[Congressional Record Volume 170, Number 40 (Wednesday, March 6, 2024)]
[House]
[Pages H842-H969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSOLIDATED APPROPRIATIONS ACT, 2024
Ms. GRANGER. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1061) providing for the concurrence by the
House in the Senate amendment to H.R. 4366, with an amendment.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1061
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.
[[Page H843]]
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
[[Page H844]]
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.
[[Page H845]]
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
[[Page H846]]
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.
[[Page H847]]
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
[[Page H848]]
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.
[[Page H849]]
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.
[[Page H850]]
(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
[[Page H851]]
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--
[[Page H852]]
(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.
[[Page H853]]
(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
[[Page H854]]
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
[[Page H855]]
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
[[Page H856]]
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
[[Page H857]]
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.
[[Page H858]]
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
[[Page H859]]
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
[[Page H860]]
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
[[Page H861]]
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),
[[Page H862]]
$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
[[Page H863]]
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
[[Page H864]]
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
[[Page H865]]
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
[[Page H866]]
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.
[[Page H867]]
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
[[Page H868]]
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
[[Page H869]]
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.
[[Page H870]]
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
[[Page H871]]
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
[[Page H872]]
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
[[Page H873]]
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
[[Page H874]]
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,
[[Page H875]]
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-
[[Page H876]]
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;
[[Page H877]]
(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
[[Page H878]]
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
[[Page H879]]
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,
[[Page H880]]
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.
[[Page H881]]
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
[[Page H882]]
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
[[Page H883]]
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
[[Page H884]]
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--
[[Page H885]]
(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
[[Page H886]]
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
[[Page H887]]
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
[[Page H888]]
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
[[Page H889]]
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
[[Page H890]]
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
[[Page H891]]
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.
[[Page H892]]
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.
[[Page H893]]
(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
[[Page H894]]
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''.
[[Page H895]]
(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
[[Page H896]]
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:
[[Page H897]]
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
[[Page H898]]
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
[[Page H899]]
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
[[Page H900]]
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
[[Page H901]]
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
[[Page H902]]
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.
[[Page H903]]
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.
[[Page H904]]
(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
[[Page H905]]
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
[[Page H906]]
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
[[Page H907]]
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
[[Page H908]]
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).
[[Page H909]]
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
[[Page H910]]
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.
[[Page H911]]
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
[[Page H912]]
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,
[[Page H913]]
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
[[Page H914]]
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
[[Page H915]]
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
[[Page H916]]
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
[[Page H917]]
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
[[Page H918]]
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
[[Page H919]]
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,
[[Page H920]]
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
[[Page H921]]
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
[[Page H922]]
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
[[Page H923]]
(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;
[[Page H924]]
(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
[[Page H925]]
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.
[[Page H926]]
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.
[[Page H927]]
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).
[[Page H928]]
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
[[Page H929]]
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,
[[Page H930]]
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
[[Page H931]]
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
[[Page H932]]
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
[[Page H933]]
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.
[[Page H934]]
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
[[Page H935]]
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.
[[Page H936]]
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
[[Page H937]]
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
[[Page H938]]
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
[[Page H939]]
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
[[Page H940]]
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
[[Page H941]]
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
[[Page H942]]
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
[[Page H943]]
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
[[Page H944]]
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
[[Page H945]]
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'';
[[Page H946]]
(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-
[[Page H947]]
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
[[Page H948]]
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--
[[Page H949]]
(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
[[Page H950]]
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.
[[Page H951]]
``(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''.
[[Page H952]]
(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
[[Page H953]]
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
[[Page H954]]
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
[[Page H955]]
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).
[[Page H956]]
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;
[[Page H957]]
(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
[[Page H958]]
``(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:
[[Page H959]]
``(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.''.
[[Page H960]]
(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.).
[[Page H961]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Texas (Ms. Granger) and the gentlewoman from Connecticut (Ms. DeLauro)
each will control 20 minutes.
Mr. TAKANO. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. Is the gentlewoman from Connecticut opposed?
Ms. DeLAURO. Mr. Speaker, I am not opposed.
The SPEAKER pro tempore. The gentleman from California (Mr. Takano)
will control the 20 minutes in opposition.
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. GRANGER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of the six-bill appropriations
package. I am glad we are here considering full-year bills, and I thank
everyone who participated in this process.
With the odds stacked against us, House Republicans made progress in
how we fund the government. We drafted the most conservative bills in
history. Members submitted over 1,000 amendments. We considered House
bills individually on the floor and we avoided a massive omnibus
measure.
In total, we increased Defense funding and made target cuts. We also
maintained our legacy riders that my colleagues on the other side of
the aisle wanted to remove.
Overall, this bill honors our commitment to our veterans, strengthens
our energy security, holds agencies accountable, supports our farmers
and ranchers, and makes our transportation systems safer.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. TAKANO. Mr. Speaker, it is regrettable that I must rise in
opposition
[[Page H962]]
to the measure before us. I am anguished over it for one simple reason:
Veterans' lives are on the line.
I have the greatest respect for my colleague, the ranking member of
the Appropriations Committee, and I know it was a difficult road to get
to this point. I also appreciate the work of our Democratic leader to
try and find consensus. There are many good things in this bill, things
that will benefit everyday Americans, but as ranking member of the
House Veterans' Affairs Committee, this bill comes at the expense of
our most vulnerable veterans and, therefore, I cannot support it.
However, I will be clear that I am not asking my colleagues to oppose
the bill.
Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from
Kentucky (Mr. Rogers), the chairman of the Commerce, Justice, Science
Subcommittee and dean of the House of Representatives.
Mr. ROGERS of Kentucky. Mr. Speaker, I thank the chairwoman for
yielding.
Mr. Speaker, as chairman of the Subcommittee on Commerce, Justice,
Science, and Related Agencies, I rise in support of the appropriations
act that we are considering today.
The fiscal situation facing the Nation requires Congress to make
significant spending reductions while maintaining strong commitments to
the safety, security, and well-being of the American people.
After tough but fair bipartisan negotiations, we have produced a
strong bill that prioritizes everyday Americans while rightsizing the
bureaucracy.
Make no mistake, Mr. Speaker, many agencies with important missions
face reductions under this legislation. We believe it is important to
reverse the out-of-control growth of the Federal Government and that is
reflected in this agreement.
The CJS bill scales back spending by holding most agencies to `23
levels or lower. Agencies must refocus on their core missions and
responsibilities.
{time} 1315
Despite limited resources, we maintain robust funding that
prioritizes the fight against fentanyl, support for local law
enforcement, and efforts to counter China by supporting innovation,
space exploration, and scientific research.
We do this while also utilizing the power of the purse to address the
weaponization of the Federal Bureau of Investigation and the overreach
of the Bureau of Alcohol, Tobacco, Firearms and Explosives. To that
end, the FBI and ATF will be receiving less money than last year.
In addition, the CJS bill contains two new policy riders to protect
the American people. One prohibits the Department of Justice from
targeting parents who exercise their right to free speech at local
school board meetings. The other prohibits the Department of Justice
from investigating churches on the basis of their religious beliefs.
The bill supports local law enforcement by including critical funding
for Byrne Justice grants and COPS hiring grants.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. GRANGER. Mr. Speaker, I yield an additional 2 minutes to the
gentleman from Kentucky.
Mr. ROGERS of Kentucky. This assistance will help empower our local
police departments and ensure they have the resources they need to
safeguard our neighborhoods. Law enforcement plays an important role in
the well-being of every American in every congressional district.
Passage of this bill today sends a strong message: We have their backs.
In closing, I thank Chairwoman Granger for being a trouper in tough
circumstances and has done a wonderful job. I congratulate her. I also
thank the subcommittee ranking member, Mr. Cartwright. He has been a
valued partner and colleague in this effort. I also thank all the
members of the subcommittee for their help and assistance, as well as
Ranking Member DeLauro.
