[118th Congress Public Law 42]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 25]]
Public Law 118-42
118th Congress
An Act
Making consolidated appropriations for the fiscal year ending September
30, 2024, and for other purposes. <<NOTE: Mar. 9, 2024 - [H.R. 4366]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2024.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2024''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of the Interior
[[Page 138 STAT. 26]]
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. <<NOTE: 1 USC 1 note.>> 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. <<NOTE: President.>> 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.
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DIVISION A-- <<NOTE: Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2024.>> 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, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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
[[Page 138 STAT. 28]]
by law, $2,741,424,000, to remain available until September 30, 2028:
Provided, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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
[[Page 138 STAT. 29]]
made available under this heading, $270,461,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Army National Guard'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $295,526,000, to remain available until September
30, 2028: Provided, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> That, of the
amount, not to exceed $6,495,000 shall be available for study, planning,
design,
[[Page 138 STAT. 30]]
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, <<NOTE: Determination. Notification.>> 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.
[[Page 138 STAT. 31]]
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
[[Page 138 STAT. 32]]
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. <<NOTE: Contracts. Approval.>> 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. <<NOTE: Certification.>> 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. <<NOTE: Determination.>> 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. <<NOTE: Notification.>> 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. <<NOTE: Steel.>> None of the funds made available in this
title may be used for the procurement of steel for any construction
project or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. <<NOTE: Notification.>> 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. <<NOTE: Contracts. Japan.>> None of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the
[[Page 138 STAT. 33]]
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. <<NOTE: Kwajalein Atoll. Contracts.>> 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. <<NOTE: Notification. Military exercise. Time period.>>
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. <<NOTE: Time periods. Notifications. Determination.>>
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
[[Page 138 STAT. 34]]
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. <<NOTE: 10 USC 2821 note.>> 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, <<NOTE: Time
periods. Notifications.>> 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, <<NOTE: Reports.>> 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. <<NOTE: Time period. Determination.>> 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
[[Page 138 STAT. 35]]
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, <<NOTE: Deadline. Expenditure
plan.>> 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. <<NOTE: Allotment. Contracts.>> 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
[[Page 138 STAT. 36]]
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. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional defense committees'' means the Committees on Armed
Services of the House of Representatives and the Senate, the
Subcommittee on Military Construction and Veterans Affairs of the
Committee on Appropriations of the Senate, and the Subcommittee on
Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
Sec. 128. For an additional amount for the accounts and in the
amounts specified for planning and design and unspecified minor
construction, for improving military installation resilience, to remain
available until September 30, 2028:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$7,500,000; and
``Military Construction, Air Force'', $7,500,000:
Provided, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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
[[Page 138 STAT. 37]]
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, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Approvals.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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
[[Page 138 STAT. 38]]
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, <<NOTE: Deadline. Expenditure plan.>> 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. <<NOTE: Cuba.>> 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.
__________
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 39]]
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, <<NOTE: Reimbursement.>> 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, <<NOTE: Reimbursement.>> 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.
[[Page 138 STAT. 40]]
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $12,701,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2023, to remain available until expended; and, in
addition, $135,119,422, which shall become available on October 1, 2024,
to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2024, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $316,742,419.
vocational rehabilitation loans program account
For the cost of direct loans, $78,337, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,026,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $460,698, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $2,718,546.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $3,899,000,000:
Provided, <<NOTE: Determination.>> 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)
[[Page 138 STAT. 41]]
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, <<NOTE: Drugs and drug abuse.>> 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
[[Page 138 STAT. 42]]
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,
[[Page 138 STAT. 43]]
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
[[Page 138 STAT. 44]]
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$6,401,000,000, plus reimbursements: Provided, That $1,606,977,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2025: Provided further, That
$4,668,373,000 shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30, 2025, and of
which $75,288,000 shall remain available until September 30, 2028, for
the purpose of facility activations related to projects funded by the
``Construction, Major Projects'', ``Construction, Minor Projects'',
``Medical Facilities'', ``National Cemetery Administration'', ``General
Operating Expenses, Veterans Benefits Administration'', and ``General
Administration'' accounts: Provided further, That $125,650,000 shall be
for information technology systems development, and shall remain
available until September 30, 2025: Provided
further, <<NOTE: Approvals.>> 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, <<NOTE: Time period. Approvals.>> 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 <<NOTE: Reports.>> 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, <<NOTE: Effective
date.>> 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--
[[Page 138 STAT. 45]]
(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) <<NOTE: Outline.>> 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) <<NOTE: Certification.>> 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, <<NOTE: Notification. Approval.>> 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
[[Page 138 STAT. 46]]
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, <<NOTE: Reimbursement.>> 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, <<NOTE: Contracts. Deadlines.>> 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 <<NOTE: Reports.>> 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
[[Page 138 STAT. 47]]
which are necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary to prevent
or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $171,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $60,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2024 for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, <<NOTE: Approval. Time
period.>> 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. <<NOTE: Notifications. Approvals.>> 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.
[[Page 138 STAT. 48]]
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. <<NOTE: Reimbursement.>> 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. <<NOTE: Time period.>> 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. <<NOTE: Reimbursement.>> 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, <<NOTE: Determination.>> 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.
[[Page 138 STAT. 49]]
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, <<NOTE: Cost estimates.>> 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. <<NOTE: Disclosure. Reimbursement.>> 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
[[Page 138 STAT. 50]]
(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. <<NOTE: Contracts. Alaska. Native Americans.>> 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. <<NOTE: Requirements. Compliance.>> The Secretary shall require
participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the
Secretary. <<NOTE: Definition.>> 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. <<NOTE: Reports.>> Not later than 30 days after the end
of each fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2024 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, <<NOTE: Approvals.>> 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.
[[Page 138 STAT. 51]]
(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, <<NOTE: Notification.>> 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 <<NOTE: Repeal. 136 Stat.
4961.>> 220 of title II of division J of Public Law 117-328 is
repealed.
(including transfer of funds)
Sec. 220. <<NOTE: Effective date.>> 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, <<NOTE: Notification.>> 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
[[Page 138 STAT. 52]]
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. <<NOTE: Notifications. Deadlines.>> 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. <<NOTE: Approvals.>> 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. <<NOTE: Reports. Data.>> 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, <<NOTE: Time period.>> 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. <<NOTE: Notification. Deadline.>> 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.
[[Page 138 STAT. 53]]
Sec. 228. <<NOTE: Time period. Notification.>> 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. <<NOTE: Determinations.>> 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 <<NOTE: Approval.>> 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 <<NOTE: Approvals.>> 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 <<NOTE: Approvals.>> 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. <<NOTE: Suicide hotline.>> (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
[[Page 138 STAT. 54]]
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) <<NOTE: Definitions.>> 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) <<NOTE: Study. Time period. Analysis. Data.>> 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) <<NOTE: Determinations.>> 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. <<NOTE: Effective date. Time period.>> 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) <<NOTE: Definitions.>> 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
[[Page 138 STAT. 55]]
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. <<NOTE: Contracts.>> 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) <<NOTE: Discontinuation. Deadline. 38 USC note prec.
5701.>> 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;
[[Page 138 STAT. 56]]
(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. <<NOTE: Applicability.>> 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. <<NOTE: Time periods.>> 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. <<NOTE: Contracts.>> 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. <<NOTE: Time periods. Applicability.>> 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. <<NOTE: Records. Compliance.>> (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) <<NOTE: Reports.>> 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.
[[Page 138 STAT. 57]]
Sec. 245. <<NOTE: Notifications. Proposal. Deadline.>> 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. <<NOTE: Time periods. Applicability.>> 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. <<NOTE: Research and development. Effective
date. Animals. Approval. 38 USC 303 note.>> (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) <<NOTE: Certification.>> The Secretary of Veterans Affairs
may approve the conduct of research commencing on or after the date of
enactment of this Act, using canines, felines, or non-human primates if
the Secretary certifies that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates and
cannot be met using other animal models, in vitro models,
computational models, human clinical studies, or other research
alternatives;
(B) such scientific objectives are necessary to advance
research benefiting veterans and are directly related to an
illness or injury that is combat-related as defined by 10 U.S.C.
1413(e);
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document; and
(D) ethical considerations regarding minimizing the harm
experienced by canines, felines, or non-human primates are
included in evaluating the scientific necessity of the research.
(2) The Secretary may not delegate the authority under this
subsection.
(c) <<NOTE: Reports.>> 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.
[[Page 138 STAT. 58]]
(d) <<NOTE: Reports.>> 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) <<NOTE: Deadlines. Inspections.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Plan. Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Assessment.>> an assessment of the veteran-to-
staff ratio for each such program; and
(2) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Time periods.>> 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
[[Page 138 STAT. 59]]
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, <<NOTE: Execution plan. Approval. Time period.>> 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. <<NOTE: Reports.>> 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, <<NOTE: Update. Expenditure
plan.>> 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. <<NOTE: Expenditure plan.>> 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, <<NOTE: Reports. Update.>> 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. <<NOTE: Time period. Determination.>> 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.
[[Page 138 STAT. 60]]
(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. <<NOTE: Reports. Analysis. Urban and rural areas.>> 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 <<NOTE: Obligation request. Approvals. Time
period.>> 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 <<NOTE: Notice.>> to obligate such
unobligated balances must provide Congress notice that the entity
described in section 2(a)(2) of Public Law 114-294, as amended, has
exhausted available cost containment approaches as set forth in the
agreement under section 2(c) of such Public Law.
(rescissions of funds)
Sec. 259. Of the unobligated balances from amounts made available
under the heading ``Veterans Health Administration'' from prior
appropriations Acts, including any funds transferred from the Medical
Care Collections Fund to accounts under such heading, $1,951,750,000 is
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were provided under the heading ``Medical and Prosthetic
Research'' or amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided <<NOTE: Rescission plan. Deadline.>> 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.
[[Page 138 STAT. 61]]
(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.
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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.
[[Page 138 STAT. 63]]
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.
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[[Page 138 STAT. 64]]
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. <<NOTE: Web posting. Public
information. Reports. Determination.>> (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) <<NOTE: Time period.>> 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. <<NOTE: Pornography.>> (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-
[[Page 138 STAT. 65]]
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. <<NOTE: Contracts.>> 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. <<NOTE: Detainees. Cuba.>> (a) In General.--None of the
funds appropriated or otherwise made available to the Department of
Defense in this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or possessions to house
any individual detained at United States Naval Station, Guantanamo Bay,
Cuba, for the purposes of detention or imprisonment in the custody or
under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 413. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs under section 5502 of title 38,
United States Code, in any case arising out of the administration by the
Secretary of laws and benefits under such title, to report a person who
is deemed mentally incapacitated, mentally incompetent, or to be
experiencing an extended loss of consciousness as a person who has been
adjudicated as a mental defective under subsection (d)(4) or (g)(4) of
section 922 of title 18, United States Code, without the order or
finding of a judge, magistrate, or other judicial authority of competent
jurisdiction that such person is a danger to himself or herself or
others.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2024''.
[[Page 138 STAT. 66]]
DIVISION B-- <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2024.>> 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, <<NOTE: Reimbursement.>> 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
[[Page 138 STAT. 67]]
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, <<NOTE: Time
period. Notification.>> 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 <<NOTE: Time period. Notification.>> 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
[[Page 138 STAT. 68]]
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).
[[Page 138 STAT. 69]]
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$60,537,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,500,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $1,884,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office: Provided
further, That of the amounts made available under this heading, $500,000
shall be made available for the Office of the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$90,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $187,513,000, of which up to $46,850,000 shall be available
until expended for the Census of Agriculture:
Provided, <<NOTE: Surveys.>> 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 <<NOTE: 7 USC 2254.>> 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 <<NOTE: 7 USC
2254.>> 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
[[Page 138 STAT. 70]]
the fiscal year shall not exceed 10 percent of the current replacement
value of the building or $500,000, whichever is greater: Provided
further, <<NOTE: Contracts.>> 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, <<NOTE: Maryland.>> 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 <<NOTE: Easements.>> 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, <<NOTE: Easements.>> 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,
[[Page 138 STAT. 71]]
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, <<NOTE: Grants. Alaska. Hawaii.>> 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
[[Page 138 STAT. 72]]
Implementation Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $1,617,000: Provided, That funds
made available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,162,026,000, of which up to $14,276,000 shall be for the purposes,
and in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act); of which $500,000, to remain
available until expended, shall be for invasive catfish control; of
which $250,000, to remain available until expended, shall be available
for the control of outbreaks of insects, plant diseases, animal diseases
and for control of pest animals and birds (``contingency fund'') to the
extent necessary to meet emergency conditions; of which $15,500,000, to
remain available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt retirement for
active eradication zones; of which $40,000,000, to remain available
until expended, shall be for Animal Health Technical Services; of which
$35,500,000, to remain available until expended, shall be for
agricultural quarantine and inspection services; of which $3,500,000
shall be for activities under the authority of the Horse Protection Act
of 1970, as amended (15 U.S.C. 1831); of which $65,000,000, to remain
available until expended, shall be used to support avian health; of
which $4,000,000, to remain available until expended, shall be for
information technology infrastructure; of which $215,000,000, to remain
available until expended, shall be for specialty crop pests, of which
$8,500,000, to remain available until September 30, 2025, shall be for
one-time control and management and associated activities directly
related to the multiple-agency response to citrus greening; of which,
$12,000,000, to remain available until expended, shall be for field crop
and rangeland ecosystem pests; of which $21,000,000, to remain available
until expended, shall be for zoonotic disease management; of which
$44,500,000, to remain available until expended, shall be for emergency
preparedness and response; of which $59,000,000, to remain available
until expended, shall be for tree and wood pests; of which $6,000,000,
to remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain
[[Page 138 STAT. 73]]
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 <<NOTE: Brucellosis
eradication.>> 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 <<NOTE: Fees. Reimbursement.>> 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.
