchases of
promotional items, funds made available by this Act shall be used to purchase
items that are manufactured, produced, or assembled in the United States, its
territories or possessions.
(2) The term ``promotional items'' has the meaning given the term in OMB
Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National Science
Foundation, and the National Aeronautics and Space Administration shall provide
to the Committees on Appropriations of the House of Representatives and the
Senate a quarterly report on the status of balances of appropriations at the
account level. For unobligated, uncommitted balances and unobligated, committed
balances the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the balances were
derived. For balances that are obligated, but unexpended, the quarterly reports
shall separately identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted within 30 days
of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a reporting
requirement described in subsection (a) due to a limitation of a current
accounting system, the department or agency shall fulfill such aspect to the
maximum extent practicable under such accounting system and shall identify and
describe in each quarterly report the extent to which such aspect is not
fulfilled.
Sec. 508. Any costs incurred by a department or agency funded under this
Act resulting from, or to prevent, personnel actions taken in response to
funding reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided further,
That for the Department of Commerce, this section shall also apply to actions
taken for the care and protection of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be available to
promote the sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions on the marketing of
tobacco or tobacco products, except for restrictions which are not applied
equally to all tobacco or tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts deposited or
available in the Fund established by section 1402 of chapter XIV of title II of
Public Law 98-473 (34 U.S.C. 20101) in any fiscal year in excess of
$1,353,000,000 shall not be available for obligation until the following fiscal
year: Provided, That notwithstanding section 1402(d) of such Act, of the
amounts available from the Fund for obligation: (1) $10,000,000 shall be
transferred to the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated with
this section; and (2) 5 percent shall be available to the Office for Victims of
Crime for grants, consistent with the requirements of the Victims of Crime Act,
to Indian Tribes to improve services for victims of crime.
Sec. 511. None of the funds made available to the Department of Justice in
this Act may be used to discriminate against or denigrate the religious or moral
beliefs of students who participate in programs for which financial assistance
is provided from those funds, or of the parents or legal guardians of such
students.
Sec. 512. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided in, this
Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce, the
Department of Justice, the National Aeronautics and Space Administration, the
National Science Foundation, and the Legal Services Corporation shall conduct
audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit reports
to Congress on the progress of such audits, which may include preliminary
findings and a description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in subsection
(a) by an Inspector General is completed, the Secretary, Attorney General,
Administrator, Director, or President, as appropriate, shall make the results of
the audit available to the public on the Internet website maintained by the
Department, Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United States
Code; and
(2) sensitive personal information for any individual, the public
access to which could be used to commit identity theft or for other
inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts appropriated by
this Act shall submit a statement to the Secretary of Commerce, the Attorney
General, the Administrator, Director, or President, as appropriate, certifying
that no funds derived from the grant or contract will be made available through
a subcontract or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section shall take
effect 30 days after the date on which the Director of the Office of Management
and Budget, in consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and requirements, substantially
similar to the requirements in such subsections, consistently apply under the
executive branch ethics program to all Federal departments, agencies, and
entities.
Sec. 514. (a) None of the funds appropriated or otherwise made available
under this Act may be used by the Departments of Commerce and Justice, the
National Aeronautics and Space Administration, or the National Science
Foundation to acquire a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST and the Federal Bureau of
Investigation (FBI) to inform acquisition decisions for high-impact and
moderate-impact information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the FBI
and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal
entity, conducted an assessment of any risk of cyber-espionage or
sabotage associated with the acquisition of such system, including any
risk associated with such system being produced, manufactured, or
assembled by one or more entities identified by the United States
Government as posing a cyber threat, including but not limited to, those
that may be owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available under this
Act may be used to acquire a high-impact or moderate-impact information system
reviewed and assessed under subsection (a) unless the head of the assessing
entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and supply chain
risk management experts, a mitigation strategy for any identified risks;
(2) determined, in consultation with NIST and the FBI, that the
acquisition of such system is in the national interest of the United
States; and
(3) reported that determination to the Committees on Appropriations
of the House of Representatives and the Senate and the agency Inspector
General.
Sec. 515. None of the funds made available in this Act shall be used in any
way whatsoever to support or justify the use of torture by any official or
contract employee of the United States Government.
Sec. 516. None of the funds made available in this Act may be used to
include in any new bilateral or multilateral trade agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore Free
Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia Free
Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco Free
Trade Agreement.
Sec. 517. None of the funds made available in this Act may be used to
authorize or issue a national security letter in contravention of any of the
following laws authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act of 1978; The Electronic
Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws
amended by these Acts.
Sec. 518. If at any time during any quarter, the program manager of a
project within the jurisdiction of the Departments of Commerce or Justice, the
National Aeronautics and Space Administration, or the National Science
Foundation totaling more than $75,000,000 has reasonable cause to believe that
the total program cost has increased by 10 percent or more, the program manager
shall immediately inform the respective Secretary, Administrator, or Director.
The Secretary, Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of such increase, and
shall include in such notice: the date on which such determination was made; a
statement of the reasons for such increases; the action taken and proposed to be
taken to control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such changes have
contributed to the increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a statement validating
that the project's management structure is adequate to control total project or
procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the transfer
of funds in this Act, for intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2024
until the enactment of the Intelligence Authorization Act for fiscal year 2024.
Sec. 520. None of the funds appropriated or otherwise made available by
this Act may be used to enter into a contract in an amount greater than
$5,000,000 or to award a grant in excess of such amount unless the prospective
contractor or grantee certifies in writing to the agency awarding the contract
or grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal offense under
the Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for which the
liability remains unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been approved by the
Internal Revenue Service and is not in default, or the assessment is the subject
of a non-frivolous administrative or judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances available to the Department of
Commerce, the following funds are hereby permanently rescinded, not later than
September 30, 2024, from the following accounts in the specified amounts--
(1) ``Economic Development Administration--Economic Development
Assistance Programs'', $35,000,000, only from prior year appropriations;
(2) ``Census Working Capital Fund'', $10,000,000;
(3) ``National Institute of Standards and Technology--Working
Capital Fund'', $10,000,000;
(4) ``Nonrecurring Expenses Fund'', $12,440,000,000, only from
amounts appropriated by section 101(e) of the Fiscal Responsibility Act
of 2023 (Public Law 118-5); and
(5) ``Departmental Management--Working Capital Fund'', $10,000,000.
(b) Of the unobligated balances from prior year appropriations available to
the Department of Justice, the following funds are hereby permanently rescinded,
not later than September 30, 2024, from the following accounts in the specified
amounts--
(1) ``Federal Bureau of Investigation--Salaries and Expenses'',
$367,700,000;
(2) ``Federal Prison System--Buildings and Facilities'',
$19,000,000;
(3) ``State and Local Law Enforcement Activities--Office on Violence
Against Women--Violence Against Women Prevention and Prosecution
Programs'', $5,000,000;
(4) ``State and Local Law Enforcement Activities--Office of Justice
Programs'', $120,000,000; and
(5) ``State and Local Law Enforcement Activities--Community Oriented
Policing Services'', $15,000,000.
(c) Of the unobligated balances available to the Department of Justice, the
following funds are hereby permanently rescinded, not later than September 30,
2024, from the following accounts in the specified amounts--
(1) ``Working Capital Fund'', $131,572,000; and
(2) ``Legal Activities--Assets Forfeiture Fund'', $500,000,000.
(d) The Departments of Commerce and Justice shall submit to the Committees
on Appropriations of the House of Representatives and the Senate a report no
later than September 1, 2024, specifying the amount of each rescission made
pursuant to subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c) shall not be from
amounts that were designated by the Congress as an emergency or disaster relief
requirement pursuant to the concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
(f) The amounts rescinded pursuant to subsections (b) and (c) shall not be
from--
(1) amounts provided under subparagraph (Q) of paragraph (1) under
the heading ``State and Local Law Enforcement Activities--Office of
Justice Programs--State and Local Law Enforcement Assistance'' in title
II of division B of Public Law 117-103 or Public Law 117-328; or
(2) amounts provided under paragraph (7) under the heading ``State
and Local Law Enforcement Activities--Community Oriented Policing
Services--Community Oriented Policing Services Programs'' in title II of
division B of Public Law 117-103 or Public Law 117-328.
Sec. 522. None of the funds made available in this Act may be used to
purchase first class or premium airline travel in contravention of sections 301-
10.122 through 301-10.124 of title 41 of the Code of Federal Regulations.
Sec. 523. None of the funds made available in this Act may be used to send
or otherwise pay for the attendance of more than 50 employees from a Federal
department or agency, who are stationed in the United States, at any single
conference occurring outside the United States unless--
(1) such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of Federal
employees in attendance are law enforcement personnel stationed outside
the United States; or
(2) such conference is a scientific conference and the department or
agency head determines that such attendance is in the national interest
and notifies the Committees on Appropriations of the House of
Representatives and the Senate within at least 15 days of that
determination and the basis for that determination.
Sec. 524. The Director of the Office of Management and Budget shall
instruct any department, agency, or instrumentality of the United States
receiving funds appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance plan and
performance and accountability reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in expired
grant accounts.
(2) The method that the department, agency, or instrumentality uses
to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant accounts
that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total number of
expired grant accounts with undisbursed balances (on the first day of
each fiscal year) for the department, agency, or instrumentality and the
total finances that have not been obligated to a specific project
remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in this Act
should be used to purchase light bulbs that are ``Energy Star'' qualified or
have the ``Federal Energy Management Program'' designation.
Sec. 526. (a) None of the funds made available by this Act may be used for
the National Aeronautics and Space Administration (NASA), the Office of Science
and Technology Policy (OSTP), or the National Space Council (NSC) to develop,
design, plan, promulgate, implement, or execute a bilateral policy, program,
order, or contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless such
activities are specifically authorized by a law enacted after the date of
enactment of this Act.
(b) None of the funds made available by this Act may be used to effectuate
the hosting of official Chinese visitors at facilities belonging to or utilized
by NASA.
(c) The limitations described in subsections (a) and (b) shall not apply to
activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau
of Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology, data,
or other information with national security or economic security
implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who have
been determined by the United States to have direct involvement with
violations of human rights.
(d) Any certification made under subsection (c) shall be submitted to the
Committees on Appropriations of the House of Representatives and the Senate, and
the Federal Bureau of Investigation, no later than 30 days prior to the activity
in question and shall include a description of the purpose of the activity, its
agenda, its major participants, and its location and timing.
Sec. 527. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, Tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the National Aeronautics
and Space Administration, the National Science Foundation, the Commission on
Civil Rights, the Equal Employment Opportunity Commission, the International
Trade Commission, the Legal Services Corporation, the Marine Mammal Commission,
the Offices of Science and Technology Policy and the United States Trade
Representative, the National Space Council, and the State Justice Institute
shall submit spending plans, signed by the respective department or agency head,
to the Committees on Appropriations of the House of Representatives and the
Senate not later than 45 days after the date of enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available by this Act may be used to pay
award or incentive fees for contractor performance that has been judged to be
below satisfactory performance or for performance that does not meet the basic
requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used in
contravention of section 7606 (``Legitimacy of Industrial Hemp Research'') of
the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or
the Drug Enforcement Administration.
Sec. 531. None of the funds made available under this Act to the Department
of Justice may be used, with respect to any of the States of Alabama, Alaska,
Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota,
Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming, or with respect to the District of Columbia, the Commonwealth of
the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto
Rico, to prevent any of them from implementing their own laws that authorize the
use, distribution, possession, or cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National Aeronautics and Space
Administration, and the National Science Foundation shall provide a quarterly
report to the Committees on Appropriations of the House of Representatives and
the Senate on any official travel to China by any employee of such Department or
agency, including the purpose of such travel.
Sec. 533. Of the amounts made available by this Act, not less than 10
percent of each total amount provided, respectively, for Public Works grants
authorized by the Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3722) shall be allocated for assistance in persistent poverty
counties: Provided, That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured by the 1993
Small Area Income and Poverty Estimates, the 2000 decennial census, and the most
recent Small Area Income and Poverty Estimates, or any Territory or possession
of the United States.
Sec. 534. (a) Notwithstanding any other provision of law or treaty, none of
the funds appropriated or otherwise made available under this Act or any other
Act may be expended or obligated by a department, agency, or instrumentality of
the United States to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an export license for
the export to Canada of components, parts, accessories or attachments for
firearms listed in Category I, section 121.1 of title 22, Code of Federal
Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as
it existed on April 1, 2005) with a total value not exceeding $500 wholesale in
any transaction, provided that the conditions of subsection (b) of this section
are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's Export
Declaration or notification letter required by law, or from being
otherwise eligible under the laws of the United States to possess, ship,
transport, or export the articles enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal Government,
or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of Customs and
postmasters shall permit the permanent or temporary export without a license of
any unclassified articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of Canadian-origin
items from Canada for end use in the United States or return to Canada for a
Canadian citizen.
(d) The President may require export licenses under this section on a
temporary basis if the President determines, upon publication first in the
Federal Register, that the Government of Canada has implemented or maintained
inadequate import controls for the articles specified in subsection (a), such
that a significant diversion of such articles has and continues to take place
for use in international terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license when reasons
for the temporary requirements have ceased.
Sec. 535. Notwithstanding any other provision of law, no department,
agency, or instrumentality of the United States receiving appropriated funds
under this Act or any other Act shall obligate or expend in any way such funds
to pay administrative expenses or the compensation of any officer or employee of
the United States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a
permit to import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 536. None of the funds made available by this Act may be used to pay
the salaries or expenses of personnel to deny, or fail to act on, an application
for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of shotgun, in
the same configuration, had been denied by the Attorney General prior to
January 1, 2011, on the basis that the shotgun was not particularly
suitable for or readily adaptable to sporting purposes.
Sec. 537. None of the funds made available by this Act may be obligated or
expended to implement the Arms Trade Treaty until the Senate approves a
resolution of ratification for the Treaty.
Sec. 538. None of the funds appropriated or otherwise made available in
this or any other Act may be used to transfer, release, or assist in the
transfer or release to or within the United States, its territories, or
possessions Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed Forces
of the United States; and
(2) is or was held on or after June 24, 2009, at the United States
Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 539. (a) None of the funds appropriated or otherwise made available in
this or any other Act may be used to construct, acquire, or modify any facility
in the United States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any modification of
facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of
June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba,
and who--
(1) is not a citizen of the United States or a member of the Armed
Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 540. (a) The remaining unobligated balances of funds as of September
30, 2024, from amounts made available to ``Office of the United States Trade
Representative--Salaries and Expenses'' in section 540(a) of division B of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) are hereby rescinded,
and an amount of additional new budget authority equivalent to the amount
rescinded pursuant to this subsection is hereby appropriated on September 30,
2024, for an additional amount for fiscal year 2024, to remain available until
September 30, 2026, and shall be available for the same purposes, in addition to
other funds as may be available for such purposes, and under the same
authorities for which the funds were provided in Public Law 116-113, except that
all references to ``2023'' under such heading in Public Law 116-113 shall be
deemed to refer instead to ``2026''.
(b) The remaining unobligated balances of funds as of September 30, 2024,
from amounts made available to ``Office of the United States Trade
Representative--Trade Enforcement Trust Fund'' in section 540(b) of division B
of the Consolidated Appropriations Act, 2023 (Public Law 117-328) are hereby
rescinded, and an amount of additional new budget authority equivalent to the
amount rescinded pursuant to this subsection is hereby appropriated on September
30, 2024, for an additional amount for fiscal year 2024, to remain available
until September 30, 2026, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and under the
same authorities for which the funds were provided in Public Law 116-113, except
that the reference to ``2023'' under such heading in Public Law 116-113 shall be
deemed to refer instead to ``2026''.
(c) The amounts rescinded pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress),
as engrossed in the House of Representatives on June 8, 2022, are designated by
the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(d) Each amount provided by this section is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 541. Funds made available to the Department of Commerce and the
Department of Justice in this Act and any remaining unobligated balances of
funds made available to the Department of Commerce and the Department of Justice
in prior year Acts, other than amounts designated by the Congress as being for
an emergency requirement pursuant to a concurrent resolution on the budget or
the Balanced Budget and Emergency Deficit Control Act of 1985 or from amounts
made available under the heading ``Department of Justice--Legal Activities--Fees
and Expenses of Witnesses'', shall be available to provide payments pursuant to
section 901(i)(2) of title IX of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That payments made
pursuant to the matter preceding this proviso may not exceed $5,000,000 for the
Department of Commerce and $10,000,000 for the Department of Justice.
Sec. 542. Notwithstanding title II of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58), up to 0.7 percent of amounts made
available to the National Telecommunications and Information Administration by
such Act shall be available for salaries and expenses, administration, and
oversight of programs administered by such Administration that received
appropriations by such Act, in addition to amounts previously made available for
such purpose: Provided, That all such amounts shall be available across such
programs and shall be available for salaries and expenses, administration, and
oversight of the Connecting Minority Communities Pilot Program (as authorized by
section 902 of division N of Public Law 116-260) and of the Broadband
Connectivity Infrastructure Program (as authorized by section 905(d) of division
N of Public Law 116-260), regardless of the heading under which such amounts
were appropriated: Provided further, That such amounts may be transferred
between the appropriate accounts to carry out this section, in addition to
authorities included elsewhere in such Act: Provided further, That this section
shall not reduce the total allocation for any State under Program Notices of
Available Amounts dated June 30, 2023: Provided further, That amounts
transferred pursuant to this section may be obligated only after the Committees
on Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of the planned use of funds: Provided further, That
amounts repurposed or transferred pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant to a concurrent
resolution on the Budget are designated as an emergency requirement pursuant to
section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and to legislation establishing
fiscal year 2024 budget enforcement in the House of Representatives.
Sec. 543. None of the funds made available by this Act may be used to move
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Canine Training
Center or the ATF National Canine Division from Front Royal, Virginia, to
another location.
Sec. 544. (a) Section 507(d) of title 11, United States Code, is amended by
inserting ``excluding subparagraph (F)'' after ``(a)(8)''.
(b)(1) Except as provided in paragraph (2), the amendment made by subsection
(a) shall take effect on the date of the enactment of this Act.
(2) The amendment made by subsection (a) shall not apply with respect to
cases commenced under title 11 of the United States Code before the date of the
enactment of this Act.
Sec. 545. Section 107(b)(2)(C) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(b)(2)(C)) is amended by striking ``total costs of the
projects described in the application submitted'' and inserting in its place
``total project cost. In general, this project match requirement may be
satisfied by contributions or expenditures committed to improve victim support
services that promote victim recovery and reintegration into society, provided
that these contributions and expenditures are consistent with applicable grant
requirements and approved project scope''.
Sec. 546. (a)(1)(A) Within 45 days of enactment of this Act, the Secretary
of Commerce shall allocate amounts made available from the Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year
2024 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of
2022 (division A of Public Law 117-167), including the transfer authority in
such paragraphs of that section of that Act, to the accounts specified, in the
amounts specified, and for the projects and activities specified, in the table
titled ``Department of Commerce Allocation of National Institute of Standards
and Technology Funds: CHIPS Act Fiscal Year 2024'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), and pursuant to the direction included in the classified annex
accompanying this Act.
(B) Not later than October 15, 2024, and notwithstanding subsection (b) of
this section, the Secretary of Commerce shall allocate from the amounts made
available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Fund for fiscal year 2025 pursuant to paragraphs (1) and (2) of
section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117-167),
including the transfer authority in such paragraphs of that section of that Act,
to the account specified, in the amount specified, and for the project and
activity specified, in the table titled ``Department of Commerce Allocation of
National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year
2025'' in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), and pursuant to the direction
included in the classified annex accompanying this Act.
(C) Not later than October 15, 2025, and notwithstanding subsection (b) of
this section, the Secretary of Commerce shall allocate from the amounts made
available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Fund for fiscal year 2026 pursuant to paragraphs (1) and (2) of
section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117-167),
including the transfer authority in such paragraphs of that section of that Act,
to the accounts specified, in the amounts not to exceed that specified, and for
the projects and activities specified, in the table titled ``Department of
Commerce Allocation of National Institute of Standards and Technology Funds:
CHIPS Act Fiscal Year 2026'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), and pursuant to
the direction included in the classified annex accompanying this Act.
(2) Within 45 days of enactment of this Act, the Director of the National
Science Foundation shall allocate amounts made available from the Creating
Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and
Education Fund for fiscal year 2024 pursuant to section 102(d)(1) of the CHIPS
Act of 2022 (division A of Public Law 117-167), to the account specified, in the
amounts specified, and for the projects and activities specified in the table
titled ``National Science Foundation Allocation of Funds: CHIPS Act Fiscal Year
2024'' in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any amounts that are
made available for any fiscal year under section 102(a)(2)(A) of the CHIPS Act
of 2022 or under section 102(d)(2) of such Act if there is in effect an Act
making or continuing appropriations for part of a fiscal year for the
Departments of Commerce and Justice, Science, and Related Agencies: Provided,
That in any fiscal year, the matter preceding this proviso shall not apply to
the allocation, apportionment, or allotment of amounts for continuing
administration of programs allocated funds from the CHIPS for America Fund,
which may be allocated only in amounts that are no more than the allocation for
such purposes in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations of the House of Representatives
and the Senate, and subject to the terms and conditions in section 505 of this
Act--
(1) the Secretary of Commerce may reallocate funds allocated to
Industrial Technology Services for section 9906 of Public Law 116-283 by
subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may reallocate
funds allocated to the CHIPS for America Workforce and Education Fund by
subsection (a)(2) of this section.
(d) Concurrent with the annual budget submission of the President for fiscal
year 2025, the Secretary of Commerce and the Director of the National Science
Foundation, as appropriate, shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate proposed
allocations by account and by program, project, or activity, with detailed
justifications, for amounts made available under section 102(a)(2) and section
102(d)(2) of the CHIPS Act of 2022 for fiscal year 2025.
(e) The Department of Commerce and the National Science Foundation, as
appropriate, shall each provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances of
projects and activities funded by the CHIPS for America Fund for amounts
allocated pursuant to subsection (a)(1) of this section, and section 543(a)(1)
of division B of Public Law 117-328, the status of balances of projects and
activities funded by the Public Wireless Supply Chain Innovation Fund for
amounts allocated pursuant to section 543 (a)(2) of division B of Public Law
117-328, and the status of balances of projects and activities funded by the
CHIPS for America Workforce and Education Fund for amounts allocated pursuant to
subsection (a)(2) of this section and section 543(a)(3) of division B of Public
Law 117-328, including all uncommitted, committed, and unobligated funds.
This division may be cited as the ``Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2024''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS
ACT, 2024
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction of the
Secretary of the Army and the supervision of the Chief of Engineers for
authorized civil functions of the Department of the Army pertaining to river and
harbor, flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
(including rescission of funds)
For expenses necessary where authorized by law for the collection and study
of basic information pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and specifications of proposed river
and harbor, flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construction; for
restudy of authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $142,990,000, to remain available until
expended: Provided, That the Secretary shall not deviate from the work plan,
once the plan has been submitted to the Committees on Appropriations of both
Houses of Congress: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $11,413,000 is
rescinded: Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
construction
(including rescission of funds)
For expenses necessary for the construction of river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration, and
related projects authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those involving participation by
States, local governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall
not constitute a commitment of the Government to construction); $1,854,688,000,
to remain available until expended; of which $114,775,000, to be derived from
the Harbor Maintenance Trust Fund, shall be to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal Facilities
program; and of which such sums as are necessary to cover 35 percent of the
costs of construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust Fund, except
as otherwise specifically provided for in law: Provided, That of the
unobligated balances from prior year appropriations available under this
heading, $9,678,000 is rescinded: Provided further, That no amounts may be
rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That of the
unobligated balances from amounts made available under this heading in division
J of the Infrastructure Investment and Jobs Act (Public Law 117-58) for which
spend plan allocations have not been announced as of the date of enactment of
this Act, $1,434,500,000 shall be used, regardless of project purpose and in
addition to amounts otherwise made available for such purposes, for projects
specified in the table titled ``Corps of Engineers--Construction'' in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act), and, when combined with the amounts made available in
the matter preceding the first proviso under this heading, shall not in total
exceed the amount for any project as specified in such table: Provided further,
That projects receiving funds pursuant to the preceding proviso shall be subject
to the terms and conditions of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58): Provided further, That not later than 60 days
after the date of enactment of this Act, the Secretary shall submit directly to
the Committees on Appropriations of both Houses of Congress a work plan that
includes the amount that each project specified in the table titled ``Corps of
Engineers--Construction'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) will receive from
amounts made available in the matter preceding the first proviso under this
heading and from amounts repurposed pursuant to the third proviso under this
heading: Provided further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on Appropriations of
both Houses of Congress: Provided further, That amounts repurposed under this
heading that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget are designated as
an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal year 2022,
and to legislation establishing fiscal year 2024 budget enforcement in the House
of Representatives.
mississippi river and tributaries
(including rescission of funds)
For expenses necessary for flood damage reduction projects and related
efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri,
as authorized by law, $368,037,000, to remain available until expended, of which
$6,057,000, to be derived from the Harbor Maintenance Trust Fund, shall be to
cover the Federal share of eligible operation and maintenance costs for inland
harbors: Provided, That the Secretary shall not deviate from the work plan,
once the plan has been submitted to the Committees on Appropriations of both
Houses of Congress: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $1,110,000 is rescinded:
Provided further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
operation and maintenance
(including rescission of funds)
For expenses necessary for the operation, maintenance, and care of existing
river and harbor, flood and storm damage reduction, aquatic ecosystem
restoration, and related projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including administrative
buildings and laboratories; maintaining harbor channels provided by a State,
municipality, or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and straightening channels;
and removing obstructions to navigation, $5,552,816,000, to remain available
until expended, of which $2,650,168,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and for
inland harbors; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water Conservation Fund
Act of 1965 shall be derived from that account for resource protection,
research, interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; of which such
sums as become available from fees collected under section 217 of Public Law
104-303 shall be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have been collected;
and of which $58,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as
being for such purpose pursuant to paragraph (2) of section 14003 of division B
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136):
Provided, That 1 percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by the Chief of
Engineers to fund such emergency activities as the Chief of Engineers determines
to be necessary and appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts provided for
the programs, projects, or activities: Provided further, That the Secretary
shall not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress: Provided further, That
of the unobligated balances from prior year appropriations available under this
heading, $30,000 is rescinded: Provided further, That no amounts may be
rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
regulatory program
For expenses necessary for administration of laws pertaining to regulation
of navigable waters and wetlands, $221,000,000, to remain available until
September 30, 2025.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the United
States resulting from work performed as part of the Nation's early atomic energy
program, $300,000,000, to remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other natural
disasters and support emergency operations, repairs, and other activities in
response to such disasters as authorized by law, $35,000,000, to remain
available until expended.
expenses
For expenses necessary for the supervision and general administration of the
civil works program in the headquarters of the Corps of Engineers and the
offices of the Division Engineers; and for costs of management and operation of
the Humphreys Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development Center, and
the United States Army Corps of Engineers Finance Center allocable to the civil
works program, $216,000,000, to remain available until September 30, 2025, of
which not to exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That no part of any
other appropriation provided in this title shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the civil works
executive direction and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil Works as
authorized by 10 U.S.C. 7016(b)(3), $5,000,000, to remain available until
September 30, 2025: Provided, That not more than 75 percent of such amount may
be obligated or expended until the Assistant Secretary submits to the Committees
on Appropriations of both Houses of Congress the report required under section
101(d) of this Act and a work plan that allocates at least 95 percent of the
additional funding provided under each heading in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), to specific programs, projects, or activities: Provided further, That not
more than 90 percent of such amounts made available under this heading shall be
available for obligation until the Assistant Secretary provides in writing to
the Committees on Appropriations of both Houses of Congress recommendations for
the appropriate level of design during feasibility studies, the appropriate
level of preconstruction engineering and design required before a construction
new start, and how cost estimate classifications may best be adjusted for
changing environments.
water infrastructure finance and innovation program account
For the cost of direct loans and for the cost of guaranteed loans, as
authorized by the Water Infrastructure Finance and Innovation Act of 2014,
$2,200,000, to remain available until expended, for safety projects to maintain,
upgrade, and repair dams identified in the National Inventory of Dams with a
primary owner type of state, local government, public utility, or private:
Provided, That no project may be funded with amounts provided under this heading
for a dam that is identified as jointly owned in the National Inventory of Dams
and where one of those joint owners is the Federal Government: Provided
further, That amounts made available under this heading in this Act shall also
be available for projects to construct, maintain, upgrade, and repair levees and
ancillary features with a primary owner type of state, municipal, county,
private, or other non-Federal entity: Provided further, That no project may be
funded with amounts provided under this heading for a levee unless the Secretary
has certified in advance, in writing, that the levee is not owned, in whole or
in part, by the Federal Government: Provided further, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of direct
loans, including capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed, not to exceed
$440,000,000: Provided further, That the use of direct loans or loan guarantee
authority under this heading for direct loans or commitments to guarantee loans
for any project shall be in accordance with the criteria published in the
Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso
under the heading ``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94): Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be available for any
project unless the Secretary and the Director of the Office of Management and
Budget have certified in advance in writing that the direct loan or loan
guarantee, as applicable, and the project comply with the criteria referenced in
the previous proviso: Provided further, That any references to the
Environmental Protection Agency (EPA) or the Administrator in the criteria
referenced in the previous two provisos shall be deemed to be references to the
Army Corps of Engineers or the Secretary of the Army, respectively, for purposes
of the direct loans or loan guarantee authority made available under this
heading: Provided further, That for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional Budget
Office may request, and the Secretary shall promptly provide, documentation and
information relating to a project identified in a Letter of Interest submitted
to the Secretary pursuant to a Notice of Funding Availability for applications
for credit assistance under the Water Infrastructure Finance and Innovation Act
Program, including with respect to a project that was initiated or completed
before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections 5029 and
5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be
deposited in this account, to remain available until expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain
available until September 30, 2025.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfers of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or provided
by previous appropriations Acts to the agencies or entities funded in title I of
this Act that remain available for obligation or expenditure in fiscal year
2024, shall be available for obligation or expenditure through a reprogramming
of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on Appropriations
of both Houses of Congress;
(4) proposes to use funds directed for a specific activity for a
different purpose, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or activities
in excess of the amounts contained in paragraphs (6) through (10),
unless prior approval is received from the Committees on Appropriations
of both Houses of Congress;
(6) Investigations.--For a base level over $100,000, reprogramming
of 25 percent of the base amount up to a limit of $150,000 per project,
study or activity is allowed: Provided, That for a base level less than
$100,000, the reprogramming limit is $25,000: Provided further, That up
to $25,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000, reprogramming
of 15 percent of the base amount up to a limit of $3,000,000 per
project, study or activity is allowed: Provided, That for a base level
less than $2,000,000, the reprogramming limit is $300,000: Provided
further, That up to $3,000,000 may be reprogrammed for settled
contractor claims, changed conditions, or real estate deficiency
judgments: Provided further, That up to $300,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant administrative
expenses;
(8) Operation and maintenance.--Unlimited reprogramming authority is
granted for the Corps to be able to respond to emergencies: Provided,
That the Chief of Engineers shall notify the Committees on
Appropriations of both Houses of Congress of these emergency actions as
soon thereafter as practicable: Provided further, That for a base level
over $1,000,000, reprogramming of 15 percent of the base amount up to a
limit of $5,000,000 per project, study, or activity is allowed:
Provided further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That $150,000 may be
reprogrammed into any continuing study or activity that did not receive
an appropriation;
(9) Mississippi river and tributaries.--The reprogramming guidelines
in paragraphs (6), (7), and (8) shall apply to the Investigations,
Construction, and Operation and Maintenance portions of the Mississippi
River and Tributaries Account, respectively; and
(10) Formerly utilized sites remedial action program.--Reprogramming
of up to 15 percent of the base of the receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming for less
than $50,000 be submitted to the Committees on Appropriations of both Houses of
Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not apply to
any project or activity funded under the continuing authorities program.
(d) Not later than 60 days after the date of enactment of this Act, the
Secretary shall submit a report to the Committees on Appropriations of both
Houses of Congress to establish the baseline for application of reprogramming
and transfer authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column to display
the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if applicable, and the fiscal
year enacted level;
(2) A delineation in the table for each appropriation both by object
class and program, project and activity as detailed in the budget
appendix for the respective appropriations; and
(3) An identification of items of special congressional interest.
Sec. 102. The Secretary shall allocate funds made available in this Act
solely in accordance with the provisions of this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 103. None of the funds made available in this title may be used to
award or modify any contract that commits funds beyond the amounts appropriated
for that program, project, or activity that remain unobligated, except that such
amounts may include any funds that have been made available through
reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and Wildlife
Service, and the Fish and Wildlife Service may accept and expend, up to
$8,200,000 of funds provided in this title under the heading ``Operation and
Maintenance'' to mitigate for fisheries lost due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open lake
placement alternative for dredged material, after evaluating the least costly,
environmentally acceptable manner for the disposal or management of dredged
material originating from Lake Erie or tributaries thereto, unless it is
approved under a State water quality certification pursuant to section 401 of
the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until
an open lake placement alternative for dredged material is approved under a
State water quality certification, the Corps of Engineers shall continue upland
placement of such dredged material consistent with the requirements of section
101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used to carry
out any water supply reallocation study under the Wolf Creek Dam, Lake
Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60
Stat. 636, ch. 595).
Sec. 107. Additional funding provided in this Act shall be allocated only
to projects determined to be eligible by the Chief of Engineers.
Sec. 108. None of the funds made available by this Act or any prior Act may
be used to alter the eligibility requirements for assistance under section 5 of
the Act of August 18, 1941 (33 U.S.C. 701n) in effect on November 14, 2022,
without express authorization by Congress.
Sec. 109. Notwithstanding any other requirement, the remaining unobligated
balances from amounts made available under the heading ``Corps of Engineers--
Civil--Construction'' in division J of the Infrastructure Investment and Jobs
Act (Public Law 117-58) for which spend plan allocations have not been announced
as of the date of enactment of this Act (other than such balances otherwise
repurposed by the third proviso under such heading in this title) may be made
available for projects, in addition to amounts otherwise made available for such
purposes and regardless of project purpose, that have previously received funds
under the heading ``Construction'' in title IV of division B of the Bipartisan
Budget Act of 2018 (Public Law 115-123) subject to the terms and conditions of
such title IV of division B as applicable and as specifically modified by
section 111 of this Act, or in chapter 4 of title X of the Disaster Relief
Appropriations Act, 2013 (division A of Public Law 113-2) subject to the terms
and conditions of such chapter 4 of title X as applicable and as specifically
modified by section 111 of this Act, and for which non-Federal interests have
entered into binding agreements with the Secretary as of the date of enactment
of this Act: Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the budget are designated as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
Sec. 110. The remaining unobligated balances from amounts provided under
the heading ``Construction'' in title IV of the Disaster Relief Supplemental
Appropriations Act, 2022 (division B of Public Law 117-43) for which spend plan
allocations were announced prior to the date of enactment of this Act shall be
reallocated to the same project, including modifications thereto, and in
addition to amounts otherwise made available for such purpose, that has
previously received funds under such heading in title IV of division B of the
Bipartisan Budget Act of 2018 (Public Law 115-123), subject to the terms and
conditions of such title IV of division B of Public Law 115-123 as applicable
and as specifically modified by section 111 of this Act: Provided, That amounts
repurposed pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
budget are designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 111. Studies or projects receiving funds under the following headings
in the following Acts as of the date of enactment of this Act are not required
to be completed with such funds and may receive funds from this Act or future
Acts, and any additional funds for such studies and projects shall be subject to
the same terms and conditions applicable to the following headings in the
following Acts--
(1) ``Investigations'' or ``Construction'' in title IV of division B
of the Bipartisan Budget Act of 2018 (Public Law 115-123);
(2) ``Corps of Engineers--Civil--Construction'' in chapter 4 of
title X of the Disaster Relief Appropriations Act, 2013 (division A of
Public Law 113-2); and
(3) ``Corps of Engineers--Civil--Investigations'' in title III of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58).
Sec. 112. Of the unobligated balances from prior year appropriations made
available to ``Corps of Engineers--Civil'', the following funds shall be
transferred from the following accounts and programs in the specified amounts to
``Corps of Engineers--Civil--Investigations'' and, in addition to amounts
otherwise made available for such purposes, shall be used for studies that have
previously received funds provided under the heading ``Investigations'' in title
IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123) or
under such heading in title III of division J of the Infrastructure Investment
and Jobs Act (Public Law 117-58) and for which non-Federal interests have
entered into feasibility cost sharing agreements with the Secretary as of the
date of enactment of this Act--
(1) $371,293.38 from the unobligated balances under the heading
``Construction'' in chapter 3 of title I of division B of Public Law
109-148;
(2) $562,613.89 from the unobligated balances under the heading
``Operation and Maintenance'' in chapter 3 of title I of division B of
Public Law 109-148 that were provided for the Mississippi River-Gulf
Outlet channel;
(3) $38,873.32 from the unobligated balances under the heading
``Construction'' in chapter 3 of title II of Public Law 109-234 that
were provided for the Lake Pontchartrain and Vicinity project, the North
Padre Island, Texas project, the Sacramento, California, Area project,
and the Hawaii Water Systems Technical Assistance Program;
(4) $95.55 from the combined unobligated balances under the
``Construction'' headings in chapter 3 of title IV and chapter 3 of
title V of Public Law 110-28;
(5) $83,734.13 from the unobligated balances under the heading
``Construction'' in chapter 3 of title III of Public Law 110-252,
including amounts that were provided for the Lake Pontchartrain and
Vicinity project, the West Bank and Vicinity project, and the Southeast
Louisiana Urban Drainage project;
(6) $2,122.56 from the unobligated balances under the heading
``Operation and Maintenance'' in chapter 3 of title III of Public Law
110-252;
(7) $10.72 from the unobligated balances under the heading
``Mississippi River and Tributaries'' in chapter 3 of title III of
Public Law 110-252;
(8) $274,678.03 from the unobligated balances under the heading
``Construction'' in chapter 3 of title I of division B of Public Law
110-329 that were provided for the Lake Pontchartrain and Vicinity
project, the West Bank and Vicinity project, and the Southeast Louisiana
Urban Drainage project;
(9) $267,434.81 from the unobligated balances under the heading
``Operation and Maintenance'' in chapter 3 of title I of division B of
Public Law 110-329;
(10) $0.02 from the unobligated balances under the heading
``Operation and Maintenance'' in title IV of Public Law 111-32;
(11) $246,869.24 from the unobligated balances under the heading
``Operation and Maintenance'' in chapter 4 of title I of Public Law 111-
212; and
(12) $2,643,142.04 from the unobligated balances under the heading
``Operation and Maintenance'' in title I of Public Law 112-77:
Provided, That studies receiving funding pursuant to this section shall be
subject to the terms and conditions of the heading ``Investigations'' in title
IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123) or
such heading in title III of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58), as applicable and as specifically modified by
section 111 of this Act: Provided further, That amounts repurposed or
transferred pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
budget or as being for disaster relief pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as being an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of which
$4,650,000 shall be deposited into the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this heading,
$1,750,000 shall be available until September 30, 2025, for expenses necessary
in carrying out related responsibilities of the Secretary of the Interior:
Provided further, That for fiscal year 2024, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an amount not
to exceed $1,990,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related natural
resources and for related activities, including the operation, maintenance, and
rehabilitation of reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and related grants to, and
cooperative and other agreements with, State and local governments, federally
recognized Indian Tribes, and others, $1,751,698,000, to remain available until
expended, of which $1,051,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $7,584,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided, That
$500,000 shall be available for transfer into the Aging Infrastructure Account
established by section 9603(d)(1) of the Omnibus Public Land Management Act of
2009, as amended (43 U.S.C. 510b(d)(1)): Provided further, That such transfers,
except for the transfer authorized by the preceding proviso, may be increased or
decreased within the overall appropriation under this heading: Provided
further, That of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund, the Water Storage Enhancement Receipts
account established by section 4011(e) of Public Law 114-322, or the Bureau of
Reclamation special fee account established by 16 U.S.C. 6806 shall be derived
from that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which the funds
were contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided further, That of
the amounts made available under this heading, $5,500,000 shall be deposited in
the San Gabriel Basin Restoration Fund established by section 110 of title I of
division B of appendix D of Public Law 106-554: Provided further, That of the
amounts provided herein, funds may be used for high-priority projects which
shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided further, That within available funds, $250,000 shall be for
grants and financial assistance for educational activities: Provided further,
That in accordance with section 4007 of Public Law 114-322 and as recommended by
the Secretary in a letter dated July 25, 2023, funding provided for such purpose
in fiscal year 2023 and prior fiscal years shall be made available to the Sites
Reservoir Project.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, such sums as may be collected in fiscal year 2024 in the
Central Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain available until
expended: Provided, That the Bureau of Reclamation is directed to assess and
collect the full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided further, That
none of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply, Reliability, and
Environmental Improvement Act, consistent with plans to be approved by the
Secretary of the Interior, $33,000,000, to remain available until expended, of
which such amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program management: Provided
further, That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in achieving
the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related functions in
the Office of the Commissioner, the Denver office, and offices in the six
regions of the Bureau of Reclamation, to remain available until September 30,
2025, $66,794,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377, of which not to exceed $5,000 may
be used for official reception and representation expenses: Provided, That no
part of any other appropriation in this Act shall be available for activities or
functions budgeted as policy and administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for purchase
and replacement of not to exceed 30 motor vehicles, which are for replacement
only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for Water
and Related Resources, or provided by previous or subsequent appropriations Acts
to the agencies or entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure in fiscal year
2024, shall be available for obligation or expenditure through a reprogramming
of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by this Act, unless prior approval
is received from the Committees on Appropriations of both Houses of
Congress;
(4) restarts or resumes any program, project or activity for which
funds are not provided in this Act, unless prior approval is received
from the Committees on Appropriations of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless prior
approval is received from the Committees on Appropriations of both
Houses of Congress:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the fiscal
year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the Resources
Management and Development category to any program, project, or activity
in the other category, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations of the
Bureau of Reclamation, more than $5,000,000 to provide adequate funds
for settled contractor claims, increased contractor earnings due to
accelerated rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on Appropriations
of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds within the
Facilities Operation, Maintenance, and Rehabilitation category.
(c) For purposes of this section, the term ``transfer'' means any movement
of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--Water and
Related Resources'' shall be expended for the programs, projects, and activities
specified in the ``Final Bill'' columns in the ``Water and Related Resources''
table included under the heading ``Title II--Department of the Interior'' in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly basis to
the Committees on Appropriations of both Houses of Congress detailing all the
funds reprogrammed between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not later than 60 days
after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made available by
this Act may be used to determine the final point of discharge for the
interceptor drain for the San Luis Unit until development by the Secretary of
the Interior and the State of California of a plan, which shall conform to the
water quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the costs of
the San Joaquin Valley Drainage Program shall be classified by the Secretary of
the Interior as reimbursable or nonreimbursable and collected until fully repaid
pursuant to the ``Cleanup Program--Alternative Repayment Plan'' and the
``SJVDP--Alternative Repayment Plan'' described in the report entitled
``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department of the Interior,
Bureau of Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such
service or studies pursuant to Federal reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364(e)) is amended by striking ``$820,000,000'' and inserting
``$920,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 204 of division D of
Public Law 117-103, shall be applied by substituting ``2024'' for ``2022'' each
place it appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) is amended by striking ``$25,000,000'' and inserting
``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public Land
Management Act of 2009) shall be applied by substituting ``2024'' for ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting ``2024''
for ``2022''.
(b) Section 301 of the Reclamation States Emergency Drought Relief Act of
1991 (43 U.S.C. 2241) shall be applied by substituting ``2024'' for ``2022'' and
by substituting ``$130,000,000'' for ``$120,000,000''.
Sec. 207. Section 9503(f) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(f)) shall be applied by substituting ``2024'' for ``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase, construction, and
acquisition of plant and capital equipment, and other expenses necessary for
energy efficiency and renewable energy activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, $3,460,000,000, to
remain available until expended: Provided, That of such amount, $223,000,000
shall be available until September 30, 2025, for program direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase, construction, and
acquisition of plant and capital equipment, and other expenses necessary for
energy sector cybersecurity, energy security, and emergency response activities
in carrying out the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construction, or
expansion, $200,000,000, to remain available until expended: Provided, That of
such amount, $28,000,000 shall be available until September 30, 2025, for
program direction.
Electricity
For Department of Energy expenses including the purchase, construction, and
acquisition of plant and capital equipment, and other expenses necessary for
electricity activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $280,000,000, to remain available until
expended: Provided, That of such amount, $19,000,000 shall be available until
September 30, 2025, for program direction: Provided further, That funds under
this heading allocated for the purposes of section 9 of the Small Business Act,
as amended (15 U.S.C. 638), including for Small Business Innovation Research and
Small Business Technology Transfer activities, or for the purposes of section
1001 of the Energy Policy Act of 2005, as amended (42 U.S.C. 16391(a)), for
Technology Commercialization Fund activities, may be reprogrammed without being
subject to the restrictions in section 301 of this Act.
Grid Deployment
For Department of Energy expenses including the purchase, construction, and
acquisition of plant and capital equipment, and other expenses necessary for
grid deployment in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7191 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $60,000,000, to remain available until
expended: Provided, That of such amount, $6,000,000 shall be available until
September 30, 2025, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase, construction, and
acquisition of plant and capital equipment, and other expenses necessary for
nuclear energy activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,685,000,000, to remain available
until expended: Provided, That of such amount, $90,000,000 shall be available
until September 30, 2025, for program direction: Provided further, That for the
purpose of section 954(a)(6) of the Energy Policy Act of 2005, as amended, the
only amount available shall be from the amount specified as including that
purpose in the ``Final Bill'' column in the ``Department of Energy'' table
included under the heading ``Title III--Department of Energy'' in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out fossil energy
and carbon management research and development activities, under the authority
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition of interest, including defeasible and equitable interests in any
real property or any facility or for plant or facility acquisition or expansion,
and for conducting inquiries, technological investigations and research
concerning the extraction, processing, use, and disposal of mineral substances
without objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $865,000,000, to remain available until expended: Provided, That of such
amount $70,000,000 shall be available until September 30, 2025, for program
direction.
Energy Projects
For Department of Energy expenses necessary in carrying out community
project funding activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $83,724,000, to remain available
until expended, for projects specified in the table that appears under the
heading ``Congressionally Directed Spending for Energy Projects'' in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval petroleum and
oil shale reserve activities, $13,010,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval petroleum and oil
shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum Reserve
facility development and operations and program management activities pursuant
to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.),
$213,390,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum products,
and for other necessary expenses pursuant to the Energy Policy and Conservation
Act of 1975, as amended (42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), section 32204 of the
Fixing America's Surface Transportation Act (42 U.S.C. 6241 note), and section
30204 of the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to
remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home Heating Oil
Reserve storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq.), $7,150,000, to remain
available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the activities
of the Energy Information Administration, $135,000,000, to remain available
until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase, construction, and
acquisition of plant and capital equipment and other expenses necessary for non-
defense environmental cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $342,000,000, to remain
available until expended: Provided, That in addition, fees collected pursuant
to subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2024 pursuant to section 309 of
title III of division C of Public Law 116-94 are appropriated, to remain
available until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial actions, and
other activities of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $855,000,000, to be derived from
the Uranium Enrichment Decontamination and Decommissioning Fund, to remain
available until expended, of which $0 shall be available in accordance with
title X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase, construction, and
acquisition of plant and capital equipment, and other expenses necessary for
science activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and purchase of not more than 35
passenger motor vehicles, $8,240,000,000, to remain available until expended:
Provided, That of such amount, $226,831,000 shall be available until September
30, 2025, for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste disposal
activities to carry out the purposes of the Nuclear Waste Policy Act of 1982,
Public Law 97-425, as amended, $12,040,000, to remain available until expended,
which shall be derived from the Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the activities
of technology transitions, $20,000,000, to remain available until expended:
Provided, That of such amount, $11,500,000 shall be available until September
30, 2025, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase, construction, and
acquisition of plant and capital equipment and other expenses necessary for
clean energy demonstrations in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $50,000,000, to remain available until
expended: Provided, That of such amount, $27,500,000 shall be available until
September 30, 2025, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the activities
authorized by section 5012 of the America COMPETES Act (Public Law 110-69),
$460,000,000, to remain available until expended: Provided, That of such
amount, $40,000,000 shall be available until September 30, 2025, for program
direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers pursuant to
section 1702(b) of the Energy Policy Act of 2005 under this heading in prior
Acts, shall be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided, That for necessary administrative expenses of the
Title 17 Innovative Technology Loan Guarantee Program, as authorized,
$70,000,000 is appropriated, to remain available until September 30, 2025:
Provided further, That up to $70,000,000 of fees collected in fiscal year 2024
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited
as offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain available until
September 30, 2025: Provided further, That to the extent that fees collected in
fiscal year 2024 exceed $70,000,000, those excess amounts shall be credited as
offsetting collections under this heading and available in future fiscal years
only to the extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund shall be reduced
(1) as such fees are received during fiscal year 2024 (estimated at $70,000,000)
and (2) to the extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2024 appropriation from the
general fund estimated at $0: Provided further, That the Department of Energy
shall not subordinate any loan obligation to other financing in violation of
section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of section 609.8
of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in carrying out
the Advanced Technology Vehicles Manufacturing Loan Program, $13,000,000, to
remain available until September 30, 2025.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in carrying out
the Tribal Energy Loan Guarantee Program, $6,300,000, to remain available until
September 30, 2025.
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$70,000,000, to remain available until expended: Provided, That of the amount
appropriated under this heading, $14,000,000 shall be available until September
30, 2025, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), $387,078,000, to remain
available until September 30, 2025, including the hire of passenger motor
vehicles and official reception and representation expenses not to exceed
$30,000, plus such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the provisions of
the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater amount:
Provided further, That moneys received by the Department for miscellaneous
revenues estimated to total $100,578,000 in fiscal year 2024 may be retained and
used for operating expenses within this account, as authorized by section 201 of
Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year 2024
appropriation from the general fund estimated at not more than $286,500,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in carrying
out the provisions of the Inspector General Act of 1978, $86,000,000, to remain
available until September 30, 2025.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase, construction, and
acquisition of plant and capital equipment and other incidental expenses
necessary for atomic energy defense weapons activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$19,108,000,000, to remain available until expended: Provided, That of such
amount, $118,056,000 shall be available until September 30, 2025, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase, construction, and
acquisition of plant and capital equipment and other incidental expenses
necessary for defense nuclear nonproliferation activities, in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$2,581,000,000, to remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors activities to
carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment, facilities, and
facility expansion, $1,946,000,000, to remain available until expended, of
which, $92,800,000 shall be transferred to ``Department of Energy--Energy
Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided, That of
such amount made available under this heading, $61,540,000 shall be available
until September 30, 2025, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the National
Nuclear Security Administration, $500,000,000, to remain available until
September 30, 2025, including official reception and representation expenses not
to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase, construction, and
acquisition of plant and capital equipment and other expenses necessary for
atomic energy defense environmental cleanup activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$7,285,000,000, to remain available until expended: Provided, That of such
amount, $326,893,000 shall be available until September 30, 2025, for program
direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental cleanup
activities for Department of Energy contributions for uranium enrichment
decontamination and decommissioning activities, $285,000,000, to be deposited
into the Defense Environmental Cleanup account, which shall be transferred to
the ``Uranium Enrichment Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase, construction, and
acquisition of plant and capital equipment and other expenses, necessary for
atomic energy defense, other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construction, or
expansion, $1,080,000,000, to remain available until expended: Provided, That
of such amount, $381,593,000 shall be available until September 30, 2025, for
program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund, established
pursuant to Public Law 93-454, are approved for official reception and
representation expenses in an amount not to exceed $5,000: Provided, That
during fiscal year 2024, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power transmission
facilities and for marketing electric power and energy, including transmission
wheeling and ancillary services, pursuant to section 5 of the Flood Control Act
of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $8,449,000,
including official reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944,
up to $8,449,000 collected by the Southeastern Power Administration from the
sale of power and related services shall be credited to this account as
discretionary offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the Southeastern Power
Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2024 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$71,850,000 collected by the Southeastern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same year that
they are incurred (excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power transmission
facilities and for marketing electric power and energy, for construction and
acquisition of transmission lines, substations and appurtenant facilities, and
for administrative expenses, including official reception and representation
expenses in an amount not to exceed $1,500 in carrying out section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $52,326,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), up to $40,886,000 collected by the Southwestern Power
Administration from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until
expended, for the sole purpose of funding the annual expenses of the
Southwestern Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are received
during the fiscal year so as to result in a final fiscal year 2024 appropriation
estimated at not more than $11,440,000: Provided further, That notwithstanding
31 U.S.C. 3302, up to $80,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover purchase
power and wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase power and
wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area Power
Administration
For carrying out the functions authorized by title III, section 302(a)(1)(E)
of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities
including conservation and renewable resources programs as authorized,
$313,289,000, including official reception and representation expenses in an
amount not to exceed $1,500, to remain available until expended, of which
$313,289,000 shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $213,417,000 collected by the
Western Area Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the annual
expenses of the Western Area Power Administration: Provided further, That the
sum herein appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year 2024
appropriation estimated at not more than $99,872,000, of which $99,872,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the Reclamation
Project Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same year that
they are incurred (excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the hydroelectric
facilities at the Falcon and Amistad Dams, $3,425,000, to remain available until
expended, and to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, That
notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up to
$3,197,000 collected by the Western Area Power Administration from the sale of
power and related services from the Falcon and Amistad Dams shall be credited to
this account as discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein appropriated
for annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation estimated
at not more than $228,000: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally recovered
in the same year that they are incurred: Provided further, That for fiscal year
2024, the Administrator of the Western Area Power Administration may accept up
to $1,872,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and
Maintenance Fund, and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been specifically appropriated
for such purpose: Provided further, That any such funds shall be available
without further appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International Boundary and
Water Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission to carry
out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the hire of passenger
motor vehicles, $520,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed $520,000,000 of
revenues from fees and annual charges, and other services and collections in
fiscal year 2024 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced as revenues are
received during fiscal year 2024 so as to result in a final fiscal year 2024
appropriation from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available by this
title for the Department of Energy shall be used to initiate or resume any
program, project, or activity or to prepare or initiate Requests For Proposals
or similar arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days in
advance, none of the funds made available in this title may be used to--
(A) make a grant allocation or discretionary grant award totaling
$1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract covered by
the Federal Acquisition Regulation;
(C) provide nonoperational funding through a competition restricted
only to Department of Energy National Laboratories totaling $1,000,000
or more;
(D) provide nonoperational funding directly to a Department of
Energy National Laboratory totaling $25,000,000 or more;
(E) issue a letter of intent to make an allocation, award, or
Agreement in excess of the limits in subparagraph (A), (B), (C), or (D);
or
(F) announce publicly the intention to make an allocation, award, or
Agreement in excess of the limits in subparagraph (A), (B), (C), or (D).
(2) The Secretary of Energy shall submit to the Committees on Appropriations
of both Houses of Congress within 15 days of the conclusion of each quarter a
report detailing each grant allocation or discretionary grant award totaling
less than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report required by
paragraph (2) shall include the recipient of the award, the amount of the award,
the fiscal year for which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are being drawn, the
title of the award, and a brief description of the activity for which the award
is made.
(c) The Department of Energy may not, with respect to any program, project,
or activity that uses budget authority made available in this title under the
heading ``Department of Energy--Energy Programs'', enter into a multiyear
contract, award a multiyear grant, or enter into a multiyear cooperative
agreement unless--
(1) the contract, grant, or cooperative agreement is funded for the
full period of performance as anticipated at the time of award; or
(2) the contract, grant, or cooperative agreement includes a clause
conditioning the Federal Government's obligation on the availability of
future year budget authority and the Secretary notifies the Committees
on Appropriations of both Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the amounts made
available by this title shall be expended as authorized by law for the programs,
projects, and activities specified in the ``Final Bill'' column in the
``Department of Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(e) The amounts made available by this title may be reprogrammed for any
program, project, or activity, and the Department shall notify, and obtain the
prior approval of, the Committees on Appropriations of both Houses of Congress
at least 30 days prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or decrease by more
than $5,000,000 or 10 percent, whichever is less, during the time period covered
by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or restriction in
this section that applies to the use of funds made available for the Department
of Energy if compliance with such requirement or restriction would pose a
substantial risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on Appropriations of
both Houses of Congress of any waiver under paragraph (1) as soon as
practicable, but not later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph (1) that
permitted such waiver.
(h) The unexpended balances of prior appropriations provided for activities
in this Act may be available to the same appropriation accounts for such
activities established pursuant to this title. Available balances may be merged
with funds in the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as originally enacted.
Sec. 302. None of the funds made available in this title shall be used for
the construction of facilities classified as high-hazard nuclear facilities
under 10 CFR Part 830 unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance with nuclear
safety requirements.
Sec. 303. None of the funds made available in this title may be used to
approve critical decision-2 or critical decision-3 under Department of Energy
Order 413.3B, or any successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a separate independent
cost estimate has been developed for the project for that critical decision.
Sec. 304. None of the funds made available in this title may be used to
support a grant allocation award, discretionary grant award, or cooperative
agreement that exceeds $100,000,000 in Federal funding unless the project is
carried out through internal independent project management procedures.
Sec. 305. No funds shall be transferred directly from ``Department of
Energy--Power Marketing Administration--Colorado River Basins Power Marketing
Fund, Western Area Power Administration'' to the general fund of the Treasury in
the current fiscal year.
Sec. 306. Only $35,000,000 of the amounts made available in this Act under
the heading ``Weapons Activities'' for W80-4 Alteration-SLCM, as specified in
the ``Final Bill'' column in the ``Department of Energy'' table included under
the heading ``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), shall be available for obligation until 15 days after the date on which
the Administrator of the National Nuclear Security Administration certifies in
writing to the Committees on Appropriations of both Houses of Congress that the
Administrator is in compliance with the requirements of subsection (c) and
subsection (d) of section 1642 of the National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263).