This legislation is a product of good-faith, bipartisan negotiations.
It is a win for the American people. I urge my colleagues to support
this legislation.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), the distinguished ranking member of the
Appropriations Committee.
Ms. DeLAURO. Mr. Speaker, I rise in support of this legislation,
which provides funding for domestic programs that curb the rising cost
of living, create higher-paying jobs, confront the climate crisis,
honor our commitments to America's veterans, and protect women's
rights.
In a divided country, I am pleased that Democrats and Republicans in
the House and in the Senate united and produced this legislation to
make government work for the people. Democrats are doing what we always
do: put people over politics, follow the law, and reach a bipartisan
compromise to grow the middle class and to deliver for the American
people.
This bill includes a billion dollars to fully fund the Women,
Infants, and Children program. It prevents 5 million people from losing
their housing. It increases our investments in our infrastructure and
creates jobs. It restores funding for rail and transit systems.
These funding bills, the product of bipartisan negotiations, help
keep our communities safe and healthy. We are keeping government open,
protecting the people in need, and moving our country forward.
This legislation does not have everything either side may have
wanted, but I am pleased that many of the extreme cuts in policies
proposed by House Republicans were excluded. House Democrats rejected
outright their archaic restriction on women's reproductive healthcare.
I am proud that this bill protects the progress we previously made to
reverse underinvestment in domestic programs that empower and protect
middle-class families.
To help Americans contending with an elevated cost of living, this
bill fights inflation and fully supports key lifelines such as food
assistance, ensuring people in this great country of ours do not go
hungry.
Mr. Speaker, I urge swift passage of this package, and I look forward
to finalizing and passing the remaining 2024 funding bills in due time.
Ms. GRANGER. Mr. Speaker, I yield 4 minutes to the gentleman from
Idaho (Mr. Simpson), the chairman of the Interior, Environment, and
Related Agencies Subcommittee.
Mr. SIMPSON. Mr. Speaker, I rise in support of the Consolidated
Appropriations Act for fiscal year 2024.
I commend Chairwoman Granger for her leadership of the Appropriations
Committee and for getting the first six bills across the finish line. I
also thank the Interior Subcommittee Ranking Member Pingree for her
partnership on this bill.
Together, we have negotiated a reasonable compromise to avoid a
government shutdown that fails to respond to our Nation's needs and
maintain our public lands.
The Interior and Environment division provides nondefense top-line
resources totaling $38.9 billion, nearly 4 percent below the FY 2023
level.
Cutting funding is never easy, but with the national debt in excess
of $34 trillion, we make tough choices in this bill to rein in Federal
spending. Last Congress alone, $3 trillion was spent outside the normal
appropriation process. That is 3 trillion additional dollars. As I have
said repeatedly, simply holding funding flat is not enough. We must
curb out-of-control spending and get our budget back on track. I am
pleased that this bill does that and leads us in the right direction.
We reduced funding across most agencies and bureaus, and the
Environmental Protection Agency is cut by nearly 10 percent.
Despite the reduced allocation, the bill provides an additional $34
million for healthcare, law enforcement, and related programs across
Indian Country, and for the Indian Health Service, the bill continues
advance appropriations, totaling $5.2 billion. The advance
appropriation is a program that was started by Ranking Member Pingree
when she was chairman of this committee, and we have continued that.
The bill also fully funds the Payment in Lieu of Taxes program. Let
me explain that that program is vitally important to public land
States. Because we can't collect taxes on Federal lands within those
States, this is supposed to make up for the taxes that would come
[[Page H963]]
from those lands if they were held in private lands. This is vitally
important to public land States. It is not enough, but we fully funded
it in this program.
It also provides an additional $260 million to maintain wildland
firefighter pay without irresponsible budget gimmicks.
In terms of policy, the bill maintains longstanding legacy riders to
prevent the ESA listing of sage-grouse and to exempt farmers and
livestock producers from burdensome greenhouse gas permitting
requirements.
The bill bolsters our energy independence by encouraging domestic
production of critical and rare earth minerals and rejects
administration proposals to increase offshore energy inspection fees
and authorize onshore inspection fees.
For my constituents in Idaho, I am especially pleased that the bill
blocks the Lava Ridge Wind Project until the Secretary of the Interior
analyzes, in consultation with local officials and stakeholders, and
they look at alternate plans to reduce the harmful impacts of this
project.
In closing, I thank all the Members for their work on this bill. It
is hard to reduce spending, yet we have been able to do that. I
congratulate the staff on both sides of the aisle who worked very hard
on this. While we were home, they were here working on this bill all
night long. I include the staff on the other side of the rotunda. These
bills are hard to compromise on, but we were able to get it done.
It represents a fair compromise that allows us to meet the spending
levels agreed to in the Fiscal Responsibility Act and manage our public
lands. I urge my colleagues to vote ``yes'' on this piece of
legislation.
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the distinguished ranking member of the Energy and
Water Development and Related Agencies Subcommittee.
Ms. KAPTUR. Mr. Speaker, I rise in support of this bill.
The fiscal year 2024 Energy and Water bill ushers in new horizons for
jobs and progress for our region and Nation. Our bill assures
investments in modernized energy production, vital water
infrastructure, and nuclear national security, all essential for
American independence inside our borders.
This bipartisan Energy and Water bill funds the U.S. Department of
Energy, Corps of Engineers, Bureau of Reclamation, and regional
commissions and authorities impacting every corner of our Nation. This
includes the Appalachian, Delta, Denali, Northern Border, Southeast
Crescent, Southwest Border, and the Great Lakes.
U.S. energy independence in perpetuity is our consistent, paramount,
strategic goal, and each year our Nation makes significant progress
toward it.
This bill also assures that our Nation's nuclear security assets,
including the nuclear Navy, are modern and ready, both as a deterrent
and to safeguard our national security. With Vladimir Putin's recent
reckless threats about launching nuclear weapons in Europe and former
President Donald Trump's appeasing reaction, this bill is needed as an
affirmation of American will to protect and defend our people and
assure our Nation's security posture against all enemies.
Mr. Speaker, I urge my colleagues to join me in supporting this
bipartisan bill. I thank our able chair, Charles Fleischmann, for his
dutiful and responsible service to our Nation.
I include in the Record this Proposal for the 2024 Energy and Water
bill.
Proposal: A Great Lakes Authority
For the consideration of: Joseph R. Biden, Jr. President,
United States of America.
From: Rep. Marcy Kaptur (D-OH), Co-Chair, Great Lakes Task
Force; Rep. Debbie Dingell (D-MI), Co-Chair, Great Lakes
Task Force; Rep. Paul Tonko (D-NY), Chair, Environment and
Climate Change Subcommittee; Rep. Bobby Bush (D-IL), Chair,
Energy Subcommittee; Rep. Haley Stevens (D-MI), Co-Chair,
House Manufacturing Task Force
1. Summary
The eight states that comprise the U.S. portion of the
Great Lakes watershed contain the core of America's
commercial and defense industrial base.
The Department of Homeland Security defines these
industries as ``America's Critical Manufacturing Sector''.
Failure or disruption within these industries would result in
cascading disruptions in other critical sectors of the
economy, in multiple regions, and have significant national
economic impact.
This existing industrial base contains the nation's largest
pool of skilled and experienced production workers. The
Region has an almost inexhaustible supply of fresh water.
These 8 States do 25 percent of all U.S. trade with Canada,
which is this nation's largest export market. In 2020, Canada
imported more than $255 billion of U.S. goods and services.
This base provides a solid foundation for creating a unique
21st Century regional development strategy--one that can
enable the United States to (1) build back its manufacturing
base, (2) create millions of new and better jobs within the
Region, and (3) restore an assured, U.S. defense industrial
sector and a resilient energy platform sufficient to power
U.S.-based production.