[[Page 138 STAT. 74]]
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 <<NOTE: 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, <<NOTE: Notification.>> 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.
[[Page 138 STAT. 75]]
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, <<NOTE: Notification.>> 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 <<NOTE: Employment
positions.>> 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 <<NOTE: Continuation.>> 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.
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 76]]
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: <<NOTE: Reports. Assessment.>> Provided, That
the agency shall submit a report by the end of the fourth quarter of
fiscal year 2024 to the Committees on Appropriations of both Houses of
Congress that identifies for each project/investment that is operational
(a) current performance against key indicators of customer satisfaction,
(b) current performance of service level agreements or other technical
metrics, (c) current performance against a pre-established cost
baseline, (d) a detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment of whether
the investment continues to meet business needs as intended as well as
alternatives to the investment: Provided further, <<NOTE: Payments.>>
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
[[Page 138 STAT. 77]]
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 <<NOTE: Notification. Advance approval.>> 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
[[Page 138 STAT. 78]]
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, <<NOTE: Pink bollworm.>> 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, <<NOTE: Notification. Time period.>> 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
[[Page 138 STAT. 79]]
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, <<NOTE: Applicability.>> 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.
[[Page 138 STAT. 80]]
<<NOTE: Contracts.>> CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business: Provided further, That <<NOTE: Notification. Time
period.>> 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, <<NOTE: Spend plan. Timeline.>> 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).
[[Page 138 STAT. 81]]
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-
[[Page 138 STAT. 82]]
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, <<NOTE: Fees.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Incentives. Determination.>> 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, <<NOTE: Contracts.>>
That the Secretary shall, as part of the preservation and revitalization
agreement, obtain a
[[Page 138 STAT. 83]]
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 <<NOTE: Determinations. Time periods.>> 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, <<NOTE: Contracts.>> That the Secretary may
enter into rental assistance contracts in maturing properties with
existing rental assistance agreements notwithstanding any provision of
section 521 of the Housing Act of 1949, for a term of at least 10 years
but not more than 20 years: Provided further, That any agreement to
enter into a rental assistance contract under section 521 of the Housing
Act of 1949 for a maturing property shall obligate the owner to continue
to maintain the project as decent, safe, and sanitary housing and to
operate the development in accordance with the Housing Act of 1949,
except that rents shall be based on current Fair Market Rents as
established by the Department of Housing and Urban Development pursuant
to 24 CFR 888 Subpart A, 42 U.S.C. 1437f and 3535d, to determine the
maximum initial rent and adjusted annually by the Operating Cost
Adjustment Factor pursuant to 24 CFR 888 Subpart B, unless the Agency
determines that the project's budget-based needs require a higher rent,
in which case the Agency may approve a budget-based rent level:
Provided further, That rental assistance agreements entered into or
renewed during the current fiscal year shall be funded for a one year
period: Provided further, That upon request by an owner under section
514 or 515 of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such loan has
expired, subject to annual appropriations: Provided further, That any
unexpended balances remaining at the end of such one-year agreements may
be transferred and used for purposes of any debt reduction, maintenance,
repair, or rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the Act:
Provided further, That rental assistance provided under agreements
[[Page 138 STAT. 84]]
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, <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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.
[[Page 138 STAT. 85]]
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 <<NOTE: Loans. Grants.>> 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.
[[Page 138 STAT. 86]]
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
[[Page 138 STAT. 87]]
of promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $24,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups; and of
which $13,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946, of
which $1,500,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by section
379E of the Consolidated Farm and Rural Development Act (7 U.S.C.
2008s), $20,000,000.
For the cost of loans and grants, $5,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $50,000,000.
healthy food financing initiative
For the cost of loans and grants that is consistent with section 243
of subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of
the Agricultural Act of 2014, for necessary expenses of the Secretary to
support projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize low-income
communities, $500,000, to remain available until expended: Provided,
That such costs of loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
[[Page 138 STAT. 88]]
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 <<NOTE: Alaska.>> 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, <<NOTE: Determination.>> 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
[[Page 138 STAT. 89]]
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, <<NOTE: Determination.>>
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.
[[Page 138 STAT. 90]]
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, <<NOTE: Grants.>> 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, <<NOTE: Grants.>> That the Secretary may
award grants described in section 601(a) of the Rural Electrification
Act of 1936, as amended (7 U.S.C. 950bb(a)) for the purposes of carrying
out such pilot program: Provided further, That the cost of direct loans
shall be defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot program
shall be in a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a rural area
without sufficient access to broadband shall be defined as twenty-five
megabits per second downstream and three megabits per second upstream:
Provided further, That to the extent possible, projects receiving funds
provided under the pilot program must build out service to at least one
hundred megabits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or grant is
made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband service in a service area by any entity
that has received a broadband loan from the Rural Utilities Service
unless such service is not provided sufficient access to broadband at
the minimum service threshold: Provided further, That not more than
four percent of the funds made available
[[Page 138 STAT. 91]]
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, <<NOTE: Requirements.>> 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.
__________
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 92]]
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
[[Page 138 STAT. 93]]
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 <<NOTE: Waiver authority.>> 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 <<NOTE: Workfare requirements.>> 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,
[[Page 138 STAT. 94]]
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 <<NOTE: Contracts. Studies. Evaluations.>>
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.
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TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $932,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $227,330,000, of which no more than 6 percent shall remain
available until September 30, 2025, for overseas operations to include
the payment of locally employed staff:
Provided, <<NOTE: Reimbursement.>> 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.
[[Page 138 STAT. 96]]
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 <<NOTE: Reimbursement.>> 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''.
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[[Page 138 STAT. 97]]
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
[[Page 138 STAT. 98]]
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 <<NOTE: Determination.>> 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 <<NOTE: Advance
approval.>> transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both Houses of
Congress.
In <<NOTE: Fees.>> 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,
[[Page 138 STAT. 99]]
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j-31,
outsourcing facility fees authorized by 21 U.S.C. 379j-62, prescription
drug wholesale distributor licensing and inspection fees authorized by
21 U.S.C. 353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-party
auditor fees authorized by 21 U.S.C. 384d(c)(8), medical countermeasure
priority review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and
fees relating to over-the-counter monograph drugs authorized by 21
U.S.C. 379j-72 shall be credited to this account, to remain available
until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
demolition, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$5,000,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes under the heading ``Salaries and Expenses'',
$50,000,000, to remain available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts
transferred under section 1002(b)(2)(A) of such Act, and may be
transferred by the Commissioner of Food and Drugs to the appropriation
for ``Department of Health and Human Services Food and Drug
Administration Salaries and Expenses'' solely for the purposes provided
in such Act: Provided further, <<NOTE: Determination.>> 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
[[Page 138 STAT. 100]]
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, <<NOTE: Notification.>> 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.
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[[Page 138 STAT. 101]]
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, <<NOTE: Determination.>> 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, <<NOTE: Notification. Approval. Deadline.>> 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 <<NOTE: Advance
approval.>> 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, <<NOTE: Notification. Advance approval.>> 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 <<NOTE: Notification. Advance
approval.>> 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 <<NOTE: Notification. Advance approval.>> 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
[[Page 138 STAT. 102]]
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 <<NOTE: Notification.>> 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 <<NOTE: Determination.>> 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. <<NOTE: Contracts.>> 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. <<NOTE: Determination. Approvals.>> 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
[[Page 138 STAT. 103]]
Information Technology Investment Review Board:
<<NOTE: Notification.>> Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That notwithstanding section 11319 of title 40,
United States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of written
approval by the Chief Information Officer: Provided further, That the
Chief Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon the
performance of an agency measured against the performance plan
requirements described in the explanatory statement accompanying Public
Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
Rural Utilities Service borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured or
direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2025, for
information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by the
Agricultural Act of 2014 (Public Law 113-79) or by a successor to that
Act, other than by title I or subtitle A of title III of such Act, or
programs for which indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and
[[Page 138 STAT. 104]]
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. <<NOTE: Pornography.>> (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, <<NOTE: Notification. Time
period.>> 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. <<NOTE: Notifications. Approvals. Time period.>> (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
[[Page 138 STAT. 105]]
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
[[Page 138 STAT. 106]]
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) <<NOTE: Confirmation.>> 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. <<NOTE: Fees.>> Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business and
industry loan in an amount that does not exceed 3 percent of the
guaranteed principal portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and Human
Services, non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. <<NOTE: News stories. Notification.>> 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. <<NOTE: Time period. Reimbursement.>> 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. <<NOTE: Deadline. Spending plan.>> 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).
[[Page 138 STAT. 107]]
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. <<NOTE: Determination. Prisons and prisoners.>> 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. <<NOTE: Loans.>> 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 <<NOTE: Notification. Time period.>> 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. <<NOTE: Notification. Advance approval.>> 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 <<NOTE: Applicability. Effective date.>> 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
[[Page 138 STAT. 108]]
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) <<NOTE: Audits. Evaluations.>> 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) <<NOTE: Public information. Reports.>> promptly make
publicly available the final reports of any audits or reviews
conducted pursuant to paragraph (1).
(b) <<NOTE: Applicability.>> 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.
[[Page 138 STAT. 109]]
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. <<NOTE: Iron and steel products.>> (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) <<NOTE: Definition.>> In this section, the term ``iron and steel
products'' means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Waiver request. Public information. Records. Time
period.>> 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 <<NOTE: Web posting.>> 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) <<NOTE: Applicability.>> 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
[[Page 138 STAT. 110]]
if the plans and specifications have received required approvals from
State agencies prior to the date of enactment of this Act.
(g) <<NOTE: Definition.>> 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. <<NOTE: Lobbying.>> 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. <<NOTE: Allocations.>> 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, <<NOTE: Definition.>> 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 <<NOTE: Applicability.>> 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. <<NOTE: Human embryos.>> 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
[[Page 138 STAT. 111]]
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
Sec. 739. <<NOTE: Time periods. School breakfast.>> 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) <<NOTE: Hemp and hemp seeds.>> 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. <<NOTE: Waiver authority.>> 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. <<NOTE: Reports. Foreign investments. Disclosures. 7 USC
3501 note.>> 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, <<NOTE: Deadline. Process. Data.>> 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, <<NOTE: Publication. Plan. Process. Confidentiality.>> 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
[[Page 138 STAT. 112]]
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. <<NOTE: Compliance. 21 USC 343 note.>> (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. <<NOTE: Determination.>> 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. <<NOTE: Contracts. Poultry and poultry
products. Seafood. China. School lunches.>> 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. <<NOTE: Time period. Requirement. School lunches.>> For
school year 2024-2025, only a school food authority that had a negative
balance in the nonprofit school food service account as of June 30,
2023, shall be required to establish a price for paid lunches in
accordance with section 12(p) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(p)).
Sec. 749. <<NOTE: Grants. Science and technology. Research and
development.>> 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.
[[Page 138 STAT. 113]]
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. <<NOTE: Determination.>> 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. <<NOTE: Deadline. Fish and fishing.>> 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. <<NOTE: Termination date.>> 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,
[[Page 138 STAT. 114]]
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. <<NOTE: 12 USC 2128 note.>> 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. <<NOTE: 42 USC 1769 note.>> (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, <<NOTE: Definition.>> 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) <<NOTE: Reimbursement. School lunch. School breakfast.>>
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) <<NOTE: Reports.>> 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. <<NOTE: Listeria monocytogenes.>> 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.
[[Page 138 STAT. 115]]
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. <<NOTE: Assessment.>> 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, <<NOTE: Determination.>> 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. <<NOTE: Determination. 5 USC 5547 note.>> 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, <<NOTE: Effective date.>> 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);
[[Page 138 STAT. 116]]
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 769. <<NOTE: Reimbursement. 42 USC 1758 note.>> 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. <<NOTE: Time periods. 42 USC 1758 note.>> 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. <<NOTE: Alcohol and alcoholic beverages.>> 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 <<NOTE: 136 Stat. 5202.>> (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
[[Page 138 STAT. 117]]
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.''
[[Page 138 STAT. 118]]
Sec. 780. <<NOTE: Applicability. Time periods. 7 USC 940c-2
note.>> 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. <<NOTE: Genetic engineering.>> 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, <<NOTE: Continuation. Urban and rural
areas.>> 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, <<NOTE: Coordination. Publication. Reports.>> 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. <<NOTE: Determination.>> 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
[[Page 138 STAT. 119]]
(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. <<NOTE: Notification. Foreign countries.>> The Secretary
of Agriculture shall, to the maximum extent practicable, notify the
Committee on Foreign Investment in the United States of any agricultural
land transaction that the Secretary of Agriculture has reason to
believe, based on information from or in cooperation with the
Intelligence Community, is a covered transaction (A) that may pose a
risk to the national security of the United States, with particular
emphasis on covered transactions of an interest in agricultural land by
foreign governments or entities of concern, as defined in 42 U.S.C.
19221(a), including the People's Republic of China, the Democratic
People's Republic of Korea, the Russian Federation, and the Islamic
Republic of Iran; and (B) with respect to which a person is required to
submit a report to the Secretary of Agriculture under section 2(a) of
the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C.
3501(a)): Provided, That there is hereby appropriated $2,000,000, to
remain available until expended, in addition to amounts otherwise
provided for such purpose, to carry out this section.