Sec. 307. (a) Of the unobligated balances of amounts made available to the
Department of Energy under each heading in title III of division J of Public Law
117-58, an amount equal to the amount transferred from each such heading as of
September 30, 2023, pursuant to section 303 of Public Law 117-58 shall be
transferred not later than 15 days after the date of enactment of this Act to
the Office of the Inspector General of the Department of Energy to oversee the
funds made available to the Department of Energy in Public Law 117-58:
Provided, That any amounts so transferred that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
Budget are designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
(b) As of the date of enactment of this Act, of the amounts made available
to the Department of Energy under each of sections 50121, 50141, 50142, 50143,
50144, 50145, 50151, 50152, 50153, and 50161 of Public Law 117-169, two-tenths
of one percent of such amounts shall be transferred to the Office of the
Inspector General of the Department of Energy to oversee the funds made
available to the Department of Energy in Public Law 117-169: Provided, That
amounts so transferred shall be derived from the unobligated balances of amounts
under each such section.
(c) Section 303 of Public Law 117-58 is amended by striking ``through 2026''
and inserting ``and 2023, and two-tenths of such amounts made available in each
of fiscal years 2024 through 2026'': Provided, That amounts repurposed pursuant
to the amendments made by this subsection that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
Budget are designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
Sec. 308. (a) Notwithstanding sections 161 and 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6241, 6247), the Secretary of Energy shall draw down
and sell one million barrels of refined petroleum product from the Strategic
Petroleum Reserve during fiscal year 2024.
(b) All proceeds from such sale shall be deposited into the general fund of
the Treasury during fiscal year 2024.
(c) Upon the completion of such sale, the Secretary shall carry out the
closure of the Northeast Gasoline Supply Reserve.
(d)(1) The Secretary of Energy may not establish any new regional petroleum
product reserve unless funding for the proposed regional petroleum product
reserve is explicitly requested in advance in an annual budget submitted by the
President pursuant to section 1105 of title 31, United States Code, and approved
by the Congress in an appropriations Act.
(2) The budget request or notification shall include--
(A) the justification for the new reserve;
(B) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(C) a detailed plan for operation of the reserve, including the
conditions upon which the products may be released;
(D) the location of the reserve; and
(E) the estimate of the total inventory of the reserve.
Sec. 309. None of the funds made available by this Act may be used to draw
down and sell petroleum products from the Strategic Petroleum Reserve (1) to any
entity that is under the ownership, control, or influence of the Chinese
Communist Party; or (2) except on condition that such petroleum products will
not be exported to the People's Republic of China.
Sec. 310. (a) None of the funds made available by this Act may be used by
the Secretary of Energy to award any grant, contract, cooperative agreement, or
loan of $10,000,000 or greater to an entity of concern as defined in section
10114 of division B of Public Law 117-167.
(b) The Secretary shall implement the requirements under subsection (a)
using a risk-based approach and analytical tools to aggregate, link, analyze,
and maintain information reported by an entity seeking or receiving such funds
made available by this Act.
(c) This section shall be applied in a manner consistent with the
obligations of the United States under applicable international agreements.
(d) The Secretary shall have the authority to require the submission to the
agency, by an entity seeking or receiving such funds made available by this Act,
documentation necessary to implement the requirements under subsection (a).
(e) Chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act''), shall not apply to the implementation of the
requirements under this section.
(f) The Secretary and other Federal agencies shall coordinate to share
relevant information necessary to implement the requirements under subsection
(a).
Sec. 311. (a) Of the unobligated amounts available under the heading
``Department of Energy--Energy Programs--Nuclear Energy'' in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) for fiscal years
2023, 2024, 2025, and 2026 the following shall be available, in addition to
amounts otherwise made available for these purposes:
(1)(A) $500,000,000 for not more than two competitive awards for
commercial utility deployment projects for a grid scale Generation 3+
small modular reactor design pursuant to section 959A of the Energy
Policy Act of 2005, of which $200,000,000 shall be available in fiscal
year 2024 and $300,000,000 shall be available in fiscal year 2025; and
(B) up to $300,000,000 for the not more than two awards made under
subparagraph (A) shall be available in fiscal year 2026.
(2) $100,000,000 for one or more competitive awards to support
design, licensing, supplier development, and site preparation of a grid-
scale Generation 3+ reactor design under the Advanced Small Modular
Reactor RD&D program.
(3)(A) $50,000,000 for university and college-based nuclear reactor
safety training as authorized by law, including section 31 of the Atomic
Energy Act of 1954, section 4 of the Nuclear Safety, Research,
Demonstration, and Development Act of 1980, and section 10745 of the
Research and Development, Competition, and Innovation Act (division B of
Public Law 117-167); and
(B) up to $50,000,000 for the training under subparagraph (A) shall
be available in fiscal year 2025.
(b) Provided further, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the Budget are designated as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
Sec. 312. (a) Of the unobligated balances from amounts previously
appropriated under the heading ``Department of Energy--Energy Programs--Nuclear
Energy'' in division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) that were made available for fiscal years 2022, 2023, and 2024, up to
$2,720,000,000 shall be available, in addition to amounts otherwise available,
for necessary expenses to carry out the Nuclear Fuel Security Act of 2023
(section 3131 of the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31)): Provided, That if insufficient unobligated balances are
available from such fiscal year 2022, 2023, and 2024 amounts to fund a total
amount for such purpose of up to $2,720,000,000, then up to $800,000,000 from
amounts previously appropriated under the heading ``Department of Energy--Energy
Programs--Nuclear Energy'' in division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58) that are made available for fiscal year 2025 may be
made available, in addition to amounts otherwise available, for such purpose to
meet such total amount: Provided further, That amounts repurposed pursuant to
this section may be transferred to ``Department of Energy--Energy Programs--
American Energy Independence Fund'' in either fiscal year 2024 or fiscal year
2025: Provided further, That the Secretary of Energy may use the amounts
repurposed, transferred, or otherwise made available pursuant to this section to
enter into and perform such contracts, leases, cooperative agreements, or other
similar transactions with public agencies and private organizations and persons,
as authorized by section 646(a) of the Department of Energy Organization Act (42
U.S.C. 7256(a)), for such periods of time and subject to such terms and
conditions as the Secretary deems appropriate, without regard to section 161(u)
of the Atomic Energy Act of 1954 (42 U.S.C. 2201(u)): Provided further, That
notwithstanding 31 U.S.C. 3302, receipts from the sale or transfer of LEU and
HALEU or from any other transaction in connection with the amounts repurposed,
transferred, or otherwise made available pursuant to this section shall
hereafter be credited to the ``American Energy Independence Fund'' as
discretionary offsetting collections and shall be available, for the same
purposes as funds repurposed or transferred pursuant to this section, to the
extent and in the amounts provided in advance in appropriations Acts: Provided
further, That receipts may hereafter be collected from transactions entered into
pursuant to section 2001(a)(2)(F)(iii) of the Energy Act of 2020 (42 U.S.C.
16281(a)(2)(F)(iii)) and, notwithstanding 31 U.S.C. 3302, receipts from any
transaction entered into pursuant to section 2001(a)(2)(F)(ii) and (iii) of such
Act (42 U.S.C. 16281(a)(2)(F)(ii) and (iii)) shall hereafter be credited to the
``American Energy Independence Fund'' as discretionary offsetting collections
and shall be available, for the same purposes as funds repurposed or transferred
pursuant to this section, to the extent and in the amounts provided in advance
in appropriations Acts: Provided further, That the Secretary of Energy may use
funds repurposed, transferred, or otherwise made available pursuant to this
section for a commitment only if the full extent of the anticipated costs
stemming from that commitment is recorded as an obligation at the time that the
commitment is made and only to the extent that up-front obligation is recorded
in full at that time: Provided further, That amounts repurposed or transferred
pursuant to this section that were previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the Budget are
designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con.
Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and to legislation establishing fiscal year 2024 budget enforcement
in the House of Representatives.
(b) Amounts may not be repurposed or transferred pursuant to this section
until a law is enacted or administrative action is taken to prohibit or limit
importation of LEU and HALEU from the Russian Federation or by a Russian entity
into the United States.
(c) The Nuclear Fuel Security Act of 2023 (section 3131 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31)) is amended--
(1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as
follows--
``(i) may not make commitments under this subsection
(including cooperative agreements (used in accordance
with section 6305 of title 31, United States Code),
purchase agreements, guarantees, leases, service
contracts, or any other type of commitment) for the
purchase or other acquisition of HALEU or LEU unless
funds are specifically provided for those purposes in
advance in appropriations Acts enacted after the date of
enactment of this Act; and''.
(2) in subjection (j) to read as follows--
``(j) Reasonable Compensation.--In carrying out activities under this
section, the Secretary shall ensure that any LEU and HALEU made available by the
Secretary under 1 or more of the Programs is subject to reasonable compensation,
taking into account the fair market value of the LEU or HALEU and the purposes
of this section.''.
Sec. 313. (a) Subject to subsection (b), none of the funds made available to
the Department of Energy in this or any other Act, including prior Acts and Acts
other than appropriations Acts, may be used to pay the salaries and expenses of
any contractor detailed to a Congressional Committee or Member Office or to the
Executive Branch for longer than a 24-month period, to perform a scope of work,
or participate in any matter, with the intent to influence decisions or
determinations regarding a Department of Energy National Laboratory, or
participate in any matter that may have a direct and predictable effect on the
contractor's employer or personal financial interest: Provided, That with
respect to contractors detailed to a Congressional Committee or Member Office or
to the Executive Branch as of the date of enactment of this Act, the initial 24-
month period described in this subsection shall be deemed to have begun on the
later of the date on which such contractor was detailed or the date that is 12
months before the date of enactment of this Act.
(b) For the purposes of this section, the term ``contractor'' is defined to
mean any contracted employee of a Department of Energy National Laboratory, as
defined by section 2 (3) of the Energy Policy Act of 2005 (42 U.S.C. 15801).
Sec. 314. (a) The fifty-first proviso under the heading ``Energy Efficiency
and Renewable Energy'' in title III of division J of Public Law 117-58 is
amended by striking ``three percent'' each place it appears and inserting ``five
percent''.
(b) The eighth proviso under the heading ``Cybersecurity, Energy Security,
and Emergency Response'' in title III of division J of Public Law 117-58 is
amended by striking ``three percent'' each place it appears and inserting ``five
percent''.
(c) The tenth proviso under the heading ``Electricity'' in title III of
division J of Public Law 117-58 is amended by striking ``three percent'' each
place it appears and inserting ``five percent''.
(d) The twenty-second proviso under the heading ``Fossil Energy and Carbon
Management'' in title III of division J of Public Law 117-58 is amended by
striking ``three percent'' each place it appears and inserting ``five percent''.
(e) The twenty-sixth proviso under the heading ``Office of Clean Energy
Demonstrations'' in title III of division J of Public Law 117-58 is amended by
striking ``three percent'' each place it appears and inserting ``five percent''.
(f) Amounts repurposed pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant to a concurrent
resolution on the Budget are designated as an emergency requirement pursuant to
section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and to legislation establishing
fiscal year 2024 budget enforcement in the House of Representatives.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, and for expenses
necessary for the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5 U.S.C. 3109,
and hire of passenger motor vehicles, $200,000,000, to remain available until
expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety Board in
carrying out activities authorized by the Atomic Energy Act of 1954, as amended
by Public Law 100-456, section 1441, $42,000,000, to remain available until
September 30, 2025, of which not to exceed $1,000 shall be available for
official reception and representation expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to carry out its
activities, as authorized by the Delta Regional Authority Act of 2000,
notwithstanding sections 382F(d), 382M, and 382N of said Act, $31,100,000, to
remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as necessary and
other expenses, $17,000,000, to remain available until expended, notwithstanding
the limitations contained in section 306(g) of the Denali Commission Act of
1998: Provided, That notwithstanding the limitations contained in section
307(c) of the Denali Commission Act of 1998, as amended, funds shall be
available for construction projects for which the Denali Commission is the sole
or primary funding source in an amount not to exceed 90 percent of total project
cost for distressed communities, as defined by such section and by section 701
of appendix D, title VII, Public Law 106-113 (113 Stat. 1501A-280), and for
Indian Tribes, as defined by section 5304(e) of title 25, United States Code,
and in an amount not to exceed 50 percent for non-distressed communities:
Provided further, That notwithstanding any other provision of law regarding
payment of a non-Federal share in connection with a grant-in-aid program,
amounts under this heading shall be available for the payment of such a non-
Federal share for any project for which the Denali Commission is not the sole or
primary funding source, provided that such project is consistent with the
purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission in
carrying out activities authorized by subtitle V of title 40, United States
Code, $41,000,000, to remain available until expended: Provided, That such
amounts shall be available for administrative expenses, notwithstanding section
15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional Commission in
carrying out activities authorized by subtitle V of title 40, United States
Code, $20,000,000, to remain available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission in
carrying out activities authorized by subtitle V of title 40, United States
Code, $5,000,000, to remain available until expended.
Great Lakes Authority
For expenses necessary for the Great Lakes Authority in carrying out
activities authorized by subtitle V of title 40, United States Code, $5,000,000,
to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the purposes of
the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954,
$928,317,580, including official representation expenses not to exceed $30,000,
to remain available until expended: Provided, That of the amount appropriated
herein, not more than $10,350,720 may be made available for salaries, travel,
and other support costs for the Office of the Commission, to remain available
until September 30, 2025: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$794,341,580 in fiscal year 2024 shall be retained and used for necessary
salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during fiscal
year 2024 so as to result in a final fiscal year 2024 appropriation estimated at
not more than $133,976,000.
office of inspector general
For expenses necessary for the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, $15,769,000, to remain
available until September 30, 2025: Provided, That revenues from licensing
fees, inspection services, and other services and collections estimated at
$12,655,000 in fiscal year 2024 shall be retained and be available until
September 30, 2025, for necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code: Provided further,
That the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2024 so as to result in a final fiscal year 2024
appropriation estimated at not more than $3,114,000: Provided further, That of
the amounts appropriated under this heading, $1,520,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review Board, as
authorized by Public Law 100-203, section 5051, $4,064,000, to be derived from
the Nuclear Waste Fund, to remain available until September 30, 2025.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5,
2011, version of Chapter VI of its Internal Commission Procedures when
responding to Congressional requests for information, consistent with Department
of Justice guidance for all Federal agencies.
Sec. 402. (a) The amounts made available by this title for the Nuclear
Regulatory Commission may be reprogrammed for any program, project, or activity,
and the Commission shall notify the Committees on Appropriations of both Houses
of Congress at least 30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease by more than
$500,000 or 10 percent, whichever is less, during the time period covered by
this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would pose a
substantial risk to human health, the environment, welfare, or national
security.
(2) The Nuclear Regulatory Commission shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph (1) as
soon as practicable, but not later than 3 days after the date of the activity to
which a requirement or restriction would otherwise have applied. Such notice
shall include an explanation of the substantial risk under paragraph (1) that
permitted such waiver and shall provide a detailed report to the Committees of
such waiver and changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts made
available by this title for ``Nuclear Regulatory Commission--Salaries and
Expenses'' shall be expended as directed in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission shall
be available for obligation or expenditure through a reprogramming of funds that
increases funds or personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the Committees on
Appropriations of both Houses of Congress, which includes the following for each
program, project, or activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used in any
way, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to
communicate to Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this Act may
be transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by or transfer authority
provided in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act), or any
authority whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency, or
instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to accounts
funded in title III of this Act, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act for any
fiscal year, transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another department,
agency, or instrumentality.
(c) The head of any relevant department or agency funded in this Act
utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing the
transfer authorities, except for any authority whereby a department, agency, or
instrumentality of the United States Government may provide goods or services to
another department, agency, or instrumentality, used in the previous 6 months
and in the year-to-date. This report shall include the amounts transferred and
the purposes for which they were transferred, and shall not replace or modify
existing notification requirements for each authority.
Sec. 503. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, Tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 504. None of the funds appropriated or otherwise made available by
this Act may be used to admit any non-US citizen from Russia or China to any
nuclear weapons production facility, as such term is defined in section 4002 of
the Atomic Energy Defense Act, other than areas accessible to the general
public, unless 30 days prior to facility admittance, the Department of Energy
provides notification to the Committees on Appropriations and Armed Services of
both Houses of Congress.
This division may be cited as the ``Energy and Water Development and Related
Agencies Appropriations Act, 2024''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement, development,
disposal, cadastral surveying, classification, acquisition of easements and
other interests in lands, and performance of other functions, including
maintenance of facilities, as authorized by law, in the management of lands and
their resources under the jurisdiction of the Bureau of Land Management,
including the general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public Law 96-487 (16
U.S.C. 3150(a)), $1,294,916,000, to remain available until September 30, 2025;
of which $55,000,000 for annual maintenance and deferred maintenance programs
and $141,972,000 for the wild horse and burro program, as authorized by Public
Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available until expended:
Provided, That amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses associated with the
processing of oil and gas applications for permits to drill and related use of
authorizations: Provided further, That of the amounts made available under this
heading, up to $1,000,000 may be made available for the purposes described in
section 122(e)(1)(A) of division G of Public Law 115-31 (43 U.S.C.
1748c(e)(1)(A)): Provided further, That of the amounts made available under
this heading, not to exceed $15,000 may be for official reception and
representation expenses: Provided further, That of the amounts made available
under this heading, $150,000 is for projects specified for Land Management
Priorities in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee program, to
remain available until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year 2024, so as to result
in a final appropriation estimated at not more than $1,294,916,000, and
$2,000,000, to remain available until expended, from communication site rental
fees established by the Bureau for the cost of administering communication site
activities.
oregon and california grant lands
For expenses necessary for management, protection, and development of
resources and for construction, operation, and maintenance of access roads,
reforestation, and other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Oregon and California land-
grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on or adjacent
to such grant lands; $115,521,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts during the current
fiscal year from the revested Oregon and California Railroad grant lands is
hereby made a charge against the Oregon and California land-grant fund and shall
be transferred to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28, 1937 (43 U.S.C.
2605).
range improvements
For rehabilitation, protection, and acquisition of lands and interests
therein, and improvement of Federal rangelands pursuant to section 401 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751), notwithstanding
any other Act, sums equal to 50 percent of all moneys received during the prior
fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b,
315m) and the amount designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands transferred to the Department
of the Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of public
lands and resources, for costs of providing copies of official public land
documents, for monitoring construction, operation, and termination of facilities
in conjunction with use authorizations, and for rehabilitation of damaged
property, such amounts as may be collected under Public Law 94-579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act (30 U.S.C. 185),
to remain available until expended: Provided, That notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to that
section, whether as a result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the authority of this Act
by the Secretary of the Interior to improve, protect, or rehabilitate any public
lands administered through the Bureau of Land Management which have been damaged
by the action of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each such action are
used on the exact lands damaged which led to the action: Provided further, That
any such moneys that are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing laws, there
is hereby appropriated such amounts as may be contributed under section 307 of
Public Law 94-579 (43 U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making conveyances of
omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain
available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded under this
Act by direct expenditure, contracts, grants, cooperative agreements, and
reimbursable agreements with public and private entities, including with States.
Appropriations for the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the United States has
title; up to $100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely on the
Secretary's certificate, not to exceed $10,000: Provided, That notwithstanding
Public Law 90-620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced publications for
which the cooperators share the cost of printing either in cash or in services,
and the Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife Service, as
authorized by law, and for scientific and economic studies, general
administration, and for the performance of other authorized functions related to
such resources, $1,520,273,000, to remain available until September 30, 2025, of
which not to exceed $15,000 may be for official reception and representation
expenses: Provided, That not to exceed $22,000,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions,
developing and issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii) of such section): Provided further, That of the amount
appropriated under this heading, $44,920,000, to remain available until
September 30, 2026, shall be for projects specified for Stewardship Priorities
in the table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That amounts
in the preceding proviso may be transferred to the appropriate program, project,
or activity under this heading and shall continue to only be available for the
purposes and in such amounts as such funds were originally appropriated.
construction
For construction, improvement, acquisition, or removal of buildings and
other facilities required in the conservation, management, investigation,
protection, and utilization of fish and wildlife resources, and the acquisition
of lands and interests therein; $19,280,000, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered Species Act
of 1973 (16 U.S.C. 1535), $23,000,000, to remain available until expended, to be
derived from the Cooperative Endangered Species Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C.
715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North American
Wetlands Conservation Act (16 U.S.C. 4401 et seq.), $49,000,000, to remain
available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to remain available until
expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant Conservation Act
(16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C.
4261 et seq.), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and
the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$20,500,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of Columbia,
Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana
Islands, American Samoa, and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished, $72,384,000, to remain
available until expended: Provided, That of the amount provided herein,
$6,100,000 is for a competitive grant program for Indian tribes not subject to
the remaining provisions of this appropriation: Provided further, That
$7,284,000 is for a competitive grant program to implement approved plans for
States, territories, and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife agencies, not subject to
the remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $13,384,000 and administrative expenses,
apportion the amount provided herein in the following manner: (1) to the
District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to
not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1 percent thereof:
Provided further, That the Secretary of the Interior shall apportion the
remaining amount in the following manner: (1) one-third of which is based on the
ratio to which the land area of such State bears to the total land area of all
such States; and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such States:
Provided further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is less
than 1 percent of the amount available for apportionment under this paragraph
for any fiscal year or more than 5 percent of such amount: Provided further,
That the Federal share of planning grants shall not exceed 75 percent of the
total costs of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount apportioned in 2024
to any State, territory, or other jurisdiction that remains unobligated as of
September 30, 2025, shall be reapportioned, together with funds appropriated in
2026, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the operations of
Service programs by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private entities.
Appropriations and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public roads within and
adjacent to reservation areas caused by operations of the Service; options for
the purchase of land at not to exceed one dollar for each option; facilities
incident to such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant to law in
connection with management, and investigation of fish and wildlife resources:
Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative
cost sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced publications for
which the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may accept
donated aircraft as replacements for existing aircraft: Provided further, That
notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States Fish and Wildlife
Service--Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such non-toxic
shot type or coating applications and revising regulations as necessary, and
shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and maintenance of
areas and facilities administered by the National Park Service and for the
general administration of the National Park Service, $2,888,424,000, of which
$11,661,000 for planning and interagency coordination in support of Everglades
restoration and $110,980,000 for maintenance, repair, or rehabilitation projects
for constructed assets and $188,184,000 for cyclic maintenance projects for
constructed assets and cultural resources and $10,000,000 for uses authorized by
section 101122 of title 54, United States Code shall remain available until
September 30, 2025, and not to exceed $15,000 may be for official reception and
representative expenses: Provided, That funds appropriated under this heading
in this Act are available for the purposes of section 5 of Public Law 95-348:
Provided further, That notwithstanding section 9 of the 400 Years of African-
American History Commission Act (36 U.S.C. note prec. 101; Public Law 115-102),
$3,300,000 of the funds provided under this heading shall be made available for
the purposes specified by that Act: Provided further, That sections 7(b) and 8
of that Act shall be amended by striking ``July 1, 2024'' and inserting ``July
1, 2025''.
In addition, for purposes described in section 2404 of Public Law 116-9, an
amount equal to the amount deposited in this fiscal year into the National Park
Medical Services Fund established pursuant to such section of such Act, to
remain available until expended, shall be derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural programs,
cultural programs, heritage partnership programs, environmental compliance and
review, international park affairs, and grant administration, not otherwise
provided for, $91,233,000, to remain available until September 30, 2025, of
which $1,640,000 shall be for projects specified for Statutory and Contractual
Aid in the table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
historic preservation fund
For expenses necessary in carrying out the National Historic Preservation
Act (division A of subtitle III of title 54, United States Code), $188,666,000,
to be derived from the Historic Preservation Fund and to remain available until
September 30, 2025, of which $25,500,000 shall be for Save America's Treasures
grants for preservation of nationally significant sites, structures and
artifacts as authorized by section 7303 of the Omnibus Public Land Management
Act of 2009 (54 U.S.C. 3089): Provided, That an individual Save America's
Treasures grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided further,
That all projects to be funded shall be approved by the Secretary of the
Interior in consultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic Preservation
Fund, $1,250,000 is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as National Historic
Landmarks associated with communities currently under-represented, as determined
by the Secretary; $24,000,000 is for competitive grants to preserve the sites
and stories of the African American Civil Rights movement; $5,000,000 is for
competitive grants to preserve sites related to the struggle of all people to
achieve equal rights in America; $11,000,000 is for grants to Historically Black
Colleges and Universities; $12,500,000 is for competitive grants for the
restoration of historic properties of national, State, and local significance
listed on or eligible for inclusion on the National Register of Historic Places,
to be made without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historic Preservation Act;
$7,000,000 is for a competitive grant program to honor the semiquincentennial
anniversary of the United States by restoring and preserving sites and
structures listed on the National Register of Historic Places that commemorate
the founding of the nation; and $19,766,000 is for projects specified for the
Historic Preservation Fund in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That such competitive grants shall be made without
imposing the matching requirements in section 302902(b)(3) of title 54, United
States Code to States and Indian tribes as defined in chapter 3003 of such
title, Native Hawaiian organizations, local governments, including Certified
Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and related equipment, and compliance and planning for programs and
areas administered by the National Park Service, $172,255,000, to remain
available until expended: Provided, That notwithstanding any other provision of
law, for any project initially funded in fiscal year 2024 with a future phase
indicated in the National Park Service 5-Year Line Item Construction Plan, a
single procurement may be issued which includes the full scope of the project:
Provided further, That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided further, That
National Park Service Donations, Park Concessions Franchise Fees, and Recreation
Fees may be made available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the Secretary of the
Interior shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges authorized by this
section.
centennial challenge
For expenses necessary to carry out the provisions of section 101701 of
title 54, United States Code, relating to challenge cost share agreements,
$12,000,000, to remain available until expended, for Centennial Challenge
projects and programs: Provided, That not less than 50 percent of the total
cost of each project or program shall be derived from non-Federal sources in the
form of donated cash, assets, or a pledge of donation guaranteed by an
irrevocable letter of credit.
administrative provisions
(including transfer and rescissions of funds)
In addition to other uses set forth in section 101917(c)(2) of title 54,
United States Code, franchise fees credited to a sub-account shall be available
for expenditure by the Secretary, without further appropriation, for use at any
unit within the National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such funds may only be used
for this purpose to the extent that the benefitting unit anticipated franchise
fee receipts over the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees at the benefitting
unit shall be credited to the sub-account of the originating unit over a period
not to exceed the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation Fund
grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security
Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed under such section,
such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal Highway
Administration (FHWA), Department of Transportation, for purposes authorized
under 23 U.S.C. 203. Transfers may include a reasonable amount for FHWA
administrative support costs.
Of the unobligated balances from amounts made available for fiscal year 2021
or prior fiscal years under the heading ``National Park Service--Construction'',
$18,500,000 is permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Of the unobligated balances from amounts made available under the heading
``National Park Service--Construction'' in division G of the Consolidated
Appropriations Act, 2023 (Public Law 117-328), $9,000,000 is permanently
rescinded from amounts made available for equipment replacement under such
heading, as specified in the explanatory statement described in section 4 of the
matter preceding division A of such Act.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological Survey to perform
surveys, investigations, and research covering topography, geology, hydrology,
biology, and the mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by 43 U.S.C. 31,
1332, and 1340; classify lands as to their mineral and water resources; give
engineering supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program (30 U.S.C.
641); conduct inquiries into the economic conditions affecting mining and
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(a)(1)) and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,455,434,000, to remain
available until September 30, 2025; of which $95,334,000 shall remain available
until expended for satellite operations; and of which $74,840,000 shall be
available until expended for deferred maintenance and capital improvement
projects that exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to conduct new
surveys on private property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with
States and municipalities: Provided further, That of the amount appropriated
under this heading, $5,237,000 shall be for projects specified for Special
Initiatives in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided
further, That amounts in the preceding proviso may be transferred to the
appropriate program, project, or activity under this heading and shall continue
to only be available for the purposes and in such amounts as such funds were
originally appropriated: Provided further, That of the amount appropriated
under this heading, not to exceed $15,000 may be for official reception and
representation expenses.
administrative provisions
From within the amount appropriated for activities of the United States
Geological Survey such sums as are necessary shall be available for contracting
for the furnishing of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively determined that such
procedures are in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States National
Committee for Geological Sciences; and payment of compensation and expenses of
persons employed by the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements (including noncompetitive
cooperative agreements with tribes) as defined in section 6302 of title 31,
United States Code: Provided further, That the United States Geological Survey
may enter into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of students or recent
graduates, who shall be considered employees for the purpose of chapters 57 and
81 of title 5, United States Code, relating to compensation for travel and work
injuries, and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases, easements,
rights-of-way, and agreements for use for oil and gas, other minerals, energy,
and marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or cooperative
agreements, $211,162,000, of which $155,162,000 is to remain available until
September 30, 2025, and of which $56,000,000 is to remain available until
expended: Provided, That this total appropriation shall be reduced by amounts
collected by the Secretary of the Interior and credited to this appropriation
from additions to receipts resulting from increases to lease rental rates in
effect on August 5, 1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf
Lands Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein appropriated
shall be reduced as such collections are received during the fiscal year, so as
to result in a final fiscal year 2024 appropriation estimated at not more than
$155,162,000: Provided further, That not to exceed $3,000 shall be available
for reasonable expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That not to exceed $5,000 shall be available for
official reception and representation expenses.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to leases,
easements, rights-of-way, and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements, $167,330,000, of
which $136,450,000, including not to exceed $3,000 for official reception and
representation expenses, is to remain available until September 30, 2025, and of
which $30,880,000 is to remain available until expended, including $2,880,000
for offshore decommissioning activities: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary of the
Interior and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and from cost
recovery fees from activities conducted by the Bureau of Safety and
Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act,
including studies, assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated shall be reduced
as such collections are received during the fiscal year, so as to result in a
final fiscal year 2024 appropriation estimated at not more than $139,330,000.
For an additional amount, $38,000,000, to remain available until expended,
to be reduced by amounts collected by the Secretary and credited to this
appropriation, which shall be derived from non-refundable inspection fees
collected in fiscal year 2024, as provided in this Act: Provided, That for
fiscal year 2024, not less than 50 percent of the inspection fees expended by
the Bureau of Safety and Environmental Enforcement will be used to fund
personnel and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer Continental Shelf
pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016; title IV,
sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil
Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill
Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $116,186,000, to remain
available until September 30, 2025, of which $62,400,000 shall be available for
State and tribal regulatory grants, and of which not to exceed $5,000 may be for
official reception and representation expenses: Provided, That appropriations
for the Office of Surface Mining Reclamation and Enforcement may provide for the
travel and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits issued by
the Office pursuant to section 507 of Public Law 95-87 (30 U.S.C. 1257),
$40,000, to remain available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be credited to this
account as discretionary offsetting collections, to remain available until
expended: Provided further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the fiscal year, so as
to result in a fiscal year 2024 appropriation estimated at not more than
$116,186,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, $32,546,000, to be derived from
receipts of the Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made available under title IV
of Public Law 95-87 may be used for any required non-Federal share of the cost
of projects funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be consistent with
the purposes and priorities of the Surface Mining Control and Reclamation Act:
Provided further, That amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training: Provided
further, That of the amounts provided under this heading, not to exceed $5,000
shall be available for official reception and representation expenses.
In addition, $130,000,000, to remain available until expended, for payments
to States and federally recognized Indian tribes for reclamation of abandoned
mine lands and other related activities in accordance with the terms and
conditions described in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That such
additional amount shall be used for economic and community development in
conjunction with the priorities described in section 403(a) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That of such additional amount, $86,000,000 shall be distributed in
equal amounts to the three Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and (2) of
such section, $33,000,000 shall be distributed in equal amounts to the three
Appalachian States with the subsequent greatest amount of unfunded needs to meet
such priorities, and $11,000,000 shall be for grants to federally recognized
Indian tribes, without regard to their status as certified or uncertified under
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for
reclamation of abandoned mine lands and other related activities in accordance
with the terms and conditions described in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated Act) and
shall be used for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and Reclamation Act
of 1977: Provided further, That such payments shall be made to States and
federally recognized Indian tribes not later than 90 days after the date of the
enactment of this Act: Provided further, That if payments have not been made by
the date specified in the preceding proviso, the amount appropriated for
salaries and expenses under the heading ``Office of Surface Mining Reclamation
and Enforcement'' shall be reduced by $100,000 per day until such payments have
been made.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as authorized
by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13) and the
Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301
et seq.), $1,898,550,000, to remain available until September 30, 2025, except
as otherwise provided herein; of which not to exceed $15,000 may be for official
reception and representation expenses; of which not to exceed $78,494,000 shall
be for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary of the Interior may exceed such cap for welfare
payments from the amounts provided herein, to provide for disaster relief to
Indian communities affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of federally recognized Indian
tribes may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $69,995,000 shall remain available
until expended for housing improvement, road maintenance, land acquisition,
attorney fees, litigation support, land records improvement, hearings and
appeals, and the Navajo-Hopi Settlement Program: Provided further, That of the
amount appropriated under this heading, $841,000 shall be for projects specified
for Special Initiatives (CDS) in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That any forestry funds allocated to a federally
recognized tribe which remain unobligated as of September 30, 2025, may be
transferred during fiscal year 2026 to an Indian forest land assistance account
established for the benefit of the holder of the funds within the holder's trust
fund account: Provided further, That any such unobligated balances not so
transferred shall expire on September 30, 2026: Provided further, That in order
to enhance the safety of Bureau field employees, the Bureau may use funds to
purchase uniforms or other identifying articles of clothing for personnel:
Provided further, That not to exceed $7,096,000 of funds made available under
this heading may, as needed, be transferred to ``Office of the Secretary--
Departmental Operations'' for trust, probate, and administrative functions:
Provided further, That the Bureau of Indian Affairs may accept transfers of
funds from United States Customs and Border Protection to supplement any other
funding available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation Facility
Inventory, 23 U.S.C. 202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land consolidation as
authorized under the Indian Land Consolidation Act Amendments of 2000 (Public
Law 106-462), and the American Indian Probate Reform Act of 2004 (Public Law
108-374), $4,000,000, to remain available until expended: Provided, That any
provision of the Indian Land Consolidation Act Amendments of 2000 (Public Law
106-462) that requires or otherwise relates to application of a lien shall not
apply to the acquisitions funded herein.
contract support costs
For payments to tribes and tribal organizations for contract support costs
associated with Indian Self-Determination and Education Assistance Act
agreements with the Bureau of Indian Affairs and the Bureau of Indian Education
for fiscal year 2024, such sums as may be necessary, which shall be available
for obligation through September 30, 2025: Provided, That notwithstanding any
other provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant to
section 105(l) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5324(l)) for fiscal year 2024, such sums as may be necessary, which shall
be available for obligation through September 30, 2025: Provided, That
notwithstanding any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of irrigation and
power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of lands, and
interests in lands; and preparation of lands for farming, and for construction
of the Navajo Indian Irrigation Project pursuant to Public Law 87-483;
$133,780,000, to remain available until expended: Provided, That such amounts
as may be available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further, That any
funds provided for the Safety of Dams program pursuant to the Act of November 2,
1921 (25 U.S.C. 13), shall be made available on a nonreimbursable basis:
Provided further, That this appropriation may be reimbursed from the Bureau of
Trust Funds Administration appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet trust
reform implementation: Provided further, That of the funds made available under
this heading, $10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat.
1749): Provided further, That amounts provided under this heading are made
available for the modernization of Federal field communication capabilities, in
addition to amounts otherwise made available for such purpose.
indian land and water claim settlements and miscellaneous payments to indians
For payments and necessary administrative expenses for implementation of
Indian land and water claim settlements pursuant to Public Laws 99-264, and 101-
618, and for implementation of other land and water rights settlements,
$976,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $13,329,000, to remain
available until September 30, 2025, of which $2,125,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974: Provided, That
such costs, including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed or insured, not to exceed $185,707,188.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13),
the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,131,617,000
to remain available until September 30, 2025, except as otherwise provided
herein: Provided, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs: Provided further, That
not to exceed $833,592,000 for school operations costs of Bureau-funded schools
and other education programs shall become available on July 1, 2024, and shall
remain available until September 30, 2025: Provided further, That
notwithstanding any other provision of law, including but not limited to the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128
of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed $95,822,000
within and only from such amounts made available for school operations shall be
available for administrative cost grants associated with grants approved prior
to July 1, 2024: Provided further, That in order to enhance the safety of
Bureau field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of buildings,
utilities, and other facilities necessary for the operation of Indian education
programs, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; $234,725,000, to remain available
until expended: Provided, That in order to ensure timely completion of
construction projects, the Secretary of the Interior may assume control of a
project and all funds related to the project, if, not later than 18 months after
the date of the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501,
et seq.) grantee receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project and commenced
construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian Education may carry
out the operation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts, and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of Indian
Affairs may contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to the Bureau
of Indian Affairs or the Bureau of Indian Education for central office oversight
and Executive Direction and Administrative Services (except Executive Direction
and Administrative Services funding for Tribal Priority Allocations, regional
offices, and facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the Bureau of Indian
Affairs or the Bureau of Indian Education under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law
103-413).
In the event any tribe returns appropriations made available by this Act to
the Bureau of Indian Affairs or the Bureau of Indian Education, this action
shall not diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States and that
tribe, or that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to the Bureau
of Indian Education, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to support the
operation of any elementary or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used to
support expanded grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each school in the
Bureau of Indian Education school system as of October 1, 1995, except that the
Secretary of the Interior may waive this prohibition to support expansion of up
to one additional grade when the Secretary determines such waiver is needed to
support accomplishment of the mission of the Bureau of Indian Education, or more
than one grade to expand the elementary grade structure for Bureau-funded
schools with a K-2 grade structure on October 1, 1996. Appropriations made
available in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the schools
in the Bureau school system as of September 1, 1996, and to any school or school
program that was reinstated in fiscal year 2012. Funds made available under this
Act may not be used to establish a charter school at a Bureau-funded school (as
that term is defined in section 1141 of the Education Amendments of 1978 (25
U.S.C. 2021)), except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only if the
charter school pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart from Bureau funds,
and the Bureau does not assume any obligation for charter school programs of the
State in which the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and employees of
a charter school shall not be treated as Federal employees for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113 of title I
of appendix C of Public Law 106-113, if in fiscal year 2003 or 2004 a grantee
received indirect and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary shall continue to
distribute indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
Funds available under this Act may not be used to establish satellite
locations of schools in the Bureau school system as of September 1, 1996, except
that the Secretary may waive this prohibition in order for an Indian tribe to
provide language and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond those currently
served at the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the Bureau-funded
school, comply with all applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and demonstrate the benefits
of establishing operations at a satellite location in lieu of incurring
extraordinary costs, such as for transportation or other impacts to students
such as those caused by busing students extended distances: Provided, That no
funds available under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs for such assets
that are not owned by the Bureau: Provided further, That the term ``satellite
school'' means a school location physically separated from the existing Bureau
school by more than 50 miles but that forms part of the existing school in all
other respects.
Funds made available for Tribal Priority Allocations within Operation of
Indian Programs and Operation of Indian Education Programs may be used to
execute requested adjustments in tribal priority allocations initiated by an
Indian tribe.
Bureau of Trust Funds Administration
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $100,009,000, to remain
available until expended, of which not to exceed $17,152,000 from this or any
other Act, may be available for settlement support: Provided, That funds for
trust management improvements and litigation support may, as needed, be
transferred to or merged with the Bureau of Indian Affairs, ``Operation of
Indian Programs'' and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Departmental Operations''
account: Provided further, That funds made available through contracts or
grants obligated during fiscal year 2024, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until
expended by the contractor or grantee: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be required to provide a
quarterly statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less: Provided
further, That the Secretary shall issue an annual account statement and maintain
a record of any such accounts and shall permit the balance in each such account
to be withdrawn upon the express written request of the account holder:
Provided further, That not to exceed $100,000 is available for the Secretary to
make payments to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be credited
to and remain available in this account for this purpose: Provided further,
That the Secretary shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Bureau of Trust Funds Administration
receives proof of ownership from a Special Deposit Accounts claimant: Provided
further, That notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other provision of
law, the Secretary may aggregate the trust accounts of individuals whose
whereabouts are unknown for a continuous period of at least 5 years and shall
not be required to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to the preceding
proviso, the Secretary shall continue to maintain sufficient records to
determine the balance of the individual accounts, including any accrued interest
and income, and such funds shall remain available to the individual account
holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfers of funds)
For necessary expenses for management of the Department of the Interior and
for grants and cooperative agreements, as authorized by law, $147,418,000, to
remain available until September 30, 2025; of which not to exceed $15,000 may be
for official reception and representation expenses; of which up to $1,000,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United States
Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and resource
valuation activities shall remain available until expended: Provided, That
funds for Indian land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian Affairs
``Operation of Indian Programs'' and Bureau of Indian Education ``Operation of
Indian Education Programs'' accounts and the Bureau of Trust Funds
Administration ``Federal Trust Programs'' account: Provided further, That funds
made available through contracts or grants obligated during fiscal year 2024, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the contractor or grantee:
Provided further, That funds provided under this heading in this Act may be
transferred to and merged with ``United States Fish and Wildlife Service--
Resource Management'' only to implement the functional transfer of the Office of
Subsistence Management to the Office of the Secretary and maintain uninterrupted
execution of ongoing subsistence management activities.
administrative provisions
For fiscal year 2024, up to $400,000 of the payments authorized by chapter
69 of title 31, United States Code, may be retained for administrative expenses
of the Payments in Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes program are the
only amounts available for payments authorized under chapter 69 of title 31,
United States Code: Provided further, That in the event the sums appropriated
for any fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make adjustments to
payment to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no payment shall be made
pursuant to that chapter to otherwise eligible units of local government if the
computed amount of the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the jurisdiction
of the Department of the Interior and other jurisdictions identified in section
104(e) of Public Law 108-188, $120,107,000, of which: (1) $109,890,000 shall
remain available until expended for territorial assistance, including general
technical assistance, maintenance assistance, disaster assistance, coral reef
initiative and natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction and
support of governmental functions; grants to the Government of the Virgin
Islands, as authorized by law; grants to the Government of Guam, as authorized
by law; and grants to the Government of the Northern Mariana Islands, as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $10,217,000 shall
be available until September 30, 2025, for salaries and expenses of the Office
of Insular Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, including such
transactions of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided further, That the
funds for the program of operations and maintenance improvement are appropriated
to institutionalize routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing to be determined
by the Secretary based on the grantee's commitment to timely maintenance of its
capital assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations Acts may be
used as non-Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,463,000, to remain available until
expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free
Association for the Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the Marshall Islands and
the Federated States of Micronesia, as authorized by Public Law 99-658 and
Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of Public
Law 108-188 and Public Law 104-134, that are allocated for Guam, to the
Secretary of Agriculture for the subsidy cost of direct or guaranteed loans,
plus not to exceed three percent of the amount of the subsidy transferred for
the cost of loan administration, for the purposes authorized by the Rural
Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and
Rural Development Act for construction and repair projects in Guam, and such
funds shall remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of eligible entities under
the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated
Farm and Rural Development Act: Provided further, That any funds transferred to
the Secretary of Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $97,950,000, to
remain available until September 30, 2025.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General, $67,000,000, to
remain available until September 30, 2025.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression operations,
fire science and research, emergency rehabilitation, fuels management
activities, and rural fire assistance by the Department of the Interior,
$1,113,471,000, to remain available until expended, of which not to exceed
$10,000,000 shall be for the renovation or construction of fire facilities:
Provided, That such funds are also available for repayment of advances to other
appropriation accounts from which funds were previously transferred for such
purposes: Provided further, That of the funds provided $214,450,000 is for
fuels management activities: Provided further, That of the funds provided
$10,000,000 is for burned area rehabilitation: Provided further, That persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging
without cost from funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered pursuant to 42 U.S.C.
1856 et seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for
fuels management activities, and for training and monitoring associated with
such fuels management activities on Federal land, or on adjacent non-Federal
land for activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding requirements of
the Competition in Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable competition among: (1)
local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps
crews, Public Lands Corps (Public Law 109-154), or related partnerships with
State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4)
other entities that will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the United States Fish
and Wildlife Service and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such
Act, in connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations to enter
into leases of real property with local governments, at or below fair market
value, to construct capitalized improvements for fire facilities on such leased
properties, including but not limited to fire guard stations, retardant
stations, and other initial attack and fire support facilities, and to make
advance payments for any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the Interior and the
Secretary of Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed $50,000,000
between the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That funds
provided for wildfire suppression shall be available for support of Federal
emergency response actions: Provided further, That funds appropriated under
this heading shall be available for assistance to or through the Department of
State in connection with forest and rangeland research, technical information,
and assistance in foreign countries, and, with the concurrence of the Secretary
of State, shall be available to support forestry, wildland fire management, and
related natural resource activities outside the United States and its
territories and possessions, including technical assistance, education and
training, and cooperation with United States and international organizations:
Provided further, That funds made available under this heading in this Act and
unobligated balances made available under this heading in prior Acts, other than
amounts designated by the Congress as being for an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, shall be available, in addition to any
other funds made available for such purpose, to continue uninterrupted the
Federal wildland firefighter base salary increases provided under section
40803(d)(4)(B) of Public Law 117-58: Provided further, That of the funds
provided under this heading, $383,657,000 shall be available for wildfire
suppression operations, and is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit Control Act of
1985.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department of the
Interior--Department-Wide Programs--Wildland Fire Management'' for wildfire
suppression operations, $350,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of section
251(b)(2)(F) of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That such amounts may be transferred to and merged with amounts made
available under the headings ``Department of Agriculture--Forest Service--
Wildland Fire Management'' and ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' for wildfire suppression operations in the
fiscal year in which such amounts are transferred: Provided further, That
amounts may be transferred to the ``Wildland Fire Management'' accounts in the
Department of Agriculture or the Department of the Interior only upon the
notification of the House and Senate Committees on Appropriations that all
wildfire suppression operations funds appropriated under that heading in this
and prior appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That the
transfer authority provided under this heading is in addition to any other
transfer authority provided by law: Provided further, That, in determining
whether all wildfire suppression operations funds appropriated under the heading
``Wildland Fire Management'' in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior will be obligated
within 30 days pursuant to the preceding proviso, any funds transferred or
permitted to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of its
component offices and bureaus for the response action, including associated
activities, performed pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), $9,661,000, to remain
available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to inventory,
assess, decommission, reclaim, respond to hazardous substance releases,
remediate lands pursuant to section 40704 of Public Law 117-58 (30 U.S.C. 1245),
and carry out the purposes of section 349 of the Energy Policy Act of 2005 (42
U.S.C. 15907), as amended, $4,800,000, to remain available until expended:
Provided, That such amount shall be in addition to amounts otherwise available
for such purposes: Provided further, That amounts appropriated under this
heading are available for program management and oversight of these activities:
Provided further, That the Secretary may transfer the funds provided under this
heading in this Act to any other account in the Department to carry out such
purposes, and may expend such funds directly, or through grants: Provided
further, That these amounts are not available to fulfill Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)
obligations agreed to in settlement or imposed by a court, whether for payment
of funds or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration activities, and
onshore oil spill preparedness by the Department of the Interior necessary to
carry out the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(33 U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,715,000, to remain
available until expended.
working capital fund
For the operation and maintenance of a departmental financial and business
management system, data management, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation of
facilities and operations throughout the Department, $107,710,000, to remain
available until expended: Provided, That none of the funds appropriated in this
Act or any other Act may be used to establish reserves in the Working Capital
Fund account other than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Secretary of the
Interior may assess reasonable charges to State, local, and tribal government
employees for training services provided by the National Indian Program Training
Center, other than training related to Public Law 93-638: Provided further,
That the Secretary may lease or otherwise provide space and related facilities,
equipment, or professional services of the National Indian Program Training
Center to State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational activities (as
defined in section 3306(a) of title 40, United States Code) at the prevailing
rate for similar space, facilities, equipment, or services in the vicinity of
the National Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to this
account, shall be available until expended, and shall be used by the Secretary
for necessary expenses of the National Indian Program Training Center: Provided
further, That the Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection and disbursement of
royalties, fees, and other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources within
the Working Capital Fund, aircraft which may be obtained by donation, purchase,
or through available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and disbursement of
royalties, fees, and other mineral revenue proceeds, and for grants and
cooperative agreements, as authorized by law, $167,937,000, to remain available
until September 30, 2025; of which $69,751,000 shall remain available until
expended for the purpose of mineral revenue management activities: Provided,
That notwithstanding any other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian leases in which the
Secretary of the Interior concurred with the claimed refund due, to pay amounts
owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the approval of the
Secretary of the Interior, for the emergency reconstruction, replacement, or
repair of aircraft, buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental appropriation, which must be
requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the expenditure or
transfer of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the suppression or
emergency prevention of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions related to
potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable
causes; for contingency planning subsequent to actual oil spills; for response
and natural resource damage assessment activities related to actual oil spills
or releases of hazardous substances into the environment; for the prevention,
suppression, and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law 95-87; and shall
transfer, from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit assumption
of regulatory authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That appropriations
made in this title for wildland fire operations shall be available for the
payment of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently available at
the time of receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: Provided further, That all funds used
pursuant to this section must be replenished by a supplemental appropriation,
which must be requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in this
title shall be available for services as authorized by section 3109 of title 5,
United States Code, when authorized by the Secretary of the Interior, in total
amount not to exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles; purchase of reprints;
payment for telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the payment of dues,
when authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to members
lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau of
Indian Affairs and Bureau of Indian Education, and Bureau of Trust Funds
Administration and any unobligated balances from prior appropriations Acts made
under the same headings shall be available for expenditure or transfer for
Indian trust management and reform activities. Total funding for settlement
support activities shall not exceed amounts specifically designated in this Act
for such purpose. The Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer of any funds under
this section, including the amount expended or transferred and how the funds
will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to redistribute any Tribal Priority Allocation funds,
including tribal base funds, to alleviate tribal funding inequities by
transferring funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution methodologies. No tribe
shall receive a reduction in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2024. Under circumstances of dual enrollment, overlapping
service areas or inaccurate distribution methodologies, the 10 percent
limitation does not apply.
Ellis, Governors, and Liberty Islands
Sec. 106. Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to acquire lands, waters, or interests therein, including
the use of all or part of any pier, dock, or landing within the State of New
York and the State of New Jersey, for the purpose of operating and maintaining
facilities in the support of transportation and accommodation of visitors to
Ellis, Governors, and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the Secretary is
authorized to negotiate and enter into leases, subleases, concession contracts,
or other agreements for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2024, the Secretary of the Interior shall
collect a nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the designated
operator for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the fiscal
year. Fees for fiscal year 2024 shall be--
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any combination
of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections completed
in fiscal year 2024. Fees for fiscal year 2024 shall be--
(1) $30,500 per inspection for rigs operating in water depths of 500
feet or more; and
(2) $16,700 per inspection for rigs operating in water depths of
less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig units as
outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all
inspections completed in fiscal year 2024. Fees for fiscal year 2024 shall be--
(1) $13,260 per inspection for non-rig units operating in water
depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in water
depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in water
depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection (b)
quarterly, with payment required within 30 days of billing. The Secretary shall
bill designated operators under subsection (c) within 30 days of the end of the
month in which the inspection occurred, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection (d) with
payment required by the end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act, the Secretary of
the Interior may enter into multiyear cooperative agreements with nonprofit
organizations and other appropriate entities, and may enter into multiyear
contracts in accordance with the provisions of section 3903 of title 41, United
States Code (except that the 5-year term restriction in subsection (a) shall not
apply), for the long-term care and maintenance of excess wild free roaming
horses and burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject to renewal
at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in carrying
out its responsibilities to protect threatened and endangered species of salmon,
implement a system of mass marking of salmonid stocks, intended for harvest,
that are released from federally operated or federally financed hatcheries
including but not limited to fish releases of coho, chinook, and steelhead
species. Marked fish must have a visible mark that can be readily identified by
commercial and recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during fiscal year
2024, in carrying out work involving cooperation with State, local, and tribal
governments or any political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such entities, except that
total obligations at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law relating to Federal
grants and cooperative agreements, the Secretary of the Interior is authorized
to make grants to, or enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans in programs
authorized by other provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a), the
Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently employed by
the Department, including partial displacement through reduction of non-
overtime hours, wages, or employment benefits;
(2) result in the use of an individual under the Department of the
Interior Experienced Services Program for a job or function in a case in
which a Federal employee is in a layoff status from the same or
substantially equivalent job within the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department of the
Interior shall be available for obligation and expenditure not later than 60
days after the date of enactment of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to implement an orderly
transition to separate accounts of the Bureau of Indian Affairs and the Bureau
of Indian Education, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, shall be applied by
substituting ``fiscal year 2024'' for ``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in which the Bureau of
Safety and Environmental Enforcement or the Bureau of Ocean Energy Management
prescribes or approves any departure or use of alternate procedure or equipment,
in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR
550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of such bureau shall post a
description of such departure or alternate procedure or equipment use approval
on such bureau's publicly available website not more than 15 business days after
such issuance.
(b) The head of each bureau may exclude confidential business information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the State of
Virginia or the District of Columbia for the purpose of the construction of rail
and other infrastructure relating to the Long Bridge Project, the Secretary of
the Interior may convey to the State or the District of Columbia, as applicable,
all right, title, and interest of the United States in and to any portion of the
approximately 4.4 acres of National Park Service land depicted as ``Permanent
Impact to NPS Land'' on the Map dated May 15, 2020, that is identified by the
State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National Park Service land
under subsection (a) shall be subject to any terms and conditions that the
Secretary may require. If such conveyed land is no longer being used for the
purposes specified in this section, the lands or interests therein shall revert
to the National Park Service after they have been restored or remediated to the
satisfaction of the Secretary.
(c) Corrections.--The Secretary and the State or the District of Columbia,
as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National Park Service
land to be conveyed to the State or the District of Columbia under
subsection (a); and
(2) correct any minor errors in the Map referred to in subsection
(a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project'' means the
rail project, as identified by the Federal Railroad Administration, from
Rosslyn (RO) Interlocking in Arlington, Virginia, to L'Enfant (LE)
Interlocking in Washington, DC, which includes a bicycle and pedestrian
bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the National Park Service.
(3) State.--The term ``State'' means the State of Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or Federal regulation,
federally recognized Indian tribes or authorized tribal organizations that
receive Tribally-Controlled School Grants pursuant to Public Law 100-297 may
obtain interagency motor vehicles and related services for performance of any
activities carried out under such grants to the same extent as if they were
contracting under the Indian Self-Determination and Education Assistance Act.
appraiser pay authority
Sec. 118. For fiscal year 2024, funds made available in this or any other
Act or otherwise made available to the Department of the Interior for the
Appraisal and Valuation Services Office may be used by the Secretary of the
Interior to establish higher minimum rates of basic pay for employees of the
Department of the Interior in the Appraiser (GS-1171) job series at grades 11
through 15 carrying out appraisals of real property and appraisal reviews
conducted in support of the Department's realty programs at rates no greater
than 15 percent above the minimum rates of basic pay normally scheduled, and
such higher rates shall be consistent with subsections (e) through (h) of
section 5305 of title 5, United States Code.
sage-grouse
Sec. 119. None of the funds made available by this or any other Act may be
used by the Secretary of the Interior to write or issue pursuant to section 4 of
the Endangered Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population
segment of greater sage-grouse.
state conservation grants
Sec. 120. For expenses necessary to carry out section 200305 of title 54,
United States Code, the National Park Service may retain up to 7 percent of the
State Conservation Grants program to provide to States, the District of
Columbia, and insular areas, as matching grants to support state program
administrative costs.
retention of concession franchise fees
Sec. 121. Section 101917(c) of title 54, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Reduction.--The Secretary may reduce the percentage allocation
otherwise applicable under paragraph (2) to a unit or area of the
National Park Service for a fiscal year if the Secretary determines that
the revenues collected at the unit or area exceed the reasonable needs
of the unit or area for which expenditures may be made for that fiscal
year. In no event may a percentage allocation be reduced below 60
percent.''.
historic preservation fund deposits
Sec. 122. Section 303102 of title 54, United States Code, shall be applied
by substituting ``fiscal year 2024'' for ``fiscal year 2023''.
decommissioning account
Sec. 123. The matter under the amended heading ``Royalty and Offshore
Minerals Management'' for the Minerals Management Service in Public Law 101-512
(104 Stat. 1926, as amended) (43 U.S.C. 1338a) is further amended by striking
the fifth and sixth provisos in their entirety and inserting the following:
``Provided further, That notwithstanding section 3302 of title 31, United States
Code, any moneys hereafter received as a result of the forfeiture of a bond or
other security by an Outer Continental Shelf permittee, lessee, or right-of-way
holder that does not fulfill the requirements of its permit, lease, or right-of-
way or does not comply with the regulations of the Secretary, or as a bankruptcy
distribution or settlement associated with such failure or noncompliance, shall
be credited to a separate account established in the Treasury for
decommissioning activities and shall be available to the Bureau of Ocean Energy
Management without further appropriation or fiscal year limitation to cover the
cost to the United States of any improvement, protection, rehabilitation, or
decommissioning work rendered necessary by the action or inaction that led to
the forfeiture or bankruptcy distribution or settlement, to remain available
until expended: Provided further, That amounts deposited into the
decommissioning account may be allocated to the Bureau of Safety and
Environmental Enforcement for such costs: Provided further, That any moneys
received for such costs currently held in the Ocean Energy Management account
shall be transferred to the decommissioning account: Provided further, That any
portion of the moneys so credited shall be returned to the bankruptcy estate,
permittee, lessee, or right-of-way holder to the extent that the money is in
excess of the amount expended in performing the work necessitated by the action
or inaction which led to their receipt or, if the bond or security was forfeited
for failure to pay the civil penalty, in excess of the civil penalty imposed.''.
nonrecurring expenses fund
Sec. 124. There is hereby established in the Treasury of the United States
a fund to be known as the ``Department of the Interior Nonrecurring Expenses
Fund'' (the Fund): Provided, That unobligated balances of expired discretionary
funds appropriated for this or any succeeding fiscal year from the General Fund
of the Treasury to the Department of the Interior by this or any other Act may
be transferred (not later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts deposited in the
Fund shall be available until expended, and in addition to such other funds as
may be available for such purposes, for information and business technology
system modernization and facilities infrastructure improvements and associated
administrative expenses, including nonrecurring maintenance, necessary for the
operation of the Department or its bureaus, subject to approval by the Office of
Management and Budget: Provided further, That amounts in the Fund may not be
obligated without written notification to and the prior approval of the
Committees on Appropriations of the House of Representatives and the Senate in
conformance with the reprogramming guidelines described in this Act.
ebey's landing national historic reserve
Sec. 125. Section 508(f) of Public Law 95-625 (92 stat. 3509) is amended by
striking ``not to exceed $5,000,000'' and inserting ``$18,000,000''.
interior authority for operating efficiencies
Sec. 126. (a) In fiscal years 2024 and 2025, the Secretary of the Interior
may authorize and execute agreements to achieve operating efficiencies among and
between two or more component bureaus and offices through the following
activities:
(1) co-locating in offices and facilities leased or owned by any
such component and sharing related utilities and equipment;
(2) detailing or assigning staff on a non-reimbursable basis for up
to 5 business days; and
(3) sharing staff and equipment necessary to meet mission
requirements.