Franklin D. Roosevelt created the model for such a strategy
in 1933 with the Tennessee Valley Authority (TVA)--a unique
institution brought into being to control the raging waters
of the 3 Tennessee River, provide low-cost electricity, and
advance the economic development of the under-invested seven
states in that Basin.
Our times require a 21st Century version of such an
Authority in the Great Lakes Region--one that can protect and
wisely use the fresh waters of the Great Lakes, build back
better the Region's economy and be a necessary exemplar for
climate change remediation.
The GLA's mission would be to:
Restore and protect America's principal source of fresh
water.
Foster innovation, commercialize it, and by that create
more and better jobs.
Strengthen and expand the core U.S. manufacturing and
defense industrial jobs base, and the required energy systems
to sustain/power production.
Create world-class worker education, training and
adjustment institutions.
Work with the Government and Provinces of Canada on our
mutual Great Lakes challenges including the Great Lakes-Saint
Lawrence Seaway Corporation.
The Chair of the Great Lakes Authority would be a Cabinet
level official appointed by the President and confirmed by
the U.S. Senate. The Chair would represent the U.S.
Government. A five person board lead by the Chair would be
joined by four bipartisan board members appointed by the U.S.
House and Senate leadership.
The GLA would be governed by a five-person, bipartisan
Board, each of whom serves for a five-year term. The Chair
would be a Cabinet level official appointed by the President,
confirmed by the U.S. Senate and be a full-time position. The
other four members of the Board would be appointed by the
Majority and Minority Leaders of the U.S. House of
Representatives and the U.S. Senate. Each would be confirmed
by the U.S. Senate. Eligible appointees would be limited to
residents of the Region who are currently active as a
corporate manufacturing CEO, head of a major financial
institution, President of a Land Grant University, or CEO of
a major distribution company. These four positions would be
part-time and compensated as is normal with private
corporations.
The Great Lakes Authority would be funded by the same ways
and means as was, and is now, the Tennessee Valley Authority
(TVA) and include both federally appropriated funds and
revenues generated by GLA projects, with the same annual
financing similar to that of the Bureau of Reclamation.
The Great Lakes Authority would be authorized and funded
to:
Create and administer a regional infrastructure bank that
could finance domestic civil works that have a dedicated
revenue stream such as water and wastewater systems,
Create and finance other domestic civil works from
appropriated funds,
Create and operate a business development fund to assist in
the establishment and expansion of regional-based
manufacturers,
Create university-based research, development, and
technical consortiums,
Create the 18th National Laboratory, with satellites as
necessary in GLA states, and dedicate it to advancing applied
science, the manufacturing arts, and the commercialization of
advanced technology products,
Create a patent hub that will aggressively invest and
develop new clean energy inventions, technologies and
industries, and
Create and fund world-class remedial, transition and
advanced education and training institutions and programs
that invest in the workers of the Region.
The United States has long dealt with regional challenges
with regional solutions. The TVA is an example. The purpose
of this proposal is to outline why a Great Lakes Authority is
needed and identify how it can make a major contribution to
building back better this vital region of the United States.
Today, alone of the U.S.'s major economic regions, the
Great Lakes states do not have such a vital development
institution.
2. The Challenge
Manufacturing and Job Losses:
The United States has closed 91,000 factories and lost 5
million manufacturing jobs since NAFTA was enacted in 1993
and China joined the World Trade Organization in 2000. The 8-
state Great Lakes Region lost 1.5 millions of those jobs--
that is, 30 percent. Many of the Region's people were unable
to adapt and have responded with addiction, suicide,
conspiracy fantasies, and political radicalization
[[Page H964]]
Weakened Finances:
These losses of factories and jobs, in turn, have greatly
weakened the fiscal capacity of the Region's state and local
governments. A measure of this fiscal crisis is found in the
high municipal indebtedness of the Region's cities. Detroit
and Cleveland each have a municipal bonded indebtedness of
more than two billion dollars. Toledo owes $1.6 billion and
Milwaukee almost $1.4 billion. Faced with the high costs of
operation, repairs, rehabilitation and replacement, coupled
with unavoidable federal mandates that come with only 50
percent funding, these municipalities are forced to increase
utility rates on customers who are already in economic
trouble.
The On-Going Great Lakes Ecological Catastrophe:
The Region's five Great Lakes--Erie, Huron, Michigan,
Ontario, and Superior--are the source of 21 percent of the
world's surface freshwater and 84 percent of North America's.
These Lakes undergird life, work and recreation for tens of
millions of people. Yet, before our eyes they are succumbing
to an ecological disaster of epic proportions.
Dan Egan in The Death and Life of the Great Lakes writes:
The Great Lakes are now home to 186 non-native species. None
has been more devastating than the Junior Mint-sized zebra
and quagga mussels . . . leaving trillions upon trillions of
filter-feeding quagga mussels sucking the life out of the
lake itself . . . native fish populations have been
decimated. Bird-killing botulism outbreaks plague lakeshores.
Poisonous algae slick capable of shutting down public water
supplies have become a routine summertime threat. A virus
that causes deadly hemorrhaging in dozens of species of fish,
dubbed by some scientists the ``fish Ebola'' has become
endemic in the lakes and threatens to spread across the
continent. Yet, invasive species are only one of many threats
to what in fact is the largest inland sea in the world.
Researchers at the Universities of Wisconsin and Michigan
have created a ``threat map'' that analyzes 34 distinct
threats that affect these five lakes. The composite stresses
include not only invasive species but also toxic algae,
erosion, development, waste plastics and toxic pollutants
among other sources.
Cumulative Stress in the Great Lakes Today:
The state and local governments of the region are
themselves so economically strapped that they are fiscally
incapable of making the remediations that the Lakes require.
Major fiscal help and institutional leadership from the
Federal Government is essential if this ecological
catastrophe is to be stopped and then reversed. Innovation--
Regarding innovation in the Great Lakes region, a telling
measure of the region's innovation decline is found by
comparing whether these eight states have kept pace with the
rest of the United States in devising inventions that are
sufficiently new, non-obvious and useful that inventors and
companies file and receive a patent from the United States
Patent Office (USPTO).
The Great Lakes states have not kept pace with innovation.
Specifically, in 1990, 51,000 U.S. patents were issued and in
2020 the USPTO granted 188,000--an increase of 265 percent. 8
In 2020, California residents were granted 571 percent more
patents than they were in 1990. Oregon residents got 553
percent more. Washington State residents were awarded a
whopping 901 percent more. Not a single Great Lake State even
reached the national average by 2020. All fell behind the
pace of U.S. invention.
The Nuclear Power Issue:
Heavy power demands across the region require a dependable
baseload energy supply with a highly skilled workforce.
Today, the Region has 17 nuclear reactors at 15 sites in
operation. Nuclear power provides 15 percent of the
electricity for Ohio and Wisconsin, 23 percent for Minnesota,
29 percent for Michigan, 33 percent for New York, 41 percent
for Pennsylvania, and 53 percent for Illinois. Competition
pressures from massive, new natural gas supplies have created
financial pressures that make nuclear power more expensive.
These zero net carbon nuclear plants have become financially
uncompetitive. Yet, thousands of companies and hundreds of
thousands of workers depend on this nuclear base load.
For the foreseeable future, nuclear energy must be a key
segment of electricity generation or neither economic
development nor climate change goals can be attained. Ways
are means are required to extend the operation of these
nuclear facilities and, working with all stakeholders,
increase electric production beyond what private enterprise
appears to be able to facilitate in a quickly changing and
uncertain market.