Sec. 788. Of the unobligated balances from prior year
appropriations made available in the ``Working Capital Fund'',
$78,000,000 are hereby rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 789. Of the unobligated balances from prior year
appropriations made available for the ``Community Connect Grant
Program'', $30,000,000 are hereby rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 790. Of the unobligated balances from prior year
appropriations made available under the heading ``Distance Learning,
Telemedicine, and Broadband Program'', other than amounts made available
for the Community Connect Grant Program, $18,891,000 are hereby
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 791. Of the unobligated balances from prior year
appropriations made available for veterinary diagnostics under the
heading ``Animal and Plant Health Inspection Service, Salaries and
Expenses account'', $5,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 792. <<NOTE: Reimbursement. Contracts.>> 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
[[Page 138 STAT. 120]]
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''.
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 121]]
DIVISION C-- <<NOTE: Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2024.>> COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
TITLE <<NOTE: Department of Commerce Appropriations Act, 2024.>> 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 <<NOTE: Applicability. Assessments.>> 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
[[Page 138 STAT. 122]]
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 <<NOTE: Grants. Regulations. Requirement.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Public
information.>> 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.
[[Page 138 STAT. 123]]
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27, 28, and 30 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722,
3722a, and 3723), as amended, $400,000,000 to remain available until
expended, of which $50,000,000 shall be for grants under section 27,
$41,000,000 shall be for grants under section 28, and $2,500,000 shall
be for grants under section 30: Provided, That of the amounts made
available under this heading, $30,000,000 is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further, That any deviation from the amounts
designated for specific activities in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds provided
under this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $68,000,000: Provided, That
funds provided under this heading may be used to monitor projects
approved pursuant to title I of the Public Works Employment Act of 1976;
title II of the Trade Act of 1974; sections 27 through 30 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722-
3723), as amended; and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Minority Business Development Agency
in fostering, promoting, and developing minority business enterprises,
as authorized by law, $68,250,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$125,000,000, to remain available until September 30, 2025.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $328,500,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
[[Page 138 STAT. 124]]
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 <<NOTE: Fees.>> 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, <<NOTE: Reduction.>> That the sum herein
appropriated from the general fund shall be reduced as offsetting
[[Page 138 STAT. 125]]
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, <<NOTE: Reduction.>> 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, <<NOTE: Spending plan.>> 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 <<NOTE: Determination.>> 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
[[Page 138 STAT. 126]]
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 <<NOTE: Spending plan.>> 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
[[Page 138 STAT. 127]]
in that section: Provided further, <<NOTE: Budget estimates. Time
periods. 15 USC 1513b note.>> 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
[[Page 138 STAT. 128]]
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 <<NOTE: Budget estimates. Time periods. 15 USC 1513a note.>>
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, <<NOTE: Grants. State listing. Native
Americans. Conservation. Guidelines.>> 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
[[Page 138 STAT. 129]]
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 <<NOTE: Assessment. Fees.>> 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 <<NOTE: Time period. Reimbursement.>> 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
[[Page 138 STAT. 130]]
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 <<NOTE: Payments. Certification.>> the current
fiscal year, applicable appropriations and funds made available to the
Department of Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent
and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized only
upon the certification of officials designated by the Secretary of
Commerce that such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, <<NOTE: Notification. Time period.>> 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 <<NOTE: Incorporation by reference. Applicability. 33
USC 878a note.>> 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
[[Page 138 STAT. 131]]
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. <<NOTE: Reimbursement.>> 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. <<NOTE: Child pornography.>> 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. <<NOTE: Reimbursement.>> 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. <<NOTE: Records.>> 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 <<NOTE: Fee.>> 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 <<NOTE: Grants. Contracts.>> 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.
[[Page 138 STAT. 132]]
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. <<NOTE: Waiver authority.>> 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. <<NOTE: Notification. Deadline.>> 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. <<NOTE: Payments. Alaska.>> 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''.
[[Page 138 STAT. 133]]
TITLE II <<NOTE: Department of Justice Appropriations Act, 2024.>>
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, <<NOTE: 28 USC 509 note.>> That any reference to the
Department of Justice's ``General Administration'' appropriations
heading (including references that include its subheadings) which
appears in any rule, regulation, provision, law, or other official
document, shall hereafter be deemed a reference to the Department of
Justice's ``Justice Operations, Management, and Accountability''
appropriations heading.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$30,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information technology,
to remain available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer authority
in the preceding proviso is in addition to any other transfer authority
contained in this Act: Provided further, That any transfer pursuant to
the first proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-related
activities of the Executive Office for Immigration Review, $844,000,000,
of which $4,000,000 shall be derived by transfer from the Executive
Office for Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account, and of which not less than $28,000,000 shall
be available for services and activities provided by the Legal
Orientation Program: Provided, That not to exceed $50,000,000 of the
total amount made available under this heading shall remain available
until September 30, 2028, for build-out and modifications of courtroom
space.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet unforeseen
[[Page 138 STAT. 134]]
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, <<NOTE: Term extension.>> 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, <<NOTE: Determination.>>
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
[[Page 138 STAT. 135]]
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, <<NOTE: Fees.>> 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, <<NOTE: Reduction.>> 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 <<NOTE: Human trafficking.>> 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
[[Page 138 STAT. 136]]
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, <<NOTE: Reduction.>> 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, <<NOTE: Determination.>> 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.
[[Page 138 STAT. 137]]
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,692,000,000, of which not to exceed $20,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended: Provided, That of
the amounts made available under this heading, $163,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
construction
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $2,100,000,000, to remain
available until expended: Provided, That of the amounts made available
under this heading, $250,000,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance'' pursuant
to section 4013(b) of title 18, United States Code: Provided further,
That the United States Marshals Service shall be responsible for
managing the Justice Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $128,000,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, <<NOTE: Determination.>> 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,
[[Page 138 STAT. 138]]
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, <<NOTE: Reimbursement.>> 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,
[[Page 138 STAT. 139]]
$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, <<NOTE: 42 USC 250a.>> That the
Attorney
[[Page 138 STAT. 140]]
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, <<NOTE: Contracts. Determination.>>
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, <<NOTE: Donations.>> 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 <<NOTE: Contracts.>> prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
[[Page 138 STAT. 141]]
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
[[Page 138 STAT. 142]]
Authorization Act for Fiscal Year 2023:
Provided, <<NOTE: Applicability. Grants.>> 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, <<NOTE: Grants.>> 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, <<NOTE: Applicability.>> 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:
[[Page 138 STAT. 143]]
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, <<NOTE: Applicability.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Applicability.>>
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, <<NOTE: Applicability.>> 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:
<<NOTE: Applicability.>> 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, <<NOTE: Applicability.>> That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this initiative;
[[Page 138 STAT. 144]]
(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, <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> grant conditions in
section 40002 of the 1994 Act shall apply to this paragraph.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21) (``the PROTECT Act'');
the Justice for All Act of 2004 (Public Law 108-405); the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); the Victims of Child Abuse Act
of 1990 (Public Law 101-647); the Second Chance Act of 2007 (Public Law
110-199); the Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); subtitle C of title II of the Homeland Security Act of
2002 (Public Law 107-296) (``the 2002 Act''); the Prison Rape
Elimination Act of 2003 (Public Law 108-79) (``PREA''); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180); the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198); the First Step Act of 2018 (Public Law 115-391); and other
programs, $65,000,000, to remain available until expended, of which--
(1) $35,000,000 is for criminal justice statistics programs
and other activities as authorized by part C of title I of the
1968 Act; and
(2) $30,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle C of title II of the 2002 Act,
and for activities authorized by or consistent with the First
Step Act of 2018, of which $1,500,000 is for research on
multidisciplinary teams, and not less than $1,500,000 is for
Research and Development in Forensic Science for Criminal
Justice Purposes grants.
[[Page 138 STAT. 145]]
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
[[Page 138 STAT. 146]]
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
[[Page 138 STAT. 147]]
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
[[Page 138 STAT. 148]]
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $51,500,000 for community-based grant programs to
improve the response to sexual assault and apply enhanced
approaches and techniques to reduce violent crime, including
assistance for investigation and prosecution of related cold
cases;
(12) $14,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $50,000,000 for assistance to Indian Tribes;
(14) $117,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007 (Public
Law 110-199) and by the Second Chance Reauthorization Act of
2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which not
to exceed--
(A) $8,000,000 is for a program to improve State,
local, and Tribal probation or parole supervision
efforts and strategies;
(B) $5,000,000 is for children of incarcerated
parents demonstration programs to enhance and maintain
parental and family relationships for incarcerated
parents as a reentry or recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain
sanctions in probation, of which no less than $500,000
shall be used for a project that provides training,
technical assistance, and best practices; and
(D) $10,000,000 is for a grant program for crisis
stabilization and community reentry, as authorized by
the Crisis Stabilization and Community Reentry Act of
2020 (Public Law 116-281):
Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for Pay
for Success projects, of which up to $5,000,000 shall be for Pay
for Success programs implementing the Permanent Supportive
Housing Model and reentry housing;
(15) $420,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant, and
substance use disorders consistent with underlying program
authorities, of which--
(A) $89,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $40,000,000 is for mental health courts and
adult and juvenile collaboration program grants, as
authorized by parts V and HH of title I of the 1968 Act,
and the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $35,000,000 is for grants for Residential
Substance Abuse Treatment for State Prisoners, as
authorized by part S of title I of the 1968 Act;
(D) $32,000,000 is for a veterans treatment courts
program;
[[Page 138 STAT. 149]]
(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
[[Page 138 STAT. 150]]
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
[[Page 138 STAT. 151]]
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, <<NOTE: Determination.>> That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for the
Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); the Law Enforcement Mental Health and Wellness
Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for Patients
and Communities Act (Public Law 115-271); the Supporting and Treating
Officers In Crisis Act of 2019 (Public Law 116-32) (``the STOIC Act'');
and the Law Enforcement De-Escalation Training Act of 2022 (Public Law
117-325), $664,516,000, to remain available until expended: Provided,
That any balances made available through prior year deobligations shall
only be available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading--
(1) $256,168,839 is for grants under section 1701 of title I
of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000 unless the Director
of the Office of Community Oriented Policing Services grants a
waiver from this limitation: Provided further, That of the
amounts appropriated under this paragraph, $34,000,000
[[Page 138 STAT. 152]]
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, <<NOTE: Investigations. Drugs and drug abuse.>> 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 <<NOTE: Investigations. Drugs and drug abuse.>> 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).
[[Page 138 STAT. 153]]
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. <<NOTE: Abortion.>> 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. <<NOTE: Abortion.>> 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. <<NOTE: Prisons and prisoners. Abortion.>> 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. <<NOTE: Prisons and prisoners.>> 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. <<NOTE: Prisons and prisoners.>> (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. <<NOTE: Certification.>> 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
[[Page 138 STAT. 154]]
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. <<NOTE: Applicability.>> 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. <<NOTE: Determination. Time period. Waiver authority.>>
Upon request by a grantee for whom the Attorney General has determined
there is a fiscal hardship, the Attorney General may, with respect to
funds appropriated in this or any other Act making appropriations for
fiscal years 2021 through 2024 for the following programs, waive the
following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
[[Page 138 STAT. 155]]
(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. <<NOTE: Firearms.>> 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. <<NOTE: Time period. Reports.>> 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. <<NOTE: Live tissue. Determination.>> 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
[[Page 138 STAT. 156]]
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''.
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[[Page 138 STAT. 157]]
TITLE III <<NOTE: Science Appropriations Act, 2024.>>
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.
[[Page 138 STAT. 158]]
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, <<NOTE: Time period. Budget profile.>> 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.
[[Page 138 STAT. 159]]
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$143,000,000, to remain available until September 30, 2025, of which
$26,000,000 shall be for the Established Program to Stimulate
Competitive Research and $58,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,129,000,000, to remain available until
September 30, 2025: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required under the
third and fourth provisos under such heading in the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1989 (Public Law 100-404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103-327), up to $1,000,000 shall be
available from amounts made available under this heading to make such
grant disbursements: Provided further, That of the amounts appropriated
under this heading, $56,673,000 shall be made available for the SSMS
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That the amounts made available for the projects referenced in
the preceding proviso may not be transferred for any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
[[Page 138 STAT. 160]]
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 <<NOTE: Contracts. Time period. 51 USC 20145 note.>> 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, <<NOTE: Budget request. Estimates. 51 USC 30103 note.>> 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 <<NOTE: 51 USC 20144 note.>> 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 <<NOTE: Spending plan.>> 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
[[Page 138 STAT. 161]]
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 <<NOTE: Time periods.>> 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 <<NOTE: Time periods.>> 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
[[Page 138 STAT. 162]]
remain available until September 30, 2025: Provided, That of the
amounts appropriated under this heading, not to exceed $680,000,000
shall remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided further, That of the amounts
in the preceding proviso, not less than $109,310,000 shall be for U.S.
Antarctic Logistical Support: Provided further, That receipts for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $234,000,000, to remain available until expended: Provided,
That of the amounts made available under this heading, $234,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
stem education
For necessary expenses in carrying out science, mathematics, and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms in
the District of Columbia, $1,172,000,000, to remain available until
September 30, 2025.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
services authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $448,000,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided
further, <<NOTE: Contracts.>> 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)
[[Page 138 STAT. 163]]
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 <<NOTE: Notification. Time period.>> 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''.
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[[Page 138 STAT. 164]]
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, <<NOTE: Donations.>> 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, <<NOTE: Workforce proposals. Notifications.>> 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 <<NOTE: Donations.>> further, That the Chair may accept and
use any gift or donation to carry out the work of the Commission.
[[Page 138 STAT. 165]]
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, <<NOTE: Applicability.>>
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.
[[Page 138 STAT. 166]]
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $4,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $59,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.)
$7,640,000, of which $500,000 shall remain available until September 30,
2025: Provided, That not to exceed $2,250 shall be available for
official reception and representation expenses: Provided further, That,
for the purposes of section 505 of this Act, the State Justice Institute
shall be considered an agency of the United States Government.