(b) The authority provided by subsection (a) is to support areas of mission
alignment between and among component bureaus and offices or where geographic
proximity allows for efficiencies.
(c) Bureaus and offices entering into agreements authorized under
subsections (a)(1) and (a)(3) shall bear costs for such agreements in a manner
that reflects their approximate benefit and share of total costs, which may or
may not include indirect costs.
(d) In furtherance of the requirement in subsection (c), the Secretary of
the Interior may make transfers of funds in advance or on a reimbursable basis.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development activities,
which shall include research and development activities under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses; procurement of
laboratory equipment and supplies; hire, maintenance, and operation of aircraft;
and other operating expenses in support of research and development,
$758,103,000, to remain available until September 30, 2025: Provided, That of
the funds included under this heading, $19,530,000 shall be for Research:
National Priorities as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act), of
which $2,030,000 shall be for projects specified for Science and Technology in
the table titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary expenses not
otherwise provided for, for personnel and related costs and travel expenses;
hire of passenger motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or associations which
issue publications to members only or at a price to members lower than to
subscribers who are not members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under section
2301 of the Water and Waste Act of 2016; and not to exceed $40,000 for official
reception and representation expenses, $3,178,028,000, to remain available until
September 30, 2025: Provided further, That of the funds included under this
heading--
(1) $30,700,000 shall be for Environmental Protection: National
Priorities as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act);
(2) $681,726,000 shall be for Geographic Programs as specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(3) $20,000,000, to remain available until expended, shall be for
grants, including grants that may be awarded on a non-competitive basis,
interagency agreements, and associated program support costs to
establish and implement a program to assist Alaska Native Regional
Corporations, Alaskan Native Village Corporations, federally-recognized
tribes in Alaska, Alaska Native Non-Profit Organizations and Alaska
Native Nonprofit Associations, and intertribal consortia comprised of
Alaskan tribal entities to address contamination on lands conveyed under
or pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.) that were or are contaminated at the time of conveyance and are
on an inventory of such lands developed and maintained by the
Environmental Protection Agency: Provided, That grants awarded using
funds made available in this paragraph may be used by a recipient to
supplement other funds provided by the Environmental Protection Agency
through individual media or multi-media grants or cooperative
agreements: Provided further, That of the amounts made available in
this paragraph, in addition to amounts otherwise available for such
purposes, the Environmental Protection Agency may reserve up to
$2,000,000 for salaries, expenses, and administration of the program and
for grants related to such program that address contamination on lands
conveyed under or pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) that were or are contaminated at the time of
conveyance and are on the EPA inventory of such lands.
In addition, $9,000,000, to remain available until expended, for necessary
expenses of activities described in section 26(b)(1) of the Toxic Substances
Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees collected pursuant to
that section of that Act and deposited in the ``TSCA Service Fee Fund'' as
discretionary offsetting receipts in fiscal year 2024 shall be retained and used
for necessary salaries and expenses in this appropriation and shall remain
available until expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2024 shall be reduced by
the amount of discretionary offsetting receipts received during fiscal year
2024, so as to result in a final fiscal year 2024 appropriation from the general
fund estimated at not more than $0: Provided further, That to the extent that
amounts realized from such receipts exceed $9,000,000, those amounts in excess
of $9,000,000 shall be deposited in the ``TSCA Service Fee Fund'' as
discretionary offsetting receipts in fiscal year 2024, shall be retained and
used for necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included in the
first paragraph under this heading, the Chemical Risk Review and Reduction
program project shall be allocated for this fiscal year, excluding the amount of
any fees appropriated, not less than the amount of appropriations for that
program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, $43,250,000, to remain
available until September 30, 2025: Provided, That the Office of Inspector
General shall be subject to the terms, conditions, and requirements specified
under this heading in Senate Report 118-83.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and purchase
of fixed equipment or facilities of, or for use by, the Environmental Protection
Agency, $40,676,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including sections
111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and hire, maintenance,
and operation of aircraft, $537,700,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund on September 30,
2023, and not otherwise appropriated from the Trust Fund, as authorized by
section 517(a) of the Superfund Amendments and Reauthorization Act of 1986
(SARA) and up to $537,700,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be allocated to
other Federal agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $11,328,000 shall be
paid to the ``Office of Inspector General'' appropriation to remain available
until September 30, 2025, and $30,343,000 shall be paid to the ``Science and
Technology'' appropriation to remain available until September 30, 2025.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank cleanup
activities authorized by subtitle I of the Solid Waste Disposal Act,
$89,214,000, to remain available until expended, of which $64,723,000 shall be
for carrying out leaking underground storage tank cleanup activities authorized
by section 9003(h) of the Solid Waste Disposal Act; and $24,491,000 shall be for
carrying out the other provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That the Administrator
is authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection Agency's
responsibilities under the Oil Pollution Act of 1990, including hire,
maintenance, and operation of aircraft, $20,711,000, to be derived from the Oil
Spill Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
(including rescission of funds)
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance partnership
grants, $4,418,938,000, to remain available until expended, of which--
(1) $1,638,861,000 shall be for making capitalization grants for the
Clean Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act; and of which $1,126,101,000 shall be for making
capitalization grants for the Drinking Water State Revolving Funds under
section 1452 of the Safe Drinking Water Act: Provided, That
$787,652,267 of the funds made available for capitalization grants for
the Clean Water State Revolving Funds and $631,659,905 of the funds made
available for capitalization grants for the Drinking Water State
Revolving Funds shall be for the construction of drinking water,
wastewater, and storm water infrastructure and for water quality
protection in accordance with the terms and conditions specified for
such grants in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) for projects
specified for ``STAG--Drinking Water State Revolving Fund'' and ``STAG--
Clean Water State Revolving Fund'' in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), and, for purposes of
these grants, each grantee shall contribute not less than 20 percent of
the cost of the project unless the grantee is approved for a waiver by
the Agency: Provided further, That $13,300,000 of the funds
appropriated under this heading for capitalization grants for the Clean
Water State Revolving Funds and for capitalization grants for the
Drinking Water State Revolving Funds, in addition to amounts otherwise
available for such purposes, may be used by the Administrator for
salaries, expenses, and administration for Community Project Funding
Items/Congressionally Directed Spending Items: Provided further, That
the amounts in the preceding proviso under this heading shall not be
available for obligation until the report, as specified under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) is received by the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That for fiscal year 2024, to the extent
there are sufficient eligible project applications and projects are
consistent with State Intended Use Plans, not less than 10 percent of
the funds made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by the State
for projects to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities: Provided
further, That for fiscal year 2024, funds made available under this
title to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State, be used for
projects to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities: Provided
further, That the Administrator is authorized to use up to $1,500,000 of
funds made available for the Clean Water State Revolving Funds under
this heading under title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381) to conduct the Clean Watersheds Needs Survey: Provided
further, That notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2024 and prior years where such
amounts represent costs of administering the fund to the extent that
such amounts are or were deemed reasonable by the Administrator,
accounted for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration: Provided
further, That for fiscal year 2024, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the Federal Water
Pollution Control Act, grants made under title II of such Act for
American Samoa, Guam, the Commonwealth of the Northern Marianas, the
United States Virgin Islands, and the District of Columbia may also be
made for the purpose of providing assistance: (1) solely for facility
plans, design activities, or plans, specifications, and estimates for
any proposed project for the construction of treatment works; and (2)
for the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or small
commercial establishments: Provided further, That for fiscal year 2024,
notwithstanding the provisions of such subsections (g)(1), (h), and (l)
of section 201 and section 518(c) of the Federal Water Pollution Control
Act, funds reserved by the Administrator for grants under section 518(c)
of the Federal Water Pollution Control Act may also be used to provide
assistance: (1) solely for facility plans, design activities, or plans,
specifications, and estimates for any proposed project for the
construction of treatment works; and (2) for the construction, repair,
or replacement of privately owned treatment works serving one or more
principal residences or small commercial establishments: Provided
further, That for fiscal year 2024, notwithstanding any provision of the
Federal Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by the
Administrator for grants under section 518(c) of such Act may also be
used for grants for training, technical assistance, and educational
programs relating to the operation and management of the treatment works
specified in section 518(c) of such Act: Provided further, That for
fiscal year 2024, funds reserved under section 518(c) of such Act shall
be available for grants only to Indian tribes, as defined in section
518(h) of such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That for fiscal year
2024, notwithstanding the limitation on amounts in section 518(c) of the
Federal Water Pollution Control Act, up to a total of 2 percent of the
funds appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of the Safe
Drinking Water Act, up to a total of 2 percent of the funds
appropriated, or $20,000,000, whichever is greater, for State Revolving
Funds under such Acts may be reserved by the Administrator for grants
under section 518(c) and section 1452(i) of such Acts: Provided
further, That for fiscal year 2024, notwithstanding the amounts
specified in section 205(c) of the Federal Water Pollution Control Act,
up to 1.5 percent of the aggregate funds appropriated for the Clean
Water State Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the Administrator
for grants made under title II of the Federal Water Pollution Control
Act for American Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for fiscal
year 2024, notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State Revolving Fund programs
under the Safe Drinking Water Act may be reserved by the Administrator
for grants made under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available under this
title to each State for Clean Water State Revolving Fund capitalization
grants and 14 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative interest
loans, or grants (or any combination of these), and shall be so used by
the State only where such funds are provided as initial financing for an
eligible recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was incurred on
or after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the State, with
concurrence from the Administrator, determines that such funds could be
used to help address a threat to public health from heightened exposure
to lead in drinking water or if a Federal or State emergency declaration
has been issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply before the date of
enactment of this Act: Provided further, That in a State in which such
an emergency declaration has been issued, the State may use more than 14
percent of the funds made available under this title to the State for
Drinking Water State Revolving Fund capitalization grants to provide
additional subsidy to eligible recipients: Provided further, That
notwithstanding section 1452(o) of the Safe Drinking Water Act (42
U.S.C. 300j-12(o)), the Administrator shall reserve up to $12,000,000 of
the amounts made available for fiscal year 2024 for making
capitalization grants for the Drinking Water State Revolving Funds to
pay the costs of monitoring for unregulated contaminants under section
1445(a)(2)(C) of such Act: Provided further, That of the unobligated
balances available in the ``State and Tribal Assistance Grants'' account
appropriated prior to fiscal year 2012 for ``special project grants'' or
``special needs infrastructure grants,'' or for the administration,
management, and oversight of such grants, $1,500,000 are permanently
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That the
funds made available under this heading for Community Project Funding/
Congressionally Directed Spending grants in this or prior appropriations
Acts are not subject to compliance with Federal procurement requirements
for competition and methods of procurement applicable to Federal
financial assistance, if a Community Project Funding/Congressionally
Directed Spending recipient has procured services or products through
contracts entered into prior to the date of enactment of this
legislation that complied with state and/or local laws governing
competition;
(2) $35,000,000 shall be for architectural, engineering, planning,
design, construction and related activities in connection with the
construction of high priority water and wastewater facilities in the
area of the United States-Mexico Border, after consultation with the
appropriate border commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other critical
infrastructure needs of the colonias in the United States along the
United States-Mexico border shall be made available to a county or
municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure;
(3) $39,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural and
Alaska Native Villages: Provided, That of these funds: (A) the State of
Alaska shall provide a match of 25 percent; (B) no more than 5 percent
of the funds may be used for administrative and overhead expenses; and
(C) the State of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $98,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including grants, interagency agreements, and associated
program support costs: Provided, That at least 10 percent shall be
allocated for assistance in persistent poverty counties: Provided
further, That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as measured by
the 1993 Small Area Income and Poverty Estimates, the 2000 decennial
census, and the most recent Small Area Income and Poverty Estimates, or
any territory or possession of the United States;
(5) $90,000,000 shall be for grants under title VII, subtitle G of
the Energy Policy Act of 2005;
(6) $67,800,000 shall be for targeted airshed grants in accordance
with the terms and conditions in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act);
(7) $28,500,000 shall be for grants under subsections (a) through
(j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-
19a): Provided, That for fiscal year 2024, funds provided under
subsections (a) through (j) of such section of such Act may be used--
(A) by a State to provide assistance to benefit one or more
owners of drinking water wells that are not public water systems
or connected to a public water system for necessary and
appropriate activities related to a contaminant pursuant to
subsection (j) of such section of such Act; and
(B) to support a community described in subsection (c)(2) of
such section of such Act;
(8) $28,000,000 shall be for grants under section 1464(d) of the
Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(9) $22,000,000 shall be for grants under section 1459B of the Safe
Drinking Water Act (42 U.S.C. 300j-19b);
(10) $6,500,000 shall be for grants under section 1459A(l) of the
Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(11) $25,500,000 shall be for grants under section 104(b)(8) of the
Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8));
(12) $41,000,000 shall be for grants under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $5,400,000 shall be for grants under section 4304(b) of the
America's Water Infrastructure Act of 2018 (Public Law 115-270);
(14) $5,000,000 shall be for carrying out section 302(a) of the Save
Our Seas 2.0 Act (33 U.S.C. 4282(a)), of which not more than 2 percent
shall be for administrative costs to carry out such section: Provided,
That notwithstanding section 302(a) of such Act, the Administrator may
also provide grants pursuant to such authority to intertribal consortia
consistent with the requirements in 40 CFR 35.504(a), to former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior), and Alaska Native Villages as defined in Public Law 92-203;
(15) $7,000,000 shall be for grants under section 103(b)(3) of the
Clean Air Act for wildfire smoke preparedness grants in accordance with
the terms and conditions in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That not more than 3 percent shall be for administrative
costs to carry out such section;
(16) $38,693,000 shall be for State and Tribal Assistance Grants to
be allocated in the amounts specified for those projects and for the
purposes delineated in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) for remediation, construction, and related
environmental management activities in accordance with the terms and
conditions specified for such grants in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act);
(17) $2,250,000 shall be for grants under section 1459F of the Safe
Drinking Water Act (42 U.S.C. 300j-19g);
(18) $4,000,000 shall be for carrying out section 2001 of the
America's Water Infrastructure Act of 2018 (Public Law 115-270, 42
U.S.C. 300j-3c note): Provided, That the Administrator may award grants
to and enter into contracts with tribes, intertribal consortia, public
or private agencies, institutions, organizations, and individuals,
without regard to section 3324(a) and (b) of title 31 and section 6101
of title 41, United States Code, and enter into interagency agreements
as appropriate;
(19) $2,000,000 shall be for grants under section 50217(b) of the
Infrastructure Investment and Jobs Act (33 U.S.C. 1302f(b); Public Law
117-58);
(20) $3,500,000 shall be for grants under section 124 of the Federal
Water Pollution Control Act (33 U.S.C. 1276); and
(21) $1,106,333,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention, control
and abatement, and related activities, including activities pursuant to
the provisions set forth under this heading in Public Law 104-134, and
for making grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to terms and
conditions specified by the Administrator, and under section 2301 of the
Water and Waste Act of 2016 to assist States in developing and
implementing programs for control of coal combustion residuals, of
which: $46,250,000 shall be for carrying out section 128 of CERCLA;
$9,500,000 shall be for Environmental Information Exchange Network
grants, including associated program support costs; $1,475,000 shall be
for grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds appropriated under the
heading ``Leaking Underground Storage Tank Trust Fund Program'' to carry
out the provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h) of the
Solid Waste Disposal Act; $18,512,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act shall be
for State participation in national- and State-level statistical surveys
of water resources and enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans, as
authorized by the Water Infrastructure Finance and Innovation Act of 2014,
$64,634,000, to remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of direct
loans, including capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available under this
heading, $5,000,000 shall be used solely for the cost of direct loans and for
the cost of guaranteed loans for projects described in section 5026(9) of the
Water Infrastructure Finance and Innovation Act of 2014 to State infrastructure
financing authorities, as authorized by section 5033(e) of such Act: Provided
further, That the use of direct loans or loan guarantee authority under this
heading for direct loans or commitments to guarantee loans for any project shall
be in accordance with the criteria published in the Federal Register on June 30,
2020 (85 FR 39189) pursuant to the fourth proviso under the heading ``Water
Infrastructure Finance and Innovation Program Account'' in division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided
further, That none of the direct loans or loan guarantee authority made
available under this heading shall be available for any project unless the
Administrator and the Director of the Office of Management and Budget have
certified in advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced in the previous
proviso: Provided further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional Budget
Office may request, and the Administrator shall promptly provide, documentation
and information relating to a project identified in a Letter of Interest
submitted to the Administrator pursuant to a Notice of Funding Availability for
applications for credit assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project that was initiated
or completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections 5029 and
5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be
deposited in this account, to remain available until expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $7,640,000, to remain
available until September 30, 2025.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2024, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the
Administrator of the Environmental Protection Agency, in carrying out the
Agency's function to implement directly Federal environmental programs required
or authorized by law in the absence of an acceptable tribal program, may award
cooperative agreements to federally recognized Indian tribes or Intertribal
consortia, if authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required or
authorized by law, except that no such cooperative agreements may be awarded
from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is authorized to
collect and obligate pesticide registration service fees in accordance with
section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8), to remain available until expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the Administrator of the
Environmental Protection Agency may assess fees under section 33 of FIFRA (7
U.S.C. 136w-8) for fiscal year 2024.
The Administrator of the Environmental Protection Agency is authorized to
collect and obligate fees in accordance with section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g) for fiscal year 2024, to remain available until
expended.
The Administrator is authorized to transfer up to $368,000,000 of the funds
appropriated for the Great Lakes Restoration Initiative under the heading
``Environmental Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out activities that would
support the Great Lakes Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an interagency
agreement with the head of such Federal department or agency to carry out these
activities; and to make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes Restoration
Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management, Office of
Inspector General, Hazardous Substance Superfund, and Leaking Underground
Storage Tank Trust Fund Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of facilities, provided that
the cost does not exceed $300,000 per project.
For fiscal year 2024, and notwithstanding section 518(f) of the Federal
Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized
to use the amounts appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts appropriated under the
heading ``Environmental Programs and Management'' for fiscal year 2024 to
provide grants to implement the Southeast New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the
Federal Water Pollution Control Act, not less than $2,500,000 of the funds made
available under this title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
For fiscal year 2024, the Office of Chemical Safety and Pollution Prevention
and the Office of Water may, using funds appropriated under the headings
``Environmental Programs and Management'' and ``Science and Technology'',
contract directly with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary or intermittent
personal services of students or recent graduates, who shall be considered
employees for the purposes of chapters 57 and 81 of title 5, United States Code,
relating to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purpose: Provided, That amounts used for
this purpose by the Office of Chemical Safety and Pollution Prevention and the
Office of Water collectively may not exceed $2,000,000.
The Environmental Protection agency shall provide the Committees on
Appropriations of the House of Representatives and Senate with copies of any
available Department of Treasury quarterly certification of trust fund receipts
collected from section 13601 of Public Law 117-169 and section 80201 of Public
Law 117-58, an annual operating plan for such receipts showing amounts allocated
by program area and program project, and quarterly reports for such receipts of
obligated balances by program area and program project.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for Natural
Resources and Environment, $1,000,000: Provided, That funds made available by
this Act to any agency in the Natural Resources and Environment mission area for
salaries and expenses are available to fund up to one administrative support
staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise provided for,
$1,150,000,000, to remain available through September 30, 2027: Provided, That
a portion of the funds made available under this heading shall be for the base
salary and expenses of employees in the Chief's Office, the Work Environment and
Performance Office, the Business Operations Deputy Area, and the Chief Financial
Officer's Office to carry out administrative and general management support
functions: Provided further, That funds provided under this heading shall be
available for the costs of facility maintenance, repairs, and leases for
buildings and sites where these administrative, general management and other
Forest Service support functions take place; the costs of all utility and
telecommunication expenses of the Forest Service, as well as business services;
and, for information technology, including cybersecurity requirements: Provided
further, That funds provided under this heading may be used for necessary
expenses to carry out administrative and general management support functions of
the Forest Service not otherwise provided for and necessary for its operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as authorized by
law, $300,000,000, to remain available through September 30, 2027: Provided,
That of the funds provided, $31,500,000 is for the forest inventory and analysis
program: Provided further, That all authorities for the use of funds, including
the use of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research.
state, private, and tribal forestry
For necessary expenses of cooperating with and providing technical and
financial assistance to States, territories, possessions, tribes, and others,
and for forest health management, including for invasive plants, and conducting
an international program and trade compliance activities as authorized,
$303,306,000, to remain available through September 30, 2027, as authorized by
law, of which $19,806,000 shall be for projects specified for Forest Resource
Information and Analysis in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act).
national forest system
For necessary expenses of the Forest Service, not otherwise provided for,
for management, protection, improvement, and utilization of the National Forest
System, and for hazardous fuels management on or adjacent to such lands,
$1,863,557,000, to remain available through September 30, 2027: Provided, That
of the funds provided, $31,000,000 shall be deposited in the Collaborative
Forest Landscape Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That for the funds provided
in the preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by
substituting ``20'' for ``10'' and section 4003(d)(3)(B) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be applied by
substituting ``4'' for ``2'': Provided further, That of the funds provided,
$39,000,000 shall be for forest products: Provided further, That of the funds
provided, $175,450,000 shall be for hazardous fuels management activities, of
which not to exceed $30,000,000 may be used to make grants, using any
authorities available to the Forest Service under the ``State, Private, and
Tribal Forestry'' appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands: Provided further,
That $20,000,000 may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue grants for hazardous
fuels management activities, and for training or monitoring associated with such
hazardous fuels management activities on Federal land, or on non-Federal land if
the Secretary determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the Community Forest
Restoration Act, Public Law 106-393, title VI, shall be available for use on
non-Federal lands in accordance with authorities made available to the Forest
Service under the ``State, Private, and Tribal Forestry'' appropriation:
Provided further, That notwithstanding section 33 of the Bankhead Jones Farm
Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee
for grazing on a National Grassland, may provide a credit of up to 50 percent of
the calculated fee to a Grazing Association or direct permittee for a
conservation practice approved by the Secretary in advance of the fiscal year in
which the cost of the conservation practice is incurred, and that the amount
credited shall remain available to the Grazing Association or the direct
permittee, as appropriate, in the fiscal year in which the credit is made and
each fiscal year thereafter for use on the project for conservation practices
approved by the Secretary: Provided further, That funds appropriated to this
account shall be available for the base salary and expenses of employees that
carry out the functions funded by the ``Capital Improvement and Maintenance''
account, the ``Range Betterment Fund'' account, and the ``Management of National
Forest Lands for Subsistence Uses'' account.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided for,
$156,130,000, to remain available through September 30, 2027, for construction,
capital improvement, maintenance, and acquisition of buildings and other
facilities and infrastructure; for construction, reconstruction, and
decommissioning of roads that are no longer needed, including unauthorized roads
that are not part of the transportation system; and for maintenance of forest
roads and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That $6,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): Provided further, That $5,130,000 shall be for
projects specified for Construction Projects in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That funds becoming available in fiscal
year 2024 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to
the General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the Cache, Uinta,
and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the
Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California;
and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized
by law, $664,000, to be derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds deposited by
State, county, or municipal governments, public school districts, or other
public school authorities, and for authorized expenditures from funds deposited
by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the
Act of December 4, 1967 (16 U.S.C. 484a), to remain available through September
30, 2027, (16 U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589,
Public Law 76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and improvement,
50 percent of all moneys received during the prior fiscal year, as fees for
grazing domestic livestock on lands in National Forests in the 16 Western
States, pursuant to section 401(b)(1) of Public Law 94-579, to remain available
through September 30, 2027, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain available
through September 30, 2027, to be derived from the fund established pursuant to
the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands in
Alaska for subsistence uses under title VIII of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3111 et seq.), $1,099,000, to remain available
through September 30, 2027.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on National
Forest System lands, for emergency wildland fire suppression on or adjacent to
such lands or other lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System lands and water,
$2,312,654,000, to remain available until expended: Provided, That such funds,
including unobligated balances under this heading, are available for repayment
of advances from other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds appropriated in a
previous fiscal year for hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That such funds shall be
available to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal emergency
response: Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties: Provided further, That
funds made available under this heading in this Act and unobligated balances
made available under this heading in prior Acts, other than amounts designated
by the Congress as being for an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, shall be available, in addition to any other funds made available
for such purpose, to continue uninterrupted the Federal wildland firefighter
base salary increases provided under section 40803(d)(4)(B) of Public Law 117-
58: Provided further, That of the funds provided under this heading,
$1,011,000,000 shall be available for wildfire suppression operations, and is
provided to meet the terms of section 251(b)(2)(F)(ii)(I) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department of
Agriculture--Forest Service--Wildland Fire Management'' for wildfire suppression
operations, $2,300,000,000, to remain available until transferred, is additional
new budget authority as specified for purposes of section 251(b)(2)(F) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That such
amounts may be transferred to and merged with amounts made available under the
headings ``Department of the Interior--Department-Wide Programs--Wildland Fire
Management'' and ``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations in the fiscal year in which
such amounts are transferred: Provided further, That amounts may be transferred
to the ``Wildland Fire Management'' accounts in the Department of the Interior
or the Department of Agriculture only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression operations
funds appropriated under that heading in this and prior appropriations Acts to
the agency to which the funds will be transferred will be obligated within 30
days: Provided further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided by law: Provided
further, That, in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and prior
appropriations Acts to either the Department of Agriculture or the Department of
the Interior will be obligated within 30 days pursuant to the preceding proviso,
any funds transferred or permitted to be transferred pursuant to any other
transfer authority provided by law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the
Agriculture Improvement Act of 2018 (Public Law 115-334), shall be deposited in
the special account established by section 8705(f)(1) of such Act, shall be
available to cover the costs described in subsection (c)(3) of such section of
such Act, and shall remain available until expended: Provided, That such
amounts shall be transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year shall be
available for: (1) purchase of passenger motor vehicles; acquisition of
passenger motor vehicles from excess sources, and hire of such vehicles;
purchase, lease, operation, maintenance, and acquisition of aircraft to maintain
the operable fleet for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment under 5
U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and
interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a
note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
debt collection contracts in accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be transferred
between accounts affected by the Forest Service budget restructure outlined in
section 435 of division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94): Provided, That any transfer of funds pursuant to this
paragraph shall not increase or decrease the funds appropriated to any account
in this fiscal year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer authority provided by
law.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe burning conditions
upon the Secretary of Agriculture's notification of the House and Senate
Committees on Appropriations that all fire suppression funds appropriated under
the heading ``Wildland Fire Management'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must be replenished by
a supplemental appropriation which must be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest Service shall
be available for expenditure or transfer to the Department of the Interior for
wildland fire management, hazardous fuels management, and State fire assistance
when such transfers would facilitate and expedite wildland fire management
programs and projects.
Notwithstanding any other provision of this Act, the Forest Service may
transfer unobligated balances of discretionary funds appropriated to the Forest
Service by this Act to or within the National Forest System Account, or
reprogram funds to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System lands and water:
Provided, That such transferred funds shall remain available through September
30, 2027: Provided further, That none of the funds transferred pursuant to this
paragraph shall be available for obligation without written notification to and
the prior approval of the Committees on Appropriations of both Houses of
Congress.
Funds appropriated to the Forest Service shall be available for assistance
to or through the Agency for International Development in connection with forest
and rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States government, private sector, and international
organizations: Provided, That the Forest Service, acting for the International
Program, may sign direct funding agreements with foreign governments and
institutions as well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the Millennium Challenge
Corporation), United States private sector firms, institutions and organizations
to provide technical assistance and training programs on forestry and rangeland
management: Provided further, That to maximize effectiveness of domestic and
international research and cooperation, the International Program may utilize
all authorities related to forestry, research, and cooperative assistance
regardless of program designations.
Funds appropriated to the Forest Service shall be available to enter into a
cooperative agreement with the section 509(a)(3) Supporting Organization,
``Forest Service International Foundation'' to assist the Foundation in meeting
administrative, project, and other expenses, and may provide for the
Foundation's use of Forest Service personnel and facilities.
Funds appropriated to the Forest Service shall be available for expenditure
or transfer to the Department of the Interior, Bureau of Land Management, for
removal, preparation, and adoption of excess wild horses and burros from
National Forest System lands, and for the performance of cadastral surveys to
designate the boundaries of such lands.
None of the funds made available to the Forest Service in this Act or any
other Act with respect to any fiscal year shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture Organic Act of
1944 (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service shall be
transferred to the Working Capital Fund of the Department of Agriculture and not
more than $14,500,000 of funds available to the Forest Service shall be
transferred to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges: Provided, That nothing in
this paragraph shall prohibit or limit the use of reimbursable agreements
requested by the Forest Service in order to obtain information technology
services, including telecommunications and system modifications or enhancements,
from the Working Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000 shall be
available for priority projects within the scope of the approved budget, which
shall be carried out by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et
seq.).
Of the funds available to the Forest Service, $4,000 is available to the
Chief of the Forest Service for official reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the funds
available to the Forest Service, up to $3,000,000 may be advanced in a lump sum
to the National Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when the Foundation
incurs expenses, for projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available for
administrative expenses: Provided further, That the Foundation shall obtain, by
the end of the period of Federal financial assistance, private contributions to
match funds made available by the Forest Service on at least a one-for-one
basis: Provided further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 of the
funds available to the Forest Service may be advanced to the National Fish and
Wildlife Foundation in a lump sum to aid cost-share conservation projects,
without regard to when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That such funds
shall be matched on at least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may transfer Federal funds to
a Federal or non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Any amounts made available to the Forest Service in this fiscal year,
including available collections, may be used by the Secretary of Agriculture,
acting through the Chief of the Forest Service, to enter into Federal financial
assistance grants and cooperative agreements to support forest or grassland
collaboratives in the accomplishment of activities benefitting both the public
and the National Forest System, Federal lands and adjacent non-Federal lands.
Eligible activities are those that will improve or enhance Federal investments,
resources, or lands, including for collaborative and collaboration-based
activities, including but not limited to facilitation, planning, and
implementing projects, technical assistance, administrative functions,
operational support, participant costs, and other capacity support needs, as
identified by the Forest Service. Eligible recipients are Indian tribal entities
(defined at 25 U.S.C. 5304(e)), state government, local governments, private and
nonprofit entities, for-profit organizations, and educational institutions. The
Secretary of Agriculture, acting through the Chief of the Forest Service, may
enter into such cooperative agreements notwithstanding chapter 63 of title 31
when the Secretary determines that the public interest will be benefited and
that there exists a mutual interest other than monetary considerations.
Transactions subject to Title 2 of the Code of Federal Regulations shall be
publicly advertised and require competition when required by such Title 2. For
those transactions not subject to Title 2 of the Code of Federal Regulations,
the agency may require public advertising and competition when deemed
appropriate. The term ``forest and grassland collaboratives'' means groups of
individuals or entities with diverse interests participating in a cooperative
process to share knowledge, ideas, and resources about the protection,
restoration, or enhancement of natural and other resources on Federal and
adjacent non-Federal lands, the improvement or maintenance of public access to
Federal lands, or the reduction of risk to such lands caused by natural
disasters.
The 19th unnumbered paragraph under the heading ``Administrative Provisions,
Forest Service'' in title III of Public Law 109-54, as amended, shall be further
amended by striking ``For each fiscal year through 2009'' and inserting ``For
this fiscal year and each fiscal year thereafter'' and adding at the end the
following new sentence: ``Congress hereby ratifies and approves payments by the
Forest Service made in accordance with this paragraph to agency employees
stationed in Puerto Rico after August 2, 2005.''.
Funds appropriated to the Forest Service shall be available for interactions
with and providing technical assistance to rural communities and natural
resource-based businesses for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available for payments to
counties within the Columbia River Gorge National Scenic Area, pursuant to
section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the non-
Federal share requirement in section 502(c) of the Older Americans Act of 1965
(42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of performing
fire, administrative, and other facilities maintenance and decommissioning.
Notwithstanding any other provision of law, of any appropriations or funds
available to the Forest Service, not to exceed $500,000 may be used to reimburse
the Office of the General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or participation
requested by the Forest Service at meetings, training sessions, management
reviews, land purchase negotiations, and similar matters unrelated to civil
litigation: Provided, That future budget justifications for both the Forest
Service and the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded under title V
of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and administered by
the Forest Service shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
The Forest Service may employ or contract with an individual who is enrolled
in a training program at a longstanding Civilian Conservation Center (as defined
in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3197(d))) at regular rates of pay for necessary hours of work on National Forest
System lands.
Funds appropriated to the Forest Service shall be available to pay, from a
single account, the base salary and expenses of employees who carry out
functions funded by other accounts for Enterprise Program, Geospatial Technology
and Applications Center, remnant Natural Resource Manager, Job Corps, and
National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68 Stat.
674), the Indian Self-Determination and Education Assistance Act, the Indian
Health Care Improvement Act, and titles II and III of the Public Health Service
Act with respect to the Indian Health Service, $56,061,000, to remain available
until September 30, 2025, except as otherwise provided herein, which shall be in
addition to funds previously appropriated under this heading that became
available on October 1, 2023; in addition, $264,702,000, to remain available
until September 30, 2025, for the Electronic Health Record System and the Indian
Healthcare Improvement Fund, of which $74,138,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account; and, in addition,
$4,684,029,000, which shall become available on October 1, 2024, and remain
available through September 30, 2026, except as otherwise provided herein;
together with payments received during the fiscal year pursuant to sections
231(b) and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b), for
services furnished by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract award and thereafter
shall remain available to the tribe or tribal organization without fiscal year
limitation: Provided further, That from the amounts that become available on
October 1, 2024, $2,500,000 shall be available for grants or contracts with
public or private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further, That from
the amounts that become available on October 1, 2024, $996,755,000 shall remain
available until expended for Purchased/Referred Care: Provided further, That of
the total amount specified in the preceding proviso for Purchased/Referred Care,
$54,000,000 shall be for the Indian Catastrophic Health Emergency Fund:
Provided further, That from the amounts that become available on October 1,
2024, up to $51,000,000 shall remain available until expended for implementation
of the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That from the amounts that become available
on October 1, 2024, $58,000,000, to remain available until expended, shall be
for costs related to or resulting from accreditation emergencies, including
supplementing activities funded under the heading ``Indian Health Facilities'',
of which up to $4,000,000 may be used to supplement amounts otherwise available
for Purchased/Referred Care: Provided further, That the amounts collected by
the Federal Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding
fiscal year for breach of contracts shall be deposited in the Fund authorized by
section 108A of that Act (25 U.S.C. 1616a-1) and shall remain available until
expended and, notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-
1(c)), funds shall be available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of that Act (25 U.S.C. 1613a and
1616a): Provided further, That the amounts made available within this account
for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention,
Treatment and Recovery Services, for the Domestic Violence Prevention Program,
for the Zero Suicide Initiative, for the housing subsidy authority for civilian
employees, for Aftercare Pilot Programs at Youth Regional Treatment Centers, for
transformation and modernization costs of the Indian Health Service Electronic
Health Record system, for national quality and oversight activities, to improve
collections from public and private insurance at Indian Health Service and
tribally operated facilities, for an initiative to treat or reduce the
transmission of HIV and HCV, for a maternal health initiative, for the
Telebehaviorial Health Center of Excellence, for Alzheimer's activities, for
Village Built Clinics, for a produce prescription pilot, and for accreditation
emergencies shall be allocated at the discretion of the Director of the Indian
Health Service and shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual contracts and grants that
fall within 2 fiscal years, provided the total obligation is recorded in the
year the funds are appropriated: Provided further, That the amounts collected
by the Secretary of Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social Security Act,
except for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for scholarship
programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to the
receiving tribes and tribal organizations until expended: Provided further,
That the Bureau of Indian Affairs may collect from the Indian Health Service,
and from tribes and tribal organizations operating health facilities pursuant to
Public Law 93-638, such individually identifiable health information relating to
disabled children as may be necessary for the purpose of carrying out its
functions under the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That none of the funds provided that become
available on October 1, 2024, may be used for implementation of the Electronic
Health Record System or the Indian Health Care Improvement Fund: Provided
further, That none of the funds appropriated by this Act, or any other Act, to
the Indian Health Service for the Electronic Health Record system shall be
available for obligation or expenditure for the selection or implementation of a
new Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are consulted 90
days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract support costs
associated with Indian Self-Determination and Education Assistance Act
agreements with the Indian Health Service for fiscal year 2024, such sums as may
be necessary: Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available for transfer to
another budget account: Provided further, That amounts obligated but not
expended by a tribe or tribal organization for contract support costs for such
agreements for the current fiscal year shall be applied to contract support
costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant to
section 105(l) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5324(l)) for fiscal year 2024, such sums as may be necessary, which shall
be available for obligation through September 30, 2025: Provided, That
notwithstanding any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings; acquisition of
sites, purchase and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation facilities for Indians,
as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the
Indian Self-Determination Act, and the Indian Health Care Improvement Act, and
for expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $5,364,000, to remain available
until expended, which shall be in addition to funds previously appropriated
under this heading that became available on October 1, 2023; in addition,
$306,329,000, to remain available until expended, for Sanitation Facilities
Construction and Health Care Facilities Construction; and, in addition,
$506,854,000, which shall become available on October 1, 2024, and remain
available until expended: Provided, That notwithstanding any other provision of
law, funds appropriated for the planning, design, construction, renovation, or
expansion of health facilities for the benefit of an Indian tribe or tribes may
be used to purchase land on which such facilities will be located: Provided
further, That not to exceed $500,000 may be used for fiscal year 2025 by the
Indian Health Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and tribal facilities:
Provided further, That none of the funds provided that become available on
October 1, 2024, may be used for Health Care Facilities Construction or for
Sanitation Facilities Construction: Provided further, That of the amount
appropriated under this heading for fiscal year 2024 for Sanitation Facilities
Construction, $17,023,000 shall be for projects specified for Sanitation
Facilities Construction (CDS) in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for new homes
funded with grants by the housing programs of the United States Department of
Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the
per diem rate equivalent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of
medical equipment; purchase of reprints; purchase, renovation, and erection of
modular buildings and renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms, or allowances
therefor as authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian Health
Service: Provided, That in accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law 86-121, the Indian
Sanitation Facilities Act and Public Law 93-638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the Department of
Health and Human Services unless such assessments or charges are identified in
the budget justification and provided in this Act, or approved by the House and
Senate Committees on Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), may
be deobligated and reobligated to a self-determination contract under title I,
or a self-governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: Provided further, That none of the funds made available to the
Indian Health Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an appropriations Act
and enacted into law: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to those
entities on a reimbursable basis, including payments in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account from which the funds
were originally derived, with such amounts to remain available until expended:
Provided further, That reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead costs associated with the
provision of goods, services, or technical assistance: Provided further, That
the Indian Health Service may provide to civilian medical personnel serving in
hospitals operated by the Indian Health Service housing allowances equivalent to
those that would be provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at such hospitals:
Provided further, That the appropriation structure for the Indian Health Service
may not be altered without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental Health
Sciences in carrying out activities set forth in section 311(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $79,714,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and Disease
Registry (ATSDR) in carrying out activities set forth in sections 104(i) and
111(c)(4) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act,
$81,619,000: Provided, That notwithstanding any other provision of law, in lieu
of performing a health assessment under section 104(i)(6) of CERCLA, the
Administrator of ATSDR may conduct other appropriate health studies,
evaluations, or activities, including, without limitation, biomedical testing,
clinical evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of ATSDR shall not be
bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i)
of CERCLA during fiscal year 2024, and existing profiles may be updated as
necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council on
Environmental Quality and Office of Environmental Quality pursuant to the
National Environmental Policy Act of 1969, the Environmental Quality Improvement
Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for
official reception and representation expenses, $4,629,000: Provided, That
notwithstanding section 202 of the National Environmental Policy Act of 1970,
the Council shall consist of one member, appointed by the President, by and with
the advice and consent of the Senate, serving as chairman and exercising all
powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to section
112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902, and for services
authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per
diem equivalent to the maximum rate payable for senior level positions under 5
U.S.C. 5376, $14,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position of Inspector General
of the Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the Board: Provided
further, That notwithstanding any other provision of law, the Inspector General
of the Board shall utilize personnel of the Office of Inspector General of EPA
in performing the duties of the Inspector General of the Board, and shall not
appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian Relocation as
authorized by Public Law 93-531, $5,024,000, to remain available until expended,
which shall be derived from unobligated balances from prior year appropriations
available under this heading: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That none of
the funds contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as
of November 30, 1985, was physically domiciled on the lands partitioned to the
Hopi Tribe unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one new or
replacement home: Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received an approved
homesite on the Navajo reservation or selected a replacement residence off the
Navajo reservation or on the land acquired pursuant to section 11 of Public Law
93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native Culture
and Arts Development, as authorized by part A of title XV of Public Law 99-498
(20 U.S.C. 4411 et seq.), $13,482,000, which shall become available on July 1,
2024, and shall remain available until September 30, 2025.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized by law,
including research in the fields of art, science, and history; development,
preservation, and documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation, dissemination, and
exchange of information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation, lease agreements
of no more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109;
and purchase, rental, repair, and cleaning of uniforms for employees,
$892,855,000, to remain available until September 30, 2025, except as otherwise
provided herein; of which not to exceed $28,000,000 for the instrumentation
program, collections acquisition, exhibition reinstallation, Smithsonian
American Women's History Museum, National Museum of the American Latino, and the
repatriation of skeletal remains program shall remain available until expended;
and including such funds as may be necessary to support American overseas
research centers: Provided, That funds appropriated herein are available for
advance payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations designated in this Act
for lease or rent payments, as rent payable to the Smithsonian Institution, and
such rent payments may be deposited into the general trust funds of the
Institution to be available as trust funds for expenses associated with the
purchase of a portion of the building at 600 Maryland Avenue, SW, Washington,
DC, to the extent that federally supported activities will be housed there:
Provided further, That the use of such amounts in the general trust funds of the
Institution for such purpose shall not be construed as Federal debt service for,
a Federal guarantee of, a transfer of risk to, or an obligation of the Federal
Government: Provided further, That no appropriated funds may be used directly
to service debt which is incurred to finance the costs of acquiring a portion of
the building at 600 Maryland Avenue, SW, Washington, DC, or of planning,
designing, and constructing improvements to such building: Provided further,
That any agreement entered into by the Smithsonian Institution for the sale of
its ownership interest, or any portion thereof, in such building so acquired may
not take effect until the expiration of a 30 day period which begins on the date
on which the Secretary of the Smithsonian submits to the Committees on
Appropriations of the House of Representatives and Senate, the Committees on
House Administration and Transportation and Infrastructure of the House of
Representatives, and the Committee on Rules and Administration of the Senate a
report, as outlined in the explanatory statement described in section 4 of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat.
2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract or
otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat.
623), and for construction, including necessary personnel, $197,645,000, to
remain available until expended, of which not to exceed $10,000 shall be for
services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the protection
and care of the works of art therein, and administrative expenses incident
thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by
the public resolution of April 13, 1939 (Public Resolution 9, 76th Congress),
including services as authorized by 5 U.S.C. 3109; payment in advance when
authorized by the treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general public;
purchase, repair, and cleaning of uniforms for guards, and uniforms, or
allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-
5902); purchase or rental of devices and services for protecting buildings and
contents thereof, and maintenance, alteration, improvement, and repair of
buildings, approaches, and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by contracts made,
without advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem proper,
$174,760,000, to remain available until September 30, 2025, of which not to
exceed $3,875,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation of buildings,
grounds and facilities owned or occupied by the National Gallery of Art, by
contract or otherwise, for operating lease agreements of no more than 10 years,
that address space needs created by the ongoing renovations in the Master
Facilities Plan, as authorized, $34,480,000, to remain available until expended:
Provided, That of this amount, $24,574,000 shall be available for design and
construction of an off-site art storage facility in partnership with the
Smithsonian Institution and may be transferred to the Smithsonian Institution
for such purposes: Provided further, That contracts awarded for environmental
systems, protection systems, and exterior repair or renovation of buildings of
the National Gallery of Art may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and security of the
John F. Kennedy Center for the Performing Arts, including rent of temporary
office space in the District of Columbia during renovations of such Center,
$32,293,000, to remain available until September 30, 2025.
capital repair and restoration
For necessary expenses for capital repair and restoration of the existing
features of the building and site of the John F. Kennedy Center for the
Performing Arts, $12,633,000, to remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow Wilson
Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and
services as authorized by 5 U.S.C. 3109, $15,000,000, to remain available until
September 30, 2025.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the Arts and
the Humanities Act of 1965, $207,000,000 shall be available to the National
Endowment for the Arts for the support of projects and productions in the arts,
including arts education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the Arts and
the Humanities Act of 1965, $207,000,000, to remain available until expended, of
which $192,000,000 shall be available for support of activities in the
humanities, pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $15,000,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the Act, including
$13,000,000 for the purposes of section 7(h): Provided, That appropriations for
carrying out section 10(a)(2) shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts, bequests, devises of
money, and other property accepted by the chairman or by grantees of the
National Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the Arts and
the Humanities may be used to process any grant or contract documents which do
not include the text of 18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses: Provided further, That
funds from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the Chairperson
of the National Endowment for the Arts may approve grants of up to $10,000, if
in the aggregate the amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided further, That such
small grant actions are taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts to the
Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of title 40,
United States Code, $3,661,000: Provided, That the Commission is authorized to
charge fees to cover the full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to remain available until
expended without further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork, drawings and
artifacts, that pertain to the history and design of the Nation's Capital or the
history and activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further, That one-tenth of one
percent of the funds provided under this heading may be used for official
reception and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 956a),
$5,000,000: Provided, That the item relating to ``National Capital Arts and
Cultural Affairs'' in the Department of the Interior and Related Agencies
Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law
99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2024 in the second
paragraph by inserting ``, calendar year 2020 excluded'' before the first
period: Provided further, That in determining an eligible organization's annual
income for calendar years 2021, 2022, and 2023, funds or grants received by the
eligible organization from any supplemental appropriations made available in
2020 and 2021 in connection with the public health emergency declared by the
Secretary of Health and Human Services on January 31, 2020 (including renewals
thereof) shall be counted as part of the eligible organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic Preservation
(Public Law 89-665), $8,585,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission under
chapter 87 of title 40, United States Code, including services as authorized by
5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of 1 percent of the funds
provided under this heading may be used for official reception and
representational expenses associated with hosting international visitors engaged
in the planning and physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by Public Law
106-292 (36 U.S.C. 2301-2310), $65,231,000, of which $1,000,000 shall remain
available until September 30, 2026, for the Museum's equipment replacement
program; and of which $4,000,000 for the Museum's repair and rehabilitation
program and $1,264,000 for the Museum's outreach initiatives program shall
remain available until expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the Secretary of
the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333), in an amount not to exceed
$90,000,000.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States Semiquincentennial Commission to
plan and coordinate observances and activities associated with the 250th
anniversary of the founding of the United States, as authorized by Public Law
116-282, the technical amendments to Public Law 114-196, $15,000,000, to remain
available until September 30, 2025.
TITLE IV
GENERAL PROVISIONS
(including transfers and rescissions of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall be
available for any activity or the publication or distribution of literature that
in any way tends to promote public support or opposition to any legislative
proposal on which Congressional action is not complete other than to communicate
to Members of Congress as described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges, deductions,
reserves, or holdbacks, including working capital fund charges, from programs,
projects, activities and subactivities to support government-wide, departmental,
agency, or bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of Representatives and
the Senate. Changes to such estimates shall be presented to the Committees on
Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated or
otherwise made available pursuant to this Act shall be obligated or expended to
accept or process applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of the
Interior determines that, for the claim concerned: (1) a patent application was
filed with the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and
2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the
case may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2025, the Secretary of the Interior shall file
with the House and Senate Committees on Appropriations and the Committee on
Natural Resources of the House and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department of the Interior and
Related Agencies Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications in a
timely and responsible manner, upon the request of a patent applicant, the
Secretary of the Interior shall allow the applicant to fund a qualified third-
party contractor to be selected by the Director of the Bureau of Land Management
to conduct a mineral examination of the mining claims or mill sites contained in
a patent application as set forth in subsection (b). The Bureau of Land
Management shall have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed by the Bureau of
Land Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated and
Further Continuing Appropriations Act, 2015 (Public Law 113-235) shall continue
in effect in fiscal year 2024.
contract support costs, fiscal year 2024 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2024 under the
headings ``Department of Health and Human Services, Indian Health Service,
Contract Support Costs'' and ``Department of the Interior, Bureau of Indian
Affairs and Bureau of Indian Education, Contract Support Costs'' are the only
amounts available for contract support costs arising out of self-determination
or self-governance contracts, grants, compacts, or annual funding agreements for
fiscal year 2024 with the Bureau of Indian Affairs, Bureau of Indian Education,
and the Indian Health Service: Provided, That such amounts provided by this Act
are not available for payment of claims for contract support costs for prior
years, or for repayments of payments for settlements or judgments awarding
contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to be in
violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the National Forest
System. Nothing in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral Leasing Act
(30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) within the boundaries of a National Monument established pursuant to
the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on
January 20, 2001, except where such activities are allowed under the
Presidential proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated in this
Act for the acquisition of lands or interests in lands may be expended for the
filing of declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations: Provided, That
this provision shall not apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to funds appropriated for
Federal assistance to the State of Florida to acquire lands for Everglades
restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made available by
this Act to executive branch agencies may be used to enter into any Federal
contract unless such contract is entered into in accordance with the
requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be entered
into without regard for these requirements, including formula grants for
States, or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-Determination and
Education Assistance Act (Public Law 93-638, 25 U.S.C. 5301 et seq.) or
by any other Federal laws that specifically authorize a contract within
an Indian tribe as defined in section 4(e) of that Act (25 U.S.C.
5304(e)); or
(3) such contract was awarded prior to the date of enactment of this
Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this Act, shall,
subject to subsections (b) and (c), post on the public website of that agency
any report required to be submitted by the Congress in this or any other Act,
upon the determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national security;
or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only after such
report has been made available to the requesting Committee or Committees of
Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the Arts--
(1) The Chairperson shall only award a grant to an individual if
such grant is awarded to such individual for a literature fellowship,
National Heritage Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure that no
funding provided through a grant, except a grant made to a State or
local arts agency, or regional group, may be used to make a grant to any
other organization or individual to conduct activity independent of the
direct grant recipient. Nothing in this subsection shall prohibit
payments made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group, unless
the application is specific to the contents of the season, including
identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial assistance under
the National Foundation on the Arts and the Humanities Act of 1965 from funds
appropriated under this Act, the Chairperson of the National Endowment for the
Arts shall ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors such
as a high incidence of income below the poverty line or to geographic
isolation.
(2) The term ``poverty line'' means the poverty line (as defined by
the Office of Management and Budget, and revised annually in accordance
with section 673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(c) In providing services and awarding financial assistance under the
National Foundation on the Arts and Humanities Act of 1965 with funds
appropriated by this Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of the
National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for projects,
productions, workshops, or programs that are of national impact or
availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent, in
the aggregate, of such funds to any single State, excluding grants made
under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and by
State, on grants awarded by the Chairperson in each grant category under
section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to improve and
support community-based music performance and education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental Protection
Agency, the Forest Service, and the Indian Health Service shall provide the
Committees on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations including all
uncommitted, committed, and unobligated funds in each program and activity
within 60 days of enactment of this Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public Law 108-108
(117 Stat. 1307), regarding grazing permits issued by the Forest Service on any
lands not subject to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal
year 2024.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network is designed to
block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law, the Secretary of
the Interior, with respect to land administered by the Bureau of Land
Management, or the Secretary of Agriculture, with respect to land administered
by the Forest Service (referred to in this section as the ``Secretary
concerned''), may transfer excess wild horses and burros that have been removed
from land administered by the Secretary concerned to other Federal, State, and
local government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection (a)
immediately on the request of a Federal, State, or local government agency.
(c) An excess wild horse or burro transferred under subsection (a) shall
lose status as a wild free-roaming horse or burro (as defined in section 2 of
Public Law 92-195 (commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an excess wild
horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in the
destruction of the horse or burro into a commercial product;
(2) sell or otherwise transfer the horse or burro in a manner that
results in the destruction of the horse or burro for processing into a
commercial product; or
(3) euthanize the horse or burro, except on the recommendation of a
licensed veterinarian in a case of severe injury, illness, or advanced
age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild horse or
burro under the jurisdiction of the Secretary concerned (including a
contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a commercial
product.
forest service facility realignment and enhancement authorization extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d note) shall
be applied by substituting ``September 30, 2024'' for ``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State water pollution
control revolving fund as authorized by section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system or treatment works
unless all of the iron and steel products used in the project are produced in
the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined pipes and
fittings, manhole covers and other municipal castings, hydrants, tanks, flanges,
pipe clamps and restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases in which
the Administrator of the Environmental Protection Agency (in this section
referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the public
interest;
(2) iron and steel products are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than 25
percent.
(c) If the Administrator receives a request for a waiver under this section,
the Administrator shall make available to the public on an informal basis a copy
of the request and information available to the Administrator concerning the
request, and shall allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The Administrator shall
make the request and accompanying information available by electronic means,
including on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with United States
obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State Revolving Funds
for carrying out the provisions described in subsection (a)(1) for management
and oversight of the requirements of this section.
local cooperator training agreements and transfers of excess equipment and
supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to enter into grants
and cooperative agreements with volunteer fire departments, rural fire
departments, rangeland fire protection associations, and similar organizations
to provide for wildland fire training and equipment, including supplies and
communication devices. Notwithstanding section 121(c) of title 40, United States
Code, or section 521 of title 40, United States Code, the Secretary is further
authorized to transfer title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the Department's
wildland fire management program to such organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6809) shall be applied by substituting ``October 1, 2025'' for
``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in this and prior
fiscal years, may be reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74 shall be applied
by substituting ``fiscal year 2024'' for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161 (121 Stat 1844),
as amended, shall be applied by substituting ``fiscal year 2024'' for ``fiscal
year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76 (16 U.S.C. 565a-1
note) shall be applied by substituting ``September 30, 2024'' for ``September
30, 2019''.
forest botanical products fee collection authorization extension
Sec. 426. Section 339 of the Department of the Interior and Related
Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106-113; 16
U.S.C. 528 note), as amended by section 335(6) of Public Law 108-108 and section
432 of Public Law 113-76, shall be applied by substituting ``fiscal year 2024''
for ``fiscal year 2019''.
chaco canyon
Sec. 427. None of the funds made available by this Act may be used to
accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq., or to
offer for oil and gas leasing, any Federal lands within the withdrawal area
identified on the map of the Chaco Culture National Historical Park prepared by
the Bureau of Land Management and dated April 2, 2019, prior to the completion
of the cultural resources investigation identified in the explanatory statement
described in section 4 in the matter preceding division A of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
tribal leases
Sec. 428. (a) Notwithstanding any other provision of law, in the case of any
lease under section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall commence no
earlier than the date of receipt of the lease proposal.
(b) The Secretaries of the Interior and Health and Human Services shall,
jointly or separately, during fiscal year 2024 consult with tribes and tribal
organizations through public solicitation and other means regarding the
requirements for leases under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)) on how to implement a
consistent and transparent process for the payment of such leases.
forest ecosystem health and recovery fund
Sec. 429. The authority provided under the heading ``Forest Ecosystem
Health and Recovery Fund'' in title I of Public Law 111-88, as amended by
section 117 of division F of Public Law 113-235, shall be applied by
substituting ``fiscal year 2024'' for ``fiscal year 2020'' each place it
appears.
allocation of projects, national parks and public land legacy restoration fund
and land and water conservation fund
Sec. 430. (a)(1) Within 45 days of enactment of this Act, the Secretary of
the Interior shall allocate amounts made available from the National Parks and
Public Land Legacy Restoration Fund for fiscal year 2024 pursuant to subsection
(c) of section 200402 of title 54, United States Code, and as provided in
subsection (e) of such section of such title, to the agencies of the Department
of the Interior and the Department of Agriculture specified, in the amounts
specified, for the stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds: National Parks
and Public Land Legacy Restoration Fund Fiscal Year 2024'' in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of the Interior
and the Secretary of Agriculture, as appropriate, shall allocate amounts made
available for expenditure from the Land and Water Conservation Fund for fiscal
year 2024 pursuant to subsection (a) of section 200303 of title 54, United
States Code, to the agencies and accounts specified, in the amounts specified,
and for the projects and activities specified in the table titled ``Allocation
of Funds: Land and Water Conservation Fund Fiscal Year 2024'' in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section, neither
the President nor his designee may allocate any amounts that are made available
for any fiscal year under subsection (c) of section 200402 of title 54, United
States Code, or subsection (a) of section 200303 of title 54, United States
Code, other than in amounts and for projects and activities that are allocated
by subsections (a)(1) and (a)(2) of this section: Provided, That in any fiscal
year, the matter preceding this proviso shall not apply to the allocation of
amounts for continuing administration of programs allocated funds from the
National Parks and Public Land Legacy Restoration Fund or the Land and Water
Conservation Fund, which may be allocated only in amounts that are no more than
the allocation for such purposes in subsections (a)(1) and (a)(2) of this
section.