The Brookings Study:
A decade ago, the Great Recession and the collapse of the
U.S. auto industry highlighted the manufacturing decline in
the Region. Regional leaders engaged the Brookings Institute
to help identify a consensus among private-sector and public
stakeholders as to what to do to create the next economy. The
result was a report: ``The Next Economy: Economic Recovery
and Transformation in the Great Lakes Region.''
The report called for the federal, state, metropolitan
leaders to join with the private and philanthropic sectors
to:
Invest in the assets that matter--innovation,
infrastructure and human capital,
Devise new public-private institutions that are market-
oriented and performance-driven,
Reimagine metros' form and governance structures to set the
right conditions for economic growth.
The report was issued in September 2010. The unstated
expectation was that the report and leadership consensus
would guide the Obama Administration's second round of
recovery actions post-2010. It never happened. In November
2010, control of the U.S. Senate and House of Representatives
changed. What happened next is that the U.S. devolved into
ten years of national political gridlock. Neither the state,
nor local governments, nor the industries, nor the companies,
nor the people of the region could meet the magnitude of this
challenge alone. Nor could they form a joint regional
strategy because there was no regional institution through
which the leaders of the Region could define, advocate and
create such a truly regional strategy.
What the Great Lakes Region needed then, and needs even
more now, is a 21st Century Great Lakes Authority--an
institution that can help the Region innovate, create jobs
and confront the compounding environmental and climate
challenges. This proposed Great Lakes Authority can be that
Institution. By its structure, focus, coherence, funding and
leadership it can help the Region and nation envision,
implement and sustain an aggressive Great Lakes strategic
development agenda.
This proposed Authority can be an institutional anchor to
aid the Region to sustain a long-term effort through the
storms, calms and vagaries of national policy making.
A Great Lakes Authority:
The United States has always supported regional solutions
to regional development and regional challenges. The
principal of these efforts is managed by the Bureau of Land
Management, which traces its roots to 1812 and was formed, in
part, to serve arid parts of the nation with regional water
resources and power generation.
Then, in 1933 during the economic depression, FDR created
the 7-state TVA. In 1965, President Lyndon Johnson created
the 13-state Appalachian Regional Commission. Their
successors have created regional commissions in other parts
of the U.S. These regional instrumentalities were created to
strengthen the economies of these Regions and help those
states achieve economic equality with the rest of the Nation.
Additional regional efforts have been proposed in other
states. Two of these Regional Commissions (Delta and Northern
Border) have been provided miniscule funding.
The Southeast Crescent Region and Southwest Border Regional
Commissions have not been activated. Strikingly, the Great
Lakes Region has neither a Regional Authority, such as TVA,
nor even a lesser-funded regional commission. Simply put,
building back better the Great Lakes Region is a challenge
that requires an empowered and well-financed Great Lakes
Authority.
Lessons from the TVA:
Now, almost nine decades after its founding, some lessons
from TVA's experiences provide clear guidance for this
proposed Great Lakes Authority.
1. Many environmental and economic problems are not bound
by state boundaries. Regional approaches are required to
solve regional challenges.
2. The development institutions and capacities of any
Region are so atomized as to be ineffectual when dealing with
broader issues of mutual concern. The 2010 Brookings report
highlighted that: ``The metropolitan areas of the Great Lakes
are ruled by a byzantine network of cities, counties, towns,
townships, villages, school boards, fire districts, library
districts, workforce boards, industrial development
authorities, water and sewer districts and a host of other
entities.'' The Brookings scholars concluded that the
metropolitan areas of the Great Lakes need to begin speaking
with a unified voice on economic development and design and
implement a unified strategy. A Regional Authority can
facilitate such coherence.
3. The TVA has a 200-person unit devoted to the economic
development of the 7-state TVA region. It is far larger,
better funded and more effective than any of the 7 state
efforts in the Region. The TVA provides; (a) an international
capacity to identify and source private capital investment,
(b) secure domestic finance through state, municipal, banking
and venture funds, as well as (c) the guidance required to
select sites and coordinate infrastructure and agreements at
low, long-term interest rates. With these capacities, TVA has
created a powerful supplement to state and local efforts to
attract capital investment and jobs into the Tennessee
Valley. It works well. The Great Lakes basin would benefit
from this TVA approach.
Conclusion:
When conceiving the TVA, President Franklin D. Roosevelt
focused on equity. What FDR challenged was an inequality that
was out of control between capital and labor and also between
the regions of the United States, particularly the Southern
and Appalachian regions. FDR closed much of this inequality--
both between people and between regions. Since the early
1980s, the inequalities between the few and the many, the
coasts and the interior, and the developed and underdeveloped
regions of the U.S. have widened.
Now, it appears that a new era has opened with the
Administration of President Joseph Biden. The new balance
between economic efficiency and economic equity now appears
to be once again emphasizing a more equitable distribution of
economic growth and opportunities for both people and
regions. The Great Lakes region has been falling behind by
almost every measure and needs substantial attention to
reverse economic and
[[Page H965]]
environmental challenges. A Great Lakes Authority is as vital
a development tool for the Biden-Harris Era of today as TVA
was for the Roosevelt Era of the 1930s.
Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Cole), the chairman of the Committee on Rules and the
chairman of the Transportation, Housing and Urban Development, and
Related Agencies Subcommittee.
Mr. COLE. Mr. Speaker, I begin with some much-deserved thank yous. I
thank the Speaker of the House. This deal would not have come together
without his leadership and support.
I particularly thank Chair Granger and Ranking Member DeLauro for
their work and their leadership in putting a package together they can
get across this floor in a bipartisan manner.
I would be remiss not to thank my negotiating counterparts, Ranking
Member Quigley and Senator Schatz and Ranking Member Hyde-Smith on the
Senate side of the rotunda. They were just terrific to work with in
every way.
Finally and always, we have outstanding staff. We all know that. This
bill wouldn't be here without their hard work.
Obviously, I focus my remarks, Mr. Speaker, very quickly on the
portion of the bill that I had the most to do with, and that is the
Transportation, Housing and Urban Development portion. There are four
areas in that bill I am especially proud of.
First, Members of both parties on both sides of the rotunda worked
really hard on safety first: safety for people who are flying, safety
for people who are traveling by rail, and safety for men and women on
the highways. We met the requirement there and fully funded all those
agencies.
Second, this is probably the most robust funding that the Federal
Aviation Administration has ever received. We have money in there for
1,800 new air traffic controllers who are desperately needed. We have
additional money for technology and infrastructure programs and
simulators to make sure they get the most up-to-date training we can
possibly provide for them. That was a real accomplishment, and it
marries up very nicely with the FAA reauthorization bill that I hope we
pass later this Congress.
Third, we maintained the safety net for people in public housing. We
all know what has happened to the cost of rents and housing; and,
frankly, we didn't want to put anybody out of their home, and we
avoided doing that.
{time} 1330
Finally, and particularly important to me personally, we have
historic gains for Indian housing programs and Indian road programs in
this bill.
Again, none of that could have happened without the people I thanked
earlier: the Speaker and particularly the chairwoman and ranking member
of the subcommittee and my negotiating partners.
I urge passage of this legislation, Mr. Speaker. I am very proud to
be associated and very proud that it will come to and move across this
floor, as it should, in a bipartisan fashion.
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Bishop), the distinguished ranking member of the
Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies.
Mr. BISHOP of Georgia. Mr. Speaker, I support passage of this six-
bill package, including the section on Agriculture-Rural Development-
FDA.
The ag bill affects the lives of every single American--rural, urban,
and suburban--every single day and ensures that Americans have access
to abundant, safe, and affordable food, fiber, medicine, and medical
devices.
The bill takes care of our families, helps prevent hunger, and fully
funds SNAP as well as WIC. The bill is free from almost all the extreme
policy riders in the previous versions, and it rejects interference
with Americans' healthcare and reproductive freedom, as well as attacks
on diversity, equity, and inclusion training.