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[[Page 138 STAT. 167]]
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. <<NOTE: Propaganda.>> 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. <<NOTE: Contracts.>> 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. <<NOTE: Contracts. Notification. Time period.>> 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. <<NOTE: Determination.>> 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
[[Page 138 STAT. 168]]
shall be used to purchase items that are manufactured, produced, or
assembled in the United States, its territories or possessions.
(2) <<NOTE: Definition.>> The term ``promotional items'' has the
meaning given the term in OMB Circular A-87, Attachment B, Item
(1)(f)(3).
Sec. 507. <<NOTE: Time period. Reports.>> (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, <<NOTE: Applicability.>> 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. <<NOTE: Tobacco and tobacco products.>> 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. <<NOTE: 34 USC 20101 note.>> 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.
[[Page 138 STAT. 169]]
Sec. 511. <<NOTE: Discrimination.>> 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. <<NOTE: Audits. Reports.>> (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) <<NOTE: Deadline. Public information. Web posting.>> 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. <<NOTE: Confidential information.>> 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) <<NOTE: Privacy.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Effective date. Determination. Applicability.>> 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. <<NOTE: Reviews.>> (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--
[[Page 138 STAT. 170]]
(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) <<NOTE: Assessments. Cyber threats. Foreign
countries.>> in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available under
this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless the
head of the assessing entity described in subsection (a) has--
(1) <<NOTE: Mitigation strategy.>> developed, in
consultation with NIST, the FBI, and supply chain risk
management experts, a mitigation strategy for any identified
risks;
(2) <<NOTE: Determination.>> 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) <<NOTE: Reports.>> reported that determination to the
Committees on Appropriations of the House of Representatives and
the Senate and the agency Inspector General.
Sec. 515. <<NOTE: Torture.>> 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. <<NOTE: National security letter.>> 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. <<NOTE: Notifications.>> 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
[[Page 138 STAT. 171]]
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. <<NOTE: Deadline. Determination. Statement. Cost estimate.>>
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. <<NOTE: Contracts. Grants. Taxes. Time periods.>> 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. <<NOTE: Deadline.>> (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
[[Page 138 STAT. 172]]
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) <<NOTE: Reports.>> 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. <<NOTE: Airline travel.>> 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. <<NOTE: Conference attendees.>> 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) <<NOTE: Determination. Notification. Deadline.>> such
conference is a scientific conference and the department or
agency head determines that such attendance is in
[[Page 138 STAT. 173]]
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. <<NOTE: Performance plan. Reports.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Light bulbs.>> 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. <<NOTE: China.>> (a) None of the funds made available by
this Act may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology Policy
(OSTP), or the National Space Council (NSC) to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after the
date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) <<NOTE: Certification.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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.
[[Page 138 STAT. 174]]
Sec. 527. <<NOTE: Pornography.>> (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. <<NOTE: Spending plans. Deadline.>> 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. <<NOTE: Contracts.>> 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. <<NOTE: State listing. District of
Columbia. Territories. Medical marijuana.>> 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. <<NOTE: Reports. China.>> 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
[[Page 138 STAT. 175]]
(15 U.S.C. 3722) shall be allocated for assistance in persistent poverty
counties: Provided, <<NOTE: Definition.>> 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. <<NOTE: Exports and imports. Canada. Firearms.>> (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) <<NOTE: President. Determination. Federal Register,
publication.>> 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 <<NOTE: Termination.>> shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
Sec. 535. <<NOTE: Firearms. Ammunition.>> 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
[[Page 138 STAT. 176]]
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. <<NOTE: Exports and imports. Firearms.>> 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. <<NOTE: Khalid Sheikh Mohammed. Detainees.>> 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) <<NOTE: Cuba.>> 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. <<NOTE: Detainees. Cuba.>> (a) None of the funds
appropriated or otherwise made available in this or any other Act may be
used to construct, acquire, or modify any facility in the United States,
its territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 540. (a) The remaining unobligated balances of funds as of
September 30, 2024, from amounts made available to ``Office of the
United States Trade Representative--Salaries and Expenses'' in section
540(a) of division B of the Consolidated Appropriations Act, 2023
(Public Law 117-328) are hereby rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2024, for an
additional amount for fiscal year 2024,
[[Page 138 STAT. 177]]
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
[[Page 138 STAT. 178]]
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: <<NOTE: Notifications. Time period.>> 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) <<NOTE: Effective date. 11 USC 507 note.>> 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. <<NOTE: Deadlines. Allocations.>> (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
[[Page 138 STAT. 179]]
consolidated Act), and pursuant to the direction included in the
classified annex accompanying this Act.
(B) Not <<NOTE: Allocation.>> 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 <<NOTE: Allocation.>> 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 <<NOTE: Allocation.>> 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) <<NOTE: Notification. Reallocations.>> Subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations of the House
[[Page 138 STAT. 180]]
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) <<NOTE: Proposed allocations.>> 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) <<NOTE: Time period. Reports.>> 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''.
__________
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 181]]
DIVISION D-- <<NOTE: Energy and Water Development and Related Agencies
Appropriations Act, 2024.>> 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
[[Page 138 STAT. 182]]
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 <<NOTE: Work plan.>> 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, <<NOTE: Work plan.>> 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
[[Page 138 STAT. 183]]
Federal share of eligible operation and maintenance costs for inland
harbors: Provided, <<NOTE: Work plan.>> That the Secretary shall not
deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress: Provided
further, That of the unobligated balances from prior year appropriations
available under this heading, $1,110,000 is rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
operation and maintenance
(including rescission of funds)
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $5,552,816,000, to remain available until expended, of
which $2,650,168,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of eligible operations and
maintenance costs for coastal harbors and channels, and for inland
harbors; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected; and of
which $58,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall
be designated as being for such purpose pursuant to paragraph (2) of
section 14003 of division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136): Provided, That 1 percent of the
total amount of funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth quarter of the
fiscal year and shall be available for use by the Chief of Engineers to
fund such emergency activities as the Chief of Engineers determines to
be necessary and appropriate, and that the Chief of Engineers shall
allocate during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities: Provided
further, That the <<NOTE: Work plan.>> Secretary shall not deviate from
the work plan,
[[Page 138 STAT. 184]]
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: <<NOTE: Reports. Work plan.>>
Provided, That not more than 75 percent of such amount may be obligated
or expended until
[[Page 138 STAT. 185]]
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, <<NOTE: Recommenda- tions.>> 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: <<NOTE: Certification.>> 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, <<NOTE: Certification.>> 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
[[Page 138 STAT. 186]]
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) <<NOTE: Advance approval.>> 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) <<NOTE: Advance approval.>> 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) <<NOTE: Advance approval.>> 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,
[[Page 138 STAT. 187]]
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, <<NOTE: Notification.>> That the Chief
of Engineers shall notify the Committees on Appropriations of
both Houses of Congress of these emergency actions as soon
thereafter as practicable: Provided further, That for a base
level over $1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study, or
activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) <<NOTE: Applicability.>> 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) <<NOTE: Reports.>> 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. <<NOTE: Allocation.>> 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. <<NOTE: Contracts.>> 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.
[[Page 138 STAT. 188]]
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. <<NOTE: Kentucky.>> 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. <<NOTE: Spend plan. Allocation.>> 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.
[[Page 138 STAT. 189]]
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. <<NOTE: Studies. Contracts.>> 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
[[Page 138 STAT. 190]]
Sacramento, California, Area project, and the Hawaii Water
Systems Technical Assistance Program;
(4) $95.55 from the combined unobligated balances under the
``Construction'' headings in chapter 3 of title IV and chapter 3
of title V of Public Law 110-28;
(5) $83,734.13 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title III of Public Law
110-252, including amounts that were provided for the Lake
Pontchartrain and Vicinity project, the West Bank and Vicinity
project, and the Southeast Louisiana Urban Drainage project;
(6) $2,122.56 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title III
of Public Law 110-252;
(7) $10.72 from the unobligated balances under the heading
``Mississippi River and Tributaries'' in chapter 3 of title III
of Public Law 110-252;
(8) $274,678.03 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title I of division B
of Public Law 110-329 that were provided for the Lake
Pontchartrain and Vicinity project, the West Bank and Vicinity
project, and the Southeast Louisiana Urban Drainage project;
(9) $267,434.81 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title I of
division B of Public Law 110-329;
(10) $0.02 from the unobligated balances under the heading
``Operation and Maintenance'' in title IV of Public Law 111-32;
(11) $246,869.24 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 4 of title I of
Public Law 111-212; and
(12) $2,643,142.04 from the unobligated balances under the
heading ``Operation and Maintenance'' in title I of Public Law
112-77:
Provided, That studies receiving funding pursuant to this section
shall be subject to the terms and conditions of the heading
``Investigations'' in title IV of division B of the Bipartisan Budget
Act of 2018 (Public Law 115-123) or such heading in title III of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58), as applicable and as specifically modified by section 111 of
this Act: Provided further, That amounts repurposed or transferred
pursuant to this section that were previously designated by the Congress
as an emergency requirement pursuant to a concurrent resolution on the
budget or as being for disaster relief pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the Congress
as being an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985 or as
being for disaster relief pursuant to section 251(b)(2)(D) of such Act,
respectively.
[[Page 138 STAT. 191]]
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
[[Page 138 STAT. 192]]
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, <<NOTE: Time
periods.>> 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 <<NOTE: Assessment. Contracts.>>
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
[[Page 138 STAT. 193]]
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. <<NOTE: Advance approvals.>> (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) <<NOTE: Definition.>> For purposes of this section, the term
``transfer'' means any movement of funds into or out of a program,
project, or activity.
[[Page 138 STAT. 194]]
(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) <<NOTE: Reports.>> The Bureau of Reclamation shall submit
reports on a quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The first
quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
Sec. 202. <<NOTE: Determination. California. Plan.>> (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) <<NOTE: Reimbursement.>> 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. <<NOTE: Applicability.>> (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, <<NOTE: 136 Stat.
4631.>> 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 <<NOTE: 118 Stat. 1696.>> amended by striking
``$25,000,000'' and inserting ``$30,000,000''.
Sec. 205. <<NOTE: Applicability. 136 Stat. 4631.>> 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. <<NOTE: Applicability. 43 USC 2214 note.>> (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) <<NOTE: Applicability. 43 USC 2241 note.>> 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''.
[[Page 138 STAT. 195]]
Sec. 207. <<NOTE: Applicability. 42 USC 10363 note.>> 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''.
__________
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 196]]
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.
[[Page 138 STAT. 197]]
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
[[Page 138 STAT. 198]]
years shall be available for all naval petroleum and oil shale reserve
activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.), $213,390,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy Policy
and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
6241, 6239 note), section 32204 of the Fixing America's Surface
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to remain
available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,150,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $135,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $342,000,000, to remain available until
expended: Provided, That in addition, fees collected pursuant to
subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2024 pursuant to section 309
of title III of division C of Public Law 116-94 are appropriated, to
remain available until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$855,000,000, to be derived from the Uranium Enrichment
[[Page 138 STAT. 199]]
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
[[Page 138 STAT. 200]]
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, <<NOTE: Reduction.>> 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
[[Page 138 STAT. 201]]
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, <<NOTE: Reduction.>> 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,
[[Page 138 STAT. 202]]
$92,800,000 shall be transferred to ``Department of Energy--Energy
Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount made available under this heading, $61,540,000 shall
be available until September 30, 2025, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $500,000,000, to remain
available until September 30, 2025, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $7,285,000,000, to
remain available until expended: Provided, That of such amount,
$326,893,000 shall be available until September 30, 2025, for program
direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities, $285,000,000,
to be deposited into the Defense Environmental Cleanup account, which
shall be transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,080,000,000, to remain available until expended:
Provided, That of such amount, $381,593,000 shall be available until
September 30, 2025, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
[[Page 138 STAT. 203]]
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 <<NOTE: Reduction.>> 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, <<NOTE: Definition.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Reduction.>> 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
[[Page 138 STAT. 204]]
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, <<NOTE: Definition.>> 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 <<NOTE: Reduction.>> 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, <<NOTE: Definition.>> 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, <<NOTE: Reduction.>> That
the sum herein
[[Page 138 STAT. 205]]
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 <<NOTE: Definition.>> 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 <<NOTE: 42 USC 7171 note.>> 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, <<NOTE: Reduction. 42 USC 7171
note.>> That the sum herein appropriated from the general fund shall be
reduced as revenues are received during fiscal year 2024 so as to result
in a final fiscal year 2024 appropriation from the general fund
estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) <<NOTE: Notification. Time period.>> 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--
[[Page 138 STAT. 206]]
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) <<NOTE: Contracts.>> 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) <<NOTE: Time period. Reports.>> 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) <<NOTE: Contracts. Grants.>> 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) <<NOTE: Notification. Time period.>> 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) <<NOTE: Notification. Advance approval. Time period.>> 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.
[[Page 138 STAT. 207]]
(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) <<NOTE: Waiver authority.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: Oversight. Compliance.>> 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. <<NOTE: Cost estimate.>> 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. <<NOTE: Time period. Certification.>> 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
[[Page 138 STAT. 208]]
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. <<NOTE: Deadline.>> (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) <<NOTE: 135 Stat. 1380.>> 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. <<NOTE: 42 USC 6241 note.>> (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) <<NOTE: Closing.>> 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) <<NOTE: Notification.>> The budget request or notification
shall include--
[[Page 138 STAT. 209]]
(A) the justification for the new reserve;
(B) <<NOTE: Cost estimate.>> 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) <<NOTE: Estimate. Inventory.>> the estimate of the total
inventory of the reserve.