(c) The Secretary of the Interior and the Secretary of Agriculture may
reallocate amounts from each agency's ``Contingency Fund'' line in the table
titled ``Allocation of Funds: National Parks and Public Land Legacy Restoration
Fund Fiscal Year 2024'' to any project funded by the National Parks and Public
Land Legacy Restoration Fund within the same agency, from any fiscal year, that
experienced a funding deficiency due to unforeseen cost overruns, in accordance
with the following requirements:
(1) ``Contingency Fund'' amounts may only be reallocated if there is
a risk to project completion resulting from unforeseen cost overruns;
(2) ``Contingency Fund'' amounts may only be reallocated for cost of
adjustments and changes within the original scope of effort for projects
funded by the National Parks and Public Land Legacy Restoration Fund;
and
(3) The Secretary of the Interior or the Secretary of Agriculture
must provide written notification to the Committees on Appropriations 30
days before taking any actions authorized by this subsection if the
amount reallocated from the ``Contingency Fund'' line for a project is
projected to be 10 percent or greater than the following, as applicable:
(A) The amount allocated to that project in the table titled
``Allocation of Funds: National Parks and Public Land Legacy
Restoration Fund Fiscal Year 2024'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act); or
(B) The initial estimate in the most recent report
submitted, prior to enactment of this Act, to the Committees on
Appropriations pursuant to section 431(e) of division G of the
Consolidated Appropriations Act, 2023 (Public Law 117-328).
(d)(1) Concurrent with the annual budget submission of the President for
fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture
shall each submit to the Committees on Appropriations of the House of
Representatives and the Senate project data sheets for the projects in the
``Submission of Annual List of Projects to Congress'' required by section
200402(h) of title 54, United States Code: Provided, That the ``Submission of
Annual List of Projects to Congress'' must include a ``Contingency Fund'' line
for each agency within the allocations defined in subsection (e) of section
200402 of title 54, United States Code: Provided further, That in the event
amounts allocated by this Act or any prior Act for the National Parks and Public
Land Legacy Restoration Fund are no longer needed to complete a specified
project, such amounts may be reallocated in such submission to that agency's
``Contingency Fund'' line: Provided further, That any proposals to change the
scope of or terminate a previously approved project must be clearly identified
in such submission.
(2)(A) Concurrent with the annual budget submission of the President for
fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture
shall each submit to the Committees on Appropriations of the House of
Representatives and the Senate a list of supplementary allocations for Federal
land acquisition and Forest Legacy Projects at the National Park Service, the
U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S.
Forest Service that are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States Code, that are
prioritized and detailed by account, program, and project, and that total no
less than half the full amount allocated to each account for that land
management Agency under the allocations submitted under section 200303(c)(1) of
title 54, United States Code: Provided, That in the event amounts allocated by
this Act or any prior Act pursuant to subsection (a) of section 200303 of title
54, United States Code are no longer needed because a project has been completed
or can no longer be executed, such amounts must be clearly identified if
proposed for reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects in the
``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54,
United States Code, and on the list of supplementary allocations required by
subparagraph (A) shall be comprised only of projects for which a willing seller
has been identified and for which an appraisal or market research has been
initiated.
(C) Concurrent with the annual budget submission of the President for fiscal
year 2025, the Secretary of the Interior and the Secretary of Agriculture shall
each submit to the Committees on Appropriations of the House of Representatives
and the Senate project data sheets in the same format and containing the same
level of detailed information that is found on such sheets in the Budget
Justifications annually submitted by the Department of the Interior with the
President's Budget for the projects in the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States Code, and in the
same format and containing the same level of detailed information that is found
on such sheets submitted to the Committees pursuant to section 427 of division D
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) for the
list of supplementary allocations required by subparagraph (A).
(e) The Department of the Interior and the Department of Agriculture shall
provide the Committees on Appropriations of the House of Representatives and
Senate quarterly reports on the status of balances of projects and activities
funded by the National Parks and Public Land Legacy Restoration Fund for amounts
allocated pursuant to subsection (a)(1) of this section and the status of
balances of projects and activities funded by the Land and Water Conservation
Fund for amounts allocated pursuant to subsection (a)(2) of this section,
including all uncommitted, committed, and unobligated funds, and, for amounts
allocated pursuant to subsection (a)(1) of this section, National Parks and
Public Land Legacy Restoration Fund amounts reallocated pursuant to subsection
(c) of this section.
policies relating to biomass energy
Sec. 431. To support the key role that forests in the United States can
play in addressing the energy needs of the United States, the Secretary of
Energy, the Secretary of Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions, jointly--
(1) ensure that Federal policy relating to forest bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that--
(A) reflect the carbon neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the use
of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
small remote incinerators
Sec. 432. None of the funds made available in this Act may be used to
implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60
subparts CCCC and DDDD with respect to units in the State of Alaska that are
defined as ``small, remote incinerator'' units in those regulations and, until a
subsequent regulation is issued, the Administrator shall implement the law and
regulations in effect prior to such date.
timber sale requirements
Sec. 433. No timber sale in Alaska's Region 10 shall be advertised if the
indicated rate is deficit (defined as the value of the timber is not sufficient
to cover all logging and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when appraised using a
residual value appraisal. The western red cedar timber from those sales which is
surplus to the needs of the domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar volume not sold to
Alaska or contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election of the timber sale
holder.
transfer authority to federal highway administration for the national parks and
public land legacy restoration fund
Sec. 434. Funds made available or allocated in this Act to the Department
of the Interior or the Department of Agriculture that are subject to the
allocations and limitations in 54 U.S.C. 200402(e) and prohibitions in 54 U.S.C.
200402(f) may be further allocated or reallocated to the Federal Highway
Administration for transportation projects of the covered agencies defined in 54
U.S.C. 200401(2).
prohibition on use of funds
Sec. 435. Notwithstanding any other provision of law, none of the funds
made available in this Act or any other Act may be used to promulgate or
implement any regulation requiring the issuance of permits under title V of the
Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes associated with
livestock production.
greenhouse gas reporting restrictions
Sec. 436. Notwithstanding any other provision of law, none of the funds
made available in this or any other Act may be used to implement any provision
in a rule, if that provision requires mandatory reporting of greenhouse gas
emissions from manure management systems.
funding prohibition
Sec. 437. None of the funds made available by this or any other Act may be
used to regulate the lead content of ammunition, ammunition components, or
fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.)
or any other law.
firefighter pay cap
Sec. 438. Section 1701 of division B of the Extending Government Funding
and Delivering Emergency Assistance Act (5 U.S.C. 5547 note), as amended by
Public Law 117-103, is further amended--
(1) in subsection (a)(1), by striking the last sentence and
inserting ``Any Services during a given calendar year that generate
payments payable in the subsequent calendar year shall be disregarded in
applying this subsection''; and
(2) in subsections (a), (b), and (c) by inserting ``or 2024'' after
``or 2023'' each place it appears.
technical correction
Sec. 439. In the table entitled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed Spending Items'' in the
explanatory statement described in section 4 in the matter preceding division A
of Public Law 117-328 and in the table under the heading ``Disclosure of
Earmarks and Congressionally Directed Spending Items'' in such explanatory
statement, the project relating to ``Historic Campbell Chapel Restoration
Committee for the Restoration of Historic Campbell Chapel'' is deemed to be
amended by striking ``Historic Preservation Fund--Save America's Treasures
Grants'' and inserting ``Historic Preservation Fund--Historic Preservation Fund
Grants''.
alaska native regional health entities authorization extension
Sec. 440. Section 424(a) of title IV of division G of the Consolidated
Appropriations Act, 2014 (Public Law 113-76) shall be applied by substituting
``October 1, 2024'' for ``December 24, 2022''.
lava ridge wind project
Sec. 441. (a) None of the funds made available by this Act may be obligated
or expended for the purpose of granting, issuing, or renewing a right-of-way
under section 501 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1761) for the Lava Ridge Wind Project, unless or until the Secretary of
the Interior, acting through the Bureau of Land Management, has analyzed, in
consultation with local elected officials and stakeholders, action alternatives
designed to reduce impacts to wildlife, cultural resources, transportation,
hunting, wetlands and the connected surface and ground waters. The Secretary
shall complete such consultations, and seek feedback regarding action
alternatives, not later than September 30, 2024, and no funds made available in
this Act shall be used for granting, issuing, or renewing a right-of-way under
section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1761) for the Lava Ridge Wind Project while such consultations and efforts are
ongoing.
(b) Prior to granting, issuing, or renewing a right-of-way under section 501
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the
Lava Ridge Wind Project, the Secretary shall periodically report to the House
and Senate Committees on Appropriations on the status of consultations required
under subsection (a) and, once such consultations are complete, provide a
briefing to the Committees on the action alternatives and the feedback of local
elected officials and stakeholders.
limitation
Sec. 442. If requested by the claimant of any mining claim located within
the area covered by Public Land Order 7921, the Bureau of Land Management shall
prioritize completion of a validity determination for such claim. The Bureau of
Land Management shall strive to complete any such validity determination not
later than 3 years of receipt of the request.
good neighbor authority
Sec. 443. Section 8206 of the Agriculture Act of 2014 (16 U.S.C. 2113a), as
amended by section 8624 of the Agriculture Improvement Act of 2018 (Public Law
115-334) and the Consolidated Appropriation Act, 2023 (Public Law 117-328), is
further amended--
(1) in subsection (a)(3)(A), by adding before the period: ``; or''
``(iii) National Park System land; or
``(iv) National Wildlife Refuge Land'';
(2) in subsection (a)(4)(B)(i), by striking ``or'' after ``National
Forest System'' and inserting ``,'';
(3) in subsection (a)(4)(B)(i), by inserting ``, National Park
Service, or National Wildlife Refuge'' after ``Bureau of Land
Management'';
(4) in subsection (b)(2)(C)(ii), by striking ``2023'' and inserting
``2024'';
(5) in subsection (b)(4) by striking ``land or'' and inserting
``,''; and
(6) in subsection (b)(4) by inserting ``, National Park System, or
U.S. Fish and Wildlife Service'' after ``Bureau of Land Management''.
forest service nonrecurring expense fund
Sec. 444. There is hereby established in the Treasury of the United States
a fund to be known as the ``Forest Service Nonrecurring Expenses Fund'' (the
Fund): Provided, That unobligated balances of expired discretionary funds, and
discretionary no-year funds at least four years old and deemed by the Chief of
the Forest Service no longer needed for their intended purpose, appropriated for
this or any succeeding fiscal year from the general fund of the Treasury to the
Forest Service by this or any other Act may be transferred into the Fund:
Provided further, That amounts deposited in the Fund shall be available until
expended, and in addition to such other funds as may be available, for
information technology; administrative expenses such as, but not limited to,
utility and lease payments; facilities infrastructure maintenance, improvements,
and construction; and roads infrastructure maintenance, subject to approval by
the Office of Management and Budget: Provided further, That amounts in the Fund
may not be obligated without written notification to and the prior approval of
the Committees on Appropriations of the House of Representatives and the Senate
in conformance with the reprogramming guidelines described in this Act.
world war i centennial commission
Sec. 445. In addition to the authority provided by section 6(g) of the
World War I Centennial Commission Act, as authorized by the World War I
Centennial Commission Act (Public Law 112-272) and the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291), the World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
rescission
Sec. 446. Of the unobligated balances from discretionary amounts made
available for fiscal year 2020 or prior fiscal years and derived from the Land
and Water Conservation Fund, the following are hereby permanently rescinded--
(1) $89,000,000 from National Park Service grant programs with
unobligated carryover balances; and
(2) $5,000,000 from the Bureau of Land Management:
Provided, That no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
rescission
Sec. 447. Of the unobligated balances from amounts made available by
section 11001 of Public Law 117-2, $350,000,000 are hereby permanently
rescinded.
rescission
Sec. 448. Of the unobligated balances from amounts made available for
fiscal year 2023 or prior fiscal years under the heading ``Department of Health
and Human Services--Indian Health Service--Indian Health Services'' for costs
related to or resulting from accreditation emergencies, $90,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a concurrent
resolution on the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
This division may be cited as the ``Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2024''.
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $191,295,000, to
remain available until September 30, 2025: Provided, That of the sums
appropriated under this heading--
(1) $3,770,000 shall be available for the immediate Office of the
Secretary;
(2) $1,370,000 shall be available for the immediate Office of the
Deputy Secretary;
(3) $32,272,000 shall be available for the Office of the General
Counsel;
(4) $20,064,000 shall be available for the Office of the Under
Secretary of Transportation for Policy, of which $2,000,000 is for the
Office for Multimodal Freight Infrastructure and Policy: Provided, That
the Secretary must obtain reprogramming approval from the House and
Senate Committees on Appropriations under section 405 of this Act prior
to executing the authorities of section 118(g)(2)-(3) of title 49,
United States Code;
(5) $22,724,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs;
(6) $7,138,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs;
(7) $43,284,000 shall be available for the Office of the Assistant
Secretary for Administration;
(8) $6,244,000 shall be available for the Office of Public Affairs
and Public Engagement;
(9) $2,515,000 shall be available for the Office of the Executive
Secretariat;
(10) $16,506,000 shall be available for the Office of Intelligence,
Security, and Emergency Response;
(11) $33,879,000 shall be available for the Office of the Chief
Information Officer; and
(12) $1,529,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation (referred to in this
title as the ``Secretary'') is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers: Provided
further, That notice of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on Appropriations:
Provided further, That not to exceed $70,000 shall be for allocation within the
Department for official reception and representation expenses as the Secretary
may determine: Provided further, That notwithstanding any other provision of
law, there may be credited to this appropriation up to $2,500,000 in funds
received in user fees.
research and technology
For necessary expenses related to the Office of the Assistant Secretary for
Research and Technology, $49,040,000, of which $22,500,000 shall remain
available until expended: Provided, That of such amounts that are available
until expended, $10,000,000 shall be for necessary expenses of the Advanced
Research Projects Agency--Infrastructure (ARPA-I) as authorized by section 119
of title 49, United States Code: Provided further, That within the funds made
available under the preceding proviso, not less than $8,000,000 shall be
available for research on durability, resiliency, and sustainability of bridges
and other infrastructure and shall be directed to an accredited university of
higher education in the northeast United States that has experience leading a
regional university transportation center and a proven record of developing,
patenting, deploying, and commercializing innovative composite materials and
technologies for bridge and other transportation applications, as well as
conducting research and developing prototypes using very large-scale polymer-
based additive manufacturing: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from States,
counties, municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a reference to the
Office of the Assistant Secretary for Research and Technology of the Department
of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional project assistance
grant program under section 6702 of title 49, United States Code, $345,000,000,
to remain available until expended: Provided, That section 6702(f)(2) of title
49, United States Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That of the amounts made available under
this heading in this Act, not less than 5 percent shall be awarded to projects
in historically disadvantaged communities or areas of persistent poverty as
defined under section 6702(a)(1) of title 49, United States Code: Provided
further, That grants awarded under this heading in this Act for eligible
projects for planning, preparation, or design shall not be subject to a minimum
grant size: Provided further, That in distributing amounts made available under
this heading in this Act, the Secretary shall take such measures so as to ensure
an equitable geographic distribution of funds, an appropriate balance in
addressing the needs of urban and rural areas, including Tribal areas, and the
investment in a variety of transportation modes: Provided further, That for
amounts made available under this heading in this Act, the Secretary shall give
priority to projects that require a contribution of Federal funds in order to
complete an overall financing package: Provided further, That section
6702(f)(1) of title 49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further, That of the amounts
awarded under this heading in this Act, not more than 50 percent shall be
allocated for eligible projects located in rural areas and not more than 50
percent shall be allocated for eligible projects located in urbanized areas:
Provided further, That for the purpose of determining if an award for planning,
preparation, or design under this heading in this Act is an urban award, the
project location is the location of the project being planned, prepared, or
designed: Provided further, That the Secretary may retain up to 2 percent of
the amounts made available under this heading in this Act, and may transfer
portions of such amounts to the Administrators of the Federal Aviation
Administration, the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the Maritime
Administration to fund the award and oversight of grants and credit assistance
made under the program authorized under section 6702 of title 49, United States
Code: Provided further, That for amounts made available under this heading in
this Act, the Secretary shall consider and award projects based solely on the
selection criteria as identified under section 6702(d)(3) and (d)(4) of title
49, United States Code.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and Innovative
Finance Bureau as authorized by 49 U.S.C. 116, $9,558,000, to remain available
until expended: Provided, That the Secretary may collect and spend fees, as
authorized by title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until expended to
pay for such costs: Provided further, That such amounts are in addition to
other amounts made available for such purposes and are not subject to any
obligation limitation or the limitation on administrative expenses under section
608 of title 23, United States Code.
rural and tribal infrastructure advancement
For necessary expenses to carry out rural and Tribal infrastructure
advancement as authorized in section 21205 of Public Law 117-58, $25,000,000, to
remain available until September 30, 2026: Provided, That the Secretary may
enter into cooperative agreements with philanthropic entities, non-profit
organizations, other Federal agencies, State or local governments and their
agencies, Indian Tribes, or other technical assistance providers, to provide
such technical assistance, planning, and capacity building to State, local, or
Tribal governments, United States territories, metropolitan planning
organizations, transit agencies, or other political subdivisions of State or
local governments.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan guarantees
pursuant to chapter 224 of title 49, United States Code, and such authority
shall exist as long as any such direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business processes,
$5,000,000, to remain available through September 30, 2025.
cyber security initiatives
For necessary expenses for cyber security initiatives, including necessary
upgrades to network and information technology infrastructure, improvement of
identity management and authentication capabilities, securing and protecting
data, implementation of Federal cyber security initiatives, and implementation
of enhanced security controls on agency computers and mobile devices,
$49,000,000, to remain available until September 30, 2025.
office of civil rights
For necessary expenses of the Office of Civil Rights, $18,228,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning, research,
systems development, development activities, and making grants, $24,369,000, to
remain available until expended: Provided, That of such amount, $5,436,000
shall be for necessary expenses of the Interagency Infrastructure Permitting
Improvement Center (IIPIC): Provided further, That there may be transferred to
this appropriation, to remain available until expended, amounts transferred from
other Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided further, That
the tools and analysis developed by the IIPIC shall be available to other
Federal agencies for the permitting and review of major infrastructure projects
not related to transportation only to the extent that other Federal agencies
provide funding to the Department in accordance with the preceding proviso:
Provided further, That of the amounts made available under this heading,
$3,443,000 shall be made available for the purposes, and in amounts, specified
for Congressionally Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act).
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $522,165,000, shall be paid from
appropriations made available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis to entities within
the Department of Transportation: Provided further, That the limitation in the
preceding proviso on operating expenses shall not apply to entities external to
the Department of Transportation or for funds provided in Public Law 117-58:
Provided further, That no funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and approval of the
Secretary: Provided further, That no assessments may be levied against any
program, budget activity, subactivity, or project funded by this Act unless
notice of such assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business utilization and
outreach activities, $5,330,000, to remain available until September 30, 2025:
Provided, That notwithstanding section 332 of title 49, United States Code, such
amounts may be used for business opportunities related to any mode of
transportation: Provided further, That appropriations made available under this
heading shall be available for any purpose consistent with prior year
appropriations that were made available under the heading ``Office of the
Secretary--Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry out the
essential air service program under sections 41731 through 41742 of title 49,
United States Code, $348,554,000, to be derived from the Airport and Airway
Trust Fund, to remain available until expended: Provided, That in determining
between or among carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of the carriers:
Provided further, That basic essential air service minimum requirements shall
not include the 15-passenger capacity requirement under section 41732(b)(3) of
title 49, United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section 41742(b) of
title 49, United States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such amounts from fees
credited to the account established under section 45303 of title 49, United
States Code: Provided further, That, notwithstanding section 41733 of title 49,
United States Code, for fiscal year 2024, the requirements established under
subparagraphs (B) and (C) of section 41731(a)(1) of title 49, United States
Code, and the subsidy cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000, shall not apply to
maintain eligibility under section 41731 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescissions)
(including transfer of funds)
Sec. 101. None of the funds made available by this Act to the Department of
Transportation may be obligated for the Office of the Secretary of
Transportation to approve assessments or reimbursable agreements pertaining to
funds appropriated to the operating administrations in this Act, except for
activities underway on the date of enactment of this Act, unless such
assessments or agreements have completed the normal reprogramming process for
congressional notification.
Sec. 102. The Secretary shall post on the web site of the Department of
Transportation a schedule of all meetings of the Council on Credit and Finance,
including the agenda for each meeting, and require the Council on Credit and
Finance to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital Fund is authorized to
provide partial or full payments in advance and accept subsequent reimbursements
from all Federal agencies from available funds for transit benefit distribution
services that are necessary to carry out the Federal transit pass transportation
fringe benefit program under Executive Order No. 13150 and section 3049 of
SAFETEA-LU (5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be expended in
advance to provide uninterrupted transit benefits to Government employees:
Provided further, That such reserve shall not exceed 1 month of benefits payable
and may be used only for the purpose of providing for the continuation of
transit benefits: Provided further, That the Working Capital Fund shall be
fully reimbursed by each customer agency from available funds for the actual
cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital Fund, as
authorized by section 327 of title 49, United States Code, for unused transit
and van pool benefits, in an amount not to exceed 10 percent of fiscal year 2024
collections, shall be available until expended in the Department's Working
Capital Fund to provide contractual services in support of section 189 of this
Act: Provided, That obligations in fiscal year 2024 of such collections shall
not exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated or expended for
retention or senior executive bonuses for an employee of the Department of
Transportation without the prior written approval of the Assistant Secretary for
Administration.
Sec. 106. In addition to authority provided by section 327 of title 49,
United States Code, the Department's Administrative Working Capital Fund is
hereby authorized to transfer information technology equipment, software, and
systems from departmental sources or other entities and collect and maintain a
reserve at rates which will return full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the Department of
Transportation may be used to provide credit assistance unless not less than 3
days before any application approval to provide credit assistance under sections
603 and 604 of title 23, United States Code, the Secretary provides notification
in writing to the following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the Committee
on Banking, Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives: Provided,
That such notification shall include, but not be limited to, the name of the
project sponsor; a description of the project; whether credit assistance will be
provided as a direct loan, loan guarantee, or line of credit; and the amount of
credit assistance.
Sec. 108. Of the unobligated balances from amounts made available for
``Railroad Rehabilitation and Improvement Financing Program'' in section 109 of
division L of Public Law 117-103, $8,948,237.30 is hereby permanently rescinded.
Sec. 109. The Secretary of Transportation may transfer amounts awarded to a
federally recognized Tribe under a funding agreement entered into under part 29
of title 49, Code of Federal Regulations, from the Department of
Transportation's Operating Administrations to the Office of Tribal Government
Affairs: Provided, That any amounts retroceded or reassumed under such part may
be transferred back to the appropriate Operating Administration.
Sec. 109A. (a) Amounts made available to the Secretary of Transportation or
the Department of Transportation's operating administrations in this Act for the
costs of award, administration, or oversight of financial assistance under the
programs identified in subsection (c) may be transferred to the account
identified in section 801 of division J of Public Law 117-58, to remain
available until expended, for the necessary expenses of award, administration,
or oversight of any financial assistance programs in the Department of
Transportation.
(b) Amounts transferred under the authority in this section are available in
addition to amounts otherwise available for such purpose.
(c) The program from which funds made available under this Act may be
transferred under subsection (a) are--
(1) the local and regional project assistance program under section
6702 of title 49, United States Code; and
(2) the university transportation centers program under section 5505
of title 49, United States Code.
Sec. 109B. Of the amounts made available under the heading ``National
Infrastructure Investments'', up to $35,000,000 shall be available--
(1) First, to fully fund the projects at the amounts for which they
applied under section 109B of the Consolidated Appropriations Act, 2023
(division L of Public Law 117-328) and were not fully funded; and
(2) Second, to fund highway infrastructure projects for which the
initial grant agreement was executed between January 14, 2021 and
February 14, 2021 for awards made from the national infrastructure
investments program under title I of division G of the Consolidated
Appropriations Act, 2019 (Public Law 116-6): Provided, That sponsors of
projects eligible for funds made available under subsection shall
provide sufficient written justification describing, at a minimum, the
current project cost estimate, why the project cannot be completed with
the obligated grant amount, and any other relevant information, as
determined by the Secretary: Provided further, That funds made
available under this subsection shall be allocated to projects eligible
to receive funding under this section in order of the date the grant
agreements were initially executed: Provided further, That the
allocation under the previous proviso will be for the amounts necessary
to cover increases to eligible project costs since the grant was
obligated, based on the information provided: Provided further, That
section 200.204 of title 2, Code of Federal Regulations, shall not apply
to amounts made available under this section: Provided further, That
the amounts made available under this section shall not be subject to
limitations under section 6702(c) of title 49, United States Code:
Provided further, That the amounts made available under this section
shall not be part of the Federal share of total project costs under
section 6702(e)(1) of title 49, United States Code: Provided further,
That section 6702(f) of title 49, United States Code, shall not apply to
amounts made available under this section: Provided further, That the
Office of the Secretary of Transportation shall provide the amounts
allocated to projects under this section no later than 120 days after
the date the sufficient written justifications required under this
section have been submitted.
Sec. 109C. For amounts provided for this fiscal year and prior fiscal
years, section 24112(c)(2)(B) of Public Law 117-58 shall be applied by
substituting ``30 percent'' for ``40 percent''.
Sec. 109D. The remaining unobligated balances, as of September 30, 2024,
from amounts made available for the ``Department of Transportation--Office of
the Secretary--National Infrastructure Investments'' in division L of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) are hereby
permanently rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated on September 30, 2024,
to remain available until September 30, 2027, and shall be available, without
additional competition, for completing the funding of awards made pursuant to
the fiscal year 2021 national infrastructure investments program, in addition to
other funds as may be available for such purposes: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 109E. For amounts provided for fiscal year 2024 under the heading
``National Infrastructure Investments'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) to carry out section
6702 of title 49, United States Code, the set aside for historically
disadvantaged communities or areas of persistent poverty under subsection (f)(2)
of such section shall be applied by substituting ``5 percent'' for ``1 percent''
in this fiscal year: Provided, That amounts repurposed pursuant to this section
that were previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget are designated as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not otherwise
provided for, including operations and research activities related to commercial
space transportation, administrative expenses for research and development,
establishment of air navigation facilities, the operation (including leasing)
and maintenance of aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger motor vehicles for
replacement only, $12,729,627,000, to remain available until September 30, 2025,
of which $12,093,150,000 to be derived from the Airport and Airway Trust Fund:
Provided, That of the amounts made available under this heading--
(1) not less than $1,745,532,000 shall be available for aviation
safety activities;
(2) $9,439,068,000 shall be available for air traffic organization
activities;
(3) $42,018,000 shall be available for commercial space
transportation activities;
(4) $948,211,000 shall be available for finance and management
activities;
(5) $67,818,000 shall be available for NextGen and operations
planning activities;
(6) $162,155,000 shall be available for security and hazardous
materials safety activities; and
(7) $324,825,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget activity, except
for aviation safety budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may increase or decrease
any appropriation under this heading by more than 5 percent: Provided further,
That any transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that section:
Provided further, That not later than 60 days after the submission of the budget
request, the Administrator of the Federal Aviation Administration shall transmit
to Congress an annual update to the report submitted to Congress in December
2004 pursuant to section 221 of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 40101 note): Provided further, That the amounts
made available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such report has
not been transmitted to Congress: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator shall transmit to
Congress a companion report that describes a comprehensive strategy for
staffing, hiring, and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading shall be
reduced by $100,000 for each day after the date that is 60 days after the
submission of the budget request that such report has not been submitted to
Congress: Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further, That none of the
funds made available by this Act shall be available for new applicants for the
second career training program: Provided further, That none of the funds made
available by this Act shall be available for the Federal Aviation Administration
to finalize or implement any regulation that would promulgate new aviation user
fees not specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this appropriation, as
offsetting collections, funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources for expenses
incurred in the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for issuance,
renewal or modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the amounts made
available under this heading, not less than $205,376,000 shall be used to fund
direct operations of the current air traffic control towers in the contract
tower program, including the contract tower cost share program, and any airport
that is currently qualified or that will qualify for the program during the
fiscal year: Provided further, That none of the funds made available by this
Act for aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund: Provided
further, That none of the funds appropriated or otherwise made available by this
Act or any other Act may be used to eliminate the contract weather observers
program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or purchase,
and hire of national airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49, United States Code,
including initial acquisition of necessary sites by lease or grant; engineering
and service testing, including construction of test facilities and acquisition
of necessary sites by lease or grant; construction and furnishing of quarters
and related accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft from funds made
available under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,191,250,000, of which $634,739,370 is for personnel and related expenses and
shall remain available until September 30, 2025, $2,496,360,630 shall remain
available until September 30, 2026, and $60,150,000 is for terminal facilities
and shall remain available until September 30, 2028: Provided, That there may
be credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization of national
airspace systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall transmit
to the Congress an investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years 2025 through 2029,
with total funding for each year of the plan constrained to the funding targets
for those years as estimated and approved by the Office of Management and
Budget: Provided further, That section 405 of this Act shall apply to amounts
made available under this heading in title VIII of the Infrastructure
Investments and Jobs Appropriations Act (division J of Public Law 117-58):
Provided further, That the amounts in the table entitled ``Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and Jobs
Act--Fiscal Year 2024'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) shall be the baseline
for application of reprogramming and transfer authorities for the current fiscal
year pursuant to paragraph (7) of such section 405 for amounts referred to in
the preceding proviso: Provided further, That, notwithstanding paragraphs (5)
and (6) of such section 405, unless prior approval is received from the House
and Senate Committees on Appropriations, not to exceed 10 percent of any funding
level specified for projects and activities in the table referred to in the
preceding proviso may be transferred to any other funding level specified for
projects and activities in such table and no transfer of such funding levels may
increase or decrease any funding level in such table by more than 10 percent:
Provided further, That of the amounts made available under this heading for
terminal facilities, $15,000,000 shall be made available for the purposes, and
in amounts, specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ``Community Project Funding/Congressionally
Directed Spending'' included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII of
title 49, United States Code, including construction of experimental facilities
and acquisition of necessary sites by lease or grant, $280,000,000, to be
derived from the Airport and Airway Trust Fund and to remain available until
September 30, 2026: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties, municipalities,
other public authorities, and private sources, which shall be available for
expenses incurred for research, engineering, and development: Provided further,
That amounts made available under this heading shall be used in accordance with
the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That not to exceed 10
percent of any funding level specified under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act) may be transferred to any other funding level specified under
this heading in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That no
transfer may increase or decrease any funding level by more than 10 percent:
Provided further, That any transfer in excess of 10 percent shall be treated as
a reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the procedures
set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for airport
planning and development, and noise compatibility planning and programs as
authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of
title 49, United States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized under
section 41743 of title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to airport
operating certificates under section 44706 of title 49, United States Code,
$3,350,000,000, to be derived from the Airport and Airway Trust Fund and to
remain available until expended: Provided, That none of the amounts made
available under this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,350,000,000, in fiscal
year 2024, notwithstanding section 47117(g) of title 49, United States Code:
Provided further, That none of the amounts made available under this heading
shall be available for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport improvements that
are necessary to install bulk explosive detection systems: Provided further,
That notwithstanding section 47109(a) of title 49, United States Code, the
Government's share of allowable project costs under paragraph (2) of such
section for subgrants or paragraph (3) of such section shall be 95 percent for a
project at other than a large or medium hub airport that is a successive phase
of a multi-phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under this
heading, not less than $152,148,000 shall be available for administration,
$15,000,000 shall be available for the airport cooperative research program,
$41,801,000 shall be available for airport technology research, and $10,000,000,
to remain available until expended, shall be available and transferred to
``Office of the Secretary, Salaries and Expenses'' to carry out the small
community air service development program: Provided further, That in addition
to airports eligible under section 41743 of title 49, United States Code, such
program may include the participation of an airport that serves a community or
consortium that is not larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the Secretary issues a
request for proposals: Provided further, That the Secretary may provide grants
to any commercial service airport, notwithstanding the requirement for the
airport to be located in an air quality nonattainment or maintenance area or to
be able to receive emission credits in section 47102(3)(K) and 47102(3)(L) of
title 49, United States Code, for work necessary to construct or modify airport
facilities to provide low-emission fuel systems, gate electrification, other
related air quality improvements, acquisition of airport-owned vehicles or
ground support equipment with low-emission technology, provided such vehicles
are used exclusively on airport property or to transport passengers and
employees between the airport and the airport's consolidated rental facility or
an intermodal surface transportation facility adjacent to the airport.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to enable the
Secretary of Transportation to make grants for projects as authorized by
subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 49, United
States Code, $532,392,074, to remain available through September 30, 2026:
Provided, That amounts made available under this heading shall be derived from
the general fund, and such funds shall not be subject to apportionment formulas,
special apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That of the sums appropriated
under this heading--
(1) $482,392,074 shall be made available for the purposes, and in
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds made available under this
section shall not be subject to or considered under section
47115(j)(3)(B) of title 49, United States Code;
(2) up to $50,000,000 shall be made available to the Secretary to
distribute as discretionary grants to airports; and
(3) not less than $3,000,000 shall be made available for two
remaining projects under section 190 of the FAA Reauthorization Act of
2018 (Public Law 115-254): Provided, That, notwithstanding subsection
(j)(2) of section 190 of the FAA Reauthorization Act of 2018 (Public Law
115-254), such grants shall be made available for conducting testing
activities in support of studying the effectiveness of existing
federally funded sound insulation in residential areas located within
the 65 DNL noise contour of a large-hub airport that will facilitate
future environmental mitigation projects in these areas: Provided
further, That, with respect to a project funded under the previous
proviso, the allowable project cost for such project shall be calculated
without consideration of any costs that were previously paid by the
Government:
Provided further, That the Secretary may make discretionary grants to primary
airports for airport-owned infrastructure required for the on-airport
distribution or storage of sustainable aviation fuels that achieve at least a 50
percent reduction in lifecycle greenhouse gas emissions, using a methodology
determined by the Secretary, including, but not limited to, on-airport
construction or expansion of pipelines, rail lines and spurs, loading and off-
loading facilities, blending facilities, and storage tanks: Provided further,
That the Secretary may make discretionary grants with funds made available under
this heading to primary or nonprimary airports for the acquisition or
construction costs related to airport-owned, revenue-producing aeronautical fuel
farms and fueling systems, including mobile systems, that the Secretary
determines will promote the use of unleaded or sustainable aviation fuels on a
non-exclusive basis: Provided further, That the Secretary may make
discretionary grants for airport development improvements of primary runways,
taxiways, and aprons necessary at a nonhub, small hub, medium hub, or large hub
airport to increase operational resilience for the purpose of resuming
commercial service flight operations following flooding, high water, hurricane,
storm surge, tidal wave, tornado, tsunami, wind driven water, or winter storms:
Provided further, That the amounts made available under this heading shall not
be subject to any limitation on obligations for the Grants-in-Aid for Airports
program set forth in any Act: Provided further, That the Administrator of the
Federal Aviation Administration may retain up to 0.5 percent of the amounts made
available under this heading to fund the award and oversight by the
Administrator of grants made under this heading.
administrative provisions--federal aviation administration
(including rescissions)
Sec. 110. None of the funds made available by this Act may be used to
compensate in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development during
fiscal year 2024.
Sec. 111. None of the funds made available by this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned buildings
for services relating to air traffic control, air navigation, or weather
reporting: Provided, That the prohibition on the use of funds in this section
does not apply to negotiations between the agency and airport sponsors to
achieve agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration may
reimburse amounts made available to satisfy section 41742(a)(1) of title 49,
United States Code, from fees credited under section 45303 of title 49, United
States Code, and any amount remaining in such account at the close of any fiscal
year may be made available to satisfy section 41742(a)(1) of title 49, United
States Code, for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49, United
States Code, shall be credited to the appropriation current at the time of
collection, to be merged with and available for the same purposes as such
appropriation.
Sec. 114. None of the funds made available by this Act shall be available
for paying premium pay under section 5546(a) of title 5, United States Code, to
any Federal Aviation Administration employee unless such employee actually
performed work during the time corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be obligated or
expended for an employee of the Federal Aviation Administration to purchase a
store gift card or gift certificate through use of a Government-issued credit
card.
Sec. 116. Notwithstanding any other provision of law, none of the funds
made available under this Act or any prior Act may be used to implement or to
continue to implement any limitation on the ability of any owner or operator of
a private aircraft to obtain, upon a request to the Administrator of the Federal
Aviation Administration, a blocking of that owner's or operator's aircraft
registration number, Mode S transponder code, flight identification, call sign,
or similar identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of that
aircraft's movements, except data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be available
for salaries and expenses of more than nine political and Presidential
appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used to
increase fees pursuant to section 44721 of title 49, United States Code, until
the Federal Aviation Administration provides to the House and Senate Committees
on Appropriations a report that justifies all fees related to aeronautical
navigation products and explains how such fees are consistent with Executive
Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used to close
a regional operations center of the Federal Aviation Administration or reduce
its services unless the Administrator notifies the House and Senate Committees
on Appropriations not less than 90 full business days in advance.
Sec. 119A. None of the funds made available by or limited by this Act may
be used to change weight restrictions or prior permission rules at Teterboro
airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be used by the
Administrator of the Federal Aviation Administration to withhold from
consideration and approval any new application for participation in the contract
tower program, or for reevaluation of cost-share program participants so long as
the Federal Aviation Administration has received an application from the
airport, and so long as the Administrator determines such tower is eligible
using the factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be used to
open, close, redesignate as a lesser office, or reorganize a regional office,
the aeronautical center, or the technical center unless the Administrator
submits a request for the reprogramming of funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration Administrative Services
Franchise Fund may be reimbursed after performance or paid in advance from funds
available to the Federal Aviation Administration and other Federal agencies for
which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise made available to
the FAA may be used to carry out the FAA's obligations under section 44502(e) of
title 49, United States Code, unless the eligible air traffic system or
equipment to be transferred to the FAA under section 44502(e) of title 49,
United States Code, was purchased by the transferor airport--
(1) during the period of time beginning on October 5, 2018 and
ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports located in a
non-contiguous States.
Sec. 119F. Of the funds provided under the heading ``Grants-in-aid for
Airports'', up to $3,500,000 shall be for necessary expenses, including an
independent verification regime, to provide reimbursement to airport sponsors
that do not provide gateway operations and providers of general aviation ground
support services, or other aviation tenants, located at those airports closed
during a temporary flight restriction (TFR) for any residence of the President
that is designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while such
airports are closed solely due to the actions of the Federal Government:
Provided, That no funds shall be obligated or distributed to airport sponsors
that do not provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided further,
That losses incurred as a result of violations of law, or through fault or
negligence, of such operators and service providers or of third parties
(including airports) are not eligible for reimbursements: Provided further,
That obligation and expenditure of funds are conditional upon full release of
the United States Government for all claims for financial losses resulting from
such actions.
Sec. 119G. Of the unobligated balances available to the Federal Aviation
Administration, the following funds are hereby permanently rescinded:
(1) $1,590,528.89 from funds made available for ``Federal Aviation
Administration--Facilities and Equipment'', which were to remain
available until expended, by title I of Public Law 104-50; and
(2) $2,878.02 from funds made available for ``Federal Aviation
Administration--Facilities and Equipment'' by chapter 10, division B, of
Public Law 108-324.
Sec. 119H. None of the funds made available in this or any other Act shall
be used to facilitate the assignment of individuals from a private-sector
organization to the FAA to serve on a temporary basis.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $483,551,671 together with advances and reimbursements
received by the Federal Highway Administration, shall be obligated for necessary
expenses for administration and operation of the Federal Highway Administration:
Provided, That in addition, $3,248,000 shall be transferred to the Appalachian
Regional Commission in accordance with section 104(a) of title 23, United States
Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of authorized Federal-
aid highway and highway safety construction programs shall not exceed total
obligations of $60,095,782,888 for fiscal year 2024: Provided, That the
limitation on obligations under this heading shall only apply to contract
authority authorized from the Highway Trust Fund (other than the Mass Transit
Account), unless otherwise specified in law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized Federal-
aid highway and highway safety construction programs, $60,834,782,888 shall be
derived from the Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $2,224,676,687: Provided,
That the funds made available under this heading shall be derived from the
general fund, shall be in addition to any funds provided for fiscal year 2024 in
this or any other Act for: (1) ``Federal-aid Highways'' under chapter 1 of title
23, United States Code; (2) the Appalachian development highway system as
authorized under section 1069(y) of Public Law 102-240; (3) activities eligible
under the Tribal transportation program under section 202 of title 23, United
States Code; (4) the Northern Border Regional Commission (40 U.S.C. 15101 et
seq.); or (5) the Denali Commission, and shall not affect the distribution or
amount of funds provided in any other Act: Provided further, That, except for
the funds made available under this heading for the Northern Border Regional
Commission and the Denali Commission, section 11101(e) of Public Law 117-58
shall apply to funds made available under this heading: Provided further, That
unless otherwise specified, amounts made available under this heading shall be
available until September 30, 2027, and shall not be subject to any limitation
on obligations for Federal-aid highways or highway safety construction programs
set forth in any Act making annual appropriations: Provided further, That of
the sums appropriated under this heading--
(1) $1,884,176,687 shall be for the purposes, and in the amounts,
specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That, except as otherwise provided
under this heading, the funds made available under this paragraph shall
be administered as if apportioned under chapter 1 of title 23, United
States Code: Provided further, That funds made available under this
paragraph that are used for Tribal projects shall be administered as if
allocated under chapter 2 of title 23, United States Code, except that
the set-asides described in subparagraph (C) of section 202(b)(3) of
title 23, United States Code, and subsections (a)(6), (c), and (e) of
section 202 of such title, and section 1123(h)(1) of MAP-21 (as amended
by Public Law 117-58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for construction of
the Appalachian development highway system, as authorized under section
1069(y) of Public Law 102-240: Provided, That for the purposes of funds
made available under this paragraph, the term ``Appalachian State''
means a State that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States Code: Provided
further, That funds made available under this heading for construction
of the Appalachian development highway system shall remain available
until expended: Provided further, That, except as provided in the
following proviso, funds made available under this heading for
construction of the Appalachian development highway system shall be
administered as if apportioned under chapter 1 of title 23, United
States Code: Provided further, That a project carried out with funds
made available under this heading for construction of the Appalachian
development highway system shall be carried out in the same manner as a
project under section 14501 of title 40, United States Code: Provided
further, That subject to the following proviso, funds made available
under this heading for construction of the Appalachian development
highway system shall be apportioned to Appalachian States according to
the percentages derived from the 2012 Appalachian development highway
system cost-to-complete estimate, adopted in Appalachian Regional
Commission Resolution Number 736, and confirmed as each Appalachian
State's relative share of the estimated remaining need to complete the
Appalachian development highway system, adjusted to exclude those
corridors that such States have no current plans to complete, as
reported in the 2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned a higher priority
for completion of an Appalachian development highway system corridor, as
reported in the 2020 Appalachian Development Highway System Future
Outlook: Provided further, That the Secretary shall adjust
apportionments made under the preceding proviso so that no Appalachian
State shall be apportioned an amount in excess of 30 percent of the
amount made available for construction of the Appalachian development
highway system under this heading: Provided further, That the Secretary
shall consult with the Appalachian Regional Commission in making
adjustments under the preceding two provisos: Provided further, That
the Federal share of the costs for which an expenditure is made for
construction of the Appalachian development highway system under this
heading shall be up to 100 percent;
(3) $150,000,000 shall be for activities eligible under the Tribal
transportation program, as described in section 202 of title 23, United
States Code: Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if allocated under chapter 2 of title 23, United States
Code: Provided further, That the set-asides described in subparagraph
(C) of section 202(b)(3) of title 23, United States Code, and
subsections (a)(6), (c), and (e) of section 202 of such title shall not
apply to funds made available under this paragraph: Provided further,
That the set-aside described in section 1123(h)(1) of MAP-21 (as amended
by Public Law 117-58), shall not apply to such funds;
(4) $5,000,000 shall be transferred to the Northern Border Regional
Commission (40 U.S.C. 15101 et seq.) to make grants, in addition to
amounts otherwise made available to the Northern Border Regional
Commission for such purpose, to carry out pilot projects that
demonstrate the capabilities of wood-based infrastructure projects:
Provided, That a grant made with funds made available under this
paragraph shall be administered in the same manner as a grant made under
subtitle V of title 40, United States Code;
(5) $4,500,000 shall be transferred to the Denali Commission for
activities eligible under section 307(e) of the Denali Commission Act of
1998 (42 U.S.C. 3121 note; Public Law 105-277): Provided, That funds
made available under this paragraph shall not be subject to section 311
of such Act: Provided further, That except as otherwise provided under
section 307(e) of such Act or this heading, funds made available under
this paragraph shall be administered as if directly appropriated to the
Denali Commission and subject to applicable provisions of such Act,
including the requirement in section 307(e) of such Act that the local
community provides a 10 percent non-Federal match in the form of any
necessary land or planning and design funds: Provided further, That
such funds shall be available until expended: Provided further, That
the Federal share of the costs for which an expenditure is made with
funds transferred under this paragraph shall be up to 90 percent;
(6) $13,500,000 shall be transferred to the Denali Commission to
carry out the Denali access system program under section 309 of the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277):
Provided, That a transfer under this paragraph shall not be subject to
section 311 of such Act: Provided further, That except as otherwise
provided under this heading, funds made available under this paragraph
shall be administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act: Provided
further, That funds made available under this paragraph shall not be
subject to section 309(j)(2) of such Act: Provided further, That funds
made available under this paragraph shall be available until expended:
Provided further, That the Federal share of the costs for which an
expenditure is made with funds transferred under this paragraph shall be
up to 100 percent;
(7) $10,000,000 shall be for the regional infrastructure accelerator
demonstration program authorized under section 1441 of the FAST Act (23
U.S.C. 601 note): Provided, That for funds made available under this
paragraph, the Federal share of the costs shall be, at the option of the
recipient, up to 100 percent: Provided further, That funds made
available under this paragraph may be transferred to the Office of the
Secretary;
(8) $7,500,000 shall be for the national scenic byways program under
section 162 of title 23, United States Code: Provided, That, except as
otherwise provided under this heading, the funds made available under
this paragraph shall be administered as if apportioned under chapter 1
of title 23, United States Code; and
(9) $50,000,000, in addition to amounts made available in section
126 of this Act, shall be for a competitive highway bridge program for
States that--
(A) have a population density of less than 115 individuals
per square mile; and
(B) have--
(i) less than 26 percent of total bridges classified
as in good condition; or
(ii) greater than or equal to 5.2 percent of total
bridges classified as in poor condition:
Provided, That any such State with more than 14 percent of total
bridges classified as in poor condition shall receive not less than
$32,500,000 of the funds made available in this paragraph or in section
126 of this Act for grant applications for projects eligible under this
paragraph: Provided further, That if the Secretary determines that
eligible applications from any such State meeting the criteria under the
preceding proviso are insufficient to make awards of at least
$32,500,000, the Secretary shall use the unutilized amounts to provide
other grants to States eligible under this paragraph: Provided further,
That the funds made available under this paragraph shall be used for
highway bridge replacement or rehabilitation projects on public roads
that demonstrate cost savings by bundling multiple highway bridge
projects and, except as otherwise provided in this heading, shall be
administered as if apportioned under chapter 1 of title 23, United
States Code: Provided further, That the requirements of section
144(j)(5) of title 23, United States Code, shall not apply to funds made
available under this paragraph: Provided further, That for purposes of
this paragraph, the Secretary shall calculate population density figures
based on the latest available data from the decennial census conducted
under section 141(a) of title 13, United States Code: Provided further,
That for purposes of this paragraph, the Secretary shall calculate the
percentages of bridge counts (including the percentages of bridge counts
classified as in poor and good condition) based on the national bridge
inventory as of June 2023.
administrative provisions--federal highway administration
(including rescissions)
Sec. 120. (a) For fiscal year 2024, the Secretary of Transportation shall--
(1) not distribute from the obligation limitation for Federal-aid
highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the funds
for which are allocated by the Secretary (or apportioned by the
Secretary under section 202 or 204 of title 23, United States
Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways, less
the aggregate of amounts not distributed under paragraphs (1)
and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction programs
(other than sums authorized to be appropriated for provisions of
law described in paragraphs (1) through (11) of subsection (b)
and sums authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to in
subsection (b)(12) for such fiscal year), less the aggregate of
the amounts not distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid highways,
less the aggregate amounts not distributed under paragraphs (1) and (2),
for each of the programs (other than programs to which paragraph (1)
applies) that are allocated by the Secretary under authorized Federal-
aid highway and highway safety construction programs, or apportioned by
the Secretary under section 202 or 204 of title 23, United States Code,
by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid highways,
less the aggregate amounts not distributed under paragraphs (1) and (2)
and the amounts distributed under paragraph (4), for Federal-aid highway
and highway safety construction programs that are apportioned by the
Secretary under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in section 119
of title 23, United States Code, that are exempt from the limitation
under subsection (b)(12) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to each
State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation limitation for
Federal-aid highways shall not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of 1978
(23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat.
198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect on
June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect for
fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority was
made available under the Transportation Equity Act for the 21st Century
(112 Stat. 107) or subsequent Acts for multiple years or to remain
available until expended, but only to the extent that the obligation
authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect for
fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time at
which the funds were initially made available for obligation; and
(12) section 119 of title 23, United States Code (but, for each of
fiscal years 2013 through 2024, only in an amount equal to
$639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to obligate
amounts in addition to those previously distributed during that fiscal
year, giving priority to those States having large unobligated balances
of funds apportioned under sections 144 (as in effect on the day before
the date of enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to Transportation Research
Programs.--
(1) In general.--Except as provided in paragraph (2), the obligation
limitation for Federal-aid highways shall apply to contract authority
for transportation research programs carried out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure Investment
and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under paragraph
(1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23, United States
Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in the
same proportion as the distribution of obligation authority under
subsection (a)(5).
(3) Availability.--Funds distributed to each State under paragraph
(1) shall be available for any purpose described in section 133(b) of
title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of
Transportation Statistics from the sale of data products, for necessary expenses
incurred pursuant to chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of reimbursing the Bureau
for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid highways
projects, the Secretary of Transportation shall make an informal public notice
and comment opportunity on the intent to issue such waiver and the reasons
therefor: Provided, That the Secretary shall post on a website any waivers
granted under the Buy America requirements.
Sec. 123. None of the funds made available in this Act may be used to make
a grant for a project under section 117 of title 23, United States Code, unless
the Secretary, at least 60 days before making a grant under that section,
provides written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation and justification
for the project and the amount of the proposed grant award.
Sec. 124. (a) A State or territory, as defined in section 165 of title 23,
United States Code, may use for any project eligible under section 133(b) of
title 23 or section 165 of title 23 and located within the boundary of the State
or territory any earmarked amount, and any associated obligation limitation:
Provided, That the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed notifies the
Secretary of its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the funding
would be applied. Notwithstanding the original period of availability of funds
to be obligated under this section, such funds and associated obligation
limitation shall remain available for obligation for a period of 3 fiscal years
after the fiscal year in which the Secretary is notified. The Federal share of
the cost of a project carried out with funds made available under this section
shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule XLIV of
the Standing Rules of the Senate, identified in a prior law, report, or
joint explanatory statement, which was authorized to be appropriated or
appropriated more than 10 fiscal years prior to the current fiscal year,
and administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the Rules of
the House of Representatives, identified in a prior law, report, or
joint explanatory statement, which was authorized to be appropriated or
appropriated more than 10 fiscal years prior to the current fiscal year,
and administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for those
projects or activities that have obligated less than 10 percent of the amount
made available for obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general geographic area within 25
miles for which the funding was designated, except that a State or territory may
apply such authority to unexpended balances of funds from projects or activities
the State or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the information
provided by the States and territories annually to the House and Senate
Committees on Appropriations.
Sec. 125. (a) Of the unallocated and unobligated balances available to the
Federal Highway Administration, the following funds are hereby permanently
rescinded, subject to subsections (b) and (c), from the following accounts and
programs in the specified amounts:
(1) $48,346,377.35 from funds available in the ``Surface
Transportation Priorities'' account (69 X 0538);
(2) $1,839,129.40 from funds available in the ``Delta Regional
Transportation Development Program'' account (69 X 0551);
(3) $11,064,579.57 from funds available in the ``Appalachian
Development Highway System'' account (69 X 0640);
(4) $9,264.22 from funds available in the ``Highway Beautification''
account (69 X 0540);
(5) $1,375,400 from funds available in the ``State Infrastructure
Banks'' account (69 X 0549);
(6) $90,435 from funds available in the ``Railroad-Highway Crossings
Demonstration Projects'' account (69 X 0557);
(7) $5,211,248.53 from funds available in the ``Interstate Transfer
Grants--Highway'' account (69 X 0560);
(8) $133,231.12 from funds available in the ``Kentucky Bridge
Project'' account (69 X 0572);
(9) $2,887.56 from funds available in the ``Highway Demonstration
Project--Preliminary Engineering'' account (69 X 0583);
(10) $149,083.06 from funds available in the ``Highway Demonstration
Projects'' account (69 X 0598); and
(11) $68,438.40 from funds available in the ``Miscellaneous Highway
Projects'' account (69 X 0641).
(b) No amounts may be rescinded under subsection (a) from any funds for
which a State exercised its authority under section 125 of division L of Public
Law 114-113, section 422 of division K of Public Law 115-31, section 126 of
division L of Public Law 115-141, section 125 of division G of Public Law 116-6,
section 125 of division H of Public Law 116-94, section 124 of division L of
Public Law 116-260, section 124 of division L of Public Law 117-103, or section
124 of division L of Public Law 117-328.
(c) No amounts may be rescinded under subsection (a) from any amounts that
were designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 126. (a) Notwithstanding any other provision of law, $200,000,000 from
the funds described in subsection (b), in addition to amounts made available in
paragraph (9) under the heading ``Highway Infrastructure Programs'', shall be
available for a competitive highway bridge program for States that--
(1) have a population density of less than 115 individuals per
square mile; and
(2) have--
(A) less than 26 percent of total bridges classified as in
good condition; or
(B) greater than or equal to 5.2 percent of total bridges
classified as in poor condition:
Provided, That any such State with more than 14 percent of total bridges
classified as in poor condition shall receive not less than $32,500,000 of the
funds made available under this subsection or in paragraph (9) under the heading
``Highway Infrastructure Programs'' for grant applications for projects eligible
under this subsection: Provided further, That if the Secretary determines that
eligible applications from any such State meeting the criteria under the
preceding proviso are insufficient to make awards of at least $32,500,000, the
Secretary shall use the unutilized amounts to provide other grants to States
eligible under this subsection: Provided further, That the funds made available
under this subsection shall be used for highway bridge replacement or
rehabilitation projects on public roads that demonstrate cost savings by
bundling multiple highway bridge projects and, except as otherwise provided in
this section, shall be administered as if apportioned under chapter 1 of title
23, United States Code: Provided further, That the requirements of section
144(j)(5) of title 23, United States Code, shall not apply to funds made
available under this subsection: Provided further, That for purposes of this
subsection, the Secretary shall calculate population density figures based on
the latest available data from the decennial census conducted under section
141(a) of title 13, United States Code: Provided further, That for purposes of
this subsection, the Secretary shall calculate the percentages of bridge counts
(including the percentages of bridge counts classified as in poor and good
condition) based on the national bridge inventory as of June 2023: Provided
further, That section 11101(e) of the Infrastructure Investment and Jobs Act
(Public Law 117-58) shall apply to funds made available under this subsection.
(b) Funds described in this subsection are any funds that--
(1) are unobligated on the date of enactment of this Act; and
(2) were made available for credit assistance under--
(A) the transportation infrastructure finance and innovation
program under subchapter II of chapter 1 of title 23, United
States Code, as in effect prior to August 10, 2005; or
(B) the transportation infrastructure finance and innovation
program under chapter 6 of title 23, United States Code.
(c) Funds made available under subsection (a) for a competitive highway
bridge program for States shall--
(1) be subject to the obligation limitation for Federal-aid highway
and highway safety construction programs; and
(2) unless otherwise specified in this section, remain available
until September 30, 2027.
(d) The obligation limitation made available under section 120(a)(2) that is
associated with funds made available under subsection (a) shall--
(1) remain available until September 30, 2027; and
(2) be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution and
administration of motor carrier safety operations and programs pursuant to
section 31110 of title 49, United States Code, as amended by the Infrastructure
Investment and Jobs Act (Public Law 117-58), $346,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account), together with
advances and reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or administration
of motor carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $411,000,000, for
``Motor Carrier Safety Operations and Programs'' for fiscal year 2024, of which
$14,073,000, to remain available for obligation until September 30, 2026, is for
the research and technology program, and of which not less than $99,098,000, to
remain available for obligation until September 30, 2026, is for development,
modernization, enhancement, and continued operation and maintenance of
information technology and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102, 31103,
31104, and 31313 of title 49, United States Code, $516,300,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed total obligations
of $516,300,000 in fiscal year 2024 for ``Motor Carrier Safety Grants'':
Provided further, That of the amounts made available under this heading--
(1) $406,500,000, to remain available for obligation until September
30, 2025, shall be for the motor carrier safety assistance program;
(2) $43,500,000, to remain available for obligation until September
30, 2025, shall be for the commercial driver's license program
implementation program;
(3) $60,000,000, to remain available for obligation until September
30, 2025, shall be for the high priority program;
(4) $1,300,000, to remain available for obligation until September
30, 2025, shall be for the commercial motor vehicle operators grant
program; and
(5) $5,000,000, to remain available for obligation until September
30, 2025, shall be for the commercial motor vehicle enforcement training
and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall send notice
of section 385.308 of title 49, Code of Federal Regulations, violations by
certified mail, registered mail, or another manner of delivery, which records
the receipt of the notice by the persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made available to the
Department of Transportation by this Act or any other Act may be obligated or
expended to implement, administer, or enforce the requirements of section 31137
of title 49, United States Code, or any regulation issued by the Secretary
pursuant to such section, with respect to the use of electronic logging devices
by operators of commercial motor vehicles, as defined in section 31132(1) of
such title, transporting livestock as defined in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary, with
respect to traffic and highway safety, authorized under chapter 301 and part C
of subtitle VI of title 49, United States Code, $223,000,000, to remain
available through September 30, 2025.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions of
section 403 of title 23, United States Code, including behavioral research on
automated driving systems and advanced driver assistance systems and improving
consumer responses to safety recalls, section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58), and chapter 303 of title 49, United
States Code, $201,200,000, to be derived from the Highway Trust Fund (other than
the Mass Transit Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year 2024, are
in excess of $201,200,000: Provided further, That of the sums appropriated
under this heading--
(1) $194,000,000 shall be for programs authorized under section 403
of title 23, United States Code, including behavioral research on
automated driving systems and advanced driver assistance systems and
improving consumer responses to safety recalls, and section 25024 of the
Infrastructure Investment and Jobs Act (Public Law 117-58); and
(2) $7,200,000 shall be for the national driver register authorized
under chapter 303 of title 49, United States Code:
Provided further, That within the $201,200,000 obligation limitation for
operations and research, $57,500,000 shall remain available until September 30,
2025, and shall be in addition to the amount of any limitation imposed on
obligations for future years: Provided further, That amounts for behavioral
research on automated driving systems and advanced driver assistance systems and
improving consumer responses to safety recalls are in addition to any other
funds provided for those purposes for fiscal year 2024 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of sections
402, 404, and 405 of title 23, United States Code, and grant administration
expenses under chapter 4 of title 23, United States Code, to remain available
until expended, $813,300,800, to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs for which the total
obligations in fiscal year 2024 are in excess of $813,300,800 for programs
authorized under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this heading--
(1) $378,400,000 shall be for highway safety programs under section
402 of title 23, United States Code;
(2) $353,500,000 shall be for national priority safety programs
under section 405 of title 23, United States Code;
(3) $40,300,000 shall be for the high visibility enforcement program
under section 404 of title 23, United States Code; and
(4) $41,100,800 shall be for grant administrative expenses under
chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for national priority safety
programs under section 405 of title 23, United States Code, for impaired driving
countermeasures (as described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided further, That with
respect to the ``Transfers'' provision under section 405(a)(10) of title 23,
United States Code, any amounts transferred to increase the amounts made
available under section 402 shall include the obligation authority for such
amounts: Provided further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the authority granted
under the preceding proviso or under section 405(a)(10) of title 23, United
States Code, within 5 days.
administrative provisions--national highway traffic safety administration
Sec. 140. The limitations on obligations for the programs of the National
Highway Traffic Safety Administration set in this Act shall not apply to
obligations for which obligation authority was made available in previous public
laws but only to the extent that the obligation authority has not lapsed or been
used.