It protects the Secretary of Agriculture's authority to use the CCC,
and it blocks cuts to distressed Farm Service Agency borrowers to help
the farmers who feed our country.
It rejects severe cuts to rural electric co-ops and the REAP program,
which helps rural businesses save on energy costs and helps make rural
energy grids more sustainable and resilient.
It protects small meat and poultry producers and promotes industry
competition to reduce the cost of food.
It makes crucial investments in rural housing and rental assistance
as well as the Food Safety and Inspection Service.
While the bill is not the best, it brings us closer than the earlier
versions to meeting the essential needs of the American people.
I commend President Biden and the bipartisan leadership and staff of
the House and Senate Appropriations Committees, and I urge my
colleagues to support the bill.
Ms. GRANGER. Mr. Speaker, I thank the gentleman from Tennessee for
his important contribution to this bill. He has been wonderful to work
with side by side, and I appreciate that very much.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Tennessee (Mr. Fleischmann), the chairman of the Subcommittee on
Energy and Water Development, and Related Agencies.
Mr. FLEISCHMANN. Mr. Speaker, I thank our wonderful chair for
yielding the time to me, and I really appreciate her kind words.
Mr. Speaker, I rise in strong support of the Consolidated
Appropriations Act for fiscal year 2024, particularly the Energy-Water
Development appropriations bill. As chairman of that subcommittee, I
worked hard to ensure the bill includes many House Republican
priorities.
At a total of $58.2 billion, the bill advances our national security,
energy security, and economic competitiveness in a fiscally responsible
manner.
To support our nuclear deterrent, the bill funds the National Nuclear
Security Administration at $24.1 billion, an increase of almost $2
billion above fiscal year 2023. Specifically, the bill fully funds all
major weapons and infrastructure modernization activities, including
the W93 warhead, the nuclear sea-launched cruise missile, which is a
variant of the B61 gravity bomb, and the restart of plutonium pit
production capability.
On the nondefense side of the bill, I was very pleased to be able to
secure increases for the funding of the Department of Energy Office of
Science, including fusion energy science. This funding will enhance
America's role as the global leader of scientific discovery and lay the
foundation for future scientific breakthroughs.
The programs funded in the Energy-Water Development bill also help
improve our Nation's energy security. To reduce our reliance on foreign
sources of critical materials, the bill provides strong support for the
full spectrum of production technologies.
Remaining a leader in nuclear technologies will ensure reliable
energy here at home and will help allies across the globe.
The bill sustains the Department of Energy's nuclear energy base
program and also redirects previously appropriated funds to higher
priorities, specifically: $2.8 billion to develop domestic capability
for producing low-enriched uranium, including high-assay low-enriched
uranium that will be necessary for upcoming advanced reactors, and $910
million to support advanced modular reactor design and deployment
activities.
There are many other important provisions in this Energy-Water
Development bill, but before my time is up, I congratulate Chairwoman
Granger on bringing together this appropriations package. I also
acknowledge the efforts of our colleagues across the aisle, especially
my ranking member, Ms. Kaptur, and our colleagues across the Capitol.
Finally, I thank the staff for all of their hard work throughout this
past year: our majority staff, Angie, Perry, Nora, Richie, Scott,
Angelina, and Janet; in my personal office, Daniel and Ian; and on the
minority side, Scott, Jocelyn, and Adam.
Mr. Speaker, this is a strong bill for America with many House
Republicans' priorities, and I urge my colleagues to vote ``yes.''
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), the distinguished ranking member of
the
[[Page H966]]
Subcommittee on Military Construction, Veterans Affairs, and Related
Agencies.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentleman for
yielding.
As the MILCON-VA subcommittee ranking member, I support this minibus
not only because we blocked nearly all poison pill policy riders but
also because it includes major Democratic priorities.
We restored military construction funding to $2 billion above the
budget request, dedicated resiliency and PFAS remediation funding, and
boosted DOD housing oversight.
We held strong on our commitment to veterans by providing $121
billion for VA medical care, increased and protected funding for
gender-specific care for women, and blocked Republican attempts to
further restrict women's abortion access and counseling.
I am so pleased my friend, Chairman Carter, and I joined forces to
end harmful VA research on dogs, cats, and nonhuman primates within 2
years.
President Biden and Congress built a minibus that lowers costs,
creates jobs, funds food and housing lifelines, and fortifies America's
energy independence with cutting-edge climate research.
In other parts of this bill, I am proud we fully fund Everglades
restoration at the President's budget request of $415 million.
President Biden has delivered time and time again for Florida's
environment and Everglades restoration specifically. This funding
allows restoration projects like the EAA Reservoir to continue to move
forward so that we can save America's Everglades.
Finally, these bills provide millions of dollars for community
project funding back home. I secured more than $15 million in local
projects headed toward Broward County, and communities across America
will see similar assistance.
In my community, that means funding to house veterans and help raise
local streets in Hollywood to mitigate climate change. It means vital
help for law enforcement to conduct more detailed investigations of
human trafficking cases. I was able to secure support for local reef
preservation; genetic disease research; water, sewer, and drainage
upgrades; as well as help to fix nagging local infrastructure repairs
that my constituents navigate every day.
Mr. Speaker, for all of these reasons, I urge my colleagues to
support this minibus.
Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Maine (Ms. Pingree), the distinguished ranking member of the
Subcommittee on Interior, Environment, and Related Agencies.
Ms. PINGREE. Mr. Speaker, I thank the gentleman for yielding the
time.
I, too, rise to support the fiscal year 2024 Consolidated
Appropriations Act. I particularly thank Ranking Member DeLauro for her
leadership and perseverance in working on this. I also thank my chair
on the committee, Chairman Simpson, who is a pleasure to work with. I
appreciate his collaboration and partnership throughout this process.
I thank Chairwoman Granger for her work on this and to all the staff
who have made all the difference in us being able to put this together.
As my colleague, Chairman Simpson, said, this wasn't necessarily an
easy bill. It is never easy to make cuts to programs that I consider
vital and particularly important to what we do, but I am pleased that
this bill continues our investments to care for our planet, fight the
climate emergency, and meet our trust obligations to Tribal nations.
This bill rejects the $13 billion in devastating cuts imposed in the
House Republican bill originally and does not include more than 100
poison pill policy riders.
The bill provides necessary resources to deal with the threat of
wildfires in the West and additional funding to continue the
Infrastructure Investment and Jobs Act's pay supplement for wildland
firefighters.
The bill also protects arts and humanities, maintaining the enacted
funding level for the National Endowment for the Arts and the National
Endowment for the Humanities, supporting arts in communities across
this country.
Finally, this bill supports Native American families by investing in
a strong and resilient Indian Country, including through education and
healthcare programs.
Mr. Speaker, these are important investments to all Americans, and I
urge my colleagues to support this bill.
Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Pennsylvania (Mr. Cartwright), the ranking member of the
Subcommittee on Commerce, Justice, Science, and Related Agencies.
Mr. CARTWRIGHT. Mr. Speaker, I thank the gentleman for the time, and
I rise in support of this bill.
The Commerce-Justice-Science division of this bill preserves solid
funding for an array of important public investments.
For example, the Manufacturing Extension Partnership program is level
funded at $175 million. That is so important. The bill provides strong
and continued level funding for NOAA climate research and NASA Earth
science.
Before I go on, I have some thank-yous to hand out. We have an
incredibly hardworking staff. Bob Bonner, Shannon McCully, Faye Cobb,
and Nora Faye spent countless sleepless nights working on this enormous
project for this bill.
We can't leave out Chris Bigelow, Raquel Spencer, Adam Wilson, and
Jason Gray. These people have been indispensable in putting together
this monumental piece of legislation.