Sec. 309. <<NOTE: Petroleum products. China.>> None of the funds
made available by this Act may be used to draw down and sell petroleum
products from the Strategic Petroleum Reserve (1) to any entity that is
under the ownership, control, or influence of the Chinese Communist
Party; or (2) except on condition that such petroleum products will not
be exported to the People's Republic of China.
Sec. 310. <<NOTE: Requirement.>> (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) <<NOTE: Applicability.>> 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) <<NOTE: Coordination.>> 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
[[Page 138 STAT. 210]]
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. <<NOTE: 42 USC 16281 note.>> (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 <<NOTE: Contracts.>> 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, <<NOTE: Receipts.>> 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
[[Page 138 STAT. 211]]
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 <<NOTE: 42 USC 16282.>> 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. <<NOTE: Time period. Determinations.>> (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
[[Page 138 STAT. 212]]
a direct and predictable effect on the contractor's employer or personal
financial interest: Provided, That <<NOTE: Contracts. Effective
date.>> 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 <<NOTE: Definition.>> 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 <<NOTE: 135 Stat. 1371.>> 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 <<NOTE: 135 Stat. 1371.>> 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 <<NOTE: 135 Stat. 1373.>> 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 <<NOTE: 135 Stat. 1375.>> amended by striking ``three percent'' each
place it appears and inserting ``five percent''.
(e) The twenty-sixth proviso under the heading ``Office of Clean
Energy Demonstrations'' in title III of division J of Public Law 117-58
is <<NOTE: 135 Stat. 1379.>> 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.
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[[Page 138 STAT. 213]]
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
[[Page 138 STAT. 214]]
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, <<NOTE: Reduction.>> 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,
[[Page 138 STAT. 215]]
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 <<NOTE: Reduction.>> 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. <<NOTE: Compliance.>> 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. <<NOTE: Notification. Time period.>> (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) <<NOTE: Waiver authority.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: Reports.>> 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.
[[Page 138 STAT. 216]]
(e) <<NOTE: Reports.>> 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.
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[[Page 138 STAT. 217]]
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. <<NOTE: Lobbying.>> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(c) <<NOTE: Time period. Reports.>> 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. <<NOTE: Pornography.>> (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. <<NOTE: Russia. China. Time period. Notification.>> 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
[[Page 138 STAT. 218]]
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''.
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[[Page 138 STAT. 219]]
DIVISION E-- <<NOTE: Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2024.>> 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, <<NOTE: Drilling permits.>> 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 <<NOTE: Reduction.>> 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
[[Page 138 STAT. 220]]
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, <<NOTE: Transfer authority.>> 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: <<NOTE: 43 USC 1735 note.>> 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 <<NOTE: 43 USC 1735 note.>> 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.
[[Page 138 STAT. 221]]
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, <<NOTE: Contracts. Determination.>> 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 <<NOTE: Reimbursement.>> projects to be funded pursuant to a
written commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the Bureau on a
reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,520,273,000, to remain available
until September 30, 2025, of which not to exceed $15,000 may be for
official reception and representation expenses: Provided, That not to
exceed $22,000,000 shall be used for implementing subsections (a), (b),
(c), and (e) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) (except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to implement
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii) of such section): Provided further, That of the amount
appropriated under this heading, $44,920,000, to remain available until
September 30, 2026, shall be for projects specified for Stewardship
Priorities in the table titled ``Interior and Environment Incorporation
of Community
[[Page 138 STAT. 222]]
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,
[[Page 138 STAT. 223]]
$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 <<NOTE: Apportionment.>> 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 <<NOTE: Apportionment.>> 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 <<NOTE: Apportionment.>>
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 <<NOTE: Contracts. Grants.>> 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 <<NOTE: Contracts. Determination.>> 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
[[Page 138 STAT. 224]]
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, <<NOTE: Donations.>> 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 <<NOTE: 36 USC note prec.
101.>> 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).
[[Page 138 STAT. 225]]
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): <<NOTE: Grants.>> 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, <<NOTE: Approval.>> 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 <<NOTE: Determination.>> of the funds provided
for the Historic Preservation Fund, $1,250,000 is for competitive grants
for the survey and nomination of properties to the National Register of
Historic Places and as National Historic Landmarks associated with
communities currently under-represented, as determined by the Secretary;
$24,000,000 is for competitive grants to preserve the sites and stories
of the African American Civil Rights movement; $5,000,000 is for
competitive grants to preserve sites related to the struggle of all
people to achieve equal rights in America; $11,000,000 is for grants to
Historically Black Colleges and Universities; $12,500,000 is for
competitive grants for the restoration of historic properties of
national, State, and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historic Preservation Act;
$7,000,000 is for a competitive grant program to honor the
semiquincentennial anniversary of the United States by restoring and
preserving sites and structures listed on the National Register of
Historic Places that commemorate the founding of the nation; and
$19,766,000 is for projects specified for the Historic Preservation Fund
in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That such competitive grants shall
be made without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and Indian tribes
as defined in chapter 3003 of such title, Native Hawaiian organizations,
local governments, including Certified Local Governments, and non-profit
organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and related equipment, and compliance and planning for
programs and areas administered by the National Park Service,
$172,255,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, for any project initially
funded in fiscal year 2024 with a future phase indicated in the National
Park Service 5-Year Line Item Construction Plan, a single procurement
may be issued which includes the full scope of the project: Provided
further, <<NOTE: Contracts.>> That the solicitation and contract shall
[[Page 138 STAT. 226]]
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, <<NOTE: Consultation.>> 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 <<NOTE: Fees.>> 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
[[Page 138 STAT. 227]]
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 <<NOTE: 43 USC 50.>> 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
[[Page 138 STAT. 228]]
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, <<NOTE: Contracts.>> 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: <<NOTE: Reduction.>> Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary of
the Interior and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted by
the Bureau of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further,
That <<NOTE: Reduction.>> 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
[[Page 138 STAT. 229]]
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, <<NOTE: Reduction.>> 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 <<NOTE: Reduction.>> 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, <<NOTE: 30 USC 1211 note.>> 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 <<NOTE: 30 USC 1257 note.>> fees assessed and collected by the
Office pursuant
[[Page 138 STAT. 230]]
to such section 507 shall be credited to this account as discretionary
offsetting collections, to remain available until expended: Provided
further, That the <<NOTE: Reduction.>> 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 <<NOTE: Debt
collection. Contracts.>> 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, <<NOTE: Payments. State and
local governments. Native Americans. Deadline.>> That such payments
shall be made to States and federally recognized Indian tribes not later
[[Page 138 STAT. 231]]
than 90 days after the date of the enactment of this Act: Provided
further, That if payments <<NOTE: Payments. Reduction.>> 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 <<NOTE: Expiration date.>> any such unobligated balances not so
transferred shall expire on September 30, 2026: Provided further, That
in order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of clothing
for personnel: Provided further, That not to exceed $7,096,000 of funds
made available under this heading may, as needed, be transferred to
``Office of the Secretary--Departmental Operations'' for trust, probate,
and administrative functions: Provided further, That the Bureau of
Indian Affairs may accept transfers of funds from United States Customs
and Border Protection to supplement any other funding available for
reconstruction or repair of roads owned by the Bureau of Indian Affairs
[[Page 138 STAT. 232]]
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 <<NOTE: Reimbursement.>> 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
[[Page 138 STAT. 233]]
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.
[[Page 138 STAT. 234]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Contracts. Grants.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Alaska.>> 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 <<NOTE: Waiver authority. Determination.>> 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
[[Page 138 STAT. 235]]
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. <<NOTE: Charter schools. Reimbursement.>> 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 <<NOTE: Continuation.>> any other provision of law,
including section 113 of title I of appendix C of Public Law 106-113, if
in fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based on section
5(f) of Public Law 101-301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the section
5(f) distribution formula.
Funds <<NOTE: Waiver authority. Compliance.>> 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, <<NOTE: Definition.>> 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.
[[Page 138 STAT. 236]]
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 <<NOTE: Time
period.>> 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 <<NOTE: Time
period.>> 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, <<NOTE: Records. Determination.>> 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.
[[Page 138 STAT. 237]]
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, <<NOTE: 31 USC 6903 note.>> 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.
[[Page 138 STAT. 238]]
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, <<NOTE: Audits. 48 USC 1469b.>> 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, <<NOTE: Determination.>> 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 <<NOTE: Guam. Loans.>> request of the Governor of Guam, the
Secretary may transfer discretionary funds or mandatory funds provided
under
[[Page 138 STAT. 239]]
section 104(e) of Public Law 108-188 and Public Law 104-134, that are
allocated for Guam, to the Secretary of Agriculture for the subsidy cost
of direct or guaranteed loans, plus not to exceed three percent of the
amount of the subsidy transferred for the cost of loan administration,
for the purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $97,950,000,
to remain available until September 30, 2025.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$67,000,000, to remain available until September 30, 2025.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $1,113,471,000, to remain available until expended, of
which not to exceed $10,000,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That of the funds provided $214,450,000 is for fuels management
activities: Provided further, That of the funds provided $10,000,000 is
for burned area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging
without cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United States
property, may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
[[Page 138 STAT. 240]]
fiscal year limitation: Provided
further, <<NOTE: Contracts. Grants.>> 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: <<NOTE: Guidance.>> 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: <<NOTE: Reimbursement.>> 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 <<NOTE: Contracts. Real property. State and local
governments.>> 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
[[Page 138 STAT. 241]]
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: <<NOTE: Notification. Deadline.>> 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 <<NOTE: Determination. Deadline.>> 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
[[Page 138 STAT. 242]]
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: <<NOTE: Grants.>> Provided further, That the Secretary may
transfer the funds provided under this heading in this Act to any other
account in the Department to carry out such purposes, and may expend
such funds directly, or through grants: Provided further, That these
amounts are not available to fulfill Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)
obligations agreed to in settlement or imposed by a court, whether for
payment of funds or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,715,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, data management, information technology
improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the
Department, $107,710,000, to remain available until expended: Provided,
That <<NOTE: Advance approval.>> 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 <<NOTE: Contracts. State and local governments. Tribal
governments.>> 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 <<NOTE: Grants. Contracts.>> Secretary may enter into grants
[[Page 138 STAT. 243]]
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
[[Page 138 STAT. 244]]
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 <<NOTE: Reimbursement.>> 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 <<NOTE: Determination. Deadline.>>
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 <<NOTE: Reimbursement.>> 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. <<NOTE: Notification. Deadline.>> 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.
[[Page 138 STAT. 245]]
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. <<NOTE: New York. New Jersey. Contracts.>> Notwithstanding
any other provision of law, the Secretary of the Interior is authorized
to acquire lands, waters, or interests therein, including the use of all
or part of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and maintaining
facilities in the support of transportation and accommodation of
visitors to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated funds,
including franchise fees (and other monetary consideration), or by
exchange; and the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts, or other agreements for the use
of such facilities on such terms and conditions as the Secretary may
determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2024, the Secretary of the Interior
shall collect a nonrefundable inspection fee, which shall be deposited
in the ``Offshore Safety and Environmental Enforcement'' account, from
the designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2024 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2024. Fees for fiscal year 2024 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2024. Fees for
fiscal year 2024 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
[[Page 138 STAT. 246]]
(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) <<NOTE: Time period. Deadlines.>> 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. <<NOTE: 16 USC 1336 note.>> 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 <<NOTE: Time period.>> 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) <<NOTE: Grants. Contracts.>> 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.
[[Page 138 STAT. 247]]
(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. <<NOTE: Deadline.>> 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. <<NOTE: Applicability. 31 USC 6906 note.>> 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) <<NOTE: Web posting. Public
information. Deadline.>> 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) <<NOTE: Virginia. District of Columbia.>>
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
[[Page 138 STAT. 248]]
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)--
[[Page 138 STAT. 249]]
(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. <<NOTE: Applicability. 54 USC 303102 note.>> Section
303102 of title 54, United States Code, shall be applied by substituting
``fiscal year 2024'' for ``fiscal year 2023''.
decommissioning account
Sec. 123. <<NOTE: 43 USC 1338a.>> The matter under the amended
heading ``Royalty and Offshore Minerals Management'' for the Minerals
Management Service in Public Law 101-512 (104 Stat. 1926, as amended)
(43 U.S.C. 1338a) is further amended by striking the fifth and sixth
provisos in their entirety and inserting the following: ``Provided
further, That notwithstanding section 3302 of title 31, United States
Code, any moneys hereafter received as a result of the forfeiture of a
bond or other security by an Outer Continental Shelf permittee, lessee,
or right-of-way holder that does not fulfill the requirements of its
permit, lease, or right-of-way or does not comply with the regulations
of the Secretary, or as a bankruptcy distribution or settlement
associated with such failure or noncompliance, shall be credited to a
separate account established in the Treasury for decommissioning
activities and shall be available to the Bureau of Ocean Energy
Management without further appropriation or fiscal year limitation to
cover the cost to the United States of any improvement, protection,
rehabilitation, or decommissioning work rendered necessary by the action
or inaction that led to the forfeiture or bankruptcy distribution or
settlement, to remain available until expended: Provided further,
That <<NOTE: Allocation.>> 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
[[Page 138 STAT. 250]]
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. <<NOTE: 43 USC 1474g.>> 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, <<NOTE: Notification. Advance
approvals.>> 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 <<NOTE: 54 USC 320101
note.>> 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) <<NOTE: Contracts.>> 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.
[[Page 138 STAT. 251]]
(d) <<NOTE: Reimbursements.>> 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.