Sec. 141. An additional $130,000 shall be made available to the National
Highway Traffic Safety Administration, out of the amount limited for section 402
of title 23, United States Code, to pay for travel and related expenses for
State management reviews and to pay for core competency development training and
related expenses for highway safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not otherwise
provided for, $267,799,000, of which $25,000,000 shall remain available until
expended.
railroad research and development
For necessary expenses for railroad research and development, $54,000,000,
to remain available until expended: Provided, That of the amounts provided
under this heading, up to $3,000,000 shall be available pursuant to section
20108(d) of title 49, United States Code, for the construction, alteration, and
repair of buildings and improvements at the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-state partnership for intercity
passenger rail grants as authorized by section 24911 of title 49, United States
Code, $75,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to 2 percent of the amounts made available under this
heading in this Act for the costs of award and project management oversight of
grants carried out under title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail infrastructure and
safety improvements grants, as authorized by section 22907 of title 49, United
States Code, $198,957,997, to remain available until expended: Provided, That
of the amounts made available under this heading in this Act, $98,957,997 shall
be made available for the purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That requirements under
subsections (g) and (l) of section 22907 of title 49, United States Code, shall
not apply to the preceding proviso: Provided further, That any remaining funds
available after the distribution of the Community Project Funding/
Congressionally Directed Spending described in this paragraph shall be available
to the Secretary to distribute as discretionary grants under this heading:
Provided further, That for amounts made available under this heading in this
Act, eligible projects under section 22907(c)(8) of title 49, United States
Code, shall also include railroad systems planning (including the preparation of
regional intercity passenger rail plans and state rail plans) and railroad
project development activities (including railroad project planning, preliminary
engineering, design, environmental analysis, feasibility studies, and the
development and analysis of project alternatives): Provided further, That
section 22905(f) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act for projects that implement or
sustain positive train control systems otherwise eligible under section
22907(c)(1) of title 49, United States Code: Provided further, That amounts
made available under this heading in this Act for projects selected for commuter
rail passenger transportation may be transferred by the Secretary, after
selection, to the appropriate agencies to be administered in accordance with
chapter 53 of title 49, United States Code: Provided further, That for amounts
made available under this heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include any holding company
of a Class II railroad or Class III railroad (as those terms are defined in
section 20102 of title 49, United States Code): Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply to amounts made
available under this heading in previous fiscal years if such funds are
announced in a notice of funding opportunity that includes funds made available
under this heading in this Act: Provided further, That the preceding proviso
shall not apply to funds made available under this heading in the Infrastructure
Investment and Jobs Act (division J of Public Law 117-58): Provided further,
That unobligated balances remaining after 6 years from the date of enactment of
this Act may be used for any eligible project under section 22907(c) of title
49, United States Code: Provided further, That the Secretary may withhold up to
2 percent of the amounts made available under this heading in this Act for the
costs of award and project management oversight of grants carried out under
title 49, United States Code.
northeast corridor grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the National
Railroad Passenger Corporation for activities associated with the Northeast
Corridor as authorized by section 22101(a) of the Infrastructure Investment and
Jobs Act (Public Law 117-58), $1,141,442,000, to remain available until
expended: Provided, That the Secretary may retain up to one-half of 1 percent
of the amounts made available under both this heading in this Act and the
``National Network Grants to the National Railroad Passenger Corporation''
heading in this Act to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure Investment and
Jobs Act (Public Law 117-58): Provided further, That in addition to the project
management oversight funds authorized under section 22101(c) of the
Infrastructure Investment and Jobs Act (Public Law 117-58), the Secretary may
retain up to an additional $5,000,000 of the amounts made available under this
heading in this Act to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the National
Railroad Passenger Corporation for activities associated with the National
Network as authorized by section 22101(b) of the Infrastructure Investment and
Jobs Act (division B of Public Law 117-58), $1,286,321,000, to remain available
until expended: Provided, That the Secretary may retain up to an additional
$3,000,000 of the funds provided under this heading in this Act to fund expenses
associated with the State-Supported Route Committee established under section
24712 of title 49, United States Code: Provided further, That none of the funds
provided under this heading in this Act shall be used by Amtrak to give notice
under subsection (a) or (c) of section 24706 of title 49, United States Code,
with respect to long-distance routes (as defined in section 24102 of title 49,
United States Code) on which Amtrak is the sole operator on a host railroad's
line and a positive train control system is not required by law or regulation,
or, except in an emergency or during maintenance or construction outages
impacting such routes, to otherwise discontinue, reduce the frequency of,
suspend, or substantially alter the route of rail service on any portion of such
route operated in fiscal year 2018, including implementation of service
permitted by section 24305(a)(3)(A) of title 49, United States Code, in lieu of
rail service: Provided further, That the National Railroad Passenger
Corporation may use up to $66,000,000 of the amounts made available under this
heading in this Act for corridor development activities as authorized by section
22101(h) of division B of Public Law 117-58: Provided further, That $40,000,000
of the amounts made available under this heading in this Act shall be for design
and construction activities to improve the concourse and related infrastructure
for the station at the major hub of Amtrak's National Network.
administrative provisions--federal railroad administration
(including rescissions)
(including transfer of funds)
Sec. 150. The amounts made available to the Secretary or to the Federal
Railroad Administration for the costs of award, administration, and project
management oversight of financial assistance which are administered by the
Federal Railroad Administration, in this and prior Acts, may be transferred to
the Federal Railroad Administration's ``Financial Assistance Oversight and
Technical Assistance'' account for the necessary expenses to support the award,
administration, project management oversight, and technical assistance of
financial assistance administered by the Federal Railroad Administration, in the
same manner as appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 151. None of the funds made available to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess of
$35,000 for any individual employee: Provided, That the President of Amtrak may
waive the cap set in the preceding proviso for specific employees when the
President of Amtrak determines such a cap poses a risk to the safety and
operational efficiency of the system: Provided further, That the President of
Amtrak shall report to the House and Senate Committees on Appropriations no
later than 60 days after the date of enactment of this Act, a summary of all
overtime payments incurred by Amtrak for 2023 and the three prior calendar
years: Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak paid to
employees receiving waivers for each month for 2023 and for the three prior
calendar years.
Sec. 152. None of the funds made available to the National Railroad
Passenger Corporation under the headings ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'' and ``National Network Grants to the
National Railroad Passenger Corporation'' may be used to reduce the total number
of Amtrak Police Department uniformed officers patrolling on board passenger
trains or at stations, facilities or rights-of-way below the staffing level on
May 1, 2019.
Sec. 153. None of the funds made available by this Act may be used by the
National Railroad Passenger Corporation in contravention of the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).
Sec. 154. Of the unobligated balances of funds remaining from--
(1) ``Northeast Corridor Improvement Program'' account totaling
$126,348 appropriated by Public Law 114-113 is hereby permanently
rescinded;
(2) ``Railroad Safety Grants'' account totaling $81,257.66
appropriated by Public Law 113-235 is hereby permanently rescinded;
(3) ``Capital Assistance for High Speed Rail Corridors and Intercity
Passenger Rail Service'' account totaling $53,118,096.83 appropriated by
Public Law 111-117 is hereby permanently rescinded;
(4) ``Next Generation High-Speed Rail'' account totaling $94.94
appropriated by Public Law 108-447 is hereby permanently rescinded; and
(5) ``Grants to the National Railroad Passenger Corporation''
account totaling $678.16 appropriated by Public Law 108-447 is hereby
permanently rescinded.
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities in 40
States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should be
sustained to ensure connectivity throughout the National Network (as
defined in section 24102 of title 49, United States Code).
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal public transportation
assistance program in this account, and for payment of obligations incurred in
carrying out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section 20005(b) of Public
Law 112-141, and section 3006(b) of Public Law 114-94, $13,990,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to remain
available until expended: Provided, That funds available for the implementation
or execution of programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section 20005(b)
of Public Law 112-141, and section 3006(b) of Public Law 114-94, shall not
exceed total obligations of $13,990,000,000 in fiscal year 2024.
transit infrastructure grants
For an additional amount for ferry boats grants under section 5307(h) of
title 49, United States Code, Tribal technical assistance under section
5311(b)(3)(C) of such title, bus testing facilities under section 5318 of such
title, accelerating the adoption of zero emission buses under section 5312 of
such title, Community Project Funding/Congressionally Directed Spending for
projects and activities eligible under chapter 53 of such title, and ferry
service for rural communities under section 71103 of division G of Public Law
117-58, $252,386,844, to remain available until expended: Provided, That of the
sums provided under this heading in this Act--
(1) $20,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That of the
amounts provided under this paragraph, no less than $5,000,000 shall be
available for low or zero emission ferries or ferries using electric
battery or fuel cell components and the infrastructure to support such
ferries;
(2) $500,000 shall be available for technical assistance and
resources to Tribes through the national rural transportation assistance
program authorized under section 5311(b)(3)(C) of such title;
(3) $1,500,000 shall be available for the operation and maintenance
of the bus testing facilities selected under section 5318 of such title;
(4) $206,817,976 shall be available for the purposes, and in
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That unless otherwise specified,
applicable requirements under chapter 53 of title 49, United States
Code, shall apply to amounts made available in this paragraph, except
that the Federal share of the costs for a project in this paragraph
shall be in an amount equal to 80 percent of the net costs of the
project, unless the Secretary approves a higher maximum Federal share of
the net costs of the project consistent with administration of similar
projects funded under chapter 53 of title 49, United States Code;
(5) $20,000,000 shall be available for ferry service for rural
communities under section 71103 of division G of Public Law 117-58:
Provided, That for amounts made available in this paragraph,
notwithstanding section 71103(a)(2)(B), eligible service shall include
passenger ferry service that serves at least two rural areas with a
single segment over 15 miles between the two rural areas and is not
otherwise eligible under section 5307(h) of title 49, United States
Code: Provided further, That entities that provide eligible service
pursuant to the preceding proviso may use amounts made available in this
paragraph for public transportation capital projects to support any
ferry service between two rural areas; and
(6) $3,568,868 shall be available to support technical assistance,
research, demonstration, or deployment activities or projects to
accelerate the adoption of zero emission buses in public transit as
authorized under section 5312 of title 49, United States Code:
Provided further, That amounts made available under this heading in this Act
shall be derived from the general fund: Provided further, That amounts made
available under this heading in this Act shall not be subject to any limitation
on obligations for transit programs set forth in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49, United States
Code, $7,500,000, to remain available until September 30, 2025: Provided, That
the assistance provided under this heading does not duplicate the activities of
section 5311(b) or section 5312 of title 49, United States Code: Provided
further, That amounts made available under this heading are in addition to any
other amounts made available for such purposes: Provided further, That amounts
made available under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital investment grants
under section 5309 of title 49, United States Code, and section 3005(b) of the
Fixing America's Surface Transportation Act (Public Law 114-94), $2,205,000,000,
to remain available until expended: Provided, That of the sums appropriated
under this heading in this Act--
(1) $2,130,950,000 shall be available for projects authorized under
section 5309(d) of title 49, United States Code; and
(2) up to $52,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface Transportation
Act:
Provided further, That the Secretary shall continue to administer the capital
investment grants program in accordance with the procedural and substantive
requirements of section 5309 of title 49, United States Code, and of section
3005(b) of the Fixing America's Surface Transportation Act: Provided further,
That projects that receive a grant agreement under the expedited project
delivery for capital investment grants pilot program under section 3005(b) of
the Fixing America's Surface Transportation Act shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United States
Code, without further evaluation or rating under such section: Provided
further, That such funding shall not exceed the Federal share under section
3005(b): Provided further, That for funds made available under this heading in
division J of Public Law 117-58 the second through sixth provisos shall be
treated as inapplicable for fiscal year 2024: Provided further, That amounts
repurposed pursuant to the preceding proviso that were previously designated by
the Congress as an emergency requirement pursuant to a concurrent resolution on
the budget are designated as an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and to legislation establishing fiscal year 2024
budget enforcement in the House of Representatives.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432), $150,000,000, to remain available
until expended: Provided, That the Secretary of Transportation shall approve
grants for capital and preventive maintenance expenditures for the Washington
Metropolitan Area Transit Authority only after receiving and reviewing a request
for each specific project: Provided further, That the Secretary shall determine
that the Washington Metropolitan Area Transit Authority has placed the highest
priority on those investments that will improve the safety of the system before
approving such grants.
administrative provisions--federal transit administration
(including rescission)
(including transfer of funds)
Sec. 160. The limitations on obligations for the programs of the Federal
Transit Administration shall not apply to any authority under 49 U.S.C. 5338,
previously made available for obligation, or to any other authority previously
made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds appropriated or
limited by this Act under the heading ``Capital Investment Grants'' of the
Federal Transit Administration for projects specified in this Act not obligated
by September 30, 2027, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they were originally
provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2023, under any section of chapter 53 of title
49, United States Code, that remain available for expenditure, may be
transferred to and administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or any other Act
shall be used to adjust apportionments or withhold funds from apportionments
pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any other Act
shall be used to impede or hinder project advancement or approval for any
project seeking a Federal contribution from the capital investment grants
program of greater than 40 percent of project costs as authorized under section
5309 of title 49, United States Code.
Sec. 165. Of the unobligated balances made available before October 1, 2013
for ``Transit Research'' in Treasury Account 69-X-1137, $977,955 is hereby
permanently rescinded.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and borrowing
authority available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as provided
by section 9104 of title 31, United States Code, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current fiscal
year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and capital
infrastructure activities on portions of the St. Lawrence Seaway owned,
operated, and maintained by the Great Lakes St. Lawrence Seaway Development
Corporation, $40,288,000, to be derived from the Harbor Maintenance Trust Fund,
pursuant to section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238): Provided, That of the amounts made available under this heading,
not less than $16,300,000 shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission)
For necessary expenses to maintain and preserve a U.S.-flag merchant fleet
as authorized under chapter 531 of title 46, United States Code, to serve the
national security needs of the United States, $318,000,000, to remain available
until expended: Provided, That of the unobligated balances from prior year
appropriations available under this heading, $17,000,000 are hereby permanently
rescinded.
cable security fleet
For the cable security fleet program, as authorized under chapter 532 of
title 46, United States Code, $10,000,000, to remain available until expended.
tanker security program
(including rescission)
For Tanker Security Fleet payments, as authorized under section 53406 of
title 46, United States Code, $60,000,000, to remain available until expended:
Provided, That funds appropriated for the tanker security fleet program in the
Consolidated Appropriations Act, 2022 (Public Law 117-103) shall be available as
authorized under section 53406 of title 46, United States Code, and for the
Secretary to timely reimburse each program participant up to $2,500,000 for each
of its vessels covered by an operating agreement under section 53403 of title
46, United States Code, for verifiable training and other costs incurred to
ensure that mariners on such vessels are fully qualified to meet the specialized
requirements to serve on product tank vessels: Provided further, That of the
unobligated balances from prior year appropriations available under this
heading, $21,000,000 are hereby permanently rescinded.
operations and training
For necessary expenses of operations and training activities authorized by
law, $267,775,000: Provided, That of the sums appropriated under this heading--
(1) $92,729,000 shall remain available until September 30, 2025, for
the operations of the United States Merchant Marine Academy;
(2) $22,000,000 shall remain available until expended for facilities
maintenance and repair, and equipment, at the United States Merchant
Marine Academy;
(3) $70,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy;
(4) $7,500,000 shall remain available until September 30, 2025, for
the maritime environmental and technical assistance program authorized
under section 50307 of title 46, United States Code; and
(5) $5,000,000 shall remain available until expended, for the United
States marine highway program to make grants for the purposes authorized
under section 55601 of title 46, United States Code:
Provided further, That the Administrator of the Maritime Administration shall
transmit to the House and Senate Committees on Appropriations the annual report
on sexual assault and sexual harassment at the United States Merchant Marine
Academy as required pursuant to section 3510 of the National Defense
Authorization Act for fiscal year 2017 (46 U.S.C. 51318): Provided further,
That available balances under this heading for the short sea transportation
program or America's marine highway program (now known as the United States
marine highway program) from prior year recoveries shall be available to carry
out activities authorized under section 55601 of title 46, United States Code.
state maritime academy operations
For necessary expenses of operations, support, and training activities for
State Maritime Academies, $125,788,000: Provided, That of the sums appropriated
under this heading--
(1) $22,000,000 shall remain available until expended for
maintenance, repair, and life extension of training ships at the State
Maritime Academies;
(2) $86,588,000 shall remain available until expended for the
national security multi-mission vessel program, including funds for
construction, planning, administration, and design of school ships and,
as determined by the Secretary, necessary expenses to design, plan,
construct infrastructure, and purchase equipment necessary to berth such
ships, of which up to $8,900,000 may be used for expenses related to the
oversight and management of school ships to include the purchase of
equipment and the repair and maintenance of training vessels: Provided,
That such funds may be used to reimburse State Maritime Academies for
costs incurred prior to the date of enactment of this Act;
(3) $2,400,000 shall remain available until September 30, 2028, for
the student incentive program;
(4) $8,800,000 shall remain available until expended for training
ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30, 2025, for
direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section 54101 of
title 46, United States Code, $8,750,000, to remain available until expended.
ship disposal
(including rescission)
For necessary expenses related to the disposal of obsolete vessels in the
National Defense Reserve Fleet of the Maritime Administration, $6,000,000, to
remain available until expended: Provided, That of the unobligated balances
from prior year appropriations made available under this heading, $3,664,000 are
hereby permanently rescinded.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, $53,586,000, of which $50,586,000 shall
remain available until expended: Provided, That such costs, including the costs
of modifying such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That not to exceed $3,000,000
shall be for administrative expenses to carry out the guaranteed loan program,
which shall be transferred to and merged with the appropriations for ``Maritime
Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under section 54301
of title 46, United States Code, and section 3501(a)(9) of the National Defense
Authorization Act for fiscal year 2024 (Public Law 118-31), $120,460,124, to
remain available until expended: Provided, That of the sums appropriated under
this heading in this Act--
(1) $50,000,000 shall be for projects for coastal seaports, inland
river ports, or Great Lakes ports, of which not less than $42,000,000
shall be for coastal seaports or Great Lakes ports: Provided, That for
grants awarded under this paragraph in this Act, the minimum grant size
shall be $1,000,000; and
(2) $70,460,124 shall be for the purposes, and in the amounts,
specified for Community Project Funding included in the table entitled
``Community Project Funding/Congressionally Directed Spending'' included
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in addition to
any existing authority, the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in connection with any lease,
contract, or occupancy involving Government property under control of the
Maritime Administration: Provided, That payments received therefor shall be
credited to the appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities, services, or
repairs shall be deposited into the Treasury as miscellaneous receipts.
Sec. 171. There is hereby appropriated $12,000,000, to remain available
until expended, for expenses necessary for the Secretary of Transportation to
enter into a contract to complete the designs of ten sealift vessels for the
National Defense Reserve Fleet.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous Materials
Safety Administration, $31,681,000, of which $4,500,000 shall remain available
until September 30, 2026.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety functions
of the Pipeline and Hazardous Materials Safety Administration, $74,556,000, of
which $12,070,000 shall remain available until September 30, 2026, of which
$1,000,000 shall be made available for carrying out section 5107(i) of title 49,
United States Code: Provided, That up to $800,000 in fees collected under
section 5108(g) of title 49, United States Code, shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in performance of hazardous
materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as authorized
by section 60107 of title 49, United States Code, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990 (Public Law 101-380),
$218,186,000, to remain available until September 30, 2026, of which $30,000,000
shall be derived from the Oil Spill Liability Trust Fund; of which $180,786,000
shall be derived from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title 49, United States
Code, and deposited in the Liquefied Natural Gas Siting Account for compliance
reviews of liquefied natural gas facilities; and of which $7,000,000 shall be
derived from fees collected under section 60302 of title 49, United States Code,
and deposited in the Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out section 60141 of title 49, United States Code:
Provided, That not less than $1,058,000 of the amounts made available under this
heading shall be for the one-call state grant program: Provided further, That
any amounts made available under this heading in this Act or in prior Acts for
research contracts, grants, cooperative agreements or research other
transactions agreements (OTAs) shall require written notification to the House
and Senate Committees on Appropriations not less than 3 full business days
before such research contracts, grants, cooperative agreements, or research OTAs
are announced by the Department of Transportation: Provided further, That the
Secretary shall transmit to the House and Senate Committees on Appropriations
the report on pipeline safety testing enhancement as required pursuant to
section 105 of the Protecting our Infrastructure of Pipelines and Enhancing
Safety Act of 2020 (division R of Public Law 116-260): Provided further, That
the Secretary may obligate amounts made available under this heading to
engineer, erect, alter, and repair buildings or make any other public
improvements for research facilities at the Transportation Technology Center
after the Secretary submits an updated research plan and the report in the
preceding proviso to the House and Senate Committees on Appropriations and after
such plan and report in the preceding proviso are approved by the House and
Senate Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness Grants
program, not more than $46,825,000 shall remain available until September 30,
2026, from amounts made available by section 5116(h) and subsections (b) and (c)
of section 5128 of title 49, United States Code: Provided, That notwithstanding
section 5116(h)(4) of title 49, United States Code, not more than 4 percent of
the amounts made available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and 5108(g)(2) of
title 49, United States Code: Provided further, That notwithstanding
subsections (b) and (c) of section 5128 of title 49, United States Code, and the
limitation on obligations provided under this heading, prior year recoveries
recognized in the current year shall be available to develop and deliver
hazardous materials emergency response training for emergency responders,
including response activities for the transportation of crude oil, ethanol,
flammable liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such training
available through an electronic format: Provided further, That the prior year
recoveries made available under this heading shall also be available to carry
out sections 5116(a)(1)(C), 5116(h), 5116(i), 5116(j), and 5107(e) of title 49,
United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry out the
provisions of the Inspector General Act of 1978, as amended, $116,452,000:
Provided, That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as amended (5
U.S.C. App.), to investigate allegations of fraud, including false statements to
the government (18 U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable appropriations to
the Department of Transportation shall be available for maintenance and
operation of aircraft; hire of passenger motor vehicles and aircraft; purchase
of liability insurance for motor vehicles operating in foreign countries on
official department business; and uniforms or allowances therefor, as authorized
by sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to the
Department and its operating administrations shall be available for the
purchase, maintenance, operation, and deployment of unmanned aircraft systems
that advance the missions of the Department of Transportation or an operating
administration of the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted for by
the Department prior to the date of enactment of this Act shall be deemed
authorized by Congress as if this provision was in effect when the system was
purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by section 3109 of
title 5, United States Code, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act shall
disseminate personal information (as defined in section 2725(3) of title 18,
United States Code) obtained by a State department of motor vehicles in
connection with a motor vehicle record as defined in section 2725(1) of title
18, United States Code, except as provided in section 2721 of title 18, United
States Code, for a use permitted under section 2721 of title 18, United States
Code.
(b) Notwithstanding subsection (a), the Secretary shall not withhold amounts
made available by this Act for any grantee if a State is in noncompliance with
this provision.
Sec. 183. None of the funds made available by this Act shall be available
for salaries and expenses of more than 125 political and Presidential appointees
in the Department of Transportation: Provided, That none of the personnel
covered by this provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and Federal
Railroad Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's ``Federal-Aid
Highways'' account and to the Federal Railroad Administration's ``Safety and
Operations'' account, except for State rail safety inspectors participating in
training pursuant to section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in title VIII of
division J of Public Law 117-58 to the Department of Transportation may be used
to make a loan, loan guarantee, line of credit, letter of intent, federally
funded cooperative agreement, full funding grant agreement, or discretionary
grant unless the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days before any
project competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, federally funded cooperative agreement, or full funding grant
agreement is announced by the Department or its operating administrations:
Provided, That the Secretary of Transportation shall provide the House and
Senate Committees on Appropriations with a comprehensive list of all such loans,
loan guarantees, lines of credit, letters of intent, federally funded
cooperative agreements, full funding grant agreements, and discretionary grants
prior to the notification required under the preceding proviso: Provided
further, That the Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and other funds
received by the Department of Transportation from travel management centers,
charge card programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the Department of Transportation
and allocated to organizational units of the Department of Transportation using
fair and equitable criteria and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any funds provided
by or limited by this Act are subject to a reprogramming action that requires
notice to be provided to the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided solely to the House
and Senate Committees on Appropriations, and such reprogramming action shall be
approved or denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to other
congressional committees of the action of the House and Senate Committees on
Appropriations on such reprogramming but not sooner than 30 days after the date
on which the reprogramming action has been approved or denied by the House and
Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating administrations
may be obligated for the Office of the Secretary for the costs related to
assessments or reimbursable agreements only when such amounts are for the costs
of goods and services that are purchased to provide a direct benefit to the
applicable operating administration or administrations.
Sec. 189. The Secretary of Transportation is authorized to carry out a
program that establishes uniform standards for developing and supporting agency
transit pass and transit benefits authorized under section 7905 of title 5,
United States Code, including distribution of transit benefits by various paper
and electronic media.
Sec. 190. The Department of Transportation may use funds provided by this
Act, or any other Act, to assist a contract under title 49 or 23 of the United
States Code utilizing geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation, policy or other
measure that forbids a recipient of a Federal Highway Administration or Federal
Transit Administration grant from imposing such hiring preference on a contract
or construction project with which the Department of Transportation is
assisting, only if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a pool of
readily available but unemployed individuals possessing the knowledge,
skill, and ability to perform the work that the contract requires
resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in
its bid document ensuring that the contractor does not displace any of
its existing employees in order to satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable statewide
transportation improvement program or transportation improvement
program.
Sec. 191. The Secretary of Transportation shall coordinate with the
Secretary of Homeland Security to ensure that best practices for Industrial
Control Systems Procurement are up-to-date and shall ensure that systems
procured with funds provided under this title were procured using such
practices.
Sec. 192. None of the funds made available in this Act may be used in
contravention of the American Security Drone Act of 2023 (subtitle B of title
XVIII of division A of Public Law 118-31).
This title may be cited as the ``Department of Transportation Appropriations
Act, 2024''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which shall be
comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory
Services, Congressional and Intergovernmental Relations, Public Affairs, Small
and Disadvantaged Business Utilization, and the Center for Faith-Based and
Neighborhood Partnerships, $19,400,000, to remain available until September 30,
2025: Provided, That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary of Housing and Urban
Development (referred to in this title as ``the Secretary'') for official
reception and representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support Offices,
$686,400,000, to remain available until September 30, 2025: Provided, That of
the sums appropriated under this heading--
(1) $91,000,000 shall be available for the Office of the Chief
Financial Officer;
(2) $129,700,000 shall be available for the Office of the General
Counsel, of which not less than $21,700,000 shall be for the
Departmental Enforcement Center;
(3) $239,000,000 shall be available for the Office of
Administration;
(4) $52,000,000 shall be available for the Office of the Chief Human
Capital Officer;
(5) $32,000,000 shall be available for the Office of the Chief
Procurement Officer;
(6) $68,000,000 shall be available for the Office of Field Policy
and Management;
(7) $4,700,000 shall be available for the Office of Departmental
Equal Employment Opportunity; and
(8) $70,000,000 shall be available for the Office of the Chief
Information Officer:
Provided further, That funds made available under this heading may be used for
necessary administrative and non-administrative expenses of the Department, not
otherwise provided for, including purchase of uniforms, or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code; hire of
passenger motor vehicles; and services as authorized by section 3109 of title 5,
United States Code: Provided further, That notwithstanding any other provision
of law, funds appropriated under this heading may be used for advertising and
promotional activities that directly support program activities funded in this
title.
program offices
For necessary salaries and expenses for Program Offices, $1,097,164,130, to
remain available until September 30, 2025: Provided, That of the sums
appropriated under this heading--
(1) $286,000,000 shall be available for the Office of Public and
Indian Housing;
(2) $168,514,130 shall be available for the Office of Community
Planning and Development;
(3) $487,550,000 shall be available for the Office of Housing;
(4) $41,000,000 shall be available for the Office of Policy
Development and Research;
(5) $102,900,000 shall be available for the Office of Fair Housing
and Equal Opportunity; and
(6) $11,200,000 shall be available for the Office of Lead Hazard
Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and Urban
Development (referred to in this paragraph as the ``Fund''), pursuant, in part,
to section 7(f) of the Department of Housing and Urban Development Act (42
U.S.C. 3535(f)), amounts transferred, including reimbursements pursuant to
section 7(f), to the Fund under this heading shall be available only for Federal
shared services used by offices and agencies of the Department, and for any such
portion of any office or agency's printing, records management, space
renovation, furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not be available to provide services not
specifically authorized under this heading: Provided further, That upon a
determination by the Secretary that any other service (or portion thereof)
authorized under this heading shall be provided through the Fund, amounts made
available in this title for salaries and expenses under the headings ``Executive
Offices'', ``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall be
transferred to the Fund, to remain available until expended: Provided further,
That the Secretary shall notify the House and Senate Committees on
Appropriations of its plans for executing such transfers at least 15 days in
advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based rental
assistance authorized under the United States Housing Act of 1937, as amended
(42 U.S.C. 1437 et seq.) (in this title ``the Act''), not otherwise provided
for, $28,386,831,000, to remain available until expended, which shall be
available on October 1, 2023 (in addition to the $4,000,000,000 previously
appropriated under this heading that shall be available on October 1, 2023), of
which $6,000,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and $4,000,000,000, to remain available
until expended, which shall be available on October 1, 2024: Provided, That of
the sums appropriated under this heading--
(1) $28,490,955,000 shall be available for renewals of expiring
section 8 tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act) and including renewal of
other special purpose incremental vouchers: Provided, That
notwithstanding any other provision of law, from amounts provided under
this paragraph and any carryover, the Secretary for the calendar year
2024 funding cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS) leasing and
cost data for the prior calendar year and by applying an inflation
factor as established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for the costs
associated with the first-time renewal of vouchers under this paragraph
including tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph may be
used to fund a total number of unit months under lease which exceeds a
public housing agency's authorized level of units under contract, except
for public housing agencies participating in the Moving to Work (MTW)
demonstration, which are instead governed in accordance with the
requirements of the MTW demonstration program or their MTW agreements,
if any: Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this paragraph
(except as otherwise modified under this paragraph), prorate each public
housing agency's allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided in the following
provisos, the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated to the
public housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public housing agencies
of their annual budget by the latter of 60 days after enactment of this
Act or March 1, 2024: Provided further, That the Secretary may extend
the notification period only after the House and Senate Committees on
Appropriations are notified at least 10 business days in advance of the
extension: Provided further, That public housing agencies participating
in the MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW agreements,
if any, and shall be subject to the same pro rata adjustments under the
preceding provisos: Provided further, That the Secretary may offset
public housing agencies' calendar year 2024 allocations based on the
excess amounts of public housing agencies' net restricted assets
accounts, including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2023 that is verifiable and complete), as
determined by the Secretary: Provided further, That public housing
agencies participating in the MTW demonstration shall also be subject to
the offset, as determined by the Secretary, excluding amounts subject to
the single fund budget authority provisions of their MTW agreements,
from the agencies' calendar year 2024 MTW funding allocation: Provided
further, That the Secretary shall use any offset referred to in the
preceding two provisos throughout the calendar year to prevent the
termination of rental assistance for families as the result of
insufficient funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations: Provided further,
That up to $200,000,000 shall be available only:
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act, or an adjustment for a
funding obligation not yet expended in the previous calendar
year for a MTW-eligible activity to develop affordable housing
for an agency added to the MTW demonstration under the expansion
authority provided in section 239 of the Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2016 (division L of Public Law 114-113);
(C) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that--
(i) are leasing a lower-than-average percentage of
their authorized vouchers,
(ii) have low amounts of budget authority in their
net restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing agency
after the agency's actual costs were validated; and
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 et seq.):
Provided further, That the Secretary shall allocate amounts under the
preceding proviso based on need, as determined by the Secretary;
(2) $337,000,000 shall be available for section 8 rental assistance
for relocation and replacement of housing units that are demolished or
disposed of pursuant to section 18 of the Act, conversion of section 23
projects to assistance under section 8, relocation of witnesses
(including victims of violent crimes) in connection with efforts to
combat crime in public and assisted housing pursuant to a request from a
law enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t) of the
Act, Choice Neighborhood vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the displacement
of unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced pursuant
to Public Law 106-569, as amended, or under the authority as provided
under this Act: Provided, That when a public housing development is
submitted for demolition or disposition under section 18 of the Act, the
Secretary may provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided further, That
the Secretary may provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a project-based
subsidy contract funded under the ``Project-Based Rental Assistance''
heading under this title where the owner has received a Notice of
Default and the units pose an imminent health and safety risk to
residents: Provided further, That of the amounts made available under
this paragraph, no less than $5,000,000 may be available to provide
tenant protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who may have
to pay rents greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan that
requires the permission of the Secretary prior to loan prepayment; (B)
the expiration of a rental assistance contract for which the tenants are
not eligible for enhanced voucher or tenant protection assistance under
existing law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by the
Secretary: Provided further, That such tenant protection assistance
made available under the preceding proviso may be provided under the
authority of section 8(t) or section 8(o)(13) of the Act: Provided
further, That any tenant protection voucher made available from amounts
under this paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary by notice,
when the initial family that received any such voucher no longer
receives such voucher, and the authority for any public housing agency
to issue any such voucher shall cease to exist: Provided further, That
the Secretary may only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be available as
assisted housing, subject only to the availability of funds;
(3) $2,770,935,000 shall be available for administrative and other
expenses of public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to $30,000,000 shall
be available to the Secretary to allocate to public housing agencies
that need additional funds to administer their section 8 programs,
including fees associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers, HUD-VASH
vouchers, and other special purpose incremental vouchers: Provided,
That no less than $2,740,935,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the calendar
year 2024 funding cycle based on section 8(q) of the Act (and related
appropriation Act provisions) as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of 1998
(Public Law 105-276): Provided further, That if the amounts made
available under this paragraph are insufficient to pay the amounts
determined under the preceding proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under the
preceding proviso, utilize unobligated balances, including recaptures
and carryover, remaining from funds appropriated under this heading from
prior fiscal years, excluding special purpose vouchers, notwithstanding
the purposes for which such amounts were appropriated: Provided
further, That all public housing agencies participating in the MTW
demonstration shall be funded in accordance with the requirements of the
MTW demonstration program or their MTW agreements, if any, and shall be
subject to the same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided under this paragraph
shall be only for activities related to the provision of tenant-based
rental assistance authorized under section 8, including related
development activities;
(4) $742,941,000 shall be available for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and other
expenses of public housing agencies in administering the special purpose
vouchers in this paragraph shall be funded under the same terms and be
subject to the same pro rata reduction as the percent decrease for
administrative and other expenses to public housing agencies under
paragraph (3) of this heading: Provided further, That up to $10,000,000
shall be available only--
(A) for adjustments in the allocation for public housing
agencies, after applications for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the rental
assistance for Mainstream families as a result of insufficient
funding:
Provided further, That the Secretary shall allocate amounts under the
preceding proviso based on need, as determined by the Secretary:
Provided further, That upon turnover, section 811 special purpose
vouchers funded under this heading in this or prior Acts, or under any
other heading in prior Acts, shall be provided to non-elderly persons
with disabilities;
(5) of the amounts provided under paragraph (1), up to $7,500,000
shall be available for rental assistance and associated administrative
fees for Tribal HUD-VASH to serve Native American veterans that are
homeless or at-risk of homelessness living on or near a reservation or
other Indian areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance under prior
Acts under the Tribal HUD-VASH program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal grants,
including data on the utilization of assistance reported by grant
recipients: Provided further, That such assistance shall be
administered in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of 1996 and
modeled after the HUD-VASH program: Provided further, That the
Secretary shall be authorized to waive, or specify alternative
requirements for any provision of any statute or regulation that the
Secretary administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a finding
by the Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
assistance: Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That the
Secretary may reallocate, as determined by the Secretary, amounts
returned or recaptured from awards under the Tribal HUD-VASH program
under prior Acts to existing recipients under the Tribal HUD-VASH
program;
(6) $15,000,000 shall be available for incremental rental voucher
assistance for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as authorized under
section 8(o)(19) of the United States Housing Act of 1937: Provided,
That the Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition provision)
of this title, to public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for such
assistance as identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance, and other
factors as specified by the Secretary of Housing and Urban Development
in consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for (in
consultation with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary of Housing
and Urban Development administers in connection with the use of funds
made available under this paragraph (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That assistance made
available under this paragraph shall continue to remain available for
homeless veterans upon turn-over: Provided further, That of the total
amount made available under this paragraph, up to $10,000,000 may be for
additional fees established by and allocated pursuant to a method
determined by the Secretary for administrative and other expenses
(including those eligible activities defined by notice to facilitate
leasing, such as security deposit assistance and costs related to the
retention and support of participating owners) of public housing
agencies in administering HUD-VASH vouchers;
(7) $30,000,000 shall be available for the family unification
program as authorized under section 8(x) of the Act: Provided, That the
amounts made available under this paragraph are provided as follows:
(A) $5,000,000 shall be available for new incremental
voucher assistance, which shall continue to remain available for
family unification upon turnover; and
(B) $25,000,000 shall be available for new incremental
voucher assistance to assist eligible youth as defined by such
section 8(x)(2)(B) of the Act, which shall continue to remain
available for such eligible youth upon turnover: Provided, That
such amounts shall be available on a noncompetitive basis to
public housing agencies that partner with public child welfare
agencies to identify such eligible youth, that request such
assistance to timely assist such eligible youth, and that meet
any other criteria as specified by the Secretary: Provided
further, That the Secretary shall review utilization of such
assistance and assistance originating from appropriations made
available for youth under this heading in any prior Act that the
Secretary made available on a noncompetitive basis, at an
interval to be determined by the Secretary, and unutilized
voucher assistance that is no longer needed based on such review
shall be recaptured by the Secretary and reallocated pursuant to
the preceding proviso:
Provided further, That any public housing agency administering new
incremental voucher assistance originating from appropriations made
available for the family unification program under this heading in this
or any prior Act that the Secretary made available on a competitive
basis that determines it no longer has an identified need for such
assistance upon turnover shall notify the Secretary, and the Secretary
shall recapture such assistance from the agency and reallocate it to any
other public housing agency or agencies based on need for voucher
assistance in connection with such specified program or eligible youth,
as applicable; and
(8) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining from
funds appropriated to the Department of Housing and Urban Development under this
heading, the heading ``Annual Contributions for Assisted Housing'' and the
heading ``Project-Based Rental Assistance'', for fiscal year 2024 and prior
years may be used for renewal of or amendments to section 8 project-based
contracts and for performance-based contract administrators, notwithstanding the
purposes for which such funds were appropriated: Provided, That any obligated
balances of contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year, from
section 8 project-based contracts from source years fiscal year 1975 through
fiscal year 1987 are hereby rescinded, and an amount of additional new budget
authority, equivalent to the amount rescinded is hereby appropriated, to remain
available until expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing fund
For 2024 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''), and to carry out capital
and management activities for public housing agencies, as authorized under
section 9(d) of the Act (42 U.S.C. 1437g(d)), $8,810,784,000, to remain
available until September 30, 2027: Provided, That of the sums appropriated
under this heading--
(1) $5,475,784,000 shall be available for the Secretary to allocate
pursuant to the Operating Fund formula at part 990 of title 24, Code of
Federal Regulations, for 2024 payments;
(2) $25,000,000 shall be available for the Secretary to allocate
pursuant to a need-based application process notwithstanding section 203
of this title and not subject to such Operating Fund formula to public
housing agencies that experience, or are at risk of, financial
shortfalls, as determined by the Secretary: Provided, That after all
such shortfall needs are met, the Secretary may distribute any remaining
funds to all public housing agencies on a pro-rata basis pursuant to
such Operating Fund formula;
(3) $3,200,000,000 shall be available for the Secretary to allocate
pursuant to the Capital Fund formula at section 905.400 of title 24,
Code of Federal Regulations: Provided, That for funds provided under
this paragraph, the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the limitation
in the preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the preceding proviso if the request is
approved or denied within 14 days of submitting the request: Provided
further, That from the funds made available under this paragraph, the
Secretary shall provide bonus awards in fiscal year 2024 to public
housing agencies that are designated high performers: Provided further,
That the Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act;
(4) $30,000,000 shall be available for the Secretary to make grants,
notwithstanding section 203 of this title, to public housing agencies
for emergency capital needs, including safety and security measures
necessary to address crime and drug-related activity, as well as needs
resulting from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and Emergency Act
(42 U.S.C. 5121 et seq.) occurring in fiscal year 2024: Provided, That
of the amount made available under this paragraph, not less than
$10,000,000 shall be for safety and security measures: Provided
further, That in addition to the amount in the preceding proviso for
such safety and security measures, any amounts that remain available,
after all applications received on or before September 30, 2025, for
emergency capital needs have been processed, shall be allocated to
public housing agencies for such safety and security measures;
(5) $65,000,000 shall be available for competitive grants to public
housing agencies to evaluate and reduce residential health hazards in
public housing, including lead-based paint (by carrying out the
activities of risk assessments, abatement, and interim controls, as
those terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)), carbon monoxide,
mold, radon, and fire safety: Provided, That not less than $25,000,000
of the amounts provided under this paragraph shall be awarded for
evaluating and reducing lead-based paint hazards, except that if such
amount is undersubscribed any remaining amounts may be awarded to
qualified applicants for other purposes under this paragraph: Provided
further, That for purposes of environmental review, a grant under this
paragraph shall be considered funds for projects or activities under
title I of the Act for purposes of section 26 of the Act (42 U.S.C.
1437x) and shall be subject to the regulations implementing such
section; and
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive grants to
PHAs in receivership, designated troubled or substandard, or otherwise
at risk, as determined by the Secretary, for costs associated with
public housing asset improvement, in addition to other amounts for that
purpose provided under any heading under this title:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2024, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the Deputy
Secretary and the Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) of the Act regarding the extension
of the time periods under such section: Provided further, That for purposes of
such section 9(j), the term ``obligate'' means, with respect to amounts, that
the amounts are subject to a binding agreement that will result in outlays,
immediately or in the future.
assisted housing inspections and risk assessments
For the Department's inspection and assessment programs, including travel,
training, and program support contracts, $50,000,000 to remain available until
September 30, 2025: Provided, That unobligated balances, including recaptures
and carryover, remaining from funds appropriated under the heading ``Public
Housing Fund'' to support ongoing public housing financial and physical
assessment activities shall be available for the purposes authorized under this
heading in addition to the purposes for which such funds originally were
appropriated.
choice neighborhoods initiative
For competitive grants under the choice neighborhoods initiative (subject to
section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) (the
``Act'') unless otherwise specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public and HUD-assisted
housing and to transform neighborhoods of poverty into functioning, sustainable,
mixed-income neighborhoods with appropriate services, schools, public assets,
transportation, and access to jobs, $75,000,000, to remain available until
September 30, 2028: Provided, That grant funds may be used for resident and
community services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That the use of amounts made available under this
heading shall not be deemed to be for public housing, notwithstanding section
3(b)(1) of the Act: Provided further, That grantees shall commit to an
additional period of affordability determined by the Secretary of not fewer than
20 years: Provided further, That grantees shall provide a match in State,
local, other Federal, or private funds: Provided further, That grantees may
include local governments, Tribal entities, public housing agencies, and
nonprofit organizations: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing agency
under section 26 of the Act (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the regulations issued by the
Secretary to implement such section: Provided further, That of the amounts made
available under this heading, not less than $37,500,000 shall be awarded to
public housing agencies: Provided further, That such grantees shall create
partnerships with other local organizations, including assisted housing owners,
service agencies, and resident organizations: Provided further, That the
Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce, the
Attorney General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources: Provided
further, That not more than $10,000,000 of the amounts made available under this
heading may be provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That none of the
funds made available under this heading may be obligated for main street housing
grants under section 24(n) of the Act (42 U.S.C. 1437v(n)): Provided further,
That unobligated balances, including recaptures, remaining from amounts made
available under the heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years may be used for
purposes under this heading, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That the Secretary shall make grant awards
not later than 1 year after the date of enactment of this Act in such amounts
that the Secretary determines: Provided further, That notwithstanding section
24(o) of the Act (42 U.S.C. 1437v(o)), the Secretary may, until September 30,
2024, obligate any available unobligated balances made available under this
heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to self-sufficiency programs, to
remain available until September 30, 2027, $195,500,000: Provided, That of the
sums appropriated under this heading--
(1) $140,500,000 shall be available for the family self-sufficiency
program to support family self-sufficiency coordinators under section 23
of the United States Housing Act of 1937 (42 U.S.C. 1437u), to promote
the development of local strategies to coordinate the use of assistance
under sections 8 and 9 of such Act with public and private resources,
and enable eligible families to achieve economic independence and self-
sufficiency;
(2) $40,000,000 shall be available for the resident opportunity and
self-sufficiency program to provide for supportive services, service
coordinators, and congregate services as authorized by section 34 of the
United States Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided, That amounts made available under this
paragraph may be used to renew resident opportunity and self-sufficiency
program grants to allow the public housing agency, or a new owner, to
continue to serve (or restart service to) residents of a project with
assistance converted from public housing to project-based rental
assistance under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) or assistance under section 8(o)(13) of such Act under the
heading ``Rental Assistance Demonstration'' in the Department of Housing
and Urban Development Appropriations Act, 2012 (Public Law 112-55), as
amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a jobs-plus initiative,
modeled after the jobs-plus demonstration: Provided, That funding
provided under this paragraph shall be available for competitive grants
to partnerships between public housing authorities, local workforce
investment boards established under section 107 of the Workforce
Innovation and Opportunity Act of 2014 (29 U.S.C. 3122), and other
agencies and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided further,
That applicants must demonstrate the ability to provide services to
residents, partner with workforce investment boards, and leverage
service dollars: Provided further, That the Secretary may allow public
housing agencies to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States Housing Act of
1937 (42 U.S.C. 1437a, 1437d), as necessary to implement the jobs-plus
program, on such terms and conditions as the Secretary may approve upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation of the jobs-
plus initiative as a voluntary program for residents: Provided further,
That the Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding proviso no
later than 10 days before the effective date of such notice.
native american programs
For activities and assistance authorized under title I of the Native
American Housing Assistance and Self-Determination Act of 1996 (in this heading
``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian tribes,
and related training and technical assistance, $1,344,000,000, to remain
available until September 30, 2028: Provided, That of the sums appropriated
under this heading--
(1) $1,111,000,000 shall be available for the Native American
housing block grants program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian tribe, the
Secretary shall apply the formula under section 302 of such Act with the
need component based on single-race census data and with the need
component based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further, That the Secretary
shall notify grantees of their formula allocation not later than 60 days
after the date of enactment of this Act;
(2) $150,000,000 shall be available for competitive grants under the
Native American housing block grants program, as authorized under title
I of NAHASDA: Provided, That the Secretary shall obligate such amount
for competitive grants to eligible recipients authorized under NAHASDA
that apply for funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider need and
administrative capacity, and shall give priority to projects that will
spur construction and rehabilitation of housing: Provided further, That
any amounts transferred for the necessary costs of administering and
overseeing the obligation and expenditure of such additional amounts in
prior Acts may also be used for the necessary costs of administering and
overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA: Provided,
That such costs, including the cost of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a): Provided further, That amounts made
available in this and prior Acts for the cost of such guaranteed notes
and other obligations that are unobligated, including recaptures and
carryover, may be available to subsidize the total principal amount of
any notes and other obligations, any part of which is to be guaranteed,
not to exceed $50,000,000, to remain available until September 30, 2025;
(4) $75,000,000 shall be available for grants to Indian tribes for
carrying out the Indian community development block grant program under
title I of the Housing and Community Development Act of 1974,
notwithstanding section 106(a)(1) of such Act, of which, notwithstanding
any other provision of law (including section 203 of this Act), not more
than $5,000,000 may be used for emergencies that constitute imminent
threats to health and safety: Provided, That not to exceed 20 percent
of any grant made with amounts made available in this paragraph shall be
expended for planning and management development and administration; and
(5) $7,000,000, in addition to amounts otherwise available for such
purpose, shall be available for providing training and technical
assistance to Indian tribes, Indian housing authorities, and tribally
designated housing entities, to support the inspection of Indian housing
units, for contract expertise, and for training and technical assistance
related to amounts made available under this heading and other headings
in this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national organization
as authorized under section 703 of NAHASDA (25 U.S.C. 4212): Provided
further, That amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary: Provided
further, That notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements Act of
1977), the amounts made available in this paragraph may be used by the
Secretary to enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical assistance
providers to support the administration of negotiated rulemaking under
section 106 of NAHASDA (25 U.S.C. 4116), the administration of the
allocation formula under section 302 of NAHASDA (25 U.S.C. 4152), and
the administration of performance tracking and reporting under section
407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), $1,500,000,
to remain available until expended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That
amounts made available in this and prior Acts for the cost of guaranteed loans,
as authorized by section 184 of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, may be available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed $1,800,000,000, to remain available until
September 30, 2025.
native hawaiian housing block grant
For the Native Hawaiian housing block grant program, as authorized under
title VIII of the Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to remain available until
September 30, 2028: Provided, That notwithstanding section 812(b) of such Act,
the Department of Hawaiian Home Lands may not invest grant amounts made
available under this heading in investment securities and other obligations:
Provided further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible Native
Hawaiian families both on and off the Hawaiian Home Lands, notwithstanding any
other provision of law: Provided further, That up to $1,000,000 of the amounts
made available under this heading may be for training and technical assistance
related to amounts made available under this heading and other headings in this
Act for the needs of Native Hawaiians and the Department of Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section 184A of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), any part of
which is to be guaranteed, shall not exceed $28,000,000 in total loan principal,
to remain available until September 30, 2025: Provided, That the Secretary may
enter into commitments to guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the housing opportunities for persons with AIDS program, as
authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.),
$505,000,000, to remain available until September 30, 2027: Provided, That the
Secretary shall renew or replace all expiring contracts for permanent supportive
housing that initially were funded under section 854(c)(5) of such Act from
funds made available under this heading in fiscal year 2010 and prior fiscal
years that meet all program requirements before awarding funds for new contracts
under such section: Provided further, That the process for submitting
amendments and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, That the Department shall notify
grantees of their formula allocation within 60 days of enactment of this Act.
community development fund
For assistance to States and units of general local government, and other
entities, for economic and community development activities, and other purposes,
$6,720,054,336, to remain available until September 30, 2027: Provided, That of
the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the community
development block grant program under title I of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.)
(in this heading ``the Act''): Provided, That not to exceed 20 percent
of any grant made with funds made available under this paragraph shall
be expended for planning and management development and administration:
Provided further, That a metropolitan city, urban county, unit of
general local government, or insular area that directly or indirectly
receives funds under this paragraph may not sell, trade, or otherwise
transfer all or any portion of such funds to another such entity in
exchange for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title I of the
Act: Provided further, That notwithstanding section 105(e)(1) of the
Act, no funds made available under this paragraph may be provided to a
for-profit entity for an economic development project under section
105(a)(17) unless such project has been evaluated and selected in
accordance with guidelines required under subsection (e)(2) of section
105;
(2) $100,000,000 shall be available for the Secretary to award
grants on a competitive basis to State and local governments,
metropolitan planning organizations, and multijurisdictional entities
for additional activities under title I of the Act for the
identification and removal of barriers to affordable housing production
and preservation: Provided, That eligible uses of such grants include
activities to further develop, evaluate, and implement housing policy
plans, improve housing strategies, and facilitate affordable housing
production and preservation: Provided further, That the Secretary shall
prioritize applicants that are able to (A) demonstrate progress and a
commitment to overcoming local barriers to facilitate the increase in
affordable housing production and preservation, primarily by having
enacted improved laws and regulations that the Secretary reasonably
expects to preserve or produce new housing units; and (B) demonstrate an
acute need for housing affordable to households with incomes below 100
percent of the area median income: Provided further, That grantees
shall report to the Secretary regularly on their activities and
outcomes: Provided further, That the Secretary shall analyze observable
housing production, preservation, and cost trends in the participating
jurisdictions or geographic areas: Provided further, That funds
allocated for such grants shall not adversely affect the amount of any
formula assistance received by a jurisdiction under paragraph (1) of
this heading: Provided further, That in administering such amounts the
Secretary may waive or specify alternative requirements for any
provision of such title I except for requirements related to fair
housing, nondiscrimination, labor standards, the environment, and
requirements that activities benefit persons of low- and moderate-
income, upon a finding that any such waivers or alternative requirements
are necessary to expedite or facilitate the use of such amounts;
(3) $30,000,000 shall be available for activities authorized under
section 8071 of the SUPPORT for Patients and Communities Act (Public Law
115-271): Provided, That funds allocated pursuant to this paragraph
shall not adversely affect the amount of any formula assistance received
by a State under paragraph (1) of this heading: Provided further, That
the Secretary shall allocate the funds for such activities based on the
notice establishing the funding formula published in 84 FR 16027 (April
17, 2019) except that the formula shall use age-adjusted rates of drug
overdose deaths for 2021 based on data from the Centers for Disease
Control and Prevention; and
(4) $3,290,054,336 shall be available for grants for the Economic
Development Initiative (EDI) for the purposes, and in amounts, specified
for Community Project Funding/Congressionally Directed Spending in the
table entitled ``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That eligible expenses of such grants in this and prior Acts
may include administrative, planning, operations and maintenance, and
other costs: Provided further, That such grants for the EDI shall be
available for reimbursement of otherwise eligible expenses incurred on
or after the date of enactment of this Act and prior to the date of
grant execution: Provided further, That none of the amounts made
available under this paragraph for grants for the EDI shall be used for
reimbursement of expenses incurred prior to the date of enactment of
this Act: Provided further, That grants for the EDI authorized under
this heading in the Department of Housing and Urban Development
Appropriations Act, 2022 (Public Law 117-103) shall also be available
hereafter for reimbursement of otherwise eligible expenses (including
those eligible expenses identified in the first proviso of this
paragraph) incurred on or after the date of enactment of such Act and
prior to the date of grant execution, and shall hereafter not be subject
to the second proviso under such heading in such Act:
Provided further, That for amounts made available under paragraphs (1) and
(3), the Secretary shall notify grantees of their formula allocation within 60
days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a), during fiscal year 2024, commitments to guarantee loans under section 108
of the Housing and Community Development Act of 1974 (42 U.S.C. 5308), any part
of which is guaranteed, shall not exceed a total principal amount of
$400,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding subsection (m)
of such section 108, to result in a credit subsidy cost of zero for guaranteeing
such loans, and any such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any State on
behalf of non-entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any State receiving
such a guarantee or commitment under the preceding proviso shall distribute all
funds subject to such guarantee to the units of general local government in non-
entitlement areas that received the commitment.
home investment partnerships program
For the HOME investment partnerships program, as authorized under title II
of the Cranston-Gonzalez National Affordable Housing Act, as amended (42 U.S.C.