I am thankful for the very hard work of Chair Kay Granger and
Chairman Hal Rogers, my counterpart on the Commerce, Justice, Science,
and Related Agencies Subcommittee.
I am also thankful for the members of my subcommittee on the
Democratic side: Grace Meng of New York, Dutch Ruppersberger and David
Trone of Maryland, and Joe Morelle of New York. They have all worked
hard on this, Mr. Speaker, and I am thankful for the very hard work put
in by Ranking Member DeLauro and especially by our leader, Hakeem
Jeffries. These people together forced the removal of nearly 70 bad
policy riders covering environmental policy, immigration, women's
health, culture war issues, and more, including the removal of more
than a dozen harmful gun riders.
This bill provides robust funding for community policing and local
justice assistance grants. It rejects the GOP's proposed cut of $400
million from the FBI--the FBI which protects us from all sorts of
murder and mayhem, the elite police force of our Nation. We couldn't
cut it like that, and we wouldn't let it happen.
This bill provides $13 million in increases for programs under the
Violence Against Women Act, continued level funding for grants under
the community violence intervention and prevention program, the STOP
School Violence Act, and the Victims of Child Abuse Act grants.
Its level funding for correctional officers in the Bureau of Prisons
is so important.
It provides a solid increase of $8 million for the DOJ Antitrust
Division to help keep prices low in this country because they will get
away from us if we don't enforce our antitrust laws.
I am also proud that we secured continued level funding for the Legal
Services Corporation.
Mr. Speaker, the CJS appropriations agreement represents a solid
effort to preserve these priorities, and I urge our fellow Members to
support it.
Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield 2 minutes to my colleague and friend
from the State of Texas (Mr. Roy).
Mr. ROY. Mr. Speaker, I thank the gentleman from California for
yielding.
I note that we have only really had now two people speak in
opposition to the bill out of the 40 minutes it has been on the floor,
and that is just the reality of what we deal with here.
The fact of the matter is all of this is a shell game. Last year,
Republicans were presented with a bill. It was supposed to cap spending
at $1.59 trillion. Now, we have legislation that will do no such thing.
Republicans will go around and talk about how they scored major wins,
how they somehow delivered for the American people. The fact of the
matter is we did no such thing.
[[Page H967]]
We signed up for caps at $1.59 trillion. We could have had $1.56
trillion if we would have passed a CR this year that would have
triggered the caps.
{time} 1345
The Limit, Save, Grow Act that we passed is 1.471 trillion, but we
are not doing that. We are going to blow the lid off of caps of $1.66
trillion. That is what we are actually going to do, while my Republican
colleagues are going to run around and say that they somehow delivered
cuts by saying $24 billion of cuts off of a CR that not one Member of
this body could come down to the floor and explain.
I would take that challenge. If any Member of the body can come down
and explain to the American people in terms that they can understand,
explain it. Explain exactly what the cuts look like.
What you will get are things like, oh, we cut 7 percent out of the
FBI. What they won't tell you is 95 percent of that cut is eliminating
an earmark from Richard Shelby because Richard Shelby is no longer here
to defend his pet project building back in Alabama.
They are going to say, oh, look, we are cutting the Department of
Justice and the FBI. The truth of the matter is, we didn't get any of
the major wins that we worked all last year to get--all of these things
like defunding the sanctuary cities refusing to report criminal aliens.
That is gone. All of these measures are not in the bill.
I rise in opposition to this legislation. I hope my Republican
colleagues will oppose it. We deserve to deliver for the American
people the way we said we would to cut spending and secure the border
of the United States.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I need to shine a light on an ugly truth buried deep in
section 413 of this bill. What is this section all about?
When a veteran applies for benefits they have earned, they are
screened to make sure that they are competent to use those benefits to
not take advantage of. If a veteran is determined to be mentally
incompetent, they are appointed a fiduciary, and by law, they are
reported to the National Instant Criminal Background Check System,
otherwise known as the NICS list.
A determination of mental competency is typically based on very
serious mental health conditions like schizophrenia and dementia, and
there are various serious reasons why a person with those conditions
should not be able to purchase a firearm.
It is also the case that firearms are used in 68 percent of veterans'
death by suicide. Suicide is a serious problem among veterans, and
since I have had the honor to be on the Veterans' Affairs Committee, I
have fought to prevent the scourge of veteran suicide.
So why on Earth would this Congress cede one more important safeguard
against a veteran's death? I personally cannot, and that is why I
cannot support this bill.
Republicans have pushed this type of provision for over a decade. I
know because I have fought every year against this provision. They have
done so with misinformation and fearmongering. Democrats have
successfully fought this legislation in committee, which is why
Republicans did not have the courage to bring this to the floor in the
light of day and to have this body consider it through the normal
process through regular order.
Instead, they crammed it into this must-pass bill, enacting policy
through the back door of a spending bill. They have abandoned all of
their other so-called priorities because they wanted this so badly.
They wanted so badly to make sure that vulnerable veterans could access
more firearms.
This is wrong. Lives are on the line. Veterans' lives are on the
line, and I will not agree to legislation that will cause more people's
lives to be lost to gun violence.
House Democrats have been working to put people over politics, but it
is clear that the Republican majority is content to put politics over
veterans, including prioritizing politics over veterans' lives.
Mr. Speaker, I include in the Record the Statement of Administration
Policy on H.R. 4366 and a statement from the Giffords organization,
which both speak to the harm of this provision.
Statement of Administration Policy
H.R. 4366--Consolidated Appropriations Act, 2024--Rep. Granger, R-TX)
The Administration strongly urges swift passage of H.R.
4366, making appropriations for fiscal year 2024, and for
other purposes. This bipartisan legislation represents a
compromise and neither side got everything it wanted, but it
would prevent a damaging shutdown of several key agencies,
protect key priorities and make progress for the American
people.
H.R. 4366 includes important investments that advance a
range of key national priorities, building on the progress
that has been made over the past three years both in annual
appropriations and through legislation like the Inflation
Reduction Act and Bipartisan Infrastructure Law. The bill
fully funds the Special Supplemental Nutrition Program for
Women, Infants, and Children, protecting essential benefits
for millions of women and children across the Nation. The
bill also maintains rental assistance for millions of
families. and expands assistance to an additional 3,000
households. The bill also sustains critical infrastructure
programs, maintains pay raises for Federal wildland fire
fighters, and fully funds veterans' medical care. In
addition, the bill also increases funding for rural housing
assistance, the Federal Aviation Administration, the Violence
Against Women Act, and science investments at the Department
of Energy.
The Administration applauds the inclusion of other key
priorities, including the Compacts of Free Association, which
represents the bedrock of America's broader strategic
interests and engagements in the Indo-Pacific. The
Administration also appreciates the extension of several
vital health care programs, including the Special Diabetes
Program, as well as a seven-year extension of the
Undetectable Firearms Act.
While the Administration is pleased that hundreds of poison
pill provisions and extreme funding cuts were rejected, the
Administration opposes the language included in the bill that
would potentially undermine the ability of the Veterans'
Affairs Department to report a beneficiary to the National
Instant Criminal Background Check System to keep guns out of
the hands of those prohibited under Federal law from
purchasing or possessing firearms. The Administration remains
committed to exploring every possible pathway to keep guns
out of the hands of those who shouldn't have them and ensure
the safety of these individuals and their communities.
The Administration urges the Congress to send this critical
legislation to the President's desk for signature without
delay and to quickly act on the remaining funding bills as
well as the bipartisan national security supplemental.
____
[From GIFFORDS, Mar. 5, 2024]
Contact: Mary Yatrousis.
Spending Bills Make Americans Less Safe
Washington, DC.--Today, GIFFORDS, the national gun violence
prevention organization founded by former Congresswoman
Gabrielle Giffords, condemned the FY 2024 Consolidated
Appropriations Act. The funding bill makes cuts to law
enforcement agencies essential to curbing gun violence and
weakens the country's gun safety laws.