__________
Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 252]]
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
[[Page 138 STAT. 253]]
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, <<NOTE: Grants. Contracts.>> 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, <<NOTE: Reduction.>> 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 <<NOTE: Allocation.>> funds included in the first paragraph under
this heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations for that
program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$43,250,000, to remain available until September 30, 2025: Provided,
That the Office of Inspector General shall be subject to the terms,
conditions, and requirements specified under this heading in Senate
Report 118-83.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $40,676,000, to remain available until
expended.
[[Page 138 STAT. 254]]
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: <<NOTE: Allocations.>> 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
[[Page 138 STAT. 255]]
$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
[[Page 138 STAT. 256]]
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, <<NOTE: Territories. District
of Columbia.>> 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: <<NOTE: Oklahoma. Determination.>> 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 <<NOTE: Territories.>> 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
[[Page 138 STAT. 257]]
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: <<NOTE: Determination.>> Provided further, That 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
and 14 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants (or
any combination of these), and shall be so used by the State
only where such funds are provided as initial financing for an
eligible recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, or where
such debt was incurred prior to the date of enactment of this
Act if the State, with concurrence from the Administrator,
determines that such funds could be used to help address a
threat to public health from heightened exposure to lead in
drinking water or if a Federal or State emergency declaration
has been issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply before the
date of enactment of this Act: Provided further, That in a
State in which such an emergency declaration has been issued,
the State may use more than 14 percent of the funds made
available under this title to the State for Drinking Water State
Revolving Fund capitalization grants to provide additional
subsidy to eligible recipients: Provided further, That
notwithstanding section 1452(o) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(o)), the Administrator shall reserve up to
$12,000,000 of the amounts made available for fiscal year 2024
for making capitalization grants for the Drinking Water State
Revolving Funds to pay the costs of monitoring for unregulated
contaminants under section 1445(a)(2)(C) of such Act: Provided
further, That of the unobligated balances available in the
``State and Tribal Assistance Grants'' account appropriated
prior to fiscal year 2012 for ``special project grants'' or
``special needs infrastructure grants,'' or for the
administration, management, and oversight of such grants,
$1,500,000 are permanently rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
the funds made available under this heading for Community
Project Funding/Congressionally Directed Spending grants in this
or prior appropriations Acts are not subject to compliance with
Federal procurement requirements for competition and methods of
procurement applicable to Federal financial assistance, if a
Community Project Funding/Congressionally Directed Spending
recipient has procured services or products through contracts
[[Page 138 STAT. 258]]
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: <<NOTE: Alaska.>> 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 <<NOTE: Allocations.>> 10 percent shall be
allocated for assistance in persistent poverty
counties: <<NOTE: Definition.>> 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
[[Page 138 STAT. 259]]
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, <<NOTE: Oklahoma. Determination. Alaska.>> 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
[[Page 138 STAT. 260]]
115-270, 42 U.S.C. 300j-3c note): <<NOTE: Contracts.>>
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 <<NOTE: Loans.>> Infrastructure Finance and Innovation Program
Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $64,634,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects described
in section 5026(9) of the Water Infrastructure Finance and Innovation
Act of 2014 to State infrastructure financing
[[Page 138 STAT. 261]]
authorities, as authorized by section 5033(e) of such Act: Provided
further, That the <<NOTE: Criteria.>> 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, <<NOTE: Certification. Compliance.>> 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, <<NOTE: Records.>> 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 <<NOTE: Contracts. Native Americans.>> 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 <<NOTE: Fees.>> 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 <<NOTE: Fees.>> 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
[[Page 138 STAT. 262]]
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year
2024.
The <<NOTE: Fees.>> 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 <<NOTE: Grants. Native Americans.>> 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 <<NOTE: Grants.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Records. Time
periods. Certification. Plan. Reports.>> 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
[[Page 138 STAT. 263]]
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.
__________
Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 264]]
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
[[Page 138 STAT. 265]]
for invasive plants, and conducting an international program and trade
compliance activities as authorized, $303,306,000, to remain available
through September 30, 2027, as authorized by law, of which $19,806,000
shall be for projects specified for Forest Resource Information and
Analysis in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,863,557,000, to remain available through
September 30, 2027: Provided, That of the funds provided, $31,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): <<NOTE: Applicability.>> 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: <<NOTE: Determination.>>
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: <<NOTE: Fee. Advance approval. 43 USC 1751
note.>> 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
[[Page 138 STAT. 266]]
``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
[[Page 138 STAT. 267]]
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: <<NOTE: Reimbursement.>> 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.
[[Page 138 STAT. 268]]
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, <<NOTE: Notifications. Deadline.>> 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: <<NOTE: Determination. Deadline.>> Provided further, That, in
determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or the
Department of the Interior will be obligated within 30 days pursuant to
the preceding proviso, any funds transferred or permitted to be
transferred pursuant to any other transfer authority provided by law
shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section 8705(f)(2)
of the Agriculture Improvement Act of 2018 (Public Law 115-334), shall
be deposited in the special account established by section 8705(f)(1) of
such Act, shall be available to cover the costs described in subsection
(c)(3) of such section of such Act, and shall remain available until
expended: Provided, That such amounts shall be transferred to the
``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft to maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
[[Page 138 STAT. 269]]
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 <<NOTE: Notifications. Deadline.>> 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: <<NOTE: Notifications. Advance approvals. Contracts. Intergovern-
mental relations.>> 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.
Contracts.
Intergovern
-
mental
relations.
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
[[Page 138 STAT. 270]]
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 <<NOTE: Contracts.>> 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 <<NOTE: Wild horses and burros.>> 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 <<NOTE: 16 USC 556i.>> 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: <<NOTE: Contracts.>> 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
[[Page 138 STAT. 271]]
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 <<NOTE: Grants. Contracts.>> 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 <<NOTE: Native Americans. State and local
governments. Nonprofits. Determination.>> 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. <<NOTE: Definition.>> The term
``forest and grassland collaboratives'' means groups of individuals or
entities with diverse interests participating in a cooperative process
to share knowledge, ideas, and resources about the protection,
restoration, or enhancement of natural and other resources on Federal
and adjacent non-Federal lands, the improvement or maintenance of public
access to Federal lands, or the reduction of risk to such lands caused
by natural disasters.
The 19th unnumbered paragraph under the heading ``Administrative
Provisions, Forest Service'' in title III of Public Law 109-54, as
amended, <<NOTE: 119 Stat. 538.>> 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
[[Page 138 STAT. 272]]
by the Forest Service made in accordance with this paragraph to agency
employees stationed in Puerto Rico after August 2, 2005.''.
Funds <<NOTE: Urban and rural areas.>> 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
[[Page 138 STAT. 273]]
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, <<NOTE: Allocations.>> 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
[[Page 138 STAT. 274]]
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, <<NOTE: Contracts. Grants. Time period. Records.>> 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 <<NOTE: Reports.>> 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, <<NOTE: Consultation. Time period.>> 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, <<NOTE: Applicability.>> 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.
[[Page 138 STAT. 275]]
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2024, such sums as
may be necessary, which shall be available for obligation through
September 30, 2025: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $5,364,000, to remain available
until expended, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2023; in addition, $306,329,000, to remain available until expended, for
Sanitation Facilities Construction and Health Care Facilities
Construction; and, in addition, $506,854,000, which shall become
available on October 1, 2024, and remain available until expended:
Provided, That notwithstanding any other provision of law, funds
appropriated for the planning, design, construction, renovation, or
expansion of health facilities for the benefit of an Indian tribe or
tribes may be used to purchase land on which such facilities will be
located: Provided further, That not to exceed $500,000 may be used for
fiscal year 2025 by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That none of
the funds provided that become available on October 1, 2024, may be used
for Health Care Facilities Construction or for Sanitation Facilities
Construction: Provided further, That of the amount appropriated under
this heading for fiscal year 2024 for Sanitation Facilities
Construction, $17,023,000 shall be for projects specified for Sanitation
Facilities Construction (CDS) in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
none of the funds appropriated to the Indian Health Service may be used
for sanitation facilities construction for new homes funded with grants
by the housing programs of the United States Department of Housing and
Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
[[Page 138 STAT. 276]]
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, <<NOTE: Assessments.>> 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 <<NOTE: Regulations. Budget request.>> 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: <<NOTE: Reimbursements.>> 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,
[[Page 138 STAT. 277]]
with such amounts to remain available until expended: Provided further,
That reimbursements <<NOTE: 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, <<NOTE: Notification.>> 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 <<NOTE: Studies. Evaluations.>> 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,
[[Page 138 STAT. 278]]
the Environmental Quality Improvement Act of 1970, and Reorganization
Plan No. 1 of 1977, and not to exceed $750 for official reception and
representation <<NOTE: Appointment.>> 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, <<NOTE: Career positions.>> That the Chemical Safety and
Hazard Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: <<NOTE: 5 USC 415 note.>> 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: <<NOTE: 5 USC 415
note.>> Provided further, That notwithstanding any other provision of
law, the Inspector General of the Board shall utilize personnel of the
Office of Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals to
positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $5,024,000, to remain
available until expended, which shall be derived from unobligated
balances from prior year appropriations available under this heading:
Provided, That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further, That no
relocatee will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public Law
93-531 (88 Stat. 1716).
[[Page 138 STAT. 279]]
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: <<NOTE: Advance payments.>> Provided, That funds appropriated
herein are available for advance payments to independent contractors
performing research services or participating in official Smithsonian
presentations: Provided further, <<NOTE: District of Columbia.>> 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: <<NOTE: District of Columbia.>>
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 <<NOTE: Contracts. Effective date. Time
period. Reports.>> 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
[[Page 138 STAT. 280]]
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:
[[Page 138 STAT. 281]]
Provided further, That <<NOTE: Contracts.>> 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
[[Page 138 STAT. 282]]
$13,000,000 for the purposes of section 7(h): Provided, That
appropriations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total amounts of
gifts, bequests, devises of money, and other property accepted by the
chairman or by grantees of the National Endowment for the Humanities
under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000,
if in the aggregate the amount of such grants does not exceed 5 percent
of the sums appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to the terms
of an expressed and direct delegation of authority from the National
Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,661,000: <<NOTE: Fees.>> 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, <<NOTE: Applicability. 20 USC 956a
note.>> 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, <<NOTE: Determination. Time
periods. 20 USC 956a note.>> 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
[[Page 138 STAT. 283]]
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.
[[Page 138 STAT. 284]]
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. <<NOTE: Estimates. Approval.>> 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 <<NOTE: Patents and trademarks.>>
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.-- <<NOTE: Determination. Claims.>> 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).
[[Page 138 STAT. 285]]
(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 <<NOTE: Payment. Contracts.>> 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. <<NOTE: Continuation.>> 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. <<NOTE: 16 USC 1604 note.>> 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: <<NOTE: Courts.>> Provided, That if the
Secretary is not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan and a court
of proper jurisdiction may order completion of the plan on an
accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary
[[Page 138 STAT. 286]]
existed on January 20, 2001, except where such activities are allowed
under the Presidential proclamation establishing such monument.
limitation on takings
Sec. 409. <<NOTE: Approvals.>> 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. <<NOTE: Public information. Web
posting. Determination.>> (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 <<NOTE: Time period.>> 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.
[[Page 138 STAT. 287]]
(2) <<NOTE: Procedures.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Grants.>> 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 <<NOTE: Reports.>> 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.
[[Page 138 STAT. 288]]
status of balances of appropriations
Sec. 414. <<NOTE: Reports.>> 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. <<NOTE: Pornography.>> (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. <<NOTE: Wild horses and burros.>> (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--
[[Page 138 STAT. 289]]
(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. <<NOTE: Applicability. 16 USC 580d note.>> 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) <<NOTE: Definition.>> In this section, the term ``iron and
steel'' products means the following products made primarily of iron or
steel: lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Waiver. Public information. Records. Time period.>> 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. <<NOTE: Web posting.>> 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) <<NOTE: Applicability.>> 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.
[[Page 138 STAT. 290]]
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. <<NOTE: Grants.>> 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. <<NOTE: Applicability. 16 USC 6809 note.>> 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. <<NOTE: Advance approval.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability. 16 USC 565a-1 note.>> 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. <<NOTE: Applicability. 16 USC 528 note.>> 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''.
[[Page 138 STAT. 291]]
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) <<NOTE: Effective date.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Deadlines. 54 USC 200303 note.>> 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,
[[Page 138 STAT. 292]]
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) <<NOTE: Reallocation. Requirements.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Data sheets.>> 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
[[Page 138 STAT. 293]]
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 <<NOTE: Reallocation.>> in the event amounts allocated by this Act
or any prior Act for the National Parks and Public Land Legacy
Restoration Fund are no longer needed to complete a specified project,
such amounts may be reallocated in such submission to that agency's
``Contingency Fund'' line: Provided further, That any proposals to
change the scope of or terminate a previously approved project must be
clearly identified in such submission.
(2)(A) <<NOTE: Lists.>> 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) <<NOTE: Reports.>> 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
[[Page 138 STAT. 294]]
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. <<NOTE: Regulations. Alaska.>> 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. <<NOTE: Alaska.>> 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
[[Page 138 STAT. 295]]
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, <<NOTE: 136 Stat. 1116.>> 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.
[[Page 138 STAT. 296]]
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. <<NOTE: Applicability.>> 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. <<NOTE: Analysis. Consultation.>> (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. <<NOTE: Deadline.>> 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) <<NOTE: Reports. Briefing.>> Prior to granting, issuing, or
renewing a right-of-way under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project,
the Secretary shall periodically report to the House and Senate
Committees on Appropriations on the status of consultations required
under subsection (a) and, once such consultations are complete, provide
a briefing to the Committees on the action alternatives and the feedback
of local elected officials and stakeholders.
limitation
Sec. 442. <<NOTE: Claims. Determination.>> 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. <<NOTE: Deadline.>> The Bureau of Land Management shall strive to
complete any such validity determination not later than 3 years of
receipt of the request.