12721 et seq.), $1,250,000,000, to remain available until September 30, 2027:
Provided, That notwithstanding section 231(b) of such Act (42 U.S.C. 12771(b)),
all unobligated balances remaining from amounts recaptured pursuant to such
section that remain available until expended shall be combined with amounts made
available under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)): Provided further,
That the Department shall notify grantees of their formula allocations within 60
days after enactment of this Act: Provided further, That section 218(g) of such
Act (42 U.S.C. 12748(g)) shall not apply with respect to the right of a
jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise
expired or would expire in any calendar year from 2018 through 2026 under that
section: Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or would be
deducted from the line of credit in the participating jurisdiction's HOME
Investment Trust Fund in any calendar year from 2018 through 2026 under that
section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize manufactured housing and
eligible manufactured housing communities (including pre-1976 mobile homes)
under title I of the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.), $10,000,000, to remain available until September 30,
2028: Provided, That recipients of grants provided with amounts made available
under this heading shall be States, units of general local government, resident-
owned manufactured housing communities, cooperatives, nonprofit entities
including consortia of nonprofit entities, community development financial
institutions, Indian Tribes (as such term is defined in section 4 of the Native
American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4103)), or other entities approved by the Secretary: Provided further,
That the Secretary shall reserve an amount for Indian Tribes within such
competition: Provided further, That the Secretary may approve entities for
selection that partner with one or several residents of such eligible
communities or that propose to implement a grant program that would assist
residents of such eligible communities: Provided further, That eligible uses of
such grants may include infrastructure, planning, resident and community
services (including relocation assistance and eviction prevention), resiliency
activities, and providing other assistance to residents or owners of
manufactured homes, which may include providing assistance for manufactured
housing land and site acquisition: Provided further, That, except as determined
by the Secretary, participation in this program shall not encumber the future
transfer of title or use of property by the residents, owners, or communities:
Provided further, That when selecting recipients, the Secretary shall prioritize
applications that primarily benefit low- or moderately low-income residents and
preserve long-term housing affordability for residents of manufactured housing
or a manufactured housing community: Provided further, That eligible
manufactured housing communities may include those that are--
(1) owned by the residents of the manufactured housing community
through a resident-controlled entity, as defined by the Secretary; or
(2) determined by the Secretary to be subject to binding agreements
that will preserve the community and maintain affordability on a long-
term basis:
Provided further, That resiliency activities means the reconstruction, repair,
or replacement of manufactured housing and manufactured housing communities to
protect the health and safety of manufactured housing residents and to address
weatherization and energy efficiency needs, except that for pre-1976 mobile
homes, funds made available under this heading may be used only for replacement:
Provided further, That the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation that the Secretary
administers in connection with the use of amounts made available under this
heading (except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver or
alternative requirement is necessary to facilitate the use of such amounts.
self-help and assisted homeownership opportunity program
For the self-help and assisted homeownership opportunity program, as
authorized under section 11 of the Housing Opportunity Program Extension Act of
1996 (42 U.S.C. 12805 note), and for related activities and assistance,
$60,000,000, to remain available until September 30, 2026: Provided, That of
the sums appropriated under this heading--
(1) $12,000,000 shall be available for the self-help homeownership
opportunity program as authorized under such section 11;
(2) $42,000,000 shall be available for the second, third, and fourth
capacity building entities specified in section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be for rural capacity building activities: Provided,
That for purposes of awarding grants from amounts made available in this
paragraph, the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual appropriations; and
(3) $6,000,000 shall be available for capacity building by national
rural housing organizations having experience assessing national rural
conditions and providing financing, training, technical assistance,
information, and research to local nonprofit organizations, local
governments, and Indian Tribes serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11360 et seq.), and for related activities and assistance,
$4,051,000,000, to remain available until September 30, 2026: Provided, That of
the sums appropriated under this heading--
(1) $290,000,000 shall be available for the emergency solutions
grants program authorized under subtitle B of such title IV (42 U.S.C.
11371 et seq.): Provided, That the Department shall notify grantees of
their formula allocation from amounts allocated (which may represent
initial or final amounts allocated) for the emergency solutions grant
program not later than 60 days after enactment of this Act;
(2) $3,544,000,000 shall be available for the continuum of care
program authorized under subtitle C of such title IV (42 U.S.C. 11381 et
seq.) and the rural housing stability assistance programs authorized
under subtitle D of such title IV (42 U.S.C. 11408): Provided, That the
Secretary shall prioritize funding under the continuum of care program
to continuums of care that have demonstrated a capacity to reallocate
funding from lower performing projects to higher performing projects:
Provided further, That the Secretary may make reasonable adjustments to
renewal amounts to enable renewal projects to operate at substantially
the same levels, including cost-of-living adjustments for supportive
services from the prior grant: Provided further, That the Secretary
shall provide incentives to create projects that coordinate with housing
providers and healthcare organizations to provide permanent supportive
housing and rapid re-housing services: Provided further, That the
Secretary may establish by notice an alternative maximum amount for
administrative costs related to the requirements described in sections
402(f)(1) and 402(f)(2) of subtitle A of such title IV of no more than 5
percent or $50,000, whichever is greater, notwithstanding the 3 percent
limitation in section 423(a)(10) of such subtitle C: Provided further,
That of the amounts made available for the continuum of care program
under this paragraph, $52,000,000 shall be for grants for new rapid re-
housing projects and supportive service projects providing coordinated
entry, and for eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking, except that the Secretary may
make additional grants for such projects and purposes from amounts made
available for such continuum of care program: Provided further, That
amounts made available for the continuum of care program under this
paragraph and any remaining unobligated balances under this heading in
prior Acts may be used to competitively or non-competitively renew or
replace grants for youth homeless demonstration projects under the
continuum of care program, notwithstanding any conflict with the
requirements of the continuum of care program;
(3) $10,000,000 shall be available for the national homeless data
analysis project: Provided, That notwithstanding the provisions of the
Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301-
6308), the amounts made available under this paragraph and any remaining
unobligated balances under this heading for such purposes in prior Acts
may be used by the Secretary to enter into cooperative agreements with
such entities as may be determined by the Secretary, including public
and private organizations, agencies, and institutions;
(4) $107,000,000 shall be available to implement projects to
demonstrate how a comprehensive approach to serving homeless youth, age
24 and under, in up to 25 communities with a priority for communities
with substantial rural populations in up to eight locations, can
dramatically reduce youth homelessness: Provided, That of the amount
made available under this paragraph, not less than $25,000,000 shall be
for youth homelessness system improvement grants to support communities,
including but not limited to the communities assisted under the matter
preceding this proviso, in establishing and implementing a response
system for youth homelessness, or for improving their existing system:
Provided further, That of the amount made available under this
paragraph, up to $10,000,000 shall be to provide technical assistance to
communities, including but not limited to the communities assisted in
the preceding proviso and the matter preceding such proviso, on
improving system responses to youth homelessness, and collection,
analysis, use, and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided under this
title: Provided further, That the Secretary may use up to 10 percent of
the amount made available under the preceding proviso to build the
capacity of current technical assistance providers or to train new
technical assistance providers with verifiable prior experience with
systems and programs for youth experiencing homelessness; and
(5) $100,000,000 shall be available for one-time awards under the
continuum of care program for new construction, acquisition, or
rehabilitation of new permanent supportive housing, of which not more
than 20 percent of such awards may be used for other continuum of care
eligible activities associated with such projects and not more than 10
percent of such awards may be used for project administration:
Provided, That these amounts shall be awarded on a competitive basis,
based on need and other factors to be determined by the Secretary,
including incentives to establish projects that coordinate with housing
providers, healthcare organizations and social service providers:
Provided further, That not less than $35,000,000 shall be awarded to
applicants for projects within States with populations less than
2,500,000, except that if such amount is undersubscribed any remaining
amounts may be awarded to qualified applicants for projects in any
State: Provided further, That the grants for ongoing costs associated
with such projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as other renewal
applicants:
Provided further, That youth aged 24 and under seeking assistance under this
heading shall not be required to provide third party documentation to establish
their eligibility under subsection (a) or (b) of section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302) to receive services: Provided
further, That unaccompanied youth aged 24 and under or families headed by youth
aged 24 and under who are living in unsafe situations may be served by youth-
serving providers funded under this heading: Provided further, That persons
eligible under section 103(a)(5) of the McKinney-Vento Homeless Assistance Act
may be served by any project funded under this heading to provide both
transitional housing and rapid re-housing: Provided further, That for all
matching funds requirements applicable to funds made available under this
heading for this fiscal year and prior fiscal years, a grantee may use (or could
have used) as a source of match funds other funds administered by the Secretary
and other Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That none of
the funds made available under this heading shall be available to provide
funding for new projects, except for projects created through reallocation,
unless the Secretary determines that the continuum of care has demonstrated that
projects are evaluated and ranked based on the degree to which they improve the
continuum of care's system performance: Provided further, That any unobligated
amounts remaining from funds made available under this heading in fiscal year
2012 and prior years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were appropriated: Provided
further, That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this heading in fiscal
year 2019 or prior years, except for rental assistance amounts that were
recaptured and made available until expended, shall be available for the current
purposes authorized under this heading in addition to the purposes for which
such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based subsidy
contracts under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.)
(``the Act''), not otherwise provided for, $15,610,000,000, to remain available
until expended, shall be available on October 1, 2023 (in addition to the
$400,000,000 previously appropriated under this heading that became available
October 1, 2023), of which $2,000,000,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and $400,000,000, to remain
available until expended, shall be available on October 1, 2024: Provided, That
the amounts made available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including section 8
moderate rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and assistance funded under
this heading: Provided further, That of the total amounts provided under this
heading, not to exceed $468,000,000 shall be available for performance-based
contract administrators for section 8 project-based assistance, for carrying out
42 U.S.C. 1437(f): Provided further, That the Secretary may also use such
amounts in the preceding proviso for performance-based contract administrators
for the administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
payments pursuant to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance payments (12 U.S.C.
1715z-1(f)(2)); project rental assistance contracts for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667):
Provided further, That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'', may be used for renewals of or amendments to section 8
project-based contracts or for performance-based contract administrators,
notwithstanding the purposes for which such amounts were appropriated: Provided
further, That, notwithstanding any other provision of law, upon the request of
the Secretary, project funds that are held in residual receipts accounts for any
project subject to a section 8 project-based housing assistance payments
contract that authorizes the Department or a housing finance agency to require
that surplus project funds be deposited in an interest-bearing residual receipts
account and that are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account, to be
available until expended: Provided further, That amounts deposited pursuant to
the preceding proviso shall be available in addition to the amount otherwise
provided by this heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance contracts, for
housing for the elderly, as authorized by section 202 of the Housing Act of 1959
(12 U.S.C. 1701q), for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive services
associated with the housing, $913,000,000 to remain available until September
30, 2027: Provided, That of the amount made available under this heading, up to
$112,000,000 shall be for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing projects: Provided
further, That any funding for existing service coordinators under the preceding
proviso shall be provided within 120 days of enactment of this Act: Provided
further, That the Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project funds that are
held in residual receipts accounts for any project subject to a section 202
project rental assistance contract, and that upon termination of such contract
are in excess of an amount to be determined by the Secretary, shall be remitted
to the Department and deposited in this account, to remain available until
September 30, 2027: Provided further, That amounts deposited in this account
pursuant to the preceding proviso shall be available, in addition to the amounts
otherwise provided by this heading, for the purposes authorized under this
heading: Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated under this
heading shall be available for the current purposes authorized under this
heading in addition to the purposes for which such funds originally were
appropriated.
housing for persons with disabilities
For capital advances, including amendments to capital advance contracts, for
supportive housing for persons with disabilities, as authorized by section 811
of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for
project rental assistance for supportive housing for persons with disabilities
under section 811(d)(2) of such Act, for project assistance contracts pursuant
to subsection (h) of section 202 of the Housing Act of 1959, as added by section
205(a) of the Housing and Community Development Amendments of 1978 (Public Law
95-557: 92 Stat. 2090), including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up to a 5-year term,
for project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the Cranston-
Gonzalez National Affordable Housing Act, and for supportive services associated
with the housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $208,000,000, to remain available until September 30,
2027: Provided, That, upon the request of the Secretary, project funds that are
held in residual receipts accounts for any project subject to a section 811
project rental assistance contract, and that upon termination of such contract
are in excess of an amount to be determined by the Secretary, shall be remitted
to the Department and deposited in this account, to remain available until
September 30, 2027: Provided further, That amounts deposited in this account
pursuant to the preceding proviso shall be available in addition to the amounts
otherwise provided by this heading for the purposes authorized under this
heading: Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated under this
heading shall be used for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as authorized
under section 106 of the Housing and Urban Development Act of 1968, as amended,
$57,500,000, to remain available until September 30, 2025, including up to
$4,500,000 for administrative contract services: Provided, That funds shall be
used for providing counseling and advice to tenants and homeowners, both current
and prospective, with respect to property maintenance, financial management or
literacy, and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further, That for
purposes of awarding grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements, as appropriate, subject to the
availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), up to
$14,000,000, to remain available until expended, of which $14,000,000 shall be
derived from the Manufactured Housing Fees Trust Fund (established under section
620(e) of such Act (42 U.S.C. 5419(e)): Provided, That not to exceed the total
amount appropriated under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to section
620 of such Act: Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections are received
during fiscal year 2024 so as to result in a final fiscal year 2024
appropriation from the general fund estimated at zero, and fees pursuant to such
section 620 shall be modified as necessary to ensure such a final fiscal year
2024 appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from any
program participant: Provided further, That such collections shall be deposited
into the Trust Fund, and the Secretary, as provided herein, may use such
collections, as well as fees collected under section 620 of such Act, for
necessary expenses of such Act: Provided further, That, notwithstanding the
requirements of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the use of approved
service providers that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the Mutual
Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available
until September 30, 2025: Provided, That during fiscal year 2024, obligations
to make direct loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $1,000,000: Provided further, That
the foregoing amount in the preceding proviso shall be for loans to nonprofit
and governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual Mortgage
Insurance Fund: Provided further, That for administrative contract expenses of
the Federal Housing Administration, $150,000,000, to remain available until
September 30, 2025: Provided further, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before April 1, 2024, an additional
$1,400 for administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of section 255(g) of the
National Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2024 the
Secretary may insure and enter into new commitments to insure mortgages under
section 255 of the National Housing Act only to the extent that the net credit
subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and Special
Risk Insurance Funds, as authorized by sections 238 and 519 of the National
Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed $35,000,000,000 in
total loan principal, any part of which is to be guaranteed, to remain available
until September 30, 2025: Provided, That during fiscal year 2024, gross
obligations for the principal amount of direct loans, as authorized by sections
204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed
$1,000,000, which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the Secretary
and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of section 306
of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed
$550,000,000,000, to remain available until September 30, 2025: Provided, That
$54,000,000, to remain available until September 30, 2025, shall be for
necessary salaries and expenses of the Government National Mortgage Association:
Provided further, That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2024, an additional $100 for necessary
salaries and expenses shall be available until expended for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata amount for any
amount below $1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the National Housing Act (12
U.S.C. 1716 et seq.) shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of research and
studies relating to housing and urban problems, not otherwise provided for, as
authorized by title V of the Housing and Urban Development Act of 1970 (12
U.S.C. 1701z-1 et seq.), including carrying out the functions of the Secretary
of Housing and Urban Development under section 1(a)(1)(i) of Reorganization Plan
No. 2 of 1968, and for technical assistance, $119,000,000, to remain available
until September 30, 2025: Provided, That with respect to amounts made available
under this heading, notwithstanding section 203 of this title, the Secretary may
enter into cooperative agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies, Indian Tribes, tribally
designated housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such partners to
the cooperative agreements shall contribute at least a 50 percent match toward
the cost of the project: Provided further, That for non-competitive agreements
entered into in accordance with the preceding two provisos, the Secretary shall
comply with section 2(b) of the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282; 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of award
decisions: Provided further, That prior to obligation of technical assistance
funding, the Secretary shall submit a plan to the House and Senate Committees on
Appropriations on how the Secretary will allocate funding for this activity at
least 30 days prior to obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral dissertation
research grant program: Provided further, That an additional $20,000,000, to
remain available until September 30, 2026, shall be for competitive grants to
nonprofit or governmental entities to provide legal assistance (including
assistance related to pretrial activities, trial activities, post-trial
activities and alternative dispute resolution) at no cost to eligible low-income
tenants at risk of or subject to eviction: Provided further, That in awarding
grants under the preceding proviso, the Secretary shall give preference to
applicants that include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal assistance to low-
income individuals, including those with limited English proficiency or
disabilities, and have sufficient capacity to administer such assistance:
Provided further, That the Secretary shall ensure, to the extent practicable,
that the proportion of eligible tenants living in rural areas who will receive
legal assistance with grant funds made available under this heading is not less
than the overall proportion of eligible tenants who live in rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided for, as
authorized by title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.), and section 561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a), $86,355,000, to remain available until September 30, 2025:
Provided, That notwithstanding section 3302 of title 31, United States Code, the
Secretary may assess and collect fees to cover the costs of the Fair Housing
Training Academy, and may use such funds to develop online courses and provide
such training: Provided further, That none of the funds made available under
this heading may be used to lobby the executive or legislative branches of the
Federal Government in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this heading,
$1,355,000 may be available to the Secretary for the creation and promotion of
translated materials and other programs that support the assistance of persons
with limited English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the lead hazard reduction program, as authorized by section 1011 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852), the
healthy homes initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 and 1701z-2), and for related
activities and assistance, $345,000,000, to remain available until September 30,
2026: Provided, That the amounts made available under this heading are provided
as follows:
(1) $200,000,000 shall be for the award of grants pursuant to such
section 1011, of which not less than $105,000,000 shall be provided to
areas with the highest lead-based paint abatement need;
(2) $140,000,000 shall be for the healthy homes initiative, pursuant
to sections 501 and 502 of the Housing and Urban Development Act of
1970, which shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards, and mitigating
housing-related health and safety hazards in housing of low-income
families, of which--
(A) $5,000,000 shall be for the implementation of projects
in communities that are served by both the healthy homes
initiative and the Department of Energy weatherization programs
to demonstrate whether the coordination of healthy homes
remediation activities with weatherization activities achieves
cost savings and better outcomes in improving the safety and
quality of homes; and
(B) $30,000,000 shall be for grants to experienced non-
profit organizations, States, local governments, or public
housing agencies for safety and functional home modification
repairs and renovations to meet the needs of low-income seniors
to enable them to remain in their primary residence, of which no
less than $10,000,000 shall be available to meet such needs in
communities with substantial rural populations;
(3) $3,000,000 shall be for the award of grants and contracts for
research pursuant to sections 1051 and 1052 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4854, 4854a);
(4) up to $2,000,000 in total of the amounts made available under
paragraphs (2) and (3) may be transferred to the heading ``Research and
Technology'' for the purposes of conducting research and studies and for
use in accordance with the provisos under that heading for non-
competitive agreements; and
(5) $2,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon demonstration) in
public housing: Provided, That the testing method, mitigation method,
or action level used under the radon demonstration shall be as specified
by applicable State or local law, if such law is more protective of
human health or the environment than the method or level specified by
the Secretary:
Provided further, That for purposes of environmental review, pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under the
healthy homes initiative, or the lead technical studies program, or other
demonstrations or programs under this heading or under prior appropriations Acts
for such purposes under this heading, or under the heading ``Housing for the
Elderly'' under prior Appropriations Acts, shall be considered to be funds for a
special project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each applicant
for a grant or cooperative agreement under this heading shall certify adequate
capacity that is acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding opportunity: Provided further, That
amounts made available under this heading, in this or prior appropriations Acts,
still remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if a
program competition is undersubscribed and there are other program competitions
under this heading that are oversubscribed: Provided further, That $49,400,000
of the amounts made available under this heading in this Act from amounts
specified in paragraph (2) shall be derived from unobligated balances from prior
year appropriations available under this heading, which shall continue to be
available for the same time period as originally appropriated.
Information Technology Fund
For Department-wide and program-specific information technology systems and
infrastructure, $383,050,000, to remain available until September 30, 2026, of
which up to $23,950,000 shall be for development, modernization, and enhancement
projects, including planning for such projects: Provided, That not later than
30 days after the end of each quarter, the Secretary shall brief the House and
Senate Committees on Appropriations on all information technology modernization
efforts as required in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $152,924,000:
Provided, That the Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including rescissions)
(including transfer of funds)
Sec. 201. Fifty percent of the amounts of budget authority, or in lieu
thereof 50 percent of the cash amounts associated with such budget authority,
that are recaptured from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437f note) shall
be rescinded or in the case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the Secretary of
Housing and Urban Development for which settlement occurred after January 1,
1992, in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide project
owners with incentives to refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used to
investigate or prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the filing or maintaining
of a nonfrivolous legal action, that is engaged in solely for the purpose of
achieving or preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant, cooperative
agreement or other assistance made pursuant to title II of this Act shall be
made on a competitive basis and in accordance with section 102 of the Department
of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development subject
to the Government Corporation Control Act or section 402 of the Housing Act of
1950 shall be available, without regard to the limitations on administrative
expenses, for legal services on a contract or fee basis, and for utilizing and
making payment for services and facilities of the Federal National Mortgage
Association, Government National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within the meaning
of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department of
Housing and Urban Development shall be available for any program, project or
activity in excess of amounts set forth in the budget estimates submitted to
Congress.
Sec. 206. Corporations and agencies of the Department of Housing and Urban
Development which are subject to the Government Corporation Control Act are
hereby authorized to make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or agency and in
accordance with law, and to make such contracts and commitments without regard
to fiscal year limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the budget for 2024 for such
corporation or agency except as hereinafter provided: Provided, That
collections of these corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance provided for
in this or prior appropriations Acts), except that this proviso shall not apply
to the mortgage insurance or guaranty operations of these corporations, or where
loans or mortgage purchases are necessary to protect the financial interest of
the United States Government.
Sec. 207. The Secretary shall provide quarterly reports to the House and
Senate Committees on Appropriations regarding all uncommitted, unobligated,
recaptured and excess funds in each program and activity within the jurisdiction
of the Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 208. None of the funds made available by this title may be used for an
audit of the Government National Mortgage Association that makes applicable
requirements under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject to the
conditions listed under this section, for fiscal years 2024 and 2025, the
Secretary of Housing and Urban Development may authorize the transfer of some or
all project-based assistance, debt held or insured by the Secretary and
statutorily required low-income and very low-income use restrictions if any,
associated with one or more multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under this
section may be done in phases to accommodate the financing and other
requirements related to rehabilitating or constructing the project or projects
to which the assistance is transferred, to ensure that such project or projects
meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the following
conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring
project shall be no less than when transferred to the receiving
project or projects and the net dollar amount of Federal
assistance provided to the transferring project shall remain the
same in the receiving project or projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market demands,
as determined by the Secretary and provided there is no increase
in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the Secretary,
be either physically obsolete or economically nonviable, or be
reasonably expected to become economically nonviable when complying with
State or Federal requirements for community integration and reduced
concentration of individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall notify
and consult with the tenants residing in the transferring project and
provide a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who remain eligible for
assistance to be provided by the receiving project or projects shall not
be required to vacate their units in the transferring project or
projects until new units in the receiving project are available for
occupancy.
(6) The Secretary determines that this transfer is in the best
interest of the tenants.
(7) If either the transferring project or the receiving project or
projects meets the condition specified in subsection (d)(2)(A), any lien
on the receiving project resulting from additional financing obtained by
the owner shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary, except that
the Secretary may waive this requirement upon determination that such a
waiver is necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of subsection
(d)(2), the owner or mortgagor of the receiving project or projects
shall execute and record either a continuation of the existing use
agreement or a new use agreement for the project where, in either case,
any use restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of any FHA-
insured mortgage, except to the extent that appropriations are provided
in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have the
meanings provided by the statute and/or regulations governing the
program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section existed
before the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the multifamily
housing project or projects to which some or all of the project-based
assistance, debt, and statutorily required low-income and very low-
income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily housing
project which is transferring some or all of the project-based
assistance, debt, and the statutorily required low-income and very low-
income use restrictions to the receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing and Urban
Development.
(e) Research Report.--The Secretary shall conduct an evaluation of the
transfer authority under this section, including the effect of such transfers on
the operational efficiency, contract rents, physical and financial conditions,
and long-term preservation of the affected properties.
Sec. 210. (a) No assistance shall be provided under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) to any individual who--
(1) is enrolled as a student at an institution of higher education
(as defined under section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined in
section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(3)(E)) and was not receiving assistance under such section 8 as
of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older and is at
risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to receive
assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), any financial assistance (in excess of amounts received for tuition and
any other required fees and charges) that an individual receives under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
from an institution of higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans under paragraph (1)
under the heading ``Native American Programs'' in title II of this Act shall be
allocated to the same Native Alaskan housing block grant recipients that
received funds in fiscal year 2005, and only such recipients shall be eligible
to apply for funds made available under paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal year 2024,
in managing and disposing of any multifamily property that is owned or has a
mortgage held by the Secretary of Housing and Urban Development, and during the
process of foreclosure on any property with a contract for rental assistance
payments under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or any other Federal programs, the Secretary shall maintain any rental
assistance payments under section 8 of the United States Housing Act of 1937 and
other programs that are attached to any dwelling units in the property. To the
extent the Secretary determines, in consultation with the tenants and the local
government that such a multifamily property owned or having a mortgage held by
the Secretary is not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions that cannot
be remedied in a cost-effective fashion, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior to foreclosure,
subject to the exercise of contractual abatement remedies to assist relocation
of tenants for imminent major threats to health and safety after written notice
to and informed consent of the affected tenants and use of other available
remedies, such as partial abatements or receivership. After disposition of any
multifamily property described in this section, the contract and allowable rent
levels on such properties shall be subject to the requirements under section 524
of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or fewer public
housing units may elect to be exempt from any asset management requirement
imposed by the Secretary in connection with the operating fund rule: Provided,
That an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management requirements.
Sec. 214. With respect to the use of amounts provided in this Act and in
future Acts for the operation, capital improvement, and management of public
housing as authorized by sections 9(d) and 9(e) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(d), (e)), the Secretary shall not impose any
requirement or guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant to
paragraph (1) or (2) of section 9(g) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may not
use capital funds authorized under section 9(d) for activities that are eligible
under section 9(e) for assistance with amounts from the operating fund in excess
of the amounts permitted under paragraph (1) or (2) of section 9(g).
Sec. 215. No official or employee of the Department of Housing and Urban
Development shall be designated as an allotment holder unless the Office of the
Chief Financial Officer has determined that such allotment holder has
implemented an adequate system of funds control and has received training in
funds control procedures and directives. The Chief Financial Officer shall
ensure that there is a trained allotment holder for each HUD appropriation under
the accounts ``Executive Offices'', ``Administrative Support Offices'',
``Program Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2024, notify the public
through the Federal Register and other means, as determined appropriate, of the
issuance of a notice of the availability of assistance or notice of funding
opportunity (NOFO) for any program or discretionary fund administered by the
Secretary that is to be competitively awarded. Notwithstanding any other
provision of law, for fiscal year 2024, the Secretary may make the NOFO
available only on the Internet at the appropriate Government website or through
other electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation shall be
paid from the individual program office and Office of General Counsel salaries
and expenses appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10 percent or
$5,000,000, whichever is less, of funds appropriated for any office under the
headings ``Administrative Support Offices'' or ``Program Offices'' to any other
such office under such headings: Provided, That no appropriation for any such
office under such headings shall be increased or decreased by more than 10
percent or $5,000,000, whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided further, That the
Secretary shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or $5,000,000,
whichever is less.
Sec. 219. (a) Any entity receiving housing assistance payments shall
maintain decent, safe, and sanitary conditions, as determined by the Secretary,
and comply with any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition of any property
covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a multifamily
housing project with a contract under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) or a contract for similar project-based assistance--
(1) receives a failing score under the Uniform Physical Condition
Standards (UPCS) or successor standard; or
(2) fails to certify in writing to the Secretary within 3 days that
all Exigent Health and Safety deficiencies, or those deficiencies
requiring correction within 24 hours, identified by the inspector at the
project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), but shall not apply to such units assisted under
section 8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment Center
(``REAC'') inspection, the Secretary shall provide the owner with a Notice of
Default with a specified timetable, determined by the Secretary, for correcting
all deficiencies. The Secretary shall provide a copy of the Notice of Default to
the tenants, the local government, any mortgagees, and any contract
administrator. If the owner's appeal results in a passing score, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies specified
in the Notice of Default, if the owner fails to fully correct such deficiencies,
the Secretary may--
(A) require immediate replacement of project management with a
management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely for the
purpose of supporting safe and sanitary conditions at applicable
properties, as designated by the Secretary, with priority given to the
tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial abatement, as
determined by the Secretary, until all deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by the
Secretary under established procedures, who will be obligated to
promptly make all required repairs and to accept renewal of the
assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another project or
projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the property
and cure all project deficiencies or seek a judicial order of specific
performance requiring the owner to cure all project deficiencies;
(H) work with the owner, lender, or other related party to stabilize
the property in an attempt to preserve the property through compliance,
transfer of ownership, or an infusion of capital provided by a third-
party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies available as
deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that project-based
contracts remain in effect, subject to the exercise of contractual abatement
remedies to assist relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent the Secretary
determines, in consultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property and all
available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance.
(e) The Secretary shall report semi-annually on all properties covered by
this section that are assessed through the Real Estate Assessment Center and
have failing physical inspection scores or have received an unsatisfactory
management and occupancy review within the past 36 months. The report shall
include--
(1) identification of the enforcement actions being taken to address
such conditions, including imposition of civil money penalties and
termination of subsidies, and identification of properties that have
such conditions multiple times;
(2) identification of actions that the Department of Housing and
Urban Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to further
improve the living conditions at properties covered under a housing
assistance payment contract.
The first report shall be submitted to the Senate and House Committees on
Appropriations not later than 30 days after the enactment of this Act, and the
second report shall be submitted within 180 days of the transmittal of the first
report.
Sec. 220. None of the funds made available by this Act, or any other Act,
for purposes authorized under section 8 (only with respect to the tenant-based
rental assistance program) and section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.), may be used by any public housing agency for any
amount of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual rate of
basic pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2024.
Sec. 221. None of the funds made available by this Act and provided to the
Department of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State, locality, housing
authority, Tribe, nonprofit organization, or other entity selected to receive a
grant award is announced by the Department or its offices: Provided, That such
notification shall list each grant award by State and congressional district.
Sec. 222. None of the funds made available in this Act shall be used by the
Federal Housing Administration, the Government National Mortgage Association, or
the Department of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been subject to eminent
domain condemnation or seizure, by a State, municipality, or any other political
subdivision of a State.
Sec. 223. None of the funds made available by this Act may be used to
terminate the status of a unit of general local government as a metropolitan
city (as defined in section 102 of the Housing and Community Development Act of
1974 (42 U.S.C. 5302)) with respect to grants under section 106 of such Act (42
U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are appropriated,
allocated, advanced on a reimbursable basis, or transferred to the Office of
Policy Development and Research of the Department of Housing and Urban
Development and functions thereof, for research, evaluation, or statistical
purposes, and that are unexpended at the time of completion of a contract,
grant, or cooperative agreement, may be deobligated and shall immediately become
available and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which the amounts
are made available to that Office subject to reprogramming requirements in
section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any other Act may be
used for awards, including performance, special act, or spot, for any employee
of the Department of Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal year, but this
prohibition shall not be effective prior to the effective date of any such
administrative discipline or after any final decision over-turning such
discipline.
Sec. 226. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2024 for the
continuum of care (CoC) program as authorized under subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act, costs paid by program income of
grant recipients may count toward meeting the recipient's matching requirements,
provided the costs are eligible CoC costs that supplement the recipient's CoC
program.
Sec. 227. (a) From amounts made available under this title under the heading
``Homeless Assistance Grants'', the Secretary may award 1-year transition grants
to recipients of funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to transition from one
continuum of care program component to another.
(b) In order to be eligible to receive a transition grant, the funding
recipient must have the consent of the continuum of care and meet standards
determined by the Secretary.
Sec. 228. The promise zone designations and promise zone designation
agreements entered into pursuant to such designations, made by the Secretary in
prior fiscal years, shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 229. Any public housing agency designated as a Moving to Work agency
pursuant to section 239 of division L of Public Law 114-113 (42 U.S.C. 1437f
note; 129 Stat. 2897) may, upon such designation, use funds (except for special
purpose funding, including special purpose vouchers) previously allocated to any
such public housing agency under section 8 or 9 of the United States Housing Act
of 1937, including any reserve funds held by the public housing agency or funds
held by the Department of Housing and Urban Development, pursuant to the
authority for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Act, 1996 (Public Law
104-134; 110 Stat. 1321-28), notwithstanding the purposes for which such funds
were appropriated.
Sec. 230. None of the amounts made available by this Act may be used to
prohibit any public housing agency under receivership or the direction of a
Federal monitor from applying for, receiving, or using funds made available
under the heading ``Public Housing Fund'' for competitive grants to evaluate and
reduce lead-based paint hazards in this Act or that remain available and not
awarded from prior Acts, or be used to prohibit a public housing agency from
using such funds to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar document for a
violation of the lead safe housing or lead disclosure rules.
Sec. 231. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (title II of division C of Public Law 112-55), as most
recently amended by Public Law 117-103, is further amended--
(1) in the initial undesignated matter, by striking ``and `Public
Housing Operating Fund''' and inserting ``, `Public Housing Operating
Fund', and `Public Housing Fund''';
(2) in the second proviso, by striking ``2024'' and inserting
``2029'';
(3) after the fourth proviso, by inserting the following new
provisos: ``Provided further, That at properties with assistance under
section 9 of the Act requesting to partially convert such assistance,
and where an event under section 18 of the Act occurs that results in
the eligibility for tenant protection vouchers under section 8(o) of the
Act, the Secretary may convert the tenant protection voucher assistance
to assistance under a project-based subsidy contract under section 8 of
the Act, which shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997, or
assistance under section 8(o)(13) of the Act, so long as the property
meets any additional requirements established by the Secretary to
facilitate conversion: Provided further, That to facilitate the
conversion of assistance under the previous proviso, the Secretary may
transfer an amount equal to the total amount that would have been
allocated for tenant protection voucher assistance for properties that
have requested such conversions from amounts made available for tenant
protection voucher assistance under the heading `Tenant-Based Rental
Assistance' to the heading `Project-Based Rental Assistance': Provided
further, That at properties with assistance previously converted
hereunder to assistance under the heading `Project-Based Rental
Assistance,' which are also separately assisted under section 8(o)(13)
of the Act, the Secretary may, with the consent of the public housing
agency and owner, terminate such project-based subsidy contracts and
immediately enter into one new project-based subsidy contract under
section 8 of the Act, which shall be eligible for renewal under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997, subject to the requirement that any residents assisted under
section 8(o)(13) of the Act at the time of such termination of such
project-based subsidy contract shall retain all rights accrued under
section 8(o)(13)(E) of the Act under the new project-based subsidy
contract and section 8(o)(13)(F)(iv) of the Act shall not apply:
Provided further, That to carry out the previous proviso, the Secretary
may transfer from the heading `Tenant-Based Rental Assistance' to the
heading `Project-Based Rental Assistance' an amount equal to the amounts
associated with such terminating contract under section 8(o)(13) of the
Act:'';
(4) in the fourteenth proviso, as reordered above, by--
(A) inserting ```Public Housing Fund', `Self-Sufficiency
Programs', `Family Self-Sufficiency''' following ```Public
Housing Operating Fund',''; and
(B) inserting ``or the ongoing availability of services for
residents'' after ``effective conversion of assistance under the
demonstration'';
(5) after the twenty-fourth proviso, as reordered above, by
inserting the following proviso: ``Provided further, That owners of
properties with a senior preservation rental assistance contract under
section 811 of the American Homeownership and Economic Opportunity Act
of 2000 (12 U.S.C. 1701q note), shall be eligible, subject to
requirements established by the Secretary as necessary to facilitate the
conversion of assistance while maintaining the affordability period and
the designation of the property as serving elderly families, and tenant
consultation procedures, for conversion of assistance available for such
assistance contracts to assistance under a long-term project-based
subsidy contract under section 8 of the Act:'';
(6) in the twenty-ninth proviso, as reordered above, by inserting
``, section 811 of the American Homeownership and Economic Opportunity
Act of 2000,'' after ``Housing Act of 1959''; and
(7) in the thirty-fourth proviso, as reordered above, by striking
``any section 202 project rental assistance contract or section 811
project rental assistance contract conversions'' and inserting ``the
conversion of assistance from section 202(c)(2) of the Housing Act of
1959, section 811 of the American Homeownership and Economic Opportunity
Act of 2000, or section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act''.
Sec. 232. For fiscal year 2024, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the Secretary
through the Offices of Public and Indian Housing, Community Planning and
Development, or Housing, that a recipient received an allocation greater than
the amount such recipient should have received for a formula allocation cycle
pursuant to applicable statutes and regulations, the Secretary may adjust for
any such funding error in the next applicable formula allocation cycle by (a)
offsetting each such recipient's formula allocation (if eligible for a formula
allocation in the next applicable formula allocation cycle) by the amount of any
such funding error, and (b) reallocating any available balances that are
attributable to the offset to the recipient or recipients that would have been
allocated additional funds in the formula allocation cycle in which any such
error occurred (if such recipient or recipients are eligible for a formula
allocation in the next applicable formula allocation cycle) in an amount
proportionate to such recipient's eligibility under the next applicable formula
allocation cycle: Provided, That all offsets and reallocations from such
available balances shall be recorded against funds available for the next
applicable formula allocation cycle: Provided further, That the term ``next
applicable formula allocation cycle'' means the first formula allocation cycle
for a program that is reasonably available for correction following such a
Secretarial determination: Provided further, That if, upon request by a
recipient and giving consideration to all Federal resources available to the
recipient for the same grant purposes, the Secretary determines that the offset
in the next applicable formula allocation cycle would critically impair the
recipient's ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more formula allocation
cycles.
Sec. 233. The Secretary may transfer from amounts made available for
salaries and expenses under this title (excluding amounts made available under
the heading ``Office of Inspector General'') to the heading ``Information
Technology Fund'' for information technology needs, including for additional
development, modernization, and enhancement, to remain available until September
30, 2026: Provided, That the total amount of such transfers shall not exceed
$5,000,000: Provided further, That this transfer authority shall not be used to
fund information technology projects or activities that have known out-year
development, modernization, or enhancement costs in excess of $500,000:
Provided further, That the Secretary shall provide notification to the House and
Senate Committees on Appropriations no fewer than 3 business days in advance of
any such transfer.
Sec. 234. The Secretary shall comply with all process requirements,
including public notice and comment, when seeking to revise any annual
contributions contract.
Sec. 235. There is hereby established in the Treasury of the United States
a fund to be known as the ``Department of Housing and Urban Development
Nonrecurring Expenses Fund'' (the Fund): Provided, That unobligated balances of
expired discretionary funds appropriated for this or any succeeding fiscal year
from the General Fund of the Treasury to the Department of Housing and Urban
Development by this or any other Act may be transferred (not later than the end
of the fifth fiscal year after the last fiscal year for which such funds are
available for the purposes for which they were appropriated) into the Fund:
Provided further, That amounts deposited in the Fund shall be available until
expended, in addition to such other funds as may be available for such purposes,
for capital needs of the Department, including facilities infrastructure and
information technology infrastructure, subject to approval by the Office of
Management and Budget: Provided further, That amounts in the Fund may be
obligated only after the House and Senate Committees on Appropriations are
notified at least 15 days in advance of the planned use of funds.
Sec. 236. (a) Of the unobligated balances from amounts made available under
the heading ``Lead Hazard Reduction'' in title II of division L of the
Consolidated Appropriations Act, 2022 (Public Law 117-103), $65,000,000 is
hereby permanently rescinded from the amounts specified in paragraph (1) under
such heading (excluding amounts for areas with the highest lead-based paint
abatement needs).
(b) Of the unobligated balances from amounts made available under the
heading ``Public Housing Fund'' in title II of division L of the Consolidated
Appropriations Act, 2023 (Public Law 117-328), $20,000,000 is hereby permanently
rescinded from the amounts specified in paragraph (7) under such heading.
(c) Any unobligated balances (including any unobligated balances of contract
authority) included under Treasury Appropriation Fund Symbols 86 X 0129, 86 X
0148, 86 X 0197, 86 X 0314, 86 X 0315, 86 X 0324, 86 X 0402, 86 X 4058 and 86 X
8093 are hereby permanently rescinded.
(d) Any unobligated balances from amounts made available under the heading
``Self-Help and Assisted Homeownership Opportunity Program'' for the program
authorized under section 1079 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291) are
hereby permanently rescinded.
Sec. 237. None of the funds made available to the Department of Housing and
Urban Development in this or prior Acts may be used to issue a solicitation or
accept bids on any solicitation that is substantially equivalent to the draft
solicitation entitled ``Housing Assistance Payments (HAP) Contract Support
Services (HAPSS)'' posted to www.Sam.gov on July 27, 2022.
Sec. 238. None of the amounts made available in this Act may be used to
consider family self-sufficiency performance measures or performance scores in
determining funding awards for programs receiving family self-sufficiency
program coordinator funding provided in this Act.
Sec. 239. (a) Funds previously made available in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the ``Choice Neighborhoods
Initiative'' that were available for obligation through fiscal year 2019 are to
remain available through fiscal year 2025 for the liquidation of valid
obligations incurred in fiscal years 2017 through 2019.
(b) Funds previously made available in the Consolidated Appropriations Act,
2018 (Public Law 115-141) for the ``Choice Neighborhoods Initiative'' that were
available for obligation through fiscal year 2020 are to remain available
through fiscal year 2026 for the liquidation of valid obligations incurred in
fiscal years 2018 through 2020.
(c) Funds previously made available in the Consolidated Appropriations Act,
2019 (Public Law 116-6) for the ``Choice Neighborhoods Initiative'' that were
available for obligation through fiscal year 2021 are to remain available
through fiscal year 2027 for the liquidation of valid obligations incurred in
fiscal years 2019 through 2021.
(d) Funds previously made available in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) for the ``Choice Neighborhoods
Initiative'' that were available for obligation through fiscal year 2022 are to
remain available through fiscal year 2028 for the liquidation of valid
obligations incurred in fiscal years 2020 through 2022.
(e) Funds previously made available in the Consolidated Appropriations Act,
2021 (Public Law 116-260) for the ``Choice Neighborhoods Initiative'' that were
available for obligation through fiscal year 2023 are to remain available
through fiscal year 2029 for the liquidation of valid obligations incurred in
fiscal years 2021 through 2023.
(f) Funds previously made available in the Consolidated Appropriations Act,
2018 (Public Law 115-141) for ``Lead Hazard Reduction'' that were available for
obligation through fiscal year 2019 are to remain available through fiscal year
2026 for the liquidation of valid obligations incurred in fiscal years 2018
through 2019.
Sec. 240. Of the amounts made available for the Office of Policy
Development and Research under the heading ``Program Offices'', up to
$3,500,000, to remain available until September 30, 2026, may be transferred to
the heading ``Information Technology Fund'' to be available for the needs of the
Chief Data Officer, in addition to amounts otherwise available, including for
additional development, modernization, and enhancement: Provided, That the
Secretary shall notify the House and Senate Committees on Appropriations no
fewer than 3 business days in advance of any such transfer.
Sec. 241. Section 239 of division L of the Consolidated Appropriations Act,
2016 (Public Law 114-113) is amended by striking ``2028'' and inserting
``2038''.
Sec. 242. For fiscal years 2024 and 2025, the Secretary may issue a 2-year
notification of funding opportunity, including any alternative procedures or
requirements as may be necessary to allocate future appropriations in the second
year, for the award of amounts made available for the continuum of care program
under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11381 et seq.), notwithstanding any conflict with the requirements of the
continuum of care program.
Sec. 243. The Secretary may, upon a finding that a waiver or alternative
requirement is necessary for the effective delivery and administration of funds
made available for new incremental voucher assistance or renewals for the
mainstream program and the family unification program (including the foster
youth to independence program) in this and prior Acts, waive or specify
alternative requirements, other than requirements related to tenant rights and
protections, rent setting, fair housing, nondiscrimination, labor standards, and
the environment, for--
(1) section 8(o)(6)(A) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(6)(A)) and regulatory provisions related to the
administration of waiting lists, local preferences, and the initial term
and extensions of tenant-based vouchers; and
(2) section 8(x)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437f(x)(2)) regarding the timing of referral of youth leaving
foster care.
This title may be cited as the ``Department of Housing and Urban Development
Appropriations Act, 2024''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by section 502 of
the Rehabilitation Act of 1973 (29 U.S.C. 792), $9,955,000: Provided, That,
notwithstanding any other provision of law, there may be credited to this
appropriation funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as authorized by
section 46107 of title 46, United States Code, including services as authorized
by section 3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code; and uniforms
or allowances therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code, $40,000,000, of which $2,000,000 shall remain available
until September 30, 2025: Provided, That not to exceed $3,500 shall be for
official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the National
Railroad Passenger Corporation to carry out the provisions of the Inspector
General Act of 1978 (5 U.S.C. App. 3), $29,240,000: Provided, That the
Inspector General shall have all necessary authority, in carrying out the duties
specified in such Act, to investigate allegations of fraud, including false
statements to the Government under section 1001 of title 18, United States Code,
by any person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General may enter
into contracts and other arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, subject to the
applicable laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided further, That the
Inspector General may select, appoint, and employ such officers and employees as
may be necessary for carrying out the functions, powers, and duties of the
Office of Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the National
Railroad Passenger Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2025, the Inspector General shall
submit to the House and Senate Committees on Appropriations a budget request for
fiscal year 2025 in similar format and substance to budget requests submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as authorized
by section 3109 of title 5, United States Code, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code, $140,000,000, of which not to exceed $1,000 may be used for
official reception and representation expenses.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $158,000,000.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board, including
services authorized by section 3109 of title 5, United States Code, $47,452,000:
Provided, That, notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further, That the amounts
made available under this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are received during
fiscal year 2024, to result in a final appropriation from the general fund
estimated at not more than $46,202,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference rooms, and the
employment of experts and consultants under section 3109 of title 5, United
States Code, of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the McKinney-Vento Homeless
Assistance Act, as amended, $4,300,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise compensate, non-
Federal parties intervening in regulatory or adjudicatory proceedings funded in
this Act.
Sec. 402. None of the funds appropriated in this Act shall remain available
for obligation beyond the current fiscal year, nor may any be transferred to
other appropriations, unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this Act for any
consulting service through a procurement contract pursuant to section 3109 of
title 5, United States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act may be obligated
or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content and
methods to be used in the training and written end of course evaluation;
(4) contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as defined
in Equal Employment Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change, participants' personal
values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude
an agency from conducting training bearing directly upon the performance of
official duties.
Sec. 405. Except as otherwise provided in this Act, none of the funds
provided in this Act, provided by previous appropriations Acts to the agencies
or entities funded in this Act that remain available for obligation or
expenditure in fiscal year 2024, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies funded by this
Act, shall be available for obligation or expenditure through a reprogramming of
funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by either
the House or Senate Committees on Appropriations for a different
purpose;
(5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000
or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or department
different from the budget justifications submitted to the Committees on
Appropriations or the table accompanying the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of enactment of this Act,
each agency funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of Representatives to establish
the baseline for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate column to
display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year enacted
level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), accompanying reports of the House and Senate
Committees on Appropriations, or in the budget appendix for the
respective appropriations, whichever is more detailed, and shall
apply to all items for which a dollar amount is specified and to
all programs for which new budget (obligational) authority is
provided, as well as to discretionary grants and discretionary
grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by law, not to exceed
50 percent of unobligated balances remaining available at the end of fiscal year
2024 from appropriations made available for salaries and expenses for fiscal
year 2024 in this Act, shall remain available through September 30, 2025, for
each such account for the purposes authorized: Provided, That a request shall
be submitted to the House and Senate Committees on Appropriations for approval
prior to the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines under section 405 of
this Act.
Sec. 407. No funds in this Act may be used to support any Federal, State,
or local projects that seek to use the power of eminent domain, unless eminent
domain is employed only for a public use: Provided, That for purposes of this
section, public use shall not be construed to include economic development that
primarily benefits private entities: Provided further, That any use of funds
for mass transit, railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public (including energy-
related, communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general public or
which have other common-carrier or public-utility functions that serve the
general public and are subject to regulation and oversight by the government,
and projects for the removal of an immediate threat to public health and safety
or brownfields as defined in the Small Business Liability Relief and Brownfields
Revitalization Act (Public Law 107-118) shall be considered a public use for
purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided in, this
Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the entity will
comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-
8305, popularly known as the ``Buy American Act'').
Sec. 410. No funds appropriated or otherwise made available under this Act
shall be made available to any person or entity that has been convicted of
violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used for
first-class airline accommodations in contravention of sections 301-10.122 and
301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used to send
or otherwise pay for the attendance of more than 50 employees of a single agency
or department of the United States Government, who are stationed in the United
States, at any single international conference unless the relevant Secretary
reports to the House and Senate Committees on Appropriations at least 5 days in
advance that such attendance is important to the national interest: Provided,
That for purposes of this section the term ``international conference'' shall
mean a conference occurring outside of the United States attended by
representatives of the United States Government and of foreign governments,
international organizations, or nongovernmental organizations.
Sec. 413. None of the funds appropriated or otherwise made available under
this Act may be used by the Surface Transportation Board to charge or collect
any filing fee for rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil suit filing fees
under section 1914 of title 28, United States Code.
Sec. 414. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act may be used to
deny an Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency over which
that Inspector General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any provision of law, except
a provision of law that expressly refers to the Inspector General and expressly
limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to the
Committees on Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this requirement.
Sec. 416. None of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractors whose
performance has been judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a contract, unless the
Agency determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the overall scope
of the project and/or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. No part of any appropriation contained in this Act shall be
available to pay the salary for any person filling a position, other than a
temporary position, formerly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily completed his or her period
of active military or naval service, and has within 90 days after his or her
release from such service or from hospitalization continuing after discharge for
a period of not more than 1 year, made application for restoration to his or her
former position and has been certified by the Office of Personnel Management as
still qualified to perform the duties of his or her former position and has not
been restored thereto.
Sec. 418. (a) None of the funds made available by this Act may be used to
approve a new foreign air carrier permit under sections 41301 through 41305 of
title 49, United States Code, or exemption application under section 40109 of
that title of an air carrier already holding an air operators certificate issued
by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport
Agreement where such approval would contravene United States law or Article 17
bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise preclude
the Secretary of Transportation from granting a foreign air carrier permit or an
exemption to such an air carrier where such authorization is consistent with the
U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law.
Sec. 419. (a) In the table of projects in the explanatory statement
referenced in section 417 of the Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2022 (division L of Public Law 117-
103)--
(1) the item relating to ``Midland Center for the Arts only for
structural improvements'' is deemed to be amended by striking recipient
``City of Midland'' and inserting ``Midland Center for the Arts'';
(2) the item relating to ``Barren County Fiscal Court--Chapatcha
Industrial Park Development'' is deemed to be amended by striking
project ``Barren County Fiscal Court--Chapatcha Industrial Park
Development'' and inserting ``Barren County Fiscal Court--Chapatcha
Industrial Park or South Cooper Industrial Park Development'';
(3) the item relating to ``Pasco County Board of County
Commissioners--Rural Northwest Pasco Community Park Site Acquisition''
is deemed to be amended by striking ``Northwest'' and inserting
``Northeast'';
(4) the item relating to ``Wood County Development Authority--Site
Readiness & Redevelopment Downtown Parkersburg'' is deemed to be amended
by striking ``Wood County Development Authority--Site Readiness &
Redevelopment Downtown Parkersburg'' and inserting ``Redevelopment of
Downtown Parkersburg'';
(5) the item relating to ``Rosemary's Way Penacook Affordable
Housing'' is deemed to be amended by striking recipient ``CATCH
Neighborhood Housing'' and inserting ``Concord Area Trust for Community
Housing'';
(6) the item relating to ``Lead Safe Home Fund'' is deemed to be
amended by striking recipient ``Lead Safe Cleveland Coalition'' and
inserting ``Mt. Sinai Health Care Foundation'';
(7) the item relating to ``Boys & Girls Club in Miami Gardens'' is
deemed to be amended by striking ``Club in Miami Gardens'' and inserting
``Clubs within the Miami-Dade area'';
(8) the item relating to ``Acquisition of new commercial space'' is
deemed to be amended by striking ``Acquisition of new commercial space''
and inserting ``Renovation of community center'';
(9) the item relating to ``North Commons Regional Vision'' is deemed
to be amended by striking recipient ``Minneapolis Park and Recreation
Board'' and inserting ``City of Minneapolis'';
(10) the item relating to ``Electric school bus and associated
electric vehicle (EV) charging infrastructure'' is deemed to be amended
by striking recipient ``Falls Church City Public Schools'' and inserting
``City of Falls Church'';
(11) the item relating to ``A PLACE 4 ALICE facility improvement''
is deemed to be amended by striking ``A PLACE 4 ALICE facility
improvement'' and inserting ``Affordable Housing and Community
Facilities''; and
(b) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for division L
of the Consolidated Appropriations Act, 2023 (Public Law 117-328) described in
section 4 in the matter preceding division A of such Act--
(1) the item relating to ``River Road Homes Affordable Housing
Infrastructure'' is deemed to be amended by striking recipient ``Town of
Canaan'' and inserting ``Falls Village Housing Trust Inc.'';
(2) the item relating to ``The Star Community Family Life Center''
is deemed to be amended by striking recipient ``The Star Community
Family Life Center'' and inserting ``MSBC Five Star Program, Inc.'';
(3) the item relating to ``Early Learning Childcare Center
Construction'' (recipient ``The Caring Place'') is deemed to be amended
by striking ``Early Learning Childcare Center Construction'' and
inserting ``CARE Center construction'';
(4) the item relating to ``Upper Bucks Rail Trail'' is deemed to be
amended by striking recipient ``Appalachian Mountain Club'' and
inserting ``The County of Bucks'';
(5) the item relating to ``YMCA & Albion College Initiative of the
Washington Gardner Center Building Renovation and Expansion'' is deemed
to be amended by striking ``YMCA & Albion College Initiative of the
Washington Gardner Center Building Renovation and Expansion'' and
inserting ``Site improvements'';
(6) the item relating to ``Wood County Industrial Site Readiness and
Redevelopment'' is deemed to be amended by striking ``Wood County
Industrial Site Readiness & Redevelopment'' and inserting
``Redevelopment of Downtown Parkersburg'';
(7) the item relating to ``B-360 Educational Campus'' is deemed to
be amended by striking ``I Am Mentality, Inc.'' and inserting ``B-360
Baltimore, Inc.'';
(8) the item relating to ``Riverbrook Regional YMCA'' is deemed to
be amended by striking recipient ``Riverbrook Regional Young Men's
Christian Association, Inc.'' and inserting ``City of Norwalk'';
(9) the item relating to ``Miami Veterans Housing Project'' is
deemed to be amended by striking recipient ``United Way Miami'' and
inserting ``CRC Leadership, Inc.'';
(10) the item relating to ``Supportive Living, Community Day
Services, and Housing Site Project for Adults with Intellectual and
Developmental Disabilities'' is deemed to be amended by striking ``,
Community Day Services, and Housing'';
(11) the item relating to ``Public Library Addition'' is deemed to
be amended by striking ``Addition'' and inserting ``Renovation'';
(12) the item relating to ``Renovation of Snelling Motel to
Affordable Housing for Veterans'' is deemed to be amended by striking
``Snelling Motel to'' and inserting ``Hotel for'';
(13) the item relating to ``Indigenous Farm Hub'' is deemed to be
amended by striking recipient ``Tides Center'' and inserting ``Native
American Community Academy Inspired Schools Network (NISN)'';
(14) the item relating to ``El Centro de la Raza--Pattison's West
Community Campus Property Acquisition'' is deemed to be amended by
striking ``El Centro de la Raza--Pattison's West Community Campus
Property Acquisition'' and inserting ``Pattison's West Community
Campus'';
(15) the item relating to ``Road Raising & Flood Resiliency for
Amity Harbor and American Venice Project'' is deemed to be amended by
striking ``Road Raising & Flood Resiliency for Amity Harbor and American
Venice Project'' and inserting ``Town of Babylon Federal Aid Roadway
Improvement Project'';
(16) the item relating to ``Dayton International Airport (DAY)--
Northeast Logistics Access Project'' is amended by striking ``Dayton
International Airport (DAY)--Northeast Logistics Access Project'' and
inserting ``Infrastructure capital improvements, including street,
wastewater and sewer line improvements'';
(17) the item relating to ``Help Me Grow Skagit Family Resource
Center Expansion'' is deemed to be amended by striking recipient
``Children's Council of Skagit County'' and inserting ``Children's
Museum of Skagit County''; and
(18) the item relating to ``Permanent Supportive Housing Properties
Acquisition'' is deemed to be amended by striking ``Permanent Supportive
Housing Properties Acquisition'' and inserting ``Permanent Supportive
Housing Acquisition, Development and Rehabilitation''.
Sec. 420. None of the funds made available by this Act may be used by the
Secretary of Housing and Urban Development in contravention of section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5155).
Sec. 421. None of the funds made available by this Act to the Department of
Transportation may be used in contravention of section 306108 of title 54,
United States Code.
Sec. 422. None of the funds made available by this or any other Act may be
used to require the use of inward facing cameras or require a motor carrier to
register an apprenticeship program with the Department of Labor as a condition
for participation in the safe driver apprenticeship pilot program.
Sec. 423. None of the funds made available by this Act may be used by the
Department of Housing and Urban Development to direct a grantee to undertake
specific changes to existing zoning laws as part of carrying out the final rule
entitled ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16,
2015)) or the notice entitled ``Affirmatively Furthering Fair Housing Assessment
Tool'' (79 Fed. Reg. 57949 (September 26, 2014)).
Sec. 424. None of the funds made available by this Act may be used in
contravention of existing Federal law regarding non-citizen eligibility and
ineligibility for occupancy in federally assisted housing or for participation
in and assistance under Federal housing programs, including section 214 of the
Housing and Community Development Act of 1980 (42 U.S.C. 1436a) and title IV of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1601 et seq.).
Sec. 425. Section 127 of title 23, United States Code, is amended by
inserting at the end the following:
``(x) Certain agricultural vehicles in the state of mississippi.--
``(1) In general.--The State of Mississippi may allow, by special
permit, the operation of a covered agricultural vehicle on the
Interstate System in the State of Mississippi if such vehicle does not
exceed--
``(A) a gross vehicle weight of 88,000 pounds; and
``(B) 110 percent of the maximum weight on any axle or axle
group described in subsection (a)(2), including any enforcement
tolerance.
``(2) Covered agricultural vehicle defined.--In this subsection, the
term `covered agricultural vehicle' means a vehicle that is transporting
unprocessed agricultural crops used for food, feed or fiber, or raw or
unfinished forest products, including logs, pulpwood, biomass or wood
chips.
``(y) Operation of Certain Vehicles in West Virginia.--
``(1) In general.--The State of West Virginia may allow, by
special permit, the operation of a vehicle that is transporting
materials and equipment on the Interstate System in the State of
West Virginia if such vehicle does not exceed 110 percent of the
maximum weight on any axle or axle group described in subsection
(a)(2), including any enforcement tolerance, provided the
remaining gross vehicle weight requirements of subsection (a)
are met.
``(2) Definition.--In this subsection, the term `materials
and equipment' means materials and equipment that are used on a
project eligible under this chapter.''.
Sec. 426. None of the funds appropriated or made available by this division
for the Department of Transportation for fiscal year 2024 may be used to enforce
a mask mandate in response to the COVID-19 virus.
This division may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2024''.
DIVISION G--OTHER MATTERS
TITLE I--HEALTH AND HUMAN SERVICES
Subtitle A--Public Health Extenders
SEC. 101. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH SERVICE CORPS,
AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) Extension for Community Health Centers.--Section 10503(b)(1)(F) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
amended by striking ``and $536,986,301 for the period beginning on January 20,
2024, and ending on March 8, 2024'' and inserting ``$536,986,301 for the period
beginning on January 20, 2024, and ending on March 8, 2024, and $3,592,328,767
for the period beginning on October 1, 2023, and ending on December 31, 2024''.