The legislation includes a harmful provision that will
enable veterans who have been deemed ``incompetent'' by the
Department Veterans Affairs (VA) to purchase a firearm by
withholding information from the National Instant Criminal
Background Check System (NICS). Currently, veterans with this
designation, who are often at elevated risk of suicide, are
prohibited from having guns and data is submitted to NICS in
order to prevent these veterans from purchasing firearms.
According to the latest National Veteran Suicide Prevention
Annual Report from the Veterans Administration, more than 17
veterans died by suicide each day in 2021.
Vanessa N. Gonzalez, GIFFORDS Vice President of Government
and Political Affairs:
``These flawed funding bills gut critical law enforcement
agencies and public safety programs, undermining the historic
gun safety progress made in the last few years. After
increased investment in gun violence prevention and the
landmark passage of the Bipartisan Safer Communities Act,
which included support from key Republican leaders, this
country saw a drop in homicides in 2023 for the first time in
years. But with these dangerous policies enabling easier
access to firearms for those most at risk and significant
funding cuts, our families and communities will be
endangered.
``Republicans and Democrats alike failed to prioritize
public safety in this bill by including a dangerous gun lobby
provision to block the VA from protecting veterans who may be
at risk of suicide. Republicans duck the issue of gun
violence and instead blame mental illness, then fight to
allow individuals with diminished mental capacity unfettered
access to guns. We need leaders in Congress who will stand up
for the families and the communities they represent and fight
to save lives--even when it's hard.''
The FY 2024 Consolidated Appropriations Act contains six
funding bills including Commerce, Justice, Science, and
Related Agencies (CJS) Appropriations Act and the Military
Construction, Veterans Affairs, and Related Agencies
Appropriations Act. The legislation includes major cuts to
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
and the FBI, as well as to major public safety programs like
grants to states to
[[Page H968]]
upgrade criminal and mental health records in NICS, and the
Matthew Shephard and James Byrd, Jr. Hate Crime Prevention
Act grants.
Mr. TAKANO. Mr. Speaker, I will not rest until this rider is gone
from any future appropriations bill, and I urge my colleagues to join
me in that effort.
For now I must oppose this bill. There are a lot of good things in
this bill, and I don't ask my colleagues to join me in opposing this
bill. I have a great deal of respect for my good friend, the ranking
member of the Appropriations Committee, Ms. DeLauro, and the
significant amount of work that went into this, but I must follow my
conscience because of my responsibilities to veterans.
Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Mr. TAKANO. Mr. Speaker, I have no further speakers, and I yield
myself the balance of my time for the purpose of closing.
I sadly must oppose the bill, but I do not urge my colleagues to do
the same.
Mr. Speaker, I yield back the balance of my time.
Mrs. RADEWAGEN. Mr. Speaker, I rise today in support of the 2024
Consolidated Appropriation Act and the inclusion of language from the
Compact of Free Association Amendments Act. As a Member of Congress who
has lived my personal as well as my civic life among the peoples and
leaders of the Pacific Island nations and territories, I want first to
recognize here the inclusive leadership of Speaker Johnson, House
Natural Resources Committee Chairman Westerman, and House Foreign
Affairs Chairman McClure. Each of these leaders in our current House
Majority reached out for my insights and perspectives as a House member
who comes from the Pacific, regarding this legislation approving
renewal of the Compact of Free Association.
I also join all stakeholders in the future success of America's
relations with the U.S. aligned nations of the Pacific, as well as our
American territories, in expressing deep gratitude for the bipartisan
and bicameral coordination and cooperation in Congress on COFA renewal
from 2020 to 2024. As House and Senate committee members we provided
necessary policy guidance to the President, National Security Council,
State Department, and Interior Department, making clear Congressional
interests and expectations that would need to be addressed before
statutory ratification by both Houses of terms included in COFA renewal
agreements.
This bipartisan cooperation included the support of House Natural
Resources Committee Ranking Member Grijalva and House Foreign Affairs
Committee Ranking Member Meeks. Both colleagues cosponsored H.J. Res.
96 with Chairman Westerman and Chairman McClure. Thereby endorsing the
original COFA renewal bill that has been inserted in the bill we
approve today, which was developed through the bicameral and bipartisan
cooperation with the leadership and staff of the Senate Energy and
Natural Resources Committee and Senate Foreign Relations Committee, in
conjunction with House and Senate hearings on COFA renewal.
Of equal importance, all stakeholders in the COFA success story
should recognize the national leaders and peoples of our COFA partner
nations for strong commitment to the future success of the COFA
alliance. Our closest allies in the Pacific acted with wisdom and
patience during delays in the COFA renewal process due to initial U.S.
negotiating positions that were not feasible in the COFA nations or in
Congress. When ill-advised U.S. positions resulted in failure to
conclude negotiations and approve COFA III before COFA II expired, the
island government heads of state, ministers and chief negotiators
worked with U.S. negotiators and Congress to sustain the COFA II
framework until the job approving COFA III was done.
The Special Presidential Envoy appointed on the bipartisan and
bicameral recommendation from many of us in Congress managed to salvage
the COFA negotiations. Ambassador Yun overcame resistance in some dark
corners of the Executive Branch bureaucracy sufficiently for the COFA
nations to accept and for Congress to approve the package we are
ratifying today.
The PRC communist dictatorship used its presence in the COFA nations
to exploit the delay in COFA approval, attempting to influence
elections, disrupt political and economic processes, and spread
corruption. The dedication of these nations to the COFA alliance
prevailed, and renewal of our 75-year relationship represents the
success of self-determination and self-government over PRC political
warfare and imperialism. That makes what we do today a success for
democracy and freedom as well as the strategic national security
capabilities COFA provides so the U.S. can continue to lead and defend
a free and open Indo-Pacific.
The lesson of history in the Pacific is that funding our Compact of
Free Association with the U.S. aligned Pacific Island nations of Palau,
Federated States of Micronesia and the Marshall Islands could make a
difference between peace and war in the Pacific. The COFA alliances
secure vital U.S. national security interests and redeem promises of
friendship between America as a pacific nation and the peoples of these
strategically located islands first forged in the tragedy and misery of
WWII.
From 1947 to 1986 under a U.N. trusteeship administered by America
the U.S. Congress provided for governance of the islands in Palau,
Micronesia and Marshall Islands under both international self-
determination law and the domestic model of territorial law and self-
government. From 1986 to 2003 under COFA I, the U.S. Congress continued
the policy combining international political status of the Free-
Associated States (FAS) consistent with the domestic territorial model
economic assistance and federal programs.
In 2003, the U.S. renewed COFA for RMI and FSM, but established COFA
trust funds that contemplated reliance on proceeds of investment in
lieu of continued direct U.S. economic assistance in 2023. Section
354(c) of the 2003 COFA created asymmetry between the certainty of U.S.
defense rights and uncertainty about whether trust fund proceeds would
be sufficient to sustain a politically feasible balance of burdens and
benefits for the FAS established under the U.N. trusteeship and COFA I.
That same uncertainty was created by terms the U.S. offered to renew
Palau's COFA I in 2010. What seemed to emerge was a U.S. State
Department policy seeking to reduce and inevitably phase out all or
most of the domestic economic and federal program features of COFA.
U.S. ambassadors in the FAS and region openly explained that closure of
the Office of Freely Associated State Affairs was due to U.S. plans to
ratchet down COFA economic cost so those nations would have relations
with American more like all Pacific Island Forum nations.