[[Page 138 STAT. 297]]
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. <<NOTE: 16 USC 579f.>> 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, <<NOTE: Notifications. Advance
approvals.>> 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.
[[Page 138 STAT. 298]]
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''.
__________
Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 299]]
DIVISION F-- <<NOTE: Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2024.>> TRANSPORTATION, HOUSING AND
URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE <<NOTE: Department of Transportation Appropriations Act, 2024.>>
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 <<NOTE: Transfer authority.>> 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 <<NOTE: Notice. Funding approval.>> of
any change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, <<NOTE: Allocation. Determination.>> 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,
[[Page 138 STAT. 300]]
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: <<NOTE: Continuation. 49 USC 112
note.>> 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: <<NOTE: Grants.>> Provided further, That grants awarded under
this heading in this Act for eligible projects for planning,
preparation, or design shall not be subject to a minimum grant size:
Provided further, <<NOTE: Distribution.>> 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
[[Page 138 STAT. 301]]
in this Act: Provided further, That <<NOTE: Allocations. Urban and
rural areas.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Fees.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Loans.>> Secretary is authorized to issue direct loans
and loan guarantees pursuant to chapter 224 of title 49, United States
Code,
[[Page 138 STAT. 302]]
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
[[Page 138 STAT. 303]]
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, <<NOTE: Assessments. Notifications. Approvals.>> 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: <<NOTE: Determination.>> 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: <<NOTE: Reimbursements.>> 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.
[[Page 138 STAT. 304]]
administrative provisions--office of the secretary of transportation
(including rescissions)
(including transfer of funds)
Sec. 101. <<NOTE: Assessments. Contracts.>> 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. <<NOTE: Web posting. Public
information. Requirement. Records.>> 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. <<NOTE: Reimbursements. Transit benefits.>> In addition to
authority provided by section 327 of title 49, United States Code, the
Department's Working Capital Fund is authorized to provide partial or
full payments in advance and accept subsequent reimbursements from all
Federal agencies from available funds for transit benefit distribution
services that are necessary to carry out the Federal transit pass
transportation fringe benefit program under Executive Order No. 13150
and section 3049 of SAFETEA-LU (5 U.S.C. 7905 note): Provided, That the
Department shall maintain a reasonable operating reserve in the Working
Capital Fund, to be expended in advance to provide uninterrupted transit
benefits to Government employees: Provided further, That <<NOTE: Time
period.>> 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: <<NOTE: Reimbursement.>> 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. <<NOTE: Retention bonuses. Advance approval.>> 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. <<NOTE: Deadline. Notification.>> 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
[[Page 138 STAT. 305]]
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): <<NOTE: Determination.>> Provided, That sponsors of
projects eligible for funds made available under subsection
shall provide sufficient written justification describing, at a
minimum, the
[[Page 138 STAT. 306]]
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 <<NOTE: Deadline. Requirements.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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
[[Page 138 STAT. 307]]
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, <<NOTE: Transfer authority.>> That not to exceed 5
percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation under this heading by more than 5 percent: Provided
further, That any transfer in excess of 5 percent shall be treated as a
reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section: <<NOTE: Reports. 49 USC 44506
note.>> 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 <<NOTE: Reduction.>> 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, <<NOTE: Reports. Estimates. 49 USC 44502 note.>> 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
[[Page 138 STAT. 308]]
estimates and numerical hiring goals by fiscal year: Provided further,
That the <<NOTE: Reduction.>> 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: <<NOTE: Grants. Contracts. Nonprofits. Aviation
safety.>> 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: <<NOTE: Regulations.>> 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
[[Page 138 STAT. 309]]
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: <<NOTE: Deadline. Investment plan. Time period.>> 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: <<NOTE: Applicability.>> 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: <<NOTE: Advance approval. Transfer authority.>> 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): <<NOTE: Transfer
authority.>> Provided further, That not to exceed
[[Page 138 STAT. 310]]
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
[[Page 138 STAT. 311]]
the small community air service development program: Provided further,
That in <<NOTE: Request for proposals.>> addition to airports eligible
under section 41743 of title 49, United States Code, such program may
include the participation of an airport that serves a community or
consortium that is not larger than a small hub airport, according to FAA
hub classifications effective at the time the Office of the Secretary
issues a request for proposals: Provided further, That the Secretary
may provide grants to any commercial service airport, notwithstanding
the requirement for the airport to be located in an air quality
nonattainment or maintenance area or to be able to receive emission
credits in section 47102(3)(K) and 47102(3)(L) of title 49, United
States Code, for work necessary to construct or modify airport
facilities to provide low-emission fuel systems, gate electrification,
other related air quality improvements, acquisition of airport-owned
vehicles or ground support equipment with low-emission technology,
provided such vehicles are used exclusively on airport property or to
transport passengers and employees between the airport and the airport's
consolidated rental facility or an intermodal surface transportation
facility adjacent to the airport.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $532,392,074, to remain available
through September 30, 2026: Provided, That amounts made available under
this heading shall be derived from the general fund, and such funds
shall not be subject to apportionment formulas, special apportionment
categories, or minimum percentages under chapter 471 of title 49, United
States Code: Provided further, That of the sums appropriated under this
heading--
(1) $482,392,074 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act):
Provided, That funds made available under this section shall not
be subject to or considered under section 47115(j)(3)(B) of
title 49, United States Code;
(2) up to $50,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports; and
(3) not less than $3,000,000 shall be made available for two
remaining projects under section 190 of the FAA Reauthorization
Act of 2018 (Public Law 115-254): Provided, That,
notwithstanding subsection (j)(2) of section 190 of the FAA
Reauthorization Act of 2018 (Public Law 115-254), such grants
shall be made available for conducting testing activities in
support of studying the effectiveness of existing federally
funded sound insulation in residential areas located within the
65 DNL noise contour of a large-hub airport that will facilitate
future environmental mitigation projects in these areas:
Provided further, That, with respect to a project funded under
the previous proviso, the allowable project cost for such
project
[[Page 138 STAT. 312]]
shall be calculated without consideration of any costs that were
previously paid by the Government:
Provided further, That <<NOTE: Determination.>> 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. <<NOTE: Reimbursement.>> 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
[[Page 138 STAT. 313]]
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. <<NOTE: Fees. Reports.>> 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. <<NOTE: Advance notice.>> 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. <<NOTE: New Jersey.>> 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. <<NOTE: Determination.>> 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. <<NOTE: Reprogramming request.>> 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
[[Page 138 STAT. 314]]
center unless the Administrator submits a request for the reprogramming
of funds under section 405 of this Act.
Sec. 119D. <<NOTE: Reimbursement.>> 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. <<NOTE: Time periods.>> None of the funds appropriated or
otherwise made available to the FAA may be used to carry out the FAA's
obligations under section 44502(e) of title 49, United States Code,
unless the eligible air traffic system or equipment to be transferred to
the FAA under section 44502(e) of title 49, United States Code, was
purchased by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous States.
Sec. 119F. <<NOTE: Reimbursement. President.>> 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: <<NOTE: Audit.>> 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.
[[Page 138 STAT. 315]]
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 <<NOTE: 23 USC 104 note.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Applicability.>> 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
[[Page 138 STAT. 316]]
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) <<NOTE: Definition.>> $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, <<NOTE: Apportionments.>> 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
[[Page 138 STAT. 317]]
system corridor, as reported in the 2020 Appalachian Development
Highway System Future <<NOTE: Apportionments.>> 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: <<NOTE: Consultation.>> 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 <<NOTE: Apportionment.>> except as otherwise
provided under section 307(e) of such Act or this heading, funds
made available under this paragraph shall be administered as if
directly appropriated to the Denali Commission and subject to
applicable provisions of such Act, including the requirement in
section 307(e) of such Act that the local community provides a
10 percent non-Federal match in the form of any necessary land
or planning and design funds: Provided further, That such funds
shall be available until expended: Provided further, That the
Federal share of the costs for which an expenditure is made with
funds transferred under this paragraph shall be up to 90
percent;
(6) $13,500,000 shall be transferred to the Denali
Commission to carry out the Denali access system program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277): Provided, That a transfer under this
paragraph shall not be subject to section 311 of
[[Page 138 STAT. 318]]
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 <<NOTE: Determination.>> 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, <<NOTE: Calculation.>> 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
[[Page 138 STAT. 319]]
Code: Provided further, That <<NOTE: Calculation.>> 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. <<NOTE: 23 USC 104 note.>> (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) <<NOTE: Determination.>> 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) <<NOTE: Distribution. Applicability.>> 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
[[Page 138 STAT. 320]]
(5) <<NOTE: Distribution.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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 <<NOTE: Effective date.>> Unused Obligation
Authority.--Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
[[Page 138 STAT. 321]]
(1) <<NOTE: Revision.>> 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) <<NOTE: Time period.>> 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 <<NOTE: Deadline.>> later than 30 days
after the date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any
funds (excluding funds authorized for the program under section
202 of title 23, United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) <<NOTE: Determination.>> 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. <<NOTE: Reimbursement.>> 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. <<NOTE: Deadline. Waivers. Public information. Notice. 23
USC 313 note.>> 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
[[Page 138 STAT. 322]]
make an informal public notice and comment opportunity on the intent to
issue such waiver and the reasons therefor: Provided, That
the <<NOTE: Web posting.>> Secretary shall post on a website any waivers
granted under the Buy America requirements.
Sec.
123. <<NOTE: Grants. Deadlines. Notification. Evaluation.>> 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 <<NOTE: Notification. Reports.>> 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 <<NOTE: Time period.>> 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) <<NOTE: Definition. Time period.>> 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) <<NOTE: Effective date. Applicability. Certifications.>> 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) <<NOTE: Reports.>> 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:
[[Page 138 STAT. 323]]
(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: <<NOTE: Determination.>> 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
[[Page 138 STAT. 324]]
$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: <<NOTE: Calculation.>> 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: <<NOTE: Applicability.>> Provided further, That section 11101(e)
of the Infrastructure Investment and Jobs Act (Public Law 117-58) shall
apply to funds made available under this subsection.
(b) Funds described in this subsection are any funds that--
(1) are unobligated on the date of enactment of this Act;
and
(2) were made available for credit assistance under--
(A) the transportation infrastructure finance and
innovation program under subchapter II of chapter 1 of
title 23, United States Code, as in effect prior to
August 10, 2005; or
(B) the transportation infrastructure finance and
innovation program under chapter 6 of title 23, United
States Code.
(c) Funds made available under subsection (a) for a competitive
highway bridge program for States shall--
(1) be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs; and
(2) unless otherwise specified in this section, remain
available until September 30, 2027.
(d) The obligation limitation made available under section 120(a)(2)
that is associated with funds made available under subsection (a)
shall--
(1) remain available until September 30, 2027; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States
[[Page 138 STAT. 325]]
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. <<NOTE: Notice. Mail.>> 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.
[[Page 138 STAT. 326]]
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.
[[Page 138 STAT. 327]]
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 <<NOTE: Notification. Deadline.>> 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,
[[Page 138 STAT. 328]]
to pay for travel and related expenses for State management reviews and
to pay for core competency development training and related expenses for
highway safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $267,799,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$54,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading, up to $3,000,000 shall be available
pursuant to section 20108(d) of title 49, United States Code, for the
construction, alteration, and repair of buildings and improvements at
the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-state partnership for
intercity passenger rail grants as authorized by section 24911 of title
49, United States Code, $75,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to 2 percent of the
amounts made available under this heading in this Act for the costs of
award and project management oversight of grants carried out under title
49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail infrastructure
and safety improvements grants, as authorized by section 22907 of title
49, United States Code, $198,957,997, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act, $98,957,997 shall be made available for the
purposes, and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
requirements under subsections (g) and (l) of section 22907 of title 49,
United States Code, shall not apply to the preceding
proviso: <<NOTE: Distribution.>> 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
[[Page 138 STAT. 329]]
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 <<NOTE: Time period.>> 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.
[[Page 138 STAT. 330]]
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. <<NOTE: Amtrak. Overtime. Time periods.>> 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,
[[Page 138 STAT. 331]]
That the <<NOTE: Waiver authority. Determination.>> 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, <<NOTE: Reports. Summary.>> 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 138 STAT. 332]]
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 <<NOTE: Applicability. Approval.>> otherwise specified,
applicable requirements under chapter 53 of title 49, United
States Code, shall apply to
[[Page 138 STAT. 333]]
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:
[[Page 138 STAT. 334]]
Provided further, That <<NOTE: Continuation.>> 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 <<NOTE: Determination.>>
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. <<NOTE: Deadline.>> 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
[[Page 138 STAT. 335]]
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 <<NOTE: Contracts.>> Lakes St. Lawrence Seaway
Development Corporation is hereby authorized to make such expenditures,
within the limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations, as provided by
section 9104 of title 31, United States Code, as may be necessary in
carrying out the programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence Seaway
owned, operated, and maintained by the Great Lakes St. Lawrence Seaway
Development Corporation, $40,288,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238): Provided, That of the amounts
made available under this heading, not less than $16,300,000 shall be
for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission)
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet as authorized under chapter 531 of title 46, United States Code,
to serve the national security needs of the United States, $318,000,000,
to remain available until expended: Provided, That of the unobligated
balances from prior year appropriations available under this heading,
$17,000,000 are hereby permanently rescinded.
[[Page 138 STAT. 336]]
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 <<NOTE: Reports. Sexual assault and
harassment.>> 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.
[[Page 138 STAT. 337]]
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) <<NOTE: Determination.>> $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, <<NOTE: Reimbursement.>> 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''.