(b) Extension for the National Health Service Corps.--Section 10503(b)(2)(I)
of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(I)) is
amended by striking ``and $41,616,438 for the period beginning on January 20,
2024, and ending on March 8, 2024'' and inserting ``$41,616,438 for the period
beginning on January 20, 2024, and ending on March 8, 2024, and $297,013,699 for
the period beginning on October 1, 2023, and ending on December 31, 2024''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--
(1) In general.--Section 340H(g)(1) of the Public Health Service Act
(42 U.S.C. 256h(g)(1)) is amended by striking ``and $16,982,192 for the
period beginning on January 20, 2024, and ending on March 8, 2024'' and
inserting ``$16,982,192 for the period beginning on January 20, 2024,
and ending on March 8, 2024, and $164,136,986 for the period beginning
on October 1, 2023, and ending on December 31, 2024''.
(2) Addition to capped amounts.--Section 340H(b)(2) of the Public
Health Service Act (42 U.S.C. 256h(b)(2)) is amended by adding at the
end the following:
``(C) Addition.--Notwithstanding any provision of this
section, for the period beginning on October 1, 2023, and ending
on December 31, 2024, the Secretary may use any amounts made
available in any fiscal year to carry out this section
(including amounts recouped under subsection (f)) to make
payments described in paragraphs (1)(A) and (1)(B), in addition
to the total amount of funds appropriated under subsection
(g).''.
(3) Report to congress.--For the period beginning on October 1,
2023, and ending on December 31, 2024, the Secretary of Health and Human
Services shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report specifying--
(A) the total amount of funds recouped under subsection (f)
of section 340H of the Public Health Service Act (42 U.S.C.
256h);
(B) the rationale for the funds being recouped; and
(C) the total amount of funds recouped under subsection (f)
of such section 340H that were used pursuant to subsection
(b)(2)(C) of such section 340H to adjust total payment amounts
above the total amounts appropriated under subsection (g) of
such section 340H, as amended by paragraph (3).
(d) Application of Provisions.--Amounts appropriated pursuant to the
amendments made by this section shall be subject to the requirements contained
in Public Law 117-328 for funds for programs authorized under sections 330
through 340 of the Public Health Service Act (42 U.S.C. 254b et seq.).
(e) Conforming Amendment.--Section 3014(h)(4) of title 18, United States
Code, is amended by striking ``and section 101(d) of the Further Additional
Continuing Appropriations and Other Extensions Act, 2024'' and inserting
``section 101(d) of the Further Additional Continuing Appropriations and Other
Extensions Act, 2024, and section 101(d) of the Consolidated Appropriations Act,
2024''.
SEC. 102. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Extension of Special Diabetes Programs for Type I Diabetes.--Section
330B(b)(2)(E) of the Public Health Service Act (42 U.S.C. 254c-2(b)(2)(E)) is
amended by striking ``and $20,136,986 for the period beginning on January 20,
2024, and ending on March 8, 2024'' and inserting ``$20,136,986 for the period
beginning on January 20, 2024, and ending on March 8, 2024, and $130,000,000 for
the period beginning on March 9, 2024, and ending on December 31, 2024''.
(b) Extending Funding for Special Diabetes Programs for Indians.--Section
330C(c)(2)(E) of the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(E)) is
amended by striking ``and $20,136,986 for the period beginning on January 20,
2024, and ending on March 8, 2024'' and inserting ``$20,136,986 for the period
beginning on January 20, 2024, and ending on March 8, 2024, and $130,000,000 for
the period beginning on March 9, 2024, and ending on December 31, 2024''.
SEC. 103. NATIONAL HEALTH SECURITY EXTENSIONS.
(a) Section 319(e)(8) of the Public Health Service Act (42 U.S.C.
247d(e)(8)) is amended by striking ``March 8, 2024'' and inserting ``December
31, 2024''.
(b) Section 319L(e)(1)(D) of the Public Health Service Act (42 U.S.C. 247d-
7e(e)(1)(D)) is amended by striking ``March 8, 2024'' and inserting ``December
31, 2024''.
(c) Section 319L-1(b) of the Public Health Service Act (42 U.S.C. 247d-
7f(b)) is amended by striking ``March 8, 2024'' and inserting ``December 31,
2024''.
(d)(1) Section 2811A(g) of the Public Health Service Act (42 U.S.C. 300hh-
10b(g)) is amended by striking ``March 8, 2024'' and inserting ``December 31,
2024''.
(2) Section 2811B(g)(1) of the Public Health Service Act (42 U.S.C. 300hh-
10c(g)(1)) is amended by striking ``March 8, 2024'' and inserting ``December 31,
2024''.
(3) Section 2811C(g)(1) of the Public Health Service Act (42 U.S.C. 300hh-
10d(g)(1)) is amended by striking ``March 8, 2024'' and inserting ``December 31,
2024''.
(e) Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-
11(c)(4)(B)) is amended by striking ``March 8, 2024'' and inserting ``December
31, 2024''.
Subtitle B--Medicaid
SEC. 201. REQUIREMENT FOR STATE MEDICAID PLANS TO PROVIDE COVERAGE FOR
MEDICATION-ASSISTED TREATMENT.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d)
is amended--
(1) in subsection (a)(29), by striking ``for the period beginning
October 1, 2020, and ending September 30, 2025,'' and inserting
``beginning on October 1, 2020,''; and
(2) in subsection (ee)(2), by striking ``for the period specified in
such paragraph, if before the beginning of such period the State
certifies to the satisfaction of the Secretary'' and inserting ``if such
State certifies, not less than every 5 years and to the satisfaction of
the Secretary,''.
(b) Conforming Amendment.--Section 1006(b)(4)(A) of the Substance Use-
Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and
Communities Act (42 U.S.C. 1396a note) is amended by striking ``, and before
October 1, 2025''.
SEC. 202. COLLECTION AND REPORTING OF COMPREHENSIVE DATA FOR SPECIFIED
POPULATIONS ENROLLED IN MEDICAID AND CHIP.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by
adding at the end the following new section:
``SEC. 1948. COLLECTION AND REPORTING OF COMPREHENSIVE DATA FOR SPECIFIED
POPULATIONS.
``(a) Recurring Analysis and Publication of Health Care Data Related to
Treatment for Substance Use Disorder or a Mental Health Condition.--
``(1) In general.--The Secretary, on an annual basis, shall link,
analyze, and publish on a publicly available website data reported by
States through the Transformed Medicaid Statistical Information System
(T-MSIS) (or a successor system) relating to substance use disorder and
mental health services provided to individuals enrolled under a State
plan under this title or a State child health plan under title XXI (or
under a waiver of such plans) who have been diagnosed with a substance
use disorder or mental health condition, including an analysis that is
disaggregated by age. Such enrollee information shall be de-identified
of any personally identifying information, shall adhere to privacy
standards established by the Department of Health and Human Services,
and shall be aggregated to protect the privacy of enrollees, as
necessary.
``(2) Requirements.--The analysis required under paragraph (1) shall
include, at a minimum, the following data for each State (including, to
the extent available, for the District of Columbia, Puerto Rico, the
United States Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa):
``(A) The number and percentage of individuals enrolled
under the State plan under this title or the State child health
plan under title XXI (or under a waiver of such plans) in each
of the major enrollment categories (as defined in a public
letter from the Medicaid and CHIP Payment and Access Commission
to the Secretary) who have been diagnosed with--
``(i) a substance use disorder;
``(ii) a mental health condition; or
``(iii) a co-occurring substance use disorder and
mental health condition.
``(B) With respect to individuals enrolled under the State
plan under this title or the State child health plan under title
XXI (or under a waiver of such plans) who have received a
diagnosis described in subparagraph (A), a list of the substance
use disorder and mental health treatment services, including, to
the extent such data are available, specific adult and pediatric
services by each major type of service, such as counseling,
intensive home-based services, intensive care coordination,
crisis services tailored to children and youth, peer support
services, family-to-family support, inpatient hospitalization,
medication-assisted treatment, residential treatment, and other
appropriate services as identified by the Secretary, for which
beneficiaries in each State received at least 1 service under
the State plan under this title or the State child health plan
under title XXI (or under a waiver of such plans).
``(C) With respect to each diagnosis described in
subparagraph (A), the number and percentage of individuals
enrolled under the State plan under this title or the State
child health plan under title XXI (or under a waiver of such
plans) who have such diagnosis and received services for such
diagnosis under such plan or waiver by each major type of
treatment service listed under subparagraph (B) within each
major setting type, such as outpatient, inpatient, residential,
and other home-based and community-based settings.
``(D) The number of services provided under the State plan
under this title or the State child health plan under title XXI
(or under a waiver of such plans) per individual enrolled under
such plan or waiver who has a diagnosis described in
subparagraph (A) for each such diagnosis and each major type of
treatment service listed under subparagraph (B).
``(E) The number and percentage of individuals enrolled
under the State plan under this title or the State child health
plan under title XXI (or under a waiver of such plans) by major
enrollment category, who have a diagnosis described in
subparagraph (A) and received substance use disorder or mental
health treatment through--
``(i) a Medicaid managed care entity (as defined in
section 1932(a)(1)(B)), including the number of such
individuals who received such assistance through a
prepaid inpatient health plan (as defined by the
Secretary) or a prepaid ambulatory health plan (as
defined by the Secretary);
``(ii) a fee-for-service payment model; or
``(iii) an alternative payment model, to the extent
available.
``(F) The number and percentage of individuals enrolled
under the State plan under this title or the State child health
plan under title XXI (or under a waiver of such plans) who have
a diagnosis described in subparagraph (A) and received services
for a mental health condition or a substance use disorder in an
outpatient or community-based or home-based setting after
receiving mental health or substance use disorder services in an
inpatient or residential setting, and the number of mental
health or substance use disorder services received by such
individuals in the outpatient or community-based or home-based
setting.
``(G) The number and percentage of inpatient admissions in
which services for a mental health condition or substance use
disorder were provided to an individual enrolled under the State
plan under this title or the State child health plan under title
XXI (or under a waiver of such plans) that occurred within 30
days after discharge from a hospital or residential facility in
which services for a mental health condition or substance use
disorder previously were provided to such individual,
disaggregated by each diagnosis described in subparagraph (A)
and type of facility, to the extent such information is
available.
``(H) The number of emergency department visits by an
individual enrolled under the State plan under this title or the
State child health plan under title XXI (or under a waiver of
such plans) who has a diagnosis described in subparagraph (A)
within 7 days of such individual being discharged from an
inpatient stay at a hospital during which services for a mental
health condition or substance use disorder were provided, or
from a mental health facility, an independent psychiatric wing
of an acute care hospital, an intermediate care facility for
individuals with intellectual disabilities, or a residential
treatment facility, disaggregated by each diagnosis described in
subparagraph (A) and type of facility, to the extent such
information is available.
``(I) The number and percentage of individuals who are
enrolled under the State plan under this title or the State
child health plan under title XXI (or under a waiver of such
plans) and received an assessment for a mental health condition.
``(J) The number and percentage of individuals who are
enrolled under the State plan under this title or the State
child health plan under title XXI (or under a waiver of such
plans) and received an assessment for a substance use disorder.
``(K) The number of mental health services provided to
individuals enrolled under the State plan under this title or
the State child health plan under title XXI (or under a waiver
of such plans) who received an assessment described in
subparagraph (I) in the 30 days post-assessment.
``(L) The number of substance use disorder treatment
services provided to individuals enrolled under the State plan
under this title or the State child health plan under title XXI
(or under a waiver of such plans) who received an assessment
described in subparagraph (J) in the 30 days post-assessment.
``(M) Prescription National Drug Code codes, fill dates, and
number of days supply of any covered outpatient drug (as defined
in section 1927(k)(2)) that was dispensed to an individual
enrolled under the State plan under this title or the State
child health plan under title XXI (or under a waiver of such
plans) with an episode described in subparagraph (G) or (H)
during any period that occurs after the individual's discharge
date defined in subparagraph (G) or (H) (as applicable), and
before the admission date applicable under subparagraph (G) or
the date of the emergency department visit applicable under
subparagraph (H) that were--
``(i) to treat a mental health condition; or
``(ii) to treat a substance use disorder.
``(b) Publication.--
``(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary shall make publicly available
the first analysis required by subsection (a).
``(2) Annual updates.--The Secretary shall issue an updated version
of the analysis required under subsection (a) not later than January 1
of each calendar year.
``(3) Use of t-msis data.--The analysis required under subsection
(a) and updates required under paragraph (4) shall--
``(A) use data and definitions from the T-MSIS data set that
is no more than 12 months old on the date that the analysis or
update is published; and
``(B) as appropriate, include a description with respect to
each State of the quality and completeness of the data and
caveats describing the limitations of the data reported to the
Secretary by the State that is sufficient to communicate the
appropriate uses for the information.
``(4) Revised publication.--Beginning not later than 3 years after
the date of enactment of this section, the Secretary annually shall
publish a revised publication of the analysis required by subsection (a)
that allows for a research-ready and publicly accessible interface of
the publication and is developed after consultation with stakeholders on
the usability of the data contained in the publication.
``(5) Making t-msis data on substance use disorders and mental
health conditions available to researchers.--
``(A) Requirement to publish system of records notice.--
``(i) In general.--Subject to subparagraph (B), the
Secretary shall publish in the Federal Register a system
of records notice for the data specified in clause (ii)
for the Transformed Medicaid Statistical Information
System, in accordance with section 552a(e)(4) of title
5, United States Code. The notice shall outline policies
that protect the security and privacy of the data that,
at a minimum, meet the security and privacy policies of
SORN 09-70-0541 for the Medicaid Statistical Information
System.
``(ii) Required data.--The data covered by the
systems of records notice required under clause (i)
shall be sufficient for researchers and States to
analyze the prevalence of conditions described in
subsection (a)(2)(A) in the Medicaid and Children's
Health Insurance Program beneficiary population and the
treatment of such conditions under Medicaid across all
States (including the District of Columbia, Puerto Rico,
the United States Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa), forms of
treatment, and treatment settings.
``(iii) Initiation of data-sharing activities.--Not
later than January 1, 2025, the Secretary shall initiate
the data-sharing activities outlined in the notice
required under clause (i).
``(B) Satisfaction of requirement through existing system of
records notice.--The Secretary shall not be required to publish
a new system of records notice as required under subparagraph
(A) if, not later than January 1, 2025, the Secretary determines
that the system of records notice published by the Secretary in
the Federal Register on February 6, 2019 (84 Fed. Reg. 2230),
satisfies the requirements described in subparagraph (A).''.
SEC. 203. MONITORING PRESCRIBING OF ANTIPSYCHOTIC MEDICATIONS.
(a) In General.--Section 1902(oo)(1)(B) of the Social Security Act (42
U.S.C. 1396a(oo)(1)(B)) is amended--
(1) in the subparagraph heading, by striking ``by children'';
(2) by striking ``children enrolled'' and inserting ``children
generally, children in foster care specifically, individuals over the
age of 18 receiving home and community-based services (as defined in
section 9817(a)(2)(B) of Public Law 117-2), and individuals over the age
of 18 residing in institutional care settings (including nursing
facilities, intermediate care facilities for individuals with
intellectual disabilities, institutions for mental diseases, inpatient
psychiatric hospitals, and other such institutional care settings)
enrolled''; and
(3) by striking ``not more than the age of 18 years'' through the
period at the end and inserting ``subject to the program, including
information with respect to each such category of children and
individuals over the age of 18.''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect
on the date that is 24 months after the date of enactment of this Act.
SEC. 204. EXTENSION OF STATE OPTION TO PROVIDE MEDICAL ASSISTANCE FOR CERTAIN
INDIVIDUALS IN INSTITUTIONS FOR MENTAL DISEASES.
(a) Making Permanent State Plan Amendment Option To Provide Medical
Assistance for Certain Individuals Who Are Patients in Certain Institutions for
Mental Diseases.--Section 1915(l)(1) of the Social Security Act (42 U.S.C.
1396n(l)(1)) is amended by striking ``With respect to calendar quarters
beginning during the period beginning October 1, 2019, and ending September 30,
2023,'' and inserting ``With respect to calendar quarters beginning on or after
October 1, 2019,''.
(b) Maintenance of Effort Revision.--Section 1915(l)(3) of the Social
Security Act (42 U.S.C. 1396n(l)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``other than under this title from non-
Federal funds'' and all that follows through ``subparagraph
(B))'' and inserting ``from non-Federal funds for items and
services (including services described in subparagraph (B))'';
and
(B) by striking ``such items and services'' and all that
follows through the period and inserting ``such items and
services for, at the option of the State--
``(i) fiscal year 2018; or
``(ii) the most recently ended fiscal year as of the
date the State submits a State plan amendment to the
Secretary to provide such medical assistance in
accordance with this subsection.'';
(2) in subparagraph (B), by striking ``subparagraph (A)(ii)'' and
inserting ``subparagraph (A)''; and
(3) by adding at the end the following new subparagraph:
``(D) Application of maintenance of effort requirements to
certain states.--In the case of a State with a State plan
amendment in effect on September 30, 2023, for the 1-year period
beginning on the date of enactment of this subparagraph, the
provisions of subparagraph (A) shall be applied as if the
amendments to such subparagraph made by the Consolidated
Appropriations Act, 2024 had never been made.''.
(c) Additional Requirements.--
(1) In general.--
(A) General requirements.--Section 1915(l)(4) of the Social
Security Act (42 U.S.C. 1396n(l)(4)) is amended--
(i) in subparagraph (A), by striking ``through (D)''
and inserting ``through (F)'';
(ii) in subparagraph (B)--
(I) by striking ``Prior to approval of a
State plan amendment under this subsection, the
State shall notify the Secretary of how the
State will ensure'' and inserting ``The State
shall have in place evidence-based, substance
use disorder-specific individual placement
criteria and utilization management approaches
to ensure placement of eligible individuals in
an appropriate level of care, including criteria
and approaches to ensure''; and
(II) by adding at the end the following
sentence: ``The State shall notify the Secretary
at such time and in such form and manner as the
Secretary shall require of such criteria and
utilization management approaches.''; and
(iii) by adding at the end the following new
subparagraph:
``(E) Review process.--The State shall, using nationally
recognized substance use disorder-specific program standards,
have in place a process to review the compliance of eligible
institutions for mental diseases with such program standards
specified by the State.''.
(B) Effective date.--The amendments made by subparagraph (A)
shall apply with respect to States providing medical assistance
for items and services pursuant to a State plan amendment under
section 1915(l) of the Social Security Act (42 U.S.C. 1396n(l))
in calendar quarters beginning on or after October 1, 2025.
(2) One-time assessment.--Section 1915(l)(4) of the Social Security
Act (42 U.S.C. 1396n(l)(4)), as amended by paragraph (1), is further
amended by adding at the end the following new subparagraph:
``(F) Assessment.--
``(i) In general.--The State shall, not later than
12 months after the approval of a State plan amendment
described in this subsection (or, in the case of a State
that has such an amendment approved as of September 30,
2023, not later than 12 months after the date of
enactment of this subparagraph), commence an assessment
of--
``(I) the availability of treatment for
individuals enrolled under a State plan under
this title (or waiver of such plan) in each
level of care described in subparagraph (C),
including how such availability varies by region
of the State; and
``(II) the availability of medication-
assisted treatment and medically supervised
withdrawal management services for such
individuals, including how such availability
varies by region of the State.
``(ii) Required completion.--The State shall
complete an assessment described in clause (i) not later
than 12 months after the date the State commences such
assessment.''.
(3) Clarification of levels of care.--Section 1915(l) of the Social
Security Act (42 U.S.C. 1396n(l)) is amended--
(A) in paragraph (4)(C)(ii), by striking ``problems in
Dimensions 1, 2, or 3'' each place it appears and inserting
``conditions''; and
(B) in paragraph (7), by striking subparagraph (A) and
redesignating subparagraphs (B) through (D) as subparagraphs (A)
through (C), respectively.
(d) Application to Certain States.--Notwithstanding section 430.20 of title
42, Code of Federal Regulations, the Secretary of Health and Human Services may
approve a request to renew a State plan amendment under section 1915(l) of the
Social Security Act (42 U.S.C. 1396n(l)) with an effective date of October 1,
2023, if the State making such request--
(1) had approval for a State plan amendment under such section as of
September 30, 2023; and
(2) submits the request to renew such amendment not later than 60
days after the date of enactment of this Act.
SEC. 205. PROHIBITION ON TERMINATION OF ENROLLMENT DUE TO INCARCERATION.
(a) Medicaid.--
(1) In general.--Section 1902(a)(84)(A) of the Social Security Act
(42 U.S.C. 1396a(a)(84)(A)), as amended by section 5122(a)(2) of the
Consolidated Appropriations Act, 2023 (Public Law 117-328), is further
amended--
(A) by striking ``under the State plan'' and inserting
``under the State plan (or waiver of such plan)'';
(B) by striking ``who is an eligible juvenile (as defined in
subsection (nn)(2))'';
(C) by striking ``because the juvenile'' and inserting
``because the individual'';
(D) by striking ``during the period the juvenile'' and
inserting ``during the period the individual'';
(E) by inserting ``such an individual who is an eligible
juvenile (as defined in subsection (nn)(2)) and'' after ``or in
the case of''; and
(F) by striking ``paragraph (31)'' and inserting ``the last
numbered paragraph''.
(2) Effective date.--The amendments made by--
(A) subparagraph (A) of paragraph (1) shall take effect on
the date of the enactment of this Act; and
(B) subparagraphs (B) through (F) of paragraph (1) shall
take effect on January 1, 2026.
(b) CHIP.--
(1) In general.--Section 2102(d)(1)(A) of the Social Security Act
(42 U.S.C. 1397bb(d)(1)(A)) is amended--
(A) by inserting ``or pregnancy-related'' after ``child
health'';
(B) by inserting ``or targeted low-income pregnant woman''
after ``targeted low-income child'';
(C) by inserting ``or pregnant woman'' after ``because the
child''; and
(D) by inserting ``or pregnant woman'' after ``during the
period the child''.
(2) Effective date.--The amendments made by paragraph (1) shall
apply beginning January 1, 2026.
(c) Technical Corrections.--
(1) Section 1902(nn)(2)(A) of the Social Security Act (42 U.S.C.
1395a(a)(nn)(2)(A)) is amended by striking ``State plan'' and inserting
``State plan (or waiver of such plan)''.
(2) Section 1902(nn)(3) of the Social Security Act (42 U.S.C.
1396a(nn)(3)), is amended by striking ``paragraph (31)'' and inserting
``the last numbered paragraph''.
(3) Section 5122(a)(1) of the Consolidated Appropriations Act, 2023
(Public Law 117-328) is amended by striking ``after'' and all that
follows through the period at the end and inserting ``after `or in the
case of an eligible juvenile described in section 1902(a)(84)(D) with
respect to the screenings, diagnostic services, referrals, and targeted
case management services required under such section'.''.
(4) The fifth sentence of section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended by striking ``paragraph (30)'' and
inserting ``the last numbered paragraph''.
SEC. 206. ADDRESSING OPERATIONAL BARRIERS TO PROMOTE CONTINUITY OF CARE FOR
MEDICAID AND CHIP BENEFICIARIES FOLLOWING INCARCERATION.
(a) State Planning Grants.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall award grants to States for
the purpose of developing operational capabilities to promote continuity
of care for individuals who are inmates of a public institution and are
eligible for medical assistance under the State Medicaid program or are
eligible for child health assistance or pregnancy-related assistance
under the State CHIP.
(2) Use of funds.--A State may use funds awarded under a grant under
this subsection for activities and expenses related to complying with
the requirement described in section 1902(a)(84)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(84)(A)) that a State shall not
terminate eligibility for medical assistance, complying with the
requirements of sections 1902(a)(84)(D) and 2102(d) of the Social
Security Act (42 U.S.C. 1396a(a)(84)(D), 1397bb(d)), or adopting the
State plan options described in the subdivision (A) following the last
numbered paragraph of section 1905(a) and 2110(b)(7) of the Social
Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), or other activities and
expenses to promote continuity of care for individuals described in
paragraph (1). Such activities and expenses may include--
(A) identifying and addressing operational gaps with respect
to complying with such requirements or adopting such options, in
collaboration with public institutions, State human services
agencies, Medicaid managed care plans, providers, community-
based organizations, and other stakeholders;
(B) establishing standardized processes and automated
systems for activities that may include, but are not limited
to--
(i) determining whether an individual is enrolled in
a State Medicaid program or State CHIP at the time such
individual becomes an inmate of a public institution;
(ii) allowing an individual who is an inmate of a
public institution to submit an application to enroll or
renew coverage in a State Medicaid program or State CHIP
prior to the individual's release from such public
institution;
(iii) facilitating the delivery of medical
assistance under the State Medicaid program or child
health assistance or pregnancy-related assistance under
the State CHIP to an individual who is eligible for such
assistance while the individual is an inmate of a public
institution, such as by establishing claims processing
and prior authorization request protocols; and
(iv) in the case of an eligible individual whose
coverage under a State Medicaid program or State CHIP
was suspended while the individual was an inmate of a
public institution, restoring such coverage upon such
individual's release from the public institution;
(C) investing in information technology to--
(i) enable bi-directional information sharing
between public institutions, the State Medicaid and CHIP
agencies, and other entities such as managed care plans
and providers (in a manner consistent with applicable
State and Federal privacy laws), to support care
transitions and coordination of treatment (including
access to care in the community after release from a
public institution); and
(ii) develop indicators to ensure Federal financial
participation for medical assistance furnished under a
State Medicaid program or child health assistance or
pregnancy-related assistance furnished under a State
CHIP is available only for medical assistance or child
health assistance or pregnancy-related assistance for
items and services for which such participation is
permitted while an individual is an inmate of a public
institution; and
(D) establishing oversight and monitoring processes to
ensure public institutions and entities with which they contract
are compliant with any applicable Medicaid and CHIP
requirements.
(3) Limitations on use of funds.--A State shall not use funds from a
grant awarded under this subsection to--
(A) provide medical assistance under a State Medicaid
program or child health assistance or pregnancy-related
assistance under a State CHIP to an individual, or otherwise
directly administer health care services for an individual; or
(B) build prisons, jails, or other carceral facilities, or
pay for prison, jail, or other carceral facility-related
improvements other than those improvements that are for the
direct and primary purpose of meeting the health care needs of
individuals who are incarcerated and who are eligible for
medical assistance under the State Medicaid program or child
health assistance or pregnancy-related assistance under the
State CHIP.
(4) Allocation of grant funds.--In determining the amount of a grant
to award to a State that applies for a grant under this subsection, the
Secretary shall consider the following factors, relative to other States
applying for grants under this subsection:
(A) The number of individuals in the State who were inmates
of non-Federal public institutions (such as State prisons, local
and county jails, tribal jails, and youth correctional or
detention facilities) and were eligible for medical assistance
under a State Medicaid program at any time in calendar year
2022.
(B) The number of non-Federal public institutions in the
State (such as State prisons, local and county jails, tribal
jails, and youth correctional or detention facilities).
(C) The State's progress in developing, implementing, and
operating initiatives to promote continuity of care for
individuals who are inmates of a public institution and are
eligible for medical assistance under the State Medicaid program
or are eligible for child health assistance or pregnancy-related
assistance under the State CHIP (with favorable consideration
given to States with less progress in promoting continuity of
care for such individuals).
(5) Appropriation.--There is appropriated to the Secretary for
fiscal year 2024, out of any funds in the Treasury not otherwise
appropriated, $113,500,000, to remain available until expended, for the
purposes of awarding and administering grants to States under this
subsection.
(b) Guidance to Support State Implementation and Operations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue detailed guidance to
States that addresses common implementation and operational challenges
States face in ensuring access to authorized high-quality, timely,
accessible care before, during, and after incarceration for individuals
who are eligible for medical assistance under a State Medicaid program
or child health assistance or pregnancy-related assistance under a State
CHIP.
(2) Content.--
(A) Compliance with requirements.--The guidance required
under paragraph (1) shall address challenges States face, or are
likely to face, in complying with the requirement described in
section 1902(a)(84)(A) of the Social Security Act (42 U.S.C.
1396a(a)(84)(A)) that a State shall not terminate eligibility
for medical assistance, complying with the requirements of
sections 1902(a)(84)(D) and 2102(d) of the Social Security Act
(42 U.S.C. 1396a(a)(84)(D), 1397bb(d)), adopting the State plan
options described in the subdivision (A) following the last
numbered paragraph of section 1905(a) and section 2110(b)(7) of
the Social Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), and
carrying out other activities that are approved by the Secretary
to promote continuity of care for individuals who are inmates of
a public institution and are eligible for medical assistance
under the State Medicaid program or are eligible for child
health assistance or pregnancy-related assistance under the
State CHIP.
(B) Best practices and strategies.--The guidance required
under paragraph (1) shall include best practices and strategies
States can use to address implementation and operational
challenges related to the requirements described in subparagraph
(A), including those related to the following:
(i) Implementing modifications to improve
eligibility and enrollment processes, including, but not
limited to, completing applications for assistance under
the State Medicaid program or the State CHIP on behalf
of inmates, transmitting such applications to State
Medicaid and CHIP agencies, and screening individuals
who are inmates of public institutions for eligibility
for medical assistance that is authorized to be
furnished to the individual while the individual is such
an inmate.
(ii) Clarifying the availability of relevant Federal
financial participation, including the administrative
match under sections 1903 and 2105 of the Social
Security Act (42 U.S.C. 1396b, 1397ee), for activities
that directly support efforts to identify and enroll
eligible individuals in State Medicaid programs and
State CHIPs and that directly support the provision of
authorized medical assistance, child health assistance,
or pregnancy-related assistance, including, but not
limited to, data sharing and exchange, and other
necessary functions.
(iii) Expeditiously conducting screening for
eligibility under State Medicaid programs and State
CHIPs for individuals who are inmates of a public
institution, providing application and renewal
assistance for those who are not yet enrolled in such
programs or whose eligibility needs to be renewed, and
coordinating reinstatement of coverage under such
programs with managed care enrollment.
(iv) Ensuring that an individual who is an inmate of
a public institution and is eligible for medical
assistance under a State Medicaid program or for child
health assistance or pregnancy-related assistance under
a State CHIP receives, in a timely fashion, any such
assistance for which Federal financial participation is
authorized, such as, a supply of medications or
prescription refill upon release and the services
required under sections 1902(a)(84)(D) and 2102(d) of
the Social Security Act (42 U.S.C. 1396a(a)(84)(D),
1397bb(d)).
(v) Establishing community-based provider networks,
including those comprised of case managers, for purposes
of providing continuity of care to individuals who are
eligible for medical assistance under a State Medicaid
program or child health assistance or pregnancy-related
assistance under a State CHIP before, during, and after
incarceration.
(c) Definitions.--In this section:
(1) Public institution.--The term ``public institution'' has the
meaning given that term in section 1902(nn)(3) of the Social Security
Act (42 U.S.C. 1396a(nn)(3)).
(2) Secretary.--The term ``Secretary'' means the Secretary of Health
and Human Services.
(3) State.--The term ``State'' has the meaning given that term in
section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for
purposes of titles XIX and XXI of such Act.
(4) State chip.--The term ``State CHIP'' means a State child health
plan for child health assistance under title XXI of the Social Security
Act (42 U.S.C. 1397aa et seq.), and includes any waiver of such a plan.
(5) State medicaid program.--The term ``State Medicaid program''
means a State plan for medical assistance under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), and includes any waiver of such a
plan.
SEC. 207. GUIDANCE RELATING TO IMPROVING THE BEHAVIORAL HEALTH WORKFORCE AND
INTEGRATION OF CARE UNDER MEDICAID AND CHIP.
(a) Guidance.--Not later than 24 months after the date of enactment of this
Act, the Secretary of Health and Human Services (referred to in this section as
the ``Secretary'') shall issue guidance to States regarding the following:
(1) Opportunities to increase access to the mental health and
substance use disorder care providers that participate in Medicaid or
CHIP, which may include education, training, recruitment and retention
of such providers, with a focus on improving the capacity of this
workforce in rural and underserved areas by increasing the number, type,
and capacity of providers. The guidance relating to such opportunities
shall include the following:
(A) Best practices from States that have used authorities
under titles XI, XIX, or XXI of the Social Security Act (42
U.S.C. 1301 et seq., 1396 et seq., 1397aa et seq.), including
initiatives States have implemented under waivers under section
1115 of such Act (42 U.S.C. 1315), for such purposes.
(B) Opportunities States can leverage to finance, support,
and expand the availability of providers of community-based
mental health and substance use disorder services who
participate in Medicaid and CHIP across the continuum of care,
including through the participation of paraprofessionals with
behavioral health expertise, such as clinicians with
baccalaureate degrees and peer support specialists and including
best practices especially pertinent to pediatric care. The
guidance shall include examples of innovative policies states
have adopted to expand access to behavioral health services; for
example, by establishing more expansive and diverse behavioral
health workforce roles such as certified wellness coaches.
(C) Best practices related to financing, supporting, and
expanding the education and training of providers of mental
health and substance use disorder services in order to increase
the workforce of such providers who participate in Medicaid and
CHIP across the continuum of care, including innovative public-
private partnerships and including such practices that are
especially pertinent to pediatric care.
(2) Opportunities to promote the integration of mental health or
substance use disorder services with primary care services. The guidance
relating to such opportunities shall include the following:
(A) An overview of State options for adopting and expanding
value-based payment arrangements and alternative payment models,
including accountable care organization-like models and other
shared savings programs.
(B) A description of opportunities for States to use and
align existing authorities and resources to finance the
integration of mental health or substance use disorder services
with primary care services, including with respect to the use of
electronic health records in mental health care settings and in
substance use disorder care settings.
(C) Strategies to support integration of mental health or
substance use disorder services with primary care services
through the use of non-clinical professionals and
paraprofessionals, including peer support specialists.
(D) Examples of specific strategies and models designed to
support integration of mental health or substance use disorder
services with primary care services for differing age groups,
including children and youth and individuals over the age of 65,
which may include the collaborative care model or primary care
behavioral health model for behavioral health integration.
(b) Integration of Mental Health or Substance Use Disorder Services With
Primary Care Services.--For purposes of subsection (a)(2), the term
``integration of mental health or substance use disorder services with primary
care services'' means any of the following:
(1) The delivery of mental health or substance use disorder services
in a setting that is physically located in the same practice or building
as a primary care setting, or when at least 1 provider of mental health
or substance use disorder services is available in a primary care
setting via telehealth.
(2) The use of behavioral health integration models primarily
intended for pediatric populations with non-severe mental health needs
that are focused on prevention and early detection and intervention
methods through a multidisciplinary collaborative behavioral health team
approach co-managed with primary care, to include same-day access to
family-focused mental health treatment services.
(3) Having providers of mental health or substance use disorder
services physically co-located in a primary care setting with same-day
visit availability.
(4) Implementing or maintaining enhanced care coordination or
targeted case management which includes regular interactions between and
within care teams.
(5) Providing mental health or substance use disorder screening and
follow-up assessments, interventions, or services within the same
practice or facility as a primary care or physical service setting.
(6) The use of assertive community treatment that is integrated with
or facilitated by a primary care practice.
(7) Delivery of integrated primary care and mental health care or
substance use disorder care in the home or in community-based settings
for individuals who are recipients of Medicaid home and community-based
services.
SEC. 208. FUNDING FOR IMPLEMENTATION AND OPERATIONS.
There is appropriated to the Secretary of Health and Human Services for
fiscal year 2024, out of any funds in the Treasury not otherwise appropriated,
to remain available until expended--
(1) $5,000,000, for the purpose of carrying out section 203 and the
amendments made by such section, and sections 206, and 207; and
(2) $10,000,000 for the recurring collection, analysis, and
publication of health care data under section 1948 of the Social
Security Act, as added by section 202.
SEC. 209. CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES UNDER MEDICAID.
(a) Definition of Medical Assistance.--Section 1905 of the Social Security
Act (42 U.S.C. 1396d) is amended--
(1) in subsection (a)--
(A) in paragraph (30), by striking ``; and'' and inserting a
semicolon;
(B) by redesignating paragraph (31) as paragraph (32); and
(C) by inserting after paragraph (30) the following new
paragraph:
``(31) certified community behavioral health clinic services, as
defined in subsection (jj); and''; and
(2) by adding at the end the following new subsection:
``(jj) Certified Community Behavioral Health Clinic Services.--
``(1) In general.--The term `certified community behavioral health
services' means any of the following services when furnished to an
individual as a patient of a certified community behavioral health
clinic (as defined in paragraph (2)), in a manner reflecting person-
centered care and which, if not available directly through a certified
community behavioral health clinic, may be provided or referred through
formal relationships with other providers:
``(A) Crisis mental health services, including 24-hour
mobile crisis teams, emergency crisis intervention services, and
crisis stabilization.
``(B) Screening, assessment, and diagnosis, including risk
assessment.
``(C) Patient-centered treatment planning or similar
processes, including risk assessment and crisis planning.
``(D) Outpatient mental health and substance use services.
``(E) Outpatient clinic primary care screening and
monitoring of key health indicators and health risk.
``(F) Intensive case management services.
``(G) Psychiatric rehabilitation services.
``(H) Peer support and counselor services and family
supports.
``(I) Intensive, community-based mental health care for
members of the armed forces and veterans who are eligible for
medical assistance, particularly such members and veterans
located in rural areas, provided the care is consistent with
minimum clinical mental health guidelines promulgated by the
Veterans Health Administration, including clinical guidelines
contained in the Uniform Mental Health Services Handbook of such
Administration.
``(2) Certified community behavioral health clinic.--The term
`certified community behavioral health clinic' means an organization
that--
``(A) has been certified by a State as meeting the criteria
established by the Secretary pursuant to subsection (a) of
section 223 of the Protecting Access to Medicare Act as of
January 1, 2024, and any subsequent updates to such criteria,
regardless of whether the State is carrying out a demonstration
program under this title under subsection (d) of such section;
``(B) is engaged in furnishing all of the services described
in paragraph (1); and
``(C) agrees, as a condition of the certification described
in subparagraph (A), to furnish to the State or Secretary any
data required as part of ongoing monitoring of the
organization's provision of services, including encounter data,
clinical outcomes data, quality data, and such other data as the
State or Secretary may require.''.
(b) Effective Date.--The amendments made by this section shall apply with
respect to medical assistance furnished on or after the date of enactment of
this Act.
SEC. 210. ELIMINATING CERTAIN DISPROPORTIONATE SHARE HOSPITAL PAYMENT CUTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)), as amended by section 121 of subtitle B of title I of division B of
the Further Additional Continuing Appropriations and Other Extensions Act, 2024
(Public Law 118-35), is amended--
(1) in clause (i), by striking ``For the period beginning March 9,
2024, and ending September 30, 2024, and for each of fiscal years 2025''
and inserting ``For the period beginning January 1, 2025, and ending
September 30, 2025, and for each of fiscal years 2026''; and
(2) in clause (ii), by striking ``March 9, 2024, and ending
September 30, 2024, and for each of fiscal years 2025'' and inserting
``January 1, 2025, and ending September 30, 2025, and for each of fiscal
years 2026''.
SEC. 211. PROMOTING VALUE IN MEDICAID MANAGED CARE.
Section 1903(m)(9)(A) of the Social Security Act (42 U.S.C. 1396b(m)(9)(A))
is amended by striking ``(and before fiscal year 2024)''.
SEC. 212. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C. 1396w-
1(b)(3)(A)), as amended by section 122 of subtitle B of title I of division B of
the Further Additional Continuing Appropriations and Other Extensions Act, 2024
(Public Law 118-35), is further amended by striking ``$5,140,428,729'' and
inserting ``$0''.
Subtitle C--Medicare
SEC. 301. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, AND
SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)) is
amended--
(1) in the first sentence--
(A) by striking ``and $20,000,000'' and inserting
``$20,000,000''; and
(B) by inserting the following before the period at the end:
``, and $9,000,000 for the period beginning on October 1, 2023,
and ending on December 31, 2024''; and
(2) in the third sentence, by striking ``and 2023'' and inserting
``2023, and 2024 and the period beginning on October 1, 2024, and ending
on December 31, 2024''.
SEC. 302. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME PROGRAMS.
(a) State Health Insurance Assistance Programs.--Subsection (a)(1)(B) of
section 119 of the Medicare Improvements for Patients and Providers Act of 2008
(42 U.S.C. 1395b-3 note), as amended by section 3306 of the Patient Protection
and Affordable Care Act (Public Law 111-148), section 610 of the American
Taxpayer Relief Act of 2012 (Public Law 112-240), section 1110 of the Pathway
for SGR Reform Act of 2013 (Public Law 113-67), section 110 of the Protecting
Access to Medicare Act of 2014 (Public Law 113-93), section 208 of the Medicare
Access and CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207
of division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), section
1402 of division B of the Continuing Appropriations Act, 2020, and Health
Extenders Act of 2019 (Public Law 116-59), section 1402 of division B of the
Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of
2019 (Public Law 116-69), section 103 of division N of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94), section 3803 of the CARES Act
(Public Law 116-136), section 2203 of the Continuing Appropriations Act, 2021
and Other Extensions Act (Public Law 116-159), section 1102 of the Further
Continuing Appropriations Act, 2021, and Other Extensions Act (Public Law 116-
215), and section 103 of division CC of the Consolidated Appropriations Act,
2021 (Public Law 116-260), is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xiii) the following new clause:
``(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $18,750,000.''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section 119, as so
amended, is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xiii) the following new clause:
``(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $18,750,000.''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of such
section 119, as so amended, is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the comma at the end and inserting
``; and''; and
(3) by inserting after clause (xiii) the following new clause:
``(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $6,250,000.''.
(d) Coordination of Efforts to Inform Older Americans About Benefits
Available Under Federal and State Programs.--Subsection (d)(2) of such section
119, as so amended, is amended--
(1) in clause (xii), by striking ``and'' at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xiii) the following new clause:
``(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $18,750,000.''.
SEC. 303. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE MEDICARE
PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``March 9, 2024'' and inserting ``January 1,
2025''.
SEC. 304. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE ALTERNATIVE
PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act (42 U.S.C.
1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``with 2025'' and inserting ``with 2026'';
and
(B) by inserting ``, or, with respect to 2026, 1.88
percent'' after ``3.5 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the heading, by striking ``2025'' and
inserting ``2026''; and
(ii) in the matter preceding clause (i), by striking
``2025'' and inserting ``2026'';
(B) in subparagraph (C)--
(i) in the heading, by striking ``2026'' and
inserting ``2027''; and
(ii) in the matter preceding clause (i), by striking
``2026'' and inserting ``2027''; and
(C) in subparagraph (D), by striking ``and 2025'' and
inserting ``2025, and 2026''; and
(3) in paragraph (4)(B), by inserting ``, or, with respect to 2026,
1.88 percent'' after ``3.5 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the Social
Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), by striking ``2025'' and inserting ``2026'';
and
(2) in subclause (III), by striking ``2026'' and inserting ``2027''.
SEC. 305. TEMPORARY PAYMENT INCREASE UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE
TO ACCOUNT FOR EXCEPTIONAL CIRCUMSTANCES AND ATYPICAL TIMING OF
ENACTMENT.
Section 1848(t)(1) of the Social Security Act (42 U.S.C. 1395w-4(t)(1)) is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D)--
(A) by striking ``January 1, 2025'' and inserting ``March 9,
2024''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(E) such services furnished on or after March 9, 2024, and
before January 1, 2025, by 2.93 percent.''.
SEC. 306. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT FOR
CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security Act (42 U.S.C.
1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i), by
striking ``in fiscal year 2025 and subsequent fiscal years'' and
inserting ``during the portion of fiscal year 2025 beginning on January
1, 2025, and ending on September 30, 2025, and in fiscal year 2026 and
subsequent fiscal years'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I)--
(i) by inserting ``or portion of a fiscal year''
after ``for a fiscal year''; and
(ii) by inserting ``and the portion of fiscal year
2025 beginning on October 1, 2024, and ending on
December 31, 2024'' after ``through 2024'';
(B) in subclause (III), by inserting ``and the portion of
fiscal year 2025 beginning on October 1, 2024, and ending on
December 31, 2024'' after ``through 2024''; and
(C) in subclause (IV), by striking ``fiscal year 2025'' and
inserting ``the portion of fiscal year 2025 beginning on January
1, 2025, and ending on September 30, 2025, and fiscal year
2026''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by inserting ``or
during the portion of fiscal year 2025 beginning on October 1,
2024, and ending on December 31, 2024'' after ``through 2024'';
and
(B) in clause (ii), by inserting ``and the portion of fiscal
year 2025 beginning on October 1, 2024, and ending on December
31, 2024'' after ``through 2024''.
(b) Implementation.--Notwithstanding any other provision of law, the
Secretary of Health and Human Services may implement the provisions of,
including the amendments made by, this section by program instruction or
otherwise.
SEC. 307. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C.
1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``October 1, 2024'' and inserting
``January 1, 2025''; and
(2) in clause (ii)(II), by striking ``October 1, 2024'' and
inserting ``January 1, 2025''.
(b) Conforming Amendments.--
(1) Extension of target amount.--Section 1886(b)(3)(D) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``October 1, 2024'' and inserting ``January 1, 2025''; and
(B) in clause (iv), by inserting ``and the portion of fiscal
year 2025 beginning on October 1, 2024, and ending on December
31, 2024,'' after ``through fiscal year 2024''.
(2) Permitting hospitals to decline reclassification.--Section
13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C.
1395ww note) is amended by striking ``or fiscal year 2000'' and all that
follows through ``the Secretary'' and inserting ``fiscal year 2000
through fiscal year 2024, or the portion of fiscal year 2025 beginning
on October 1, 2024, and ending on December 31, 2024, the Secretary''.
SEC. 308. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT UNDER
MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C. 1395f(i)(2)(B))
is amended--
(1) in clause (ii), by striking ``2032'' and inserting ``2033''; and
(2) in clause (iii), by striking ``2032'' and inserting ``2033''.
SEC. 309. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is
amended by striking ``$2,197,795,056'' and inserting ``$0''.
Subtitle D--Human Services
SEC. 401. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
Activities authorized by part A of title IV (other than under section 403(c)
or 418) and section 1108(b) of the Social Security Act shall continue through
September 30, 2024, in the manner authorized for fiscal year 2023, and out of
any money in the Treasury of the United States not otherwise appropriated, there
are hereby appropriated such sums as may be necessary for such purpose.
SEC. 402. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
Activities authorized by part B of title IV of the Social Security Act shall
continue through December 31, 2024, in the manner authorized for fiscal year
2023, and out of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may be necessary for
such purpose.
SEC. 403. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710), as amended by
section 142 of subtitle D of title I of division B of the Further Additional
Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118-35), is
further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``and'' after ``January 19, 2024,'';
(ii) by inserting ``for the period beginning on
March 9, 2024, and ending on September 30, 2024, and for
the period beginning on October 1, 2024, and ending on
December 31, 2024,'' after ``March 8, 2024,''; and
(iii) by inserting ``or 2025'' after ``for fiscal
year 2024''; and
(B) in paragraph (2), by inserting ``or 2025'' after ``with
respect to fiscal year 2024'' each place it appears; and
(2) in subsection (f)(1)--
(A) by striking ``and'' before ``for the period beginning on
January 20, 2024,''; and
(B) by striking the period at the end and inserting ``, for
the period beginning on March 9, 2024, and ending on September
30, 2024, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year 2023,
and for the period beginning on October 1, 2024, and ending on
December 31, 2024, an amount equal to the pro rata portion of
the amount appropriated for the corresponding period for fiscal
year 2024.''.
SEC. 404. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713), as amended by
section 143 of subtitle D of title I of division B of the Further Additional
Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118-35), is
further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding clause
(i)--
(i) by striking ``and'' after ``January 19, 2024,'';
and
(ii) by inserting ``for the period beginning on
March 9, 2024, and ending on September 30, 2024, and for
the period beginning on October 1, 2024, and ending on
December 31, 2024,'' after ``March 8, 2024,''; and
(B) in subparagraph (B)(i)--
(i) by striking ``and'' after ``January 19, 2024,'';
and
(ii) by striking the period at the end and inserting
``, for the period beginning on March 9, 2024, and
ending on September 30, 2024, and for the period
beginning on October 1, 2024, and ending on December 31,
2024.'';
(2) in subsection (c)(3), by inserting ``or 2025'' after ``fiscal
year 2024''; and
(3) in subsection (f)--
(A) by striking ``and'' before ``for the period beginning on
January 20, 2024,''; and
(B) by striking ``fiscal year 2023.'' and inserting ``fiscal
year 2023, for the period beginning on March 9, 2024, and ending
on September 30, 2024, an amount equal to the pro rata portion
of the amount appropriated for the corresponding period for
fiscal year 2023, and for the period beginning on October 1,
2024, and ending on December 31, 2024, an amount equal to the
pro rata portion of the amount appropriated for the
corresponding period for fiscal year 2024.''.
SEC. 405. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C. 701(c)(1)(A)) is
amended--
(1) in clause (vi), by striking ``and'' after the semicolon;
(2) in clause (vii), by striking the period at the end and inserting
``; and''; and
(3) by inserting after clause (vii), the following new clause:
``(viii) $1,500,000 for the portion of fiscal year 2025 before
January 1, 2025.''.
TITLE II--AMENDING COMPACTS OF FREE ASSOCIATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Compact of Free Association Amendments Act
of 2024''.
SEC. 202. FINDINGS.
Congress finds the following:
(1) The United States (in accordance with the Trusteeship Agreement
for the Trust Territory of the Pacific Islands, the United Nations
Charter, and the objectives of the international trusteeship system of
the United Nations) fulfilled its obligations to promote the development
of the people of the Trust Territory toward self-government or
independence, as appropriate, to the particular circumstances of the
Trust Territory and the people of the Trust Territory and the freely
expressed wishes of the people concerned.
(2) The United States, the Federated States of Micronesia, and the
Republic of the Marshall Islands entered into the Compact of Free
Association set forth in section 201 of the Compact of Free Association
Act of 1985 (48 U.S.C. 1901 note; Public Law 99-239) and the United
States and the Republic of Palau entered into the Compact of Free
Association set forth in section 201 of Public Law 99-658 (48 U.S.C.
1931 note) to create and maintain a close and mutually beneficial
relationship.
(3) The ``Compact of Free Association, as amended, between the
Government of the United States of America and the Government of the
Federated States of Micronesia'', the ``Compact of Free Association, as
amended, between the Government of the United States of America and the
Government of the Republic of the Marshall Islands'', and related
agreements were signed by the Government of the United States and the
Governments of the Federated States of Micronesia and the Republic of
the Marshall Islands and approved, as applicable, by section 201 of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188).
(4) The ``Agreement between the Government of the United States of
America and the Government of the Republic of Palau Following the
Compact of Free Association Section 432 Review'', was signed by the
Government of the United States and the Government of the Republic of
Palau on September 3, 2010, and amended on September 19, 2018.
(5) On May 22, 2023, the United States signed the ``Agreement
between the Government of the United States of America and the
Government of the Republic of Palau Resulting From the 2023 Compact of
Free Association Section 432 Review''.
(6) On May 23, 2023, the United States signed 3 agreements related
to the U.S.-FSM Compact of Free Association, including an Agreement to
Amend the Compact, as amended, a new fiscal procedures agreement, and a
new trust fund agreement and on September 28, 2023, the United States
signed a Federal Programs and Services agreement related to the U.S.-FSM
Compact of Free Association.
(7) On October 16, 2023, the United States signed 3 agreements
relating to the U.S.-RMI Compact of Free Association, including an
Agreement to Amend the Compact, as amended, a new fiscal procedures
agreement, and a new trust fund agreement.
SEC. 203. DEFINITIONS.
In this title:
(1) 1986 compact.--The term ``1986 Compact'' means the Compact of
Free Association between the Government of the United States and the
Governments of the Marshall Islands and the Federated States of
Micronesia set forth in section 201 of the Compact of Free Association
Act of 1985 (48 U.S.C. 1901 note; Public Law 99-239).
(2) 2003 amended u.s.-fsm compact.--The term ``2003 Amended U.S.-FSM
Compact'' means the Compact of Free Association amending the 1986
Compact entitled the ``Compact of Free Association, as amended, between
the Government of the United States of America and the Government of the
Federated States of Micronesia'' set forth in section 201(a) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188).
(3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended U.S.-RMI
Compact'' means the Compact of Free Association amending the 1986
Compact entitled ``Compact of Free Association, as amended, between the
Government of the United States of America and the Government of the
Republic of the Marshall Islands'' set forth in section 201(b) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188).
(4) 2023 agreement to amend the u.s.-fsm compact.--The term ``2023
Agreement to Amend the U.S.-FSM Compact'' means the Agreement between
the Government of the United States of America and the Government of the
Federated States of Micronesia to Amend the Compact of Free Association,
as Amended, done at Palikir May 23, 2023.
(5) 2023 agreement to amend the u.s.-rmi compact.--The term ``2023
Agreement to Amend the U.S.-RMI Compact'' means the Agreement between
the Government of the United States of America and the Government of the
Republic of the Marshall Islands to Amend the Compact of Free
Association, as Amended, done at Honolulu October 16, 2023.
(6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended U.S.-FSM
Compact'' means the 2003 Amended U.S.-FSM Compact, as amended by the
2023 Agreement to Amend the U.S.-FSM Compact.
(7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended U.S.-RMI
Compact'' means the 2003 Amended U.S.-RMI Compact, as amended by the
2023 Agreement to Amend the U.S.-RMI Compact.
(8) 2023 u.s.-fsm federal programs and services agreement.--The term
``2023 U.S.-FSM Federal Programs and Services Agreement'' means the 2023
Federal Programs and Services Agreement between the Government of the
United States of America and the Government of the Federated States of
Micronesia, done at Washington September 28, 2023.
(9) 2023 u.s.-fsm fiscal procedures agreement.--The term ``2023
U.S.-FSM Fiscal Procedures Agreement'' means the Agreement Concerning
Procedures for the Implementation of United States Economic Assistance
provided in the 2023 Amended U.S.-FSM Compact between the Government of
the United States of America and the Government of the Federated States
of Micronesia, done at Palikir May 23, 2023.
(10) 2023 u.s.-fsm trust fund agreement.--The term ``2023 U.S.-FSM
Trust Fund Agreement'' means the Agreement between the Government of the
United States of America and the Government of the Federated States of
Micronesia Regarding the Compact Trust Fund, done at Palikir May 23,
2023.
(11) 2023 u.s.-palau compact review agreement.--The term ``2023
U.S.-Palau Compact Review Agreement'' means the Agreement between the
Government of the United States of America and the Government of the
Republic of Palau Resulting From the 2023 Compact of Free Association
Section 432 Review, done at Port Moresby May 22, 2023.
(12) 2023 u.s.-rmi fiscal procedures agreement.--The term ``2023
U.S.-RMI Fiscal Procedures Agreement'' means the Agreement Concerning
Procedures for the Implementation of United States Economic Assistance
Provided in the 2023 Amended Compact Between the Government of the
United States of America and the Government of the Republic of the
Marshall Islands, done at Honolulu October 16, 2023.
(13) 2023 u.s.-rmi trust fund agreement.--The term ``2023 U.S.-RMI
Trust Fund Agreement'' means the Agreement between the Government of the
United States of America and the Government of the Republic of the
Marshall Islands Regarding the Compact Trust Fund, done at Honolulu
October 16, 2023.
(14) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Natural Resources of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(15) Freely associated states.--The term ``Freely Associated
States'' means--
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(16) Subsidiary agreement.--The term ``subsidiary agreement'' means
any of the following:
(A) The 2023 U.S.-FSM Federal Programs and Services
Agreement.
(B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
(C) The 2023 U.S.-FSM Trust Fund Agreement.
(D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
(E) The 2023 U.S.-RMI Trust Fund Agreement.
(F) Any Federal Programs and Services Agreement in force
between the United States and the Republic of the Marshall
Islands.
(G) Any Federal Programs and Services Agreement in force
between the United States and the Republic of Palau.
(H) Any other agreement that the United States may from
time-to-time enter into with the Government of the Federated
States of Micronesia, the Government of the Republic of Palau,
or the Government of the Republic of the Marshall Islands, in
accordance with--
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 U.S.-Palau Compact Review Agreement;
or
(iii) the 2023 Amended U.S.-RMI Compact.
(17) U.S.-palau compact.--The term ``U.S.-Palau Compact'' means the
Compact of Free Association between the United States and the Government
of Palau set forth in section 201 of Public Law 99-658 (48 U.S.C. 1931
note).
SEC. 204. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM COMPACT, 2023
AGREEMENT TO AMEND THE U.S.-RMI COMPACT, 2023 U.S.-PALAU COMPACT
REVIEW AGREEMENT, AND SUBSIDIARY AGREEMENTS.
(a) Federated States of Micronesia.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-FSM Compact and
the 2023 U.S.-FSM Trust Fund Agreement, as submitted to Congress on June
15, 2023, are approved and incorporated by reference.
(2) Consent of congress.--Congress consents to--
(A) the 2023 U.S.-FSM Fiscal Procedures Agreement, as
submitted to Congress on June 15, 2023; and
(B) the 2023 U.S.-FSM Federal Programs and Services
Agreement.
(3) Authority of president.--Notwithstanding section 101(f) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921(f)),
the President is authorized to bring into force and implement the
agreements described in paragraphs (1) and (2).
(b) Republic of the Marshall Islands.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-RMI Compact and
the 2023 U.S.-RMI Trust Fund Agreement, as submitted to Congress on
October 17, 2023, are approved and incorporated by reference.
(2) Consent of congress.--Congress consents to the 2023 U.S.-RMI
Fiscal Procedures Agreement, as submitted to Congress on October 17,
2023.
(3) Authority of president.--Notwithstanding section 101(f) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921(f)),
the President is authorized to bring into force and implement the
agreements described in paragraphs (1) and (2).
(c) Republic of Palau.--
(1) Approval.--The 2023 U.S.-Palau Compact Review Agreement, as
submitted to Congress on June 15, 2023, is approved.
(2) Authority of president.--The President is authorized to bring
into force and implement the 2023 U.S.-Palau Compact Review Agreement.
(d) Amendments, Changes, or Termination to Compacts and Certain
Agreements.--
(1) In general.--Any amendment to, change to, or termination of all
or any part of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI
Compact, or the U.S.-Palau Compact, by mutual agreement or unilateral
action of the Government of the United States, shall not enter into
force until the date on which Congress has incorporated the applicable
amendment, change, or termination into an Act of Congress.