Until reversed after Congress objected, in the 2020-2023 period, the
U.S. position in COFA renewal negotiations continued the 2003 State
Department policy scaling back U.S. economic assistance and federal
programs. Beginning in 2020 leaders in Congress on COFA renewal
oversight called for revision and reform of U.S. negotiating playbook
to restore the balance of special U.S. defense rights and special
economic assistance and programs under the trusteeship and COFA I.
That restoration of sustainable balance of burdens and benefits will
be attained by approval of the Compact of Free Association Amendments
Act of 2024 (COFA) pursuant to Division G, Title II of the legislation
we approve today will bring to culmination a successful bi-partisan and
bicameral Congressional process for statutory ratification of
international agreements renewing our Compacts with the FSM, RMI and
Palau. This effort included the House Natural Resources Committee
report to the full House approved by unanimous consent on November 8,
2023, supporting approval of the H.J. Res. 96, the original bipartisan
bill to approve the COFA amendment agreement package completed for all
three COFA partner nations on October 16, 2023.
This was not merely a parliamentary feat for the Chairman or
Committee majority, because HNRC approval set in motion timely
confirmation by all relevant House and Senate committees that H.J. Res.
96 was ready for floor action in both chambers. This reflects
responsible bipartisan and bicameral recognition by our leadership in
both Houses that the U.S. gets no better return on investment of
taxpayer dollars than we do on international security and defense
alliances under COFA. Specifically, COFA entails obligations of $7.1
billion for exclusive strategic control for 20 years over military
access to the vast and vital mid-Pacific Sea lanes, islands and
airspace of the COFA nations that straddle the equator across the
western and northern Pacific.
Still, even after the strategic and foreign policy necessity of COFA
approval was recognized, the pathway to authorization and appropriation
of funding for mostly mandatory economic assistance grants and
discretionary programs for the COFA nations--over 20 years from FY 2004
through 2043--was not certain until application of budget rules for
Congressional disposition of the 2024 national security emergency
appropriations legislation to which COFA had been linked were
determined.
We now have in the legislation before us an agreed framework for
approving ways and means to meet fiscally responsible economic
assistance commitments that sustain the COFA alliances with the
Republic of Palau, Republic of the Marshall Islands and the Federated
States of Micronesia. However, the real
[[Page H969]]
work of defending democracy, rule of law and political as well as
economic freedom in the American aligned Pacific nations does not end
but rather begins anew with approval of the three bilateral COFA
agreements we renew with this legislation.
The threat of PRC and its surrogate regimes to the U.S. homeland from
Guam and Northern Mariana Islands to Hawaii is matched by aggressive
PRC political warfare in the Pacific Island COFA ally nations of Palau,
Marshall Islands and Federated States of Micronesia. Destabilizing our
COFA partner nations is a primary goal of the PRC in its menacing plan
to surround and subjugate Taiwan through economic, political and if
necessary, military coercion. U.S. failure to sustain the COFA firewall
protecting democracy in the region will expose U.S. territories, our
COFA allies and our western border states to impacts of political
aggression, economic coercion and destabilization that will accelerate
migration from the COFA countries in the decades ahead.
Just as it was during the first half of the 20th century in the era
of Japanese imperialism leading to WWII in the Pacific, in the third
decade of the 21st century PRC imperialism seeks domination and control
of the Micronesian region as a platform to gain strategic control of
the greater Oceanic region. Now referred to as the Blues Continent, the
islands and archipelagoes of the mid-Pacific can join and unite Asia
and the Americas to promote freedom and prosperity or descend into
conflict and confrontation. COFA comparably is to peace and security in
the Pacific what we hope NATO will continue to be in Europe.
That is why on September 18, 2023, as Chair of the House Natural
Resources Committee Task Force on the Indo-Pacific, I wrote to the
Chair and Ranking Member of that House Committee and the Senate
Committee on Energy and Natural Resources, urging approval of the
Compact of Free Association (COFA) between the U.S. and our three
closest strategic allies in the Indo-Pacific, Palau, Marshall Islands
and Federated States of Micronesia. At that time, the 2003 COFA II
agreement was set to expire and regrettably did so at the end of FY
2023.
Inclusion of some but not all of the COFA agreement funding for FY
2024 proposed in the COFA renewal agreements under the temporary
spending measures after October 1 did not send the strong signal of
strategic stability and continuity of U.S. commitment our COFA alliance
partner nations needed to counter PRC political warfare threatening
America's seven-decade success preserving peace in a free and open
Indo-Pacific. That initial failure to provide funding in the Pacific to
sustain partnership with our closest allies in the Pacific for the next
two decades at this juncture was a miscalculation and self-defeating
U.S. policy that we are correcting and ending today.
We supported our leadership in finding a path forward, replacing
delay and misdirection caused by initially failed U.S. negotiating
positions on COFA renewal agreements with approvals and funding
authorization also will end political jousting and gambling with our
strategic interests in the Pacific. As noted, Congress will need to
exercise oversight of COFA III implementation to ensure provisions of
this new COFA III package enacted as federal stature not as a Senate
ratified treaty are implemented as statutory mandate by all federal
authorities, not as merely policies to be modified or altered in
implementation at discretion of federal officials.
That is particularly true as to the U.S. Department of Education and
Department of Veteran Affairs programs, the operations of the State
Department office responsible for COFA implementation under direction
of the Interagency Group on Free Associated States Affairs, fiscal
accountability standards applied by the Secretary of the Interior to
monitor and manage economic assistance grants and coordinate federal
programs, and the procedures and practices of the RMI and FSM Trust
Fund Committee. The latter includes Congressional oversight to ensure
that funding for extraordinary or exceptional circumstances in the RMI
under Article 18 of the RMI COFA Trust Fund Agreement are used to
address the legacy of U.S. nuclear testing in the RMI. That means that
such funds shall be applied for the benefit and to meet needs of the
people of the atolls specified and named in Article 18 related to the
effect of the nuclear testing program on the people and environment in
those similarly situated island peoples.
As confirmed by the President's Special Envoy in testimony on this
COFA renewal package before Senate and House committees, the unique
``political and moral'' responsibilities and commitments of the U.S. to
the RMI related to the nuclear testing legacy now continuing under
Article 18 of the COFA Trust Fund Agreement includes not only past and
present but future measures that further implement the Section 177
Agreement. The provisions of the Section 177 Agreement incorporated
into this legislation confirm that the entirety of the agreement
remains in full effect, and that all provisions of that settlement
continue to apply according to the terms of COFA I, COFA II and COFA
III.
That continuity of law regarding the Section 177 Agreement includes
the relevant provisions of Section 103 of COFA I pursuant to P.L. 99-
239 and Section 103 of COFA II pursuant to P.L. 108-188, as well as the
still authoritative jurisprudence of Juda v. U.S., 13 Claims Court 667
(1987) relating to retained jurisdiction of federal courts. That
specifically ensures that in accordance with Section 177(b) of the
U.S.-RMI COFA, when measures taken under the Section 177 agreement end
the amounts provided--under mutually agreed and/or ex gratia terms--the
outcome of U.S. actions under the settlement must constitute just and
adequate compensation.
Reversing the miscalculations of the 2003 COFA acts for FSM and RMI
and the 2010 Palau COFA agreement that created uncertainty about post-
2023 COFA economic assistance terms is achieved under the COFA III
terms we approve today, which anticipate continuity in the COFA
alliance not only for 20 years but continuing after 2043. That is
imperative because COFA security rights for America and the COFA
nations of the Pacific are imperative. Just as our southern border must
be secured, our homeland borders and strategic boundaries in the
Pacific, including Hawaii, Guam, CNMI, American Samoa and west coast,
must be secured consistent with America's leadership of the free world.
The SPEAKER pro tempore (Mr. Bucshon). The question is on the motion
offered by the gentlewoman from Texas (Ms. Granger) that the House
suspend the rules and agree to the resolution, H. Res. 1061.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. GRANGER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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