[[Page 138 STAT. 338]]
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,
[[Page 138 STAT. 339]]
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution Act
of 1990 (Public Law 101-380), $218,186,000, to remain available until
September 30, 2026, of which $30,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $180,786,000 shall be derived from
the Pipeline Safety Fund; of which $400,000 shall be derived from the
fees collected under section 60303 of title 49, United States Code, and
deposited in the Liquefied Natural Gas Siting Account for compliance
reviews of liquefied natural gas facilities; and of which $7,000,000
shall be derived from fees collected under section 60302 of title 49,
United States Code, and deposited in the Underground Natural Gas Storage
Facility Safety Account for the purpose of carrying out section 60141 of
title 49, United States Code: Provided, That not less than $1,058,000
of the amounts made available under this heading shall be for the one-
call state grant program: Provided further, That
any <<NOTE: Requirements. Notifications. Deadline.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Research plan. Approvals.>> 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
[[Page 138 STAT. 340]]
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.
[[Page 138 STAT. 341]]
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. <<NOTE: Loans. Contracts. Grants. Notifications. Deadline.>> 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: <<NOTE: List.>>
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: <<NOTE: Notifications.>> 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.
[[Page 138 STAT. 342]]
Sec. 187. <<NOTE: Reprogramming notice. Approvals.>> 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: <<NOTE: Deadline.>> 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. <<NOTE: Contracts. Certification.>> The Department of
Transportation may use funds provided by this Act, or any other Act, to
assist a contract under title 49 or 23 of the United States Code
utilizing geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation, policy or
other measure that forbids a recipient of a Federal Highway
Administration or Federal Transit Administration grant from imposing
such hiring preference on a contract or construction project with which
the Department of Transportation is assisting, only if the grant
recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does not
delay or displace any transportation project in the applicable
statewide transportation improvement program or transportation
improvement program.
Sec. 191. <<NOTE: Coordination. Contracts. Updates.>> 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
[[Page 138 STAT. 343]]
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''.
__________
Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 344]]
TITLE <<NOTE: Department of Housing and Urban Development Appropriations
Act, 2024.>> 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--
[[Page 138 STAT. 345]]
(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: <<NOTE: Determination.>>
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 <<NOTE: Advance notice.>> 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 <<NOTE: Vouchers.>> 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--
[[Page 138 STAT. 346]]
(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, <<NOTE: Notice. Federal Register,
publication.>> 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 <<NOTE: Notification. Deadline.>>
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 <<NOTE: Extension. Notification. Time period.>> 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 <<NOTE: Determination.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Determination.>> That the Secretary shall use
any offset referred to in the preceding two provisos throughout
the calendar year to prevent the termination of rental
[[Page 138 STAT. 347]]
assistance for families as the result of insufficient funding,
as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further,
That up to $200,000,000 shall be available only:
(A) for adjustments in the allocations for public
housing agencies, after application for an adjustment by
a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal
costs of vouchers resulting from unforeseen
circumstances or from portability under section 8(r) of
the Act;
(B) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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, <<NOTE: Allocation. Determination.>> 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
[[Page 138 STAT. 348]]
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, <<NOTE: Notice.>> 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 <<NOTE: Time period.>> 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
[[Page 138 STAT. 349]]
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, <<NOTE: Allocation. Determination.>> 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 <<NOTE: Grants.>> amount shall be
made available for renewal grants to recipients that received
assistance under prior Acts under
[[Page 138 STAT. 350]]
the Tribal HUD-VASH program: Provided
further, <<NOTE: Criteria. Data.>> 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, <<NOTE: Waiver authority. Requirements.>> 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, <<NOTE: Reports. Data.>> 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, <<NOTE: Reallocation. Determination.>> That the
Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under the Tribal HUD-
VASH program under prior Acts to existing recipients under the
Tribal HUD-VASH program;
(6) $15,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding available,
notwithstanding section 203 (competition provision) of this
title, to public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the Secretary
of the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, <<NOTE: Waiver authority. Requirements.>> 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 <<NOTE: Continuation. Veterans.>> 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
[[Page 138 STAT. 351]]
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 <<NOTE: Continuations.>> 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, <<NOTE: Review.>> 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, <<NOTE: Determination. Notification. Reallocation.>> Tha
t 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
[[Page 138 STAT. 352]]
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, <<NOTE: Distribution.>> 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, <<NOTE: Waiver authority.>> 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, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Bonus awards.>> 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, <<NOTE: Notification. Deadline.>> 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
[[Page 138 STAT. 353]]
measures: Provided further, <<NOTE: Effective
date. Allocation.>> 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, <<NOTE: Definition.>> That for purposes of such
section 9(j), the term ``obligate'' means, with respect to amounts, that
the amounts are subject to a binding agreement that will result in
outlays, immediately or in the future.
assisted housing inspections and risk assessments
For the Department's inspection and assessment programs, including
travel, training, and program support contracts, $50,000,000 to remain
available until September 30, 2025: Provided, That unobligated
balances, including recaptures and carryover, remaining from funds
appropriated under the heading ``Public Housing Fund'' to support
ongoing public housing financial and physical assessment activities
shall be available for the purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
choice neighborhoods initiative
For competitive grants under the choice neighborhoods initiative
(subject to section 24 of the United States Housing Act of
[[Page 138 STAT. 354]]
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, <<NOTE: Determination. Time period.>> 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, <<NOTE: Regulations.>> 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, <<NOTE: Consultation. Coordination.>> 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, <<NOTE: Grants. Deadline. Determination.>> 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.
[[Page 138 STAT. 355]]
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, <<NOTE: Grants.>> 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, <<NOTE: Waivers. Requirements.>> 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, <<NOTE: Notice. Federal Register,
publication. Waivers. Deadline.>> 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.
[[Page 138 STAT. 356]]
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, <<NOTE: Determination. Applicability.>> 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, <<NOTE: Notification. Deadline.>> 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
[[Page 138 STAT. 357]]
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, <<NOTE: Determination.>> That
amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, <<NOTE: Contracts.>> That notwithstanding
chapter 63 of title 31, United States Code (commonly known as
the Federal Grant and Cooperative Agreements Act of 1977), the
amounts made available in this paragraph may be used by the
Secretary to enter into cooperative agreements with public and
private organizations, agencies, institutions, and other
technical assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the administration
of performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$1,500,000, to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That amounts made available in this and prior Acts for
the cost of guaranteed loans, as authorized by section 184 of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
that are unobligated, including recaptures and carryover, may be
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $1,800,000,000, to remain available until
September 30, 2025.
native hawaiian housing block grant
For the Native Hawaiian housing block grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
remain available until September 30, 2028: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law: Provided further, That up
to $1,000,000
[[Page 138 STAT. 358]]
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
<<NOTE: Contracts.>> 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, <<NOTE: Notice.>> That
the process for submitting amendments and approving replacement
contracts shall be established by the Secretary in a notice: Provided
further, <<NOTE: Notification. Deadline.>> 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 <<NOTE: Grants.>> 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 <<NOTE: Evaluation.>> notwithstanding
section
[[Page 138 STAT. 359]]
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 <<NOTE: Reports.>> grantees shall report
to the Secretary regularly on their activities and outcomes:
Provided further, That the <<NOTE: Analysis.>> 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 <<NOTE: Waiver
authority. Requirements.>> 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, <<NOTE: Allocation.>> 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,
[[Page 138 STAT. 360]]
That eligible expenses of such grants in this and prior Acts may
include administrative, planning, operations and maintenance,
and other costs: Provided
further, <<NOTE: Grants. Reimbursement.>> 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, <<NOTE: Grants. Reimbursement.>> 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, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Fees.>> 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, <<NOTE: Distribution.>> That any State receiving such a
guarantee or commitment under the preceding proviso shall distribute all
funds subject to such guarantee to the units of general local government
in non-entitlement areas that received the commitment.
home <<NOTE: Time periods.>> 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 <<NOTE: Notification. Deadline.>> the Department shall notify
grantees of their formula allocations within 60
[[Page 138 STAT. 361]]
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 <<NOTE: State and local governments. Native
Americans.>> 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 <<NOTE: Native
Americans.>> 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 <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 138 STAT. 362]]
energy efficiency needs, except that for pre-1976 mobile homes, funds
made available under this heading may be used only for replacement:
Provided further, <<NOTE: Waiver authority. Requirements.>> 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, <<NOTE: Contracts.>> 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, <<NOTE: Notification. Deadline.>> 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
[[Page 138 STAT. 363]]
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, <<NOTE: Incentives.>> 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, <<NOTE: Notice.>> 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, <<NOTE: Contracts. Determination.>> 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,
[[Page 138 STAT. 364]]
on improving system responses to youth homelessness, and
collection, analysis, use, and reporting of data and performance
measures under the comprehensive approaches to serve homeless
youth, in addition to and in coordination with other technical
assistance funds provided under this title: Provided further,
That the Secretary may use up to 10 percent of the amount made
available under the preceding proviso to build the capacity of
current technical assistance providers or to train new technical
assistance providers with verifiable prior experience with
systems and programs for youth experiencing homelessness; and
(5) $100,000,000 shall be available for one-time awards
under the continuum of care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards may be
used for other continuum of care eligible activities associated
with such projects and not more than 10 percent of such awards
may be used for project administration: Provided,
That <<NOTE: Determination.>> 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, <<NOTE: Grants.>> 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, <<NOTE: Children, youth, and families.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Time periods.>> That any unobligated amounts remaining
from funds made available under this heading in fiscal year 2012 and
prior years for project-based rental
[[Page 138 STAT. 365]]
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 <<NOTE: Contracts.>> 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
[[Page 138 STAT. 366]]
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, <<NOTE: Determination. Remittance.>> 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, <<NOTE: Deadline.>> That any funding for existing service
coordinators under the preceding proviso shall be provided within 120
days of enactment of this Act: Provided further, <<NOTE: Waiver
authority. Time period.>> 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, <<NOTE: Determination. Remittance.>> 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.
[[Page 138 STAT. 367]]
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 <<NOTE: Determination. Remittance.>> the request of the
Secretary, project funds that are held in residual receipts accounts for
any project subject to a section 811 project rental assistance contract,
and that upon termination of such contract are in excess of an amount to
be determined by the Secretary, shall be remitted to the Department and
deposited in this account, to remain available until September 30, 2027:
Provided further, That amounts deposited in this account pursuant to
the preceding proviso shall be available in addition to the amounts
otherwise provided by this heading for the purposes authorized under
this heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be used for the current purposes
authorized under this heading in addition to the purposes for which such
funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $57,500,000, to remain available until September 30,
2025, including up to $4,500,000 for administrative contract services:
Provided, That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with respect to
property maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided
further, <<NOTE: Contracts.>> 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
[[Page 138 STAT. 368]]
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, <<NOTE: Effective
date.>> 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
[[Page 138 STAT. 369]]
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, <<NOTE: Fees.>> 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, <<NOTE: Contracts.>> 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 <<NOTE: Matching contribution.>> 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, <<NOTE: Compliance.>> 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)
[[Page 138 STAT. 370]]
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, <<NOTE: Plan. Allocation. Time
period.>> 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, <<NOTE: Urban and rural areas.>> 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 <<NOTE: Fees.>> section 3302 of title 31, United States
Code, the Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to develop
online courses and provide such training: Provided further,
That <<NOTE: Lobbying.>> 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
[[Page 138 STAT. 371]]
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
[[Page 138 STAT. 372]]
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 <<NOTE: Certification. Notice.>> 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, <<NOTE: Deadline. Briefing.>> 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. <<NOTE: Remittance.>> 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,
[[Page 138 STAT. 373]]
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. <<NOTE: Reports. Budget.>> 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.
[[Page 138 STAT. 374]]
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. <<NOTE: Time period.>> (a) Notwithstanding any other
provision of law, subject to the conditions listed under this section,
for fiscal years 2024 and 2025, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-based
assistance, debt held or insured by the Secretary and statutorily
required low-income and very low-income use restrictions if any,
associated with one or more multifamily housing project or projects to
another multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects.
(B) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Standards.>> The receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) <<NOTE: Notification. Consultation. Certification.>>
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) <<NOTE: Determination.>> The Secretary determines that
this transfer is in the best interest of the tenants.
(7) <<NOTE: Waiver authority. Determination.>> 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
[[Page 138 STAT. 375]]
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) <<NOTE: Records.>> 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) <<NOTE: Definitions.>> 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
[[Page 138 STAT. 376]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Allocation. Eligibility.>> 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.
[[Page 138 STAT. 377]]
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. <<NOTE: Determination. Contracts.>> 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. <<NOTE: Contracts. Notification. Notice.>> The Secretary
shall also take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other available
remedies, such as partial abatements or receivership. After disposition
of any multifamily property described in this section, the contract and
allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of a
reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 214. <<NOTE: 42 USC 1437g note.>> 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. <<NOTE: Determination.>> 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
[[Page 138 STAT. 378]]
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. <<NOTE: Notification. Public information. Federal
Register, publication. Notices. 42 USC 3545a note.>> 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. <<NOTE: Web
posting. Determination.>> 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 <<NOTE: Advance approval.>> 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 <<NOTE: Notification. Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification. Deadlines.>> 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.
<<NOTE: Requirements. Applicability.>> 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) <<NOTE: Deadline. Notice. Timetable. Determination.>> Within
15 days of the issuance of the Real Estate Assessment Center (``REAC'')
inspection, the Secretary shall provide the
[[Page 138 STAT. 379]]
owner with a Notice of Default with a specified timetable, determined by
the Secretary, for correcting all <<NOTE: Records.>> 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) <<NOTE: Requirement.>> require immediate replacement of
project management with a management agent approved by the
Secretary;
(B) <<NOTE: Penalties.>> 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) <<NOTE: Abatement. Determination.