(2) Additional actions and agreements.--In addition to the Compacts
described in paragraph (1), the requirements of that paragraph shall
apply to--
(A) any action of the Government of the United States under
the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI
Compact, or U.S.-Palau Compact, including an action taken
pursuant to section 431, 441, or 442 of the 2023 Amended U.S.-
FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-Palau
Compact; and
(B) any amendment to, change to, or termination of--
(i) the agreement described in section 462(a)(2) of
the 2023 Amended U.S.-FSM Compact;
(ii) the agreement described in section 462(a)(5) of
the 2023 Amended U.S.-RMI Compact;
(iii) an agreement concluded pursuant to section 265
of the 2023 Amended U.S.-FSM Compact;
(iv) an agreement concluded pursuant to section 265
of the 2023 Amended U.S.-RMI Compact;
(v) an agreement concluded pursuant to section 177
of the 2023 Amended U.S.-RMI Compact;
(vi) Articles III and IV of the agreement described
in section 462(b)(6) of the 2023 Amended U.S.-FSM
Compact;
(vii) Articles III, IV, and X of the agreement
described in section 462(b)(6) of the 2023 Amended U.S.-
RMI Compact;
(viii) the agreement described in section 462(h) of
the U.S.-Palau Compact; and
(ix) Articles VI, XV, and XVII of the agreement
described in section 462(b)(7) of the 2023 Amended U.S.-
FSM Compact and 2023 Amended U.S.-RMI Compact and
section 462(i) of the U.S.-Palau Compact.
(e) Entry Into Force of Future Amendments to Subsidiary Agreements.--An
agreement between the United States and the Government of the Federated States
of Micronesia, the Government of the Republic of the Marshall Islands, or the
Government of the Republic of Palau that would amend, change, or terminate any
subsidiary agreement or portion of a subsidiary agreement (other than an
amendment to, change to, or termination of an agreement described in subsection
(d)) shall not enter into force until the date that is 90 days after the date on
which the President has transmitted to the President of the Senate and the
Speaker of the House of Representatives--
(1) the agreement to amend, change, or terminate the subsidiary
agreement;
(2) an explanation of the amendment, change, or termination;
(3) a description of the reasons for the amendment, change, or
termination; and
(4) in the case of an agreement that would amend, change, or
terminate any agreement described in section 462(b)(3) of the 2023
Amended U.S.-FSM Compact or the 2023 Amended U.S.-RMI Compact, a
statement by the Secretary of Labor that describes--
(A) the necessity of the amendment, change, or termination;
and
(B) any impacts of the amendment, change, or termination.
SEC. 205. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the 2023
Amended U.S.-FSM Compact, the United States shall provide
nonreimbursable technical and training assistance, as appropriate,
including training and equipment for postal inspection of illicit drugs
and other contraband, to enable the Government of the Federated States
of Micronesia--
(A) to develop and adequately enforce laws of the Federated
States of Micronesia; and
(B) to cooperate with the United States in the enforcement
of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant to
subsection (j) of section 105 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d) (as amended by section 209(j))
may be used in accordance with section 102(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921a(a)).
(b) United States Appointees to Joint Economic Management Committee.--
(1) In general.--The 3 United States appointees (which are composed
of the United States chair and 2 other members from the Government of
the United States) to the Joint Economic Management Committee
established under section 213 of the 2023 Amended U.S.-FSM Compact
(referred to in this subsection as the ``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 3 United States members of the Committee
described in paragraph (1) shall be appointed for a term of 2 years as
follows:
(A) 1 member shall be appointed by the Secretary of State,
in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary of the
Interior, in consultation with the Secretary of the Treasury.
(C) 1 member shall be appointed by the Interagency Group on
Freely Associated States established under section 208(d)(1).
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more than 2
additional 2-year terms.
(4) Qualifications.--Not fewer than 2 United States members of the
Committee appointed under paragraph (2) shall be individuals who--
(A) by reason of knowledge, experience, or training, are
especially qualified in accounting, auditing, budget analysis,
compliance, grant administration, program management, or
international economics; and
(B) possess not less than 5 years of full-time experience in
accounting, auditing, budget analysis, compliance, grant
administration, program management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United States member of the Committee under
paragraph (2), the Secretary of the Interior shall notify the
appropriate committees of Congress that an individual has been
appointed as a voting member of the Committee under that
paragraph, including a statement prepared by the Secretary of
the Interior attesting to the qualifications of the member
described in paragraph (4), subject to subparagraph (B).
(B) Requirement.--For purposes of a statement required under
subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior shall
compile information on the member provided to the
Secretary of the Interior by the Secretary of State on
request of the Secretary of the Interior; and
(ii) in the case of a member appointed under
paragraph (2)(C), the Secretary of the Interior shall
compile information on the member provided to the
Secretary of the Interior by the Interagency Group on
Freely Associated States established under section
208(d)(1) on request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the date on
which the Committee receives or completes any report required under the
2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the
Secretary of the Interior shall submit the report to the appropriate
committees of Congress.
(7) Notice to congress.--Not later than 90 days after the date on
which the Government of the Federated States of Micronesia submits to
the Committee a report required under the 2023 Amended U.S.-FSM Compact,
or any related subsidiary agreement, the Secretary of the Interior shall
submit to the appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(c) United States Appointees to Joint Trust Fund Committee.--
(1) In general.--The 3 United States voting members (which are
composed of the United States chair and 2 other members from the
Government of the United States) to the Joint Trust Fund Committee
established pursuant to the agreement described in section 462(b)(5) of
the 2023 Amended U.S.-FSM Compact (referred to in this subsection as the
``Committee'') shall continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 3 United States members of the Committee
described in paragraph (1) shall be appointed for a term not more than 2
years as follows:
(A) 1 member shall be appointed by the Secretary of State.
(B) 1 member shall be appointed by the Secretary of the
Interior.
(C) 1 member shall be appointed by the Secretary of the
Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more than 2
additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the Committee
appointed under paragraph (2) shall be individuals who--
(A) by reason of knowledge, experience, or training, are
especially qualified in accounting, auditing, budget analysis,
compliance, financial investment, grant administration, program
management, or international economics; and
(B) possess not less than 5 years of full-time experience in
accounting, auditing, budget analysis, compliance, financial
investment, grant administration, program management, or
international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United States member to the Committee under
paragraph (2), the Secretary of the Interior shall notify the
appropriate committees of Congress that an individual has been
appointed as a voting member of the Committee under that
paragraph, including a statement attesting to the qualifications
of the member described in paragraph (4), subject to
subparagraph (B).
(B) Requirement.--For purposes of a statement required under
subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior shall
compile information on the member provided to the
Secretary of the Interior by the Secretary of State on
request of the Secretary of the Interior; and
(ii) in the case of a member appointed under
paragraph (2)(C), the Secretary of the Interior shall
compile information on the member provided to the
Secretary of the Interior by the Secretary of the
Treasury on request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the date on
which the Committee receives or completes any report required under the
2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the
Secretary of the Interior shall submit the report to the appropriate
committees of Congress.
(7) Notice to congress.--Not later than 90 days after the date on
which the Government of the Federated States of Micronesia submits to
the Committee a report required under the 2023 Amended U.S.-FSM Compact,
or any related subsidiary agreement, the Secretary of the Interior shall
submit to the appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
SEC. 206. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC OF THE
MARSHALL ISLANDS.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the 2023
Amended U.S.-RMI Compact, the United States shall provide
nonreimbursable technical and training assistance, as appropriate,
including training and equipment for postal inspection of illicit drugs
and other contraband, to enable the Government of the Republic of the
Marshall Islands--
(A) to develop and adequately enforce laws of the Marshall
Islands; and
(B) to cooperate with the United States in the enforcement
of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant to
subsection (j) of section 105 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d) (as amended by section 209(j))
may be used in accordance with section 103(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(a)).
(b) Espousal Provisions.--
(1) In general.--Congress reaffirms that--
(A) section 103(g)(1) of the Compact of Free Association Act
of 1985 (48 U.S.C. 1903(g)(1)) and section 103(e)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(e)(1)) provided that ``It is the intention of the Congress
of the United States that the provisions of section 177 of the
Compact of Free Association and the Agreement between the
Government of the United States and the Government of the
Marshall Islands for the Implementation of Section 177 of the
Compact (hereafter in this subsection referred to as the
`Section 177 Agreement') constitute a full and final settlement
of all claims described in Articles X and XI of the Section 177
Agreement, and that any such claims be terminated and barred
except insofar as provided for in the Section 177 Agreement.'';
and
(B) section 103(g)(2) of the Compact of Free Association Act
of 1985 (48 U.S.C. 1903(g)(2)) and section 103(e)(2) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(e)(2)) provided that ``In furtherance of the intention of
Congress as stated in paragraph (1) of this subsection, the
Section 177 Agreement is hereby ratified and approved. It is the
explicit understanding and intent of Congress that the
jurisdictional limitations set forth in Article XII of such
Agreement are enacted solely and exclusively to accomplish the
objective of Article X of such Agreement and only as a
clarification of the effect of Article X, and are not to be
construed or implemented separately from Article X.''.
(2) Effect.--Nothing in the 2023 Agreement to Amend the U.S.-RMI
Compact affects the application of the provisions of law reaffirmed by
paragraph (1).
(c) Certain Section 177 Agreement Provisions.--Congress reaffirms that--
(1) Article IX of the Agreement Between the Government of the United
States and the Government of the Marshall Islands for the Implementation
of Section 177 of the Compact of Free Association, done at Majuro June
25, 1983, provided that ``If loss or damage to property and person of
the citizens of the Marshall Islands, resulting from the Nuclear Testing
Program, arises or is discovered after the effective date of this
Agreement, and such injuries were not and could not reasonably have been
identified as of the effective date of this Agreement, and if such
injuries render the provisions of this Agreement manifestly inadequate,
the Government of the Marshall Islands may request that the Government
of the United States provide for such injuries by submitting such a
request to the Congress of the United States for its consideration. It
is understood that this Article does not commit the Congress of the
United States to authorize and appropriate funds.''; and
(2) section 3(a) of Article XIII of the agreement described in
paragraph (1) provided that ``The Government of the United States and
the Government of the Marshall Islands shall consult at the request of
either of them on matters relating to the provisions of this
Agreement.''.
(d) United States Appointees to Joint Economic Management and Financial
Accountability Committee.--
(1) In general.--The 2 United States appointees (which are composed
of the United States chair and 1 other member from the Government of the
United States) to the Joint Economic Management and Financial
Accountability Committee established under section 214 of the 2003
Amended U.S.-RMI Compact (referred to in this subsection as the
``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 2 United States members of the Committee
described in paragraph (1) shall be appointed for a term of 2 years as
follows:
(A) 1 member shall be appointed by the Secretary of State,
in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary of the
Interior, in consultation with the Secretary of the Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more than 2
additional 2-year terms.
(4) Qualifications.--At least 1 United States member of the
Committee appointed under paragraph (2) shall be an individual who--
(A) by reason of knowledge, experience, or training, is
especially qualified in accounting, auditing, budget analysis,
compliance, grant administration, program management, or
international economics; and
(B) possesses not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance, grant
administration, program management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United States member under paragraph (2), the
Secretary of the Interior shall notify the appropriate
committees of Congress that an individual has been appointed as
a voting member of the Committee under that paragraph, including
a statement attesting to the qualifications of the member
described in paragraph (4), subject to subparagraph (B).
(B) Requirement.--For purposes of a statement required under
subparagraph (A), in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior shall compile
information on the member provided to the Secretary of the
Interior by the Secretary of State on request of the Secretary
of the Interior.
(6) Reports to congress.--Not later than 90 days after the date on
which the Committee receives or completes any report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the
Secretary of the Interior shall submit the report to the appropriate
committees of Congress.
(7) Notice to congress.--Not later than 90 days after the date on
which the Government of the Republic of the Marshall Islands submits to
the Committee a report required under the 2023 Amended U.S.-RMI Compact,
or any related subsidiary agreement, the Secretary of the Interior shall
submit to the appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(e) United States Appointees to Trust Fund Committee.--
(1) In general.--The 3 United States voting members (which are
composed of the United States chair and 2 other members from the
Government of the United States) to the Trust Fund Committee established
pursuant to the agreement described in section 462(b)(5) of the 2003
Amended U.S.-RMI Compact (referred to in this subsection as the
``Committee'') shall continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 3 United States members of the Committee
described in paragraph (1) shall be appointed for a term not more than 5
years as follows:
(A) 1 member shall be appointed by the Secretary of State.
(B) 1 member shall be appointed by the Secretary of the
Interior.
(C) 1 member shall be appointed by the Secretary of the
Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more than 2
additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the Committee
appointed under paragraph (2) shall be individuals who--
(A) by reason of knowledge, experience, or training, are
especially qualified in accounting, auditing, budget analysis,
compliance, financial investment, grant administration, program
management, or international economics; and
(B) possess not less than 5 years of full-time experience in
accounting, auditing, budget analysis, compliance, financial
investment, grant administration, program management, or
international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United States Member under paragraph (2), the
Secretary of the Interior shall notify the appropriate
committees of Congress that an individual has been appointed as
a voting member of the Committee under that paragraph, including
a statement attesting to the qualifications of the appointee
described in paragraph (4), subject to subparagraph (B).
(B) Requirement.--For purposes of a statement required under
subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior shall
compile information on the member provided to the
Secretary of the Interior by the Secretary of State on
request of the Secretary of the Interior; and
(ii) in the case of a member appointed under
paragraph (2)(C), the Secretary of the Interior shall
compile information on the member provided to the
Secretary of the Interior by the Secretary of the
Treasury on request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the date on
which the Committee receives or completes any report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the
Secretary of the Interior shall submit the report to the appropriate
committees of Congress.
(7) Notice to congress.--Not later than 90 days after the date on
which the Government of the Republic of the Marshall Islands submits to
the Committee a report required under the 2023 Amended U.S.-RMI Compact,
or any related subsidiary agreement, the Secretary of the Interior shall
submit to the appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(f) Four Atoll Health Care Program.--Congress reaffirms that--
(1) section 103(j)(1) of the Compact of Free Association Act of 1985
(48 U.S.C. 1903(j)(1)) and section 103(h)(1) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(h)(1)) provided that
services ``provided by the United States Public Health Service or any
other United States agency pursuant to section 1(a) of Article II of the
Agreement for the Implementation of Section 177 of the Compact
(hereafter in this subsection referred to as the `Section 177
Agreement') shall be only for services to the people of the Atolls of
Bikini, Enewetak, Rongelap, and Utrik who were affected by the
consequences of the United States nuclear testing program, pursuant to
the program described in Public Law 95-134 and Public Law 96-205 and
their descendants (and any other persons identified as having been so
affected if such identification occurs in the manner described in such
public laws). Nothing in this subsection shall be construed as
prejudicial to the views or policies of the Government of the Marshall
Islands as to the persons affected by the consequences of the United
States nuclear testing program.'';
(2) section 103(j)(2) of the Compact of Free Association Act of 1985
(48 U.S.C. 1903(j)(2)) and section 103(h)(2) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(h)(2)) provided that
``at the end of the first year after the effective date of the Compact
and at the end of each year thereafter, the providing agency or agencies
shall return to the Government of the Marshall Islands any unexpended
funds to be returned to the Fund Manager (as described in Article I of
the Section 177 Agreement) to be covered into the Fund to be available
for future use.''; and
(3) section 103(j)(3) of the Compact of Free Association Act of 1985
(48 U.S.C. 1903(j)(3)) and section 103(h)(3) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(h)(3)) provided that
``the Fund Manager shall retain the funds returned by the Government of
the Marshall Islands pursuant to paragraph (2) of this subsection, shall
invest and manage such funds, and at the end of 15 years after the
effective date of the Compact, shall make from the total amount so
retained and the proceeds thereof annual disbursements sufficient to
continue to make payments for the provision of health services as
specified in paragraph (1) of this subsection to such extent as may be
provided in contracts between the Government of the Marshall Islands and
appropriate United States providers of such health services.''.
(g) Radiological Health Care Program.--Notwithstanding any other provision
of law, on the request of the Government of the Republic of the Marshall
Islands, the President (through an appropriate department or agency of the
United States) shall continue to provide special medical care and logistical
support for the remaining members of the population of Rongelap and Utrik who
were exposed to radiation resulting from the 1954 United States thermonuclear
``Bravo'' test, pursuant to Public Law 95-134 (91 Stat. 1159) and Public Law 96-
205 (94 Stat. 84).
(h) Agricultural and Food Programs.--
(1) In general.--Congress reaffirms that--
(A) section 103(h)(2) of the Compact of Free Association Act
of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(A) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(f)(2)(A)) provided that notwithstanding ``any other
provision of law, upon the request of the Government of the
Marshall Islands, for the first fifteen years after the
effective date of the Compact, the President (either through an
appropriate department or agency of the United States or by
contract with a United States firm or by a grant to the
Government of the Republic of the Marshall Islands which may
further contract only with a United States firm or a Republic of
the Marshall Islands firm, the owners, officers and majority of
the employees of which are citizens of the United States or the
Republic of the Marshall Islands) shall provide technical and
other assistance without reimbursement, to continue the planting
and agricultural maintenance program on Enewetak; without
reimbursement, to continue the food programs of the Bikini,
Rongelap, Utrik, and Enewetak people described in section 1(d)
of Article II of the Subsidiary Agreement for the Implementation
of Section 177 of the Compact and for continued waterborne
transportation of agricultural products to Enewetak including
operations and maintenance of the vessel used for such
purposes.'';
(B) section 103(h)(2) of the Compact of Free Association Act
of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(B) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(f)(2)(B)) provided that ``The President shall ensure the
assistance provided under these programs reflects the changes in
the population since the inception of such programs.''; and
(C) section 103(h)(3) of the Compact of Free Association Act
of 1985 (48 U.S.C. 1903(h)(3)) and section 103(f)(3) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(f)(3)) provided that ``payments under this subsection
shall be provided to such extent or in such amounts as are
necessary for services and other assistance provided pursuant to
this subsection. It is the sense of Congress that after the
periods of time specified in paragraphs (1) and (2) of this
subsection, consideration will be given to such additional
funding for these programs as may be necessary.''.
(2) Planting and agricultural maintenance program.--The Secretary of
the Interior may provide grants to the Government of the Republic of the
Marshall Islands to carry out a planting and agricultural maintenance
program on Bikini, Enewetak, Rongelap, and Utrik.
(3) Food programs.--The Secretary of Agriculture may provide,
without reimbursement, food programs to the people of the Republic of
the Marshall Islands.
SEC. 207. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC OF PALAU.
(a) Bilateral Economic Consultations.--United States participation in the
annual economic consultations referred to in Article 8 of the 2023 U.S.-Palau
Compact Review Agreement shall be by officers or employees of the Federal
Government.
(b) Economic Advisory Group.--
(1) Qualifications.--A member of the Economic Advisory Group
described in Article 7 of the 2023 U.S.-Palau Compact Review Agreement
(referred to in this subsection as the ``Advisory Group'') who is
appointed by the Secretary of the Interior shall be an individual who,
by reason of knowledge, experience, or training, is especially qualified
in private sector business development, economic development, or
national development.
(2) Funds.--With respect to the Advisory Group, the Secretary of the
Interior may use available funds for--
(A) the costs of the 2 members of the Advisory Group
designated by the United States in accordance with Article 7 of
the 2023 U.S.-Palau Compact Review Agreement;
(B) 50 percent of the costs of the 5th member of the
Advisory Group designated by the Secretary of the Interior in
accordance with the Article described in subparagraph (A); and
(C) the costs of--
(i) technical and administrative assistance for the
Advisory Group; and
(ii) other support necessary for the Advisory Group
to accomplish the purpose of the Advisory Group.
(3) Reports to congress.--Not later than 90 days after the date on
which the Advisory Group receives or completes any report required under
the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary
agreement, the Secretary of the Interior shall submit the report to the
appropriate committees of Congress.
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after the date on which the
Government of the Republic of Palau completes any report required under
the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary
agreement, the Secretary of the Interior shall submit the report to the
appropriate committees of Congress.
(2) Notice to congress.--Not later than 90 days after the date on
which the Government of the Republic of Palau submits a report required
under the 2023 U.S.-Palau Compact Review Agreement, or any related
subsidiary agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
SEC. 208. OVERSIGHT PROVISIONS.
(a) Authorities and Duties of the Comptroller General of the United
States.--
(1) In general.--The Comptroller General of the United States
(including any duly authorized representative of the Comptroller General
of the United States) shall have the authorities necessary to carry out
the responsibilities of the Comptroller General of the United States
under--
(A) the 2023 Amended U.S.-FSM Compact and related subsidiary
agreements, including the authorities and privileges described
in section 102(b) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921a(b));
(B) the 2023 Amended U.S.-RMI Compact and related subsidiary
agreements, including the authorities and privileges described
in section 103(k) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921b(k)); and
(C) the 2023 U.S.-Palau Compact Review Agreement, related
subsidiary agreements, and the authorities described in appendix
D of the ``Agreement between the Government of the United States
of America and the Government of the Republic of Palau Following
the Compact of Free Association Section 432 Review'' signed by
the United States and the Republic of Palau on September 3,
2010.
(2) Reports.--Not later than 18 months after the date of the
enactment of this Act, and every 4 years thereafter, the Comptroller
General of the United States shall submit to the appropriate committees
of Congress a report with respect to the Freely Associated States,
including addressing--
(A) the topics described in subparagraphs (A) through (E) of
section 104(h)(1) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921c(h)(1)), except that for purposes of
a report submitted under this paragraph, the report shall
address those topics with respect to each of the Freely
Associated States; and
(B) the effectiveness of administrative oversight by the
United States of the Freely Associated States.
(b) Secretary of the Interior Oversight Authority.--The Secretary of the
Interior shall have the authority necessary to fulfill the responsibilities for
monitoring and managing the funds appropriated to the Compact of Free
Association account of the Department of the Interior by section 211(a) to carry
out--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; and
(4) subsidiary agreements.
(c) Postmaster General Oversight Authority.--The Postmaster General shall
have the authority necessary to fulfill the responsibilities for monitoring and
managing the funds appropriated to the United States Postal Service under
paragraph (1) of section 211(b) and deposited in the Postal Service Fund under
paragraph (2)(A) of that section to carry out--
(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(3) section 221(a)(2) of the U.S.-Palau Compact; and
(4) Article 6(a) of the 2023 U.S.-Palau Compact Review Agreement.
(d) Interagency Group on Freely Associated States.--
(1) Establishment.--The President, in consultation with the
Secretary of State, the Secretary of the Interior, and the Secretary of
Defense, shall establish an Interagency Group on Freely Associated
States (referred to in this subsection as the ``Interagency Group'').
(2) Purpose.--The purposes of the Interagency Group are--
(A) to coordinate development and implementation of
executive branch policies, programs, services, and other
activities in or relating to the Freely Associated States; and
(B) to provide policy guidance, recommendations, and
oversight to Federal agencies, departments, and
instrumentalities with respect to the implementation of--
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 Amended U.S.-RMI Compact; and
(iii) the 2023 U.S.-Palau Compact Review Agreement.
(3) Membership.--The Interagency Group shall consist of--
(A) the Secretary of State, who shall serve as co-chair of
the Interagency Group;
(B) the Secretary of the Interior, who shall serve as co-
chair of the Interagency Group;
(C) the Secretary of Defense;
(D) the Secretary of the Treasury;
(E) the heads of relevant Federal agencies, departments, and
instrumentalities carrying out obligations under--
(i) sections 131 and 132 of the 2003 Amended U.S.-
FSM Compact and subsections (a) and (b) of section 221
and section 261 of the 2023 Amended U.S.-FSM Compact;
(ii) sections 131 and 132 of the 2003 Amended U.S.-
RMI Compact and subsections (a) and (b) of section 221
and section 261 of the 2023 Amended U.S.-RMI Compact;
(iii) sections 131 and 132 and subsections (a) and
(b) of section 221 of the U.S.-Palau Compact;
(iv) Article 6 of the 2023 U.S.-Palau Compact Review
Agreement;
(v) any applicable subsidiary agreement; and
(vi) section 209; and
(F) the head of any other Federal agency, department, or
instrumentality that the Secretary of State or the Secretary of
the Interior may designate.
(4) Duties of secretary of state and secretary of the interior.--The
Secretary of State (or a senior official designee of the Secretary of
State) and the Secretary of the Interior (or a senior official designee
of the Secretary of the Interior) shall--
(A) co-lead and preside at a meeting of the Interagency
Group not less frequently than annually;
(B) determine, in consultation with the Secretary of
Defense, the agenda for meetings of the Interagency Group; and
(C) facilitate and coordinate the work of the Interagency
Group.
(5) Duties of the interagency group.--The Interagency Group shall--
(A) provide advice on the establishment or implementation of
policies relating to the Freely Associated States to the
President, acting through the Office of Intergovernmental
Affairs, in the form of a written report not less frequently
than annually;
(B) obtain information and advice relating to the Freely
Associated States from the Presidents, other elected officials,
and members of civil society of the Freely Associated States,
including through the members of the Interagency Group
(including senior official designees of the members) meeting not
less frequently than annually with any Presidents of the Freely
Associated States who elect to participate;
(C) at the request of the head of any Federal agency (or a
senior official designee of the head of a Federal agency) who is
a member of the Interagency Group, promptly review and provide
advice on a policy or policy implementation action affecting 1
or more of the Freely Associated States proposed by the Federal
agency, department, or instrumentality; and
(D) facilitate coordination of relevant policies, programs,
initiatives, and activities involving 1 or more of the Freely
Associated States, including ensuring coherence and avoiding
duplication between programs, initiatives, and activities
conducted pursuant to a Compact with a Freely Associated State
and non-Compact programs, initiatives, and activities.
(6) Reports.--Not later than 1 year after the date of the enactment
of this Act and each year thereafter in which a Compact of Free
Association with a Freely Associated State is in effect, the President
shall submit to the majority leader and minority leader of the Senate,
the Speaker and minority leader of the House of Representatives, and the
appropriate committees of Congress a report that describes the
activities and recommendations of the Interagency Group during the
applicable year.
(e) Federal Agency Coordination.--The head of any Federal agency providing
programs and services to the Federated States of Micronesia, the Republic of the
Marshall Islands, or the Republic of Palau shall coordinate with the Secretary
of the Interior and the Secretary of State regarding the provision of the
programs and services.
(f) Foreign Loans or Debt.--Congress reaffirms that--
(1) the foreign loans or debt of the Government of the Federated
States of Micronesia, the Government of the Republic of the Marshall
Islands, or the Government of the Republic of Palau shall not constitute
an obligation of the United States; and
(2) the full faith and credit of the United States Government shall
not be pledged for the payment and performance of any foreign loan or
debt referred to in paragraph (1) without specific further
authorization.
(g) Compact Compilation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall submit a report to
the appropriate committees of Congress that includes a compilation of the
Compact of Free Association with the Federated State of Micronesia, the Compact
of Free Association with the Republic of Palau, and the Compact of Free
Association with Republic of the Marshall Islands.
(h) Publication; Revision by Office of the Law Revision Counsel.--
(1) Publication.--In publishing this title in slip form and in the
United States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end an appendix setting forth the text
of--
(A) the 2023 Agreement to Amend the U.S.-FSM Compact; and
(B) the 2023 Agreement to Amend the U.S.-RMI Compact.
(2) Revision by office of the law revision counsel.--The Office of
the Law Revision Counsel is directed to revise--
(A) the 2003 Amended U.S.-FSM Compact set forth in the note
following section 1921 of title 48, United States Code, to
reflect the amendments to the 2003 Amended U.S.-FSM Compact made
by the 2023 Agreement to Amend the U.S.-FSM Compact; and
(B) the 2003 Amended U.S.-RMI Compact set forth in the note
following section 1921 of title 48, United States Code, to
reflect the amendments to the 2003 Amended U.S.-RMI Compact made
by the 2023 Agreement to Amend the U.S.-RMI Compact.
SEC. 209. UNITED STATES POLICY REGARDING THE FREELY ASSOCIATED STATES.
(a) Authorization for Veterans' Services.--
(1) Definition of freely associated states.--In this subsection, the
term ``Freely Associated States'' means--
(A) the Federated States of Micronesia, during such time as
it is a party to the Compact of Free Association set forth in
section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during such time
as it is a party to the Compact of Free Association set forth in
section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it is a party
to the Compact of Free Association between the United States and
the Government of Palau set forth in section 201 of Joint
Resolution entitled ``Joint Resolution to approve the `Compact
of Free Association' between the United States and the
Government of Palau, and for other purposes'' (Public Law 99-
658; 48 U.S.C. 1931 note).
(2) Hospital care, medical services, and nursing home care abroad.--
Section 1724 of title 38, United States Code, is amended--
(A) in subsection (a), by striking ``subsections (b) and
(c)'' and inserting ``subsections (b), (c), and (f)''; and
(B) by adding at the end the following:
``(f)(1)(A) The Secretary may furnish hospital care and medical services in
the Freely Associated States, subject to agreements the Secretary shall enter
into with the governments of the Freely Associated States as described in
section 209(a)(4)(A) of the Compact of Free Association Amendments Act of 2024,
and subject to subparagraph (B), to a veteran who is otherwise eligible to
receive hospital care and medical services.
``(B) The agreements described in subparagraph (A) shall incorporate, to the
extent practicable, the applicable laws of the Freely Associated States and
define the care and services that can be legally provided by the Secretary in
the Freely Associated States.
``(2) In furnishing hospital care and medical services under paragraph (1),
the Secretary may furnish hospital care and medical services through--
``(A) contracts or other agreements;
``(B) reimbursement; or
``(C) the direct provision of care by health care personnel of the
Department.
``(3) In furnishing hospital care and medical services under paragraph (1),
the Secretary may furnish hospital care and medical services for any condition
regardless of whether the condition is connected to the service of the veteran
in the Armed Forces.
``(4)(A) A veteran who has received hospital care or medical services in a
country pursuant to this subsection shall remain eligible, to the extent
determined advisable and practicable by the Secretary, for hospital care or
medical services in that country regardless of whether the country continues to
qualify as a Freely Associated State for purposes of this subsection.
``(B) If the Secretary determines it is no longer advisable or practicable
to allow veterans described in subparagraph (A) to remain eligible for hospital
care or medical services pursuant to such subparagraph, the Secretary shall--
``(i) provide direct notice of that determination to such veterans;
and
``(ii) publish that determination and the reasons for that
determination in the Federal Register.
``(5) In this subsection, the term `Freely Associated States' means--
``(A) the Federated States of Micronesia, during such time as it is
a party to the Compact of Free Association set forth in section 201 of
the Compact of Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such time as it
is a party to the Compact of Free Association set forth in section 201
of the Compact of Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a party to
the Compact of Free Association between the United States and the
Government of Palau set forth in section 201 of Joint Resolution
entitled `Joint Resolution to approve the ``Compact of Free
Association'' between the United States and the Government of Palau, and
for other purposes' (Public Law 99-658; 48 U.S.C. 1931 note).''.
(3) Beneficiary travel.--Section 111 of title 38, United States
Code, is amended by adding at the end the following:
``(h)(1) Notwithstanding any other provision of law, the Secretary may make
payments to or for any person traveling in, to, or from the Freely Associated
States for receipt of care or services authorized to be legally provided by the
Secretary in the Freely Associated States under section 1724(f)(1) of this
title.
``(2) A person who has received payment for travel in a country pursuant to
this subsection shall remain eligible for payment for such travel in that
country regardless of whether the country continues to qualify as a Freely
Associated State for purposes of this subsection.
``(3) The Secretary shall prescribe regulations to carry out this
subsection.
``(4) In this subsection, the term `Freely Associated States' means--
``(A) the Federated States of Micronesia, during such time as it is
a party to the Compact of Free Association set forth in section 201 of
the Compact of Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such time as it
is a party to the Compact of Free Association set forth in section 201
of the Compact of Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a party to
the Compact of Free Association between the United States and the
Government of Palau set forth in section 201 of Joint Resolution
entitled `Joint Resolution to approve the ``Compact of Free
Association'' between the United States and the Government of Palau, and
for other purposes' (Public Law 99-658; 48 U.S.C. 1931 note).''.
(4) Legal issues.--
(A) Agreements to furnish care and services.--
(i) In general.--Before delivering hospital care or
medical services under subsection (f) of section 1724 of
title 38, United States Code, as added by paragraph
(2)(B), the Secretary of Veterans Affairs, in
consultation with the Secretary of State, shall enter
into agreements with the governments of the Freely
Associated States to--
(I) facilitate the furnishing of health
services, including telehealth, under the laws
administered by the Secretary of Veterans
Affairs to veterans in the Freely Associated
States, such as by addressing--
(aa) licensure, certification,
registration, and tort issues relating
to health care personnel;
(bb) the scope of health services
the Secretary may furnish, as well as
the means for furnishing such services;
and
(cc) matters relating to delivery of
pharmaceutical products and medical
surgical products, including delivery of
such products through the Consolidated
Mail Outpatient Pharmacy of the
Department of Veterans Affairs, to the
Freely Associated States;
(II) clarify the authority of the Secretary
of Veterans Affairs to pay for tort claims as
set forth under subparagraph (C); and
(III) clarify authority and responsibility
on any other matters determined relevant by the
Secretary of Veterans Affairs or the governments
of the Freely Associated States.
(ii) Scope of agreements.--The agreements described
in clause (i) shall incorporate, to the extent
practicable, the applicable laws of the Freely
Associated States and define the care and services that
can be legally provided by the Secretary of Veterans
Affairs in the Freely Associated States.
(iii) Report to congress.--
(I) In general.--Not later than 90 days
after entering into an agreement described in
clause (i), the Secretary of Veterans Affairs
shall submit the agreement to the appropriate
committees of Congress.
(II) Appropriate committees of congress
defined.--In this clause, the term ``appropriate
committees of Congress'' means--
(aa) the Committee on Energy and
Natural Resources, the Committee on
Foreign Relations, and the Committee on
Veterans' Affairs of the Senate; and
(bb) the Committee on Natural
Resources, the Committee on Foreign
Affairs, and the Committee on Veterans'
Affairs of the House of Representatives.
(B) Licensure of health care professionals providing
treatment via telemedicine in the freely associated states.--
Section 1730C(a) of title 38, United States Code, is amended by
striking ``any State'' and inserting ``any State or any of the
Freely Associated States (as defined in section 1724(f) of this
title)''.
(C) Payment of claims.--The Secretary of Veterans Affairs
may pay tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when
such claims arise in the Freely Associated States in connection
with furnishing hospital care or medical services or providing
medical consultation or medical advice to a veteran under the
laws administered by the Secretary, including through a remote
or telehealth program.
(5) Outreach and assessment of options.--During the 1-year period
beginning on the date of enactment of this Act, the Secretary of
Veterans Affairs shall, subject to the availability of appropriations--
(A) conduct robust outreach to, and engage with, each
government of the Freely Associated States;
(B) assess options for the delivery of care through the use
of authorities provided pursuant to the amendments made by this
subsection; and
(C) increase staffing as necessary to conduct outreach under
subparagraph (A).
(b) Authorization of Education Programs.--
(1) Eligibility.--For fiscal year 2024 and each fiscal year
thereafter, the Government of the United States shall--
(A) continue to make available to the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau, grants for services to individuals eligible
for such services under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.) to the
extent that those services continue to be available to
individuals in the United States;
(B) continue to make available to the Federated States of
Micronesia and the Republic of the Marshall Islands and make
available to the Republic of Palau, competitive grants under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), and part D of the Individuals
with Disabilities Education Act (20 U.S.C. 1450 et seq.), to the
extent that those grants continue to be available to State and
local governments in the United States;
(C) continue to make grants available to the Republic of
Palau under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.), the Adult
Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.);
(D) continue to make available to eligible institutions of
higher education in the Republic of Palau and make available to
eligible institutions of higher education in the Federated
States of Micronesia and the Republic of the Marshall Islands
and to students enrolled in those institutions of higher
education, and to students who are citizens of the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau and enrolled in institutions of higher
education in the United States and territories of the United
States, grants under--
(i) subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a et seq.);
(ii) subpart 3 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b et seq.); and
(iii) part C of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087-51 et seq.);
(E) require, as a condition of eligibility for a public
institution of higher education in any State (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) that is not a Freely Associated State to participate in
or receive funds under any program under title IV of such Act
(20 U.S.C. 1070 et seq.), that the institution charge students
who are citizens of the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of Palau
tuition for attendance at a rate that is not greater than the
rate charged for residents of the State in which such public
institution of higher education is located; and
(F) continue to make available, to eligible institutions of
higher education, secondary schools, and nonprofit organizations
in the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau, competitive grants
under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(2) Other formula grants.--Except as provided in paragraph (1), the
Secretary of Education shall not make a grant under any formula grant
program administered by the Department of Education to the Federated
States of Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau.
(3) Grants to the freely associated states under part b of the
individuals with disabilities education act.--Section 611(b)(1) of the
Individuals with Disabilities Education Act (20 U.S.C. 1411(b)(1)) is
amended by striking subparagraph (A) and inserting the following:
``(A) Funds reserved.--From the amount appropriated for any
fiscal year under subsection (i), the Secretary shall reserve
not more than 1 percent, which shall be used as follows:
``(i) To provide assistance to the outlying areas in
accordance with their respective populations of
individuals aged 3 through 21.
``(ii)(I) To provide each freely associated State a
grant so that no freely associated State receives a
lesser share of the total funds reserved for the freely
associated State than the freely associated State
received of those funds for fiscal year 2023.
``(II) Each freely associated State shall establish its
eligibility under this subparagraph consistent with the
requirements for a State under section 612.
``(III) The funds provided to each freely associated State
under this part may be used to provide, to each infant or
toddler with a disability (as defined in section 632), either a
free appropriate public education, consistent with section 612,
or early intervention services consistent with part C,
notwithstanding the application and eligibility requirements of
sections 634(2), 635, and 637.''.
(4) Technical amendments to the elementary and secondary education
act of 1965.--The Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) is amended--
(A) by striking subparagraph (A) of section 1121(b)(1) (20
U.S.C. 6331(b)(1)) and inserting the following:
``(A) first reserve $1,000,000 for the Republic of Palau,
subject to such terms and conditions as the Secretary may
establish, except that Public Law 95-134, permitting the
consolidation of grants, shall not apply; and''; and
(B) in section 8101 (20 U.S.C. 7801), by amending paragraph
(36) to read as follows:
``(36) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the United States Virgin Islands; and
``(B) for the purpose of any discretionary grant program
under this Act, includes the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau,
to the extent that any such grant program continues to be
available to State and local governments in the United
States.''.
(5) Technical amendment to the compact of free association
amendments act of 2003.--Section 105(f)(1)(B) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended
by striking clause (ix).
(6) Head start programs.--
(A) Definitions.--Section 637 of the Head Start Act (42
U.S.C. 9832) is amended, in the paragraph defining the term
``State'', by striking the second sentence and inserting ``The
term `State' includes the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.''.
(B) Allotment of funds.--Section 640(a)(2)(B) of the Head
Start Act (42 U.S.C. 9835(a)(2)(B)) is amended--
(i) in clause (iv), by inserting ``the Republic of
Palau,'' before ``and the Virgin Islands''; and
(ii) by amending clause (v) to read as follows:
``(v) if a base grant has been established through
appropriations for the Federated States of Micronesia or
the Republic of the Marshall Islands, to provide an
amount for that jurisdiction (for Head Start agencies
(including Early Head Start agencies) in the
jurisdiction) that is equal to the amount provided for
base grants for such jurisdiction under this subchapter
for the prior fiscal year, by allotting to each agency
described in this clause an amount equal to that
agency's base grant for the prior fiscal year; and''.
(7) Coordination required.--The Secretary of the Interior, in
coordination with the Secretary of Education and the Secretary of Health
and Human Services, as applicable, shall, to the maximum extent
practicable, coordinate with the 3 United States appointees to the Joint
Economic Management Committee described in section 205(b)(1) and the 2
United States appointees to the Joint Economic Management and Financial
Accountability Committee described in section 206(d)(1) to avoid
duplication of economic assistance for education provided under section
261(a)(1) of the 2023 Amended U.S.-FSM Compact or section 261(a)(1) of
the 2023 Amended U.S.-RMI Compact of activities or services provided
under--
(A) the Head Start Act (42 U.S.C. 9831 et seq.);
(B) subpart 3 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070b et seq.); or
(C) part C of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087-51 et seq.).
(c) Authorization of Department of Defense Programs.--
(1) Department of defense medical facilities.--The Secretary of
Defense shall make available, on a space available and reimbursable
basis, the medical facilities of the Department of Defense for use by
citizens of the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau, who are properly referred
to the facilities by government authorities responsible for provision of
medical services in the Federated States of Micronesia, the Republic of
the Marshall Islands, the Republic of Palau, and the affected
jurisdictions (as defined in section 104(e)(2) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921c(e)(2))).
(2) Participation by secondary schools in the armed services
vocational aptitude battery student testing program.--It is the sense of
Congress that the Department of Defense may extend the Armed Services
Vocational Aptitude Battery (ASVAB) Student Testing Program and the
ASVAB Career Exploration Program to selected secondary schools in the
Federated States of Micronesia, the Republic of the Marshall Islands,
and the Republic of Palau to the extent such programs are available to
Department of Defense dependent secondary schools established under
section 2164 of title 10, United States Code, and located outside the
United States.
(d) Judicial Training.--In addition to amounts provided under section
261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI
Compact and under subsections (a) and (b) of Article 1 of the 2023 U.S.-Palau
Compact Review Agreement, for each of fiscal years 2024 through 2043, the
Secretary of the Interior shall use the amounts made available to the Secretary
of the Interior under section 211(c) to train judges and officials of the
judiciary in the Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau, in cooperation with the Pacific Islands
Committee of the judicial council of the ninth judicial circuit of the United
States.
(e) Eligibility for the Republic of Palau.--
(1) National health service corps.--The Secretary of Health and
Human Services shall make the services of the National Health Service
Corps available to the residents of the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau to the
same extent, and for the same duration, as services are authorized to be
provided to persons residing in any other areas within or outside the
United States.
(2) Additional programs and services.--The Republic of Palau shall
be eligible for the programs and services made available to the
Federated States of Micronesia and the Republic of the Marshall Islands
under section 108(a) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921g(a)).
(3) Programs and services of certain agencies.--In addition to the
programs and services set forth in the operative Federal Programs and
Services Agreement between the United States and the Republic of Palau,
the programs and services of the following agencies shall be made
available to the Republic of Palau:
(A) The Legal Services Corporation.
(B) The Public Health Service.
(C) The Rural Housing Service.
(f) Compact Impact Fairness.--
(1) In general.--Section 402 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(N) Exception for citizens of freely associated states.--
With respect to eligibility for benefits for any specified
Federal program, paragraph (1) shall not apply to any individual
who lawfully resides in the United States in accordance with
section 141 of the Compacts of Free Association between the
Government of the United States and the Governments of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.''; and
(B) in subsection (b)(2)(G)--
(i) in the subparagraph heading, by striking
``medicaid exception for'' and inserting ``exception
for''; and
(ii) by striking ``the designated Federal program
defined in paragraph (3)(C) (relating to the Medicaid
program)'' and inserting ``any designated Federal
program''.
(2) Exception to 5-year wait requirement.--Section 403(b)(3) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1613(b)(3)) is amended by striking ``, but only with respect
to the designated Federal program defined in section 402(b)(3)(C)''.
(3) Definition of qualified alien.--Section 431(b)(8) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(b)(8)) is amended by striking ``, but only with respect
to the designated Federal program defined in section 402(b)(3)(C)
(relating to the Medicaid program)''.
(g) Consultation With International Financial Institutions.--The Secretary
of the Treasury, in coordination with the Secretary of the Interior and the
Secretary of State, shall consult with appropriate officials of the Asian
Development Bank and relevant international financial institutions (as defined
in section 1701(c) of the International Financial Institutions Act (22 U.S.C.
262r(c))), as appropriate, with respect to overall economic conditions in, and
the activities of other providers of assistance to, the Freely Associated
States.
(h) Chief of Mission.--Section 105(b) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(b)) is amended by striking paragraph (5)
and inserting the following:
``(5) Pursuant to section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), all United States Government executive branch employees in
the Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau fall under the authority of the
respective applicable chief of mission, except for employees identified
as excepted from the authority under Federal law or by Presidential
directive.''.
(i) Establishment of a Unit for the Freely Associated States in the Bureau
of East Asian and Pacific Affairs of the Department of State and Increasing
Personnel Focused on Oceania.--
(1) Definition of appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Requirements.--The Secretary of State shall--
(A) assign additional full-time equivalent personnel to the
Office of Australia, New Zealand, and Pacific Island Affairs of
the Bureau of East Asian and Pacific Affairs of the Department
of State, including to the unit established under subparagraph
(B), as the Secretary of State determines to be appropriate, in
accordance with paragraph (4)(A); and
(B) establish a unit in the Bureau of East Asian and Pacific
Affairs of the Department of State to carry out the functions
described in paragraph (3).
(3) Functions of unit.--The unit established under paragraph (2)(B)
shall be responsible for the following:
(A) Managing the bilateral and regional relations with the
Freely Associated States.
(B) Supporting the Secretary of State in leading
negotiations relating to the Compacts of Free Association with
the Freely Associated States.
(C) Coordinating, in consultation with the Department of the
Interior, the Department of Defense, and other interagency
partners as appropriate, implementation of the Compacts of Free
Association with the Freely Associated States.
(4) Full-time equivalent employees.--The Secretary of State shall--
(A) not later than 5 years after the date of enactment of
this Act, assign to the Office of Australia, New Zealand, and
Pacific Island Affairs of the Bureau of East Asian and Pacific
Affairs, including to the unit established under paragraph
(2)(B), not less than 4 additional full-time equivalent staff,
who shall not be dual-hatted, including by considering--
(i) the use of existing flexible hiring authorities,
including Domestic Employees Teleworking Overseas
(DETOs); and
(ii) the realignment of existing personnel,
including from the United States Mission in Australia,
as appropriate;
(B) reduce the number of vacant foreign service positions in
the Pacific Island region by establishing an incentive program
within the Foreign Service for overseas positions related to the
Pacific Island region; and
(C) report to the appropriate congressional committees on
progress toward objectives outlined in this subsection beginning
1 year from the date of the enactment of this Act and annually
thereafter for 5 years.
(j) Technical Assistance.--Section 105 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d) is amended by striking subsection (j)
and inserting the following:
``(j) Technical Assistance.--
``(1) In general.--Technical assistance may be provided pursuant to
section 224 of the 2023 Amended U.S.-FSM Compact, section 224 of the
2023 Amended U.S.-RMI Compact, or section 222 of the U.S.-Palau Compact
(as those terms are defined in section 203 of the Compact of Free
Association Amendments Act of 2024) by Federal agencies and institutions
of the Government of the United States to the extent the assistance
shall be provided to States, territories, or units of local government.
``(2) Historic preservation.--
``(A) In general.--Any technical assistance authorized under
paragraph (1) that is provided by the Forest Service, the
Natural Resources Conservation Service, the United States Fish
and Wildlife Service, the National Marine Fisheries Service, the
United States Coast Guard, the Advisory Council on Historic
Preservation, the Department of the Interior, or any other
Federal agency providing assistance under division A of subtitle
III of title 54, United States Code, may be provided on a
nonreimbursable basis.
``(B) Grants.--During the period in which the 2023 Amended
U.S.-FSM Compact (as so defined) and the 2023 Amended U.S.-RMI
Compact (as so defined) are in force, the grant programs under
division A of subtitle III of title 54, United States Code,
shall continue to apply to the Federated States of Micronesia
and the Republic of the Marshall Islands in the same manner and
to the same extent as those programs applied prior to the
approval of the U.S.-FSM Compact and U.S.-RMI Compact.
``(3) Additional funds.--Any funds provided pursuant to this
subsection, subsections (c), (g), (h), (i), (k), (l), and (m), section
102(a), and subsections (a), (b), (f), (g), (h), and (j) of section 103
shall be in addition to, and not charged against, any amounts to be paid
to the Federated States of Micronesia or the Republic of the Marshall
Islands pursuant to--
``(A) the U.S.-FSM Compact;
``(B) the U.S.-RMI Compact; or
``(C) any related subsidiary agreement.''.
(k) Continuing Trust Territory Authorization.--The authorization provided by
the Act of June 30, 1954 (68 Stat. 330, chapter 423), shall remain available
after the effective date of the 2023 Amended U.S.-FSM Compact and the 2023
Amended U.S.-RMI Compact with respect to the Federated States of Micronesia and
the Republic of the Marshall Islands for transition purposes, including--
(1) completion of projects and fulfillment of commitments or
obligations;
(2) termination of the Trust Territory Government and termination of
the High Court;
(3) health and education as a result of exceptional circumstances;
(4) ex gratia contributions for the populations of Bikini, Enewetak,
Rongelap, and Utrik; and
(5) technical assistance and training in financial management,
program administration, and maintenance of infrastructure.
(l) Technical Amendments.--
(1) Public health service act definition.--Section 2(f) of the
Public Health Service Act (42 U.S.C. 201(f)) is amended by striking
``and the Trust Territory of the Pacific Islands'' and inserting ``the
Federated States of Micronesia, the Republic of the Marshall Islands,
and the Republic of Palau''.
(2) Compact impact amendments.--Section 104(e) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921c(e)) is
amended--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking ``beginning in
fiscal year 2003'' and inserting ``during the period of
fiscal years 2003 through 2023''; and
(ii) in subparagraph (C), by striking ``after fiscal
year 2003'' and inserting ``for the period of fiscal
years 2004 through 2023'';
(B) by striking paragraph (5); and
(C) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
SEC. 210. ADDITIONAL AUTHORITIES.
(a) Agencies, Departments, and Instrumentalities.--
(1) In general.--Appropriations to carry out the obligations,
services, and programs described in paragraph (2) shall be made directly
to the Federal agencies, departments, and instrumentalities carrying out
the obligations, services and programs.
(2) Obligations, services, and programs described.--The obligations,
services, and programs referred to in paragraphs (1) and (3) are the
obligations, services, and programs under--
(A) sections 131 and 132, paragraphs (1) and (3) through (6)
of section 221(a), and section 221(b) of the 2023 Amended U.S.-
FSM Compact;
(B) sections 131 and 132, paragraphs (1) and (3) through (6)
of section 221(a), and section 221(b) of the 2023 Amended U.S.-
RMI Compact;
(C) sections 131 and 132 and paragraphs (1), (3), and (4) of
section 221(a) of the U.S.-Palau Compact;
(D) Article 6 of the 2023 U.S.-Palau Compact Review
Agreement; and
(E) section 209.
(3) Authority.--The heads of the Federal agencies, departments, and
instrumentalities to which appropriations are made available under
paragraph (1) as well as the Federal Deposit Insurance Corporation
shall--
(A) have the authority to carry out any activities that are
necessary to fulfill the obligations, services, and programs
described in paragraph (2); and
(B) use available funds to carry out the activities under
subparagraph (A).
(b) Additional Assistance.--Any assistance provided pursuant to section
105(j) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(j)) (as amended by section 209(j)) and sections 205(a), 206(a), 207(b),
and 209 shall be in addition to and not charged against any amounts to be paid
to the Federated States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau pursuant to--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; or
(4) any related subsidiary agreement.
(c) Remaining Balances.--Notwithstanding any other provision of law,
including section 109 of the Compact of Free Association Amendments Act of 2003
(48 U.S.C. 1921h)--
(1) remaining balances appropriated to carry out sections 211,
212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact, shall be
programmed pursuant to Article IX of the 2023 U.S.-FSM Fiscal Procedures
Agreement; and
(2) remaining balances appropriated to carry out sections 211,
213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact, shall be
programmed pursuant to Article XI of the 2023 U.S.-RMI Fiscal Procedures
Agreement.
(d) Grants.--Notwithstanding any other provision of law--
(1) contributions under the 2023 Amended U.S.-FSM Compact, the 2023
U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI
Compact may be provided as grants for purposes of implementation of the
2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review
Agreement, and the 2023 Amended U.S.-RMI Compact under the laws of the
United States; and
(2) funds appropriated pursuant to section 211 may be deposited in
interest-bearing accounts and any interest earned may be retained in and
form part of those accounts for use consistent with the purpose of the
deposit.
(e) Rule of Construction.--Except as specifically provided, nothing in this
title or the amendments made by this title amends the following:
(1) Title I of the Compact of Free Association Act of 1985 (48
U.S.C. 1901 et seq.).
(2) Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.).
(3) Title I of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921 et seq.).
(4) Section 1259C of the National Defense Authorization Act for
Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115-91).
(5) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 635).
(f) Clarification Relating to Appropriated Funds.--Notwithstanding section
109 of the Compacts of Free Association Amendments Act of 2003 (48 U.S.C.
1921h)--
(1) funds appropriated by that section and deposited into the RMI
Compact Trust Fund shall be governed by the 2023 U.S.-RMI Trust Fund
Agreement on entry into force of the 2023 U.S.-RMI Trust Fund Agreement;
(2) funds appropriated by that section and deposited into the FSM
Compact Trust Fund shall be governed by the 2023 U.S.-FSM Trust Fund
Agreement on entry into force of the 2023 U.S.-FSM Trust Fund Agreement;
(3) funds appropriated by that section and made available for fiscal
year 2024 or any fiscal year thereafter as grants to carry out the
purposes of section 211(b) of the 2003 U.S.-RMI Amended Compact shall be
subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures
Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures
Agreement;
(4) funds appropriated by that section and made available for fiscal
year 2024 or any fiscal year thereafter as grants to carry out the
purposes of section 221 of the 2003 U.S.-RMI Amended Compact shall be
subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures
Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures
Agreement, except as modified in the Federal Programs and Services
Agreement in force between the United States and the Republic of the
Marshall Islands; and
(5) funds appropriated by that section and made available for fiscal
year 2024 or any fiscal year thereafter as grants to carry out the
purposes of section 221 of the 2003 U.S.-FSM Amended Compact shall be
subject to the provisions of the 2023 U.S.-FSM Fiscal Procedures
Agreement on entry into force of the 2023 U.S.-FSM Fiscal Procedures
Agreement, except as modified in the 2023 U.S.-FSM Federal Programs and
Services Agreement.
SEC. 211. COMPACT APPROPRIATIONS.
(a) Funding for Activities of the Secretary of the Interior.--For the period
of fiscal years 2024 through 2043, there are appropriated to the Compact of Free
Association account of the Department of the Interior, out of any funds in the
Treasury not otherwise appropriated, to remain available until expended, the
amounts described in and to carry out the purposes of--
(1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM Compact;
(2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI Compact;
and
(3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact Review
Agreement.
(b) Funding for Activities of the United States Postal Service.--
(1) Appropriation.--There is appropriated to the United States
Postal Service, out of any funds in the Treasury not otherwise
appropriated for each of fiscal years 2024 through 2043, $31,700,000, to
remain available until expended, to carry out the costs of the following
provisions that are not otherwise funded:
(A) Section 221(a)(2) of the 2023 Amended U.S.-FSM Compact.
(B) Section 221(a)(2) of the 2023 Amended U.S.-RMI Compact.
(C) Section 221(a)(2) of the U.S.-Palau Compact.
(D) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(2) Deposit.--
(A) In general.--The amounts appropriated to the United
States Postal Service under paragraph (1) shall be deposited
into the Postal Service Fund established under section 2003 of
title 39, United States Code, to carry out the provisions
described in that paragraph.
(B) Requirement.--Any amounts deposited into the Postal
Service Fund under subparagraph (A) shall be the fiduciary,
fiscal, and audit responsibility of the Postal Service.
(c) Funding for Judicial Training.--There is appropriated to the Secretary
of the Interior to carry out section 209(d) out of any funds in the Treasury not
otherwise appropriated, $550,000 for each of fiscal years 2024 through 2043, to
remain available until expended.
(d) Treatment of Previously Appropriated Amounts.--The total amounts made
available to the Government of the Federated States of Micronesia and the
Government of the Republic of the Marshall Islands under subsection (a) shall be
reduced by amounts made available to the Government of the Federated States of
Micronesia and the Government of the Republic of the Marshall Islands, as
applicable, under section 2101(a) of the Continuing Appropriations Act, 2024 and
Other Extensions Act (Public Law 118-15; 137 Stat. 81) (as amended by section
101 of division B of the Further Continuing Appropriations and Other Extensions
Act, 2024 (Public Law 118-22; 137 Stat. 114) and section 201 of the Further
Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law
118-35; 138 Stat. 7)).
TITLE III--EXTENSIONS AND OTHER MATTERS
SEC. 301. EXTENSION OF UNDETECTABLE FIREARMS ACT OF 1988.
Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922
note; Public Law 100-649) is amended by striking ``35 years after the effective
date of this Act'' and inserting ``on March 8, 2031''.
SEC. 302. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) Short Title.--This section may be cited as the ``United States Parole
Commission Additional Extension Act of 2024''.
(b) Amendment of Sentencing Reform Act of 1984.--For purposes of section
235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-
473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United
States Code, and the United States Parole Commission, each reference in such
section to ``36 years and 129 days'' or ``36-year and 129-day period'' shall be
deemed a reference to ``36 years and 335 days'' or ``36-year and 335-day
period'', respectively.
SEC. 303. EXTENSION OF CERTAIN DIRECT SPENDING REDUCTIONS.
Section 251A(6)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901a(6)(D)) is amended--
(1) in clause (i), by striking ``7'' and inserting ``8''; and
(2) in clause (ii), by striking ``5'' and inserting ``4''.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this division
shall not be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division shall
not be entered on any PAYGO scorecard maintained for purposes of section 4106 of
H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the
Budget Scorekeeping Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Report 105-217 and section
250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on Appropriations
pursuant to section 302(a) of the Congressional Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the Statutory
Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
Attest:
Clerk.
Introduced in House
Introduced in House
Ms. Granger moved to suspend the rules and agree to the resolution.
Considered under suspension of the rules. (consideration: CR H842-969)
DEBATE - The House proceeded with forty minutes of debate on H. Res. 1061.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H971)
Passed/agreed to in House: On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 339 - 85 (Roll no. 64). (text: CR H842-961)
Roll Call #64 (House)On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 339 - 85 (Roll no. 64). (text: CR H842-961)
Roll Call #64 (House)Motion to reconsider laid on the table Agreed to without objection.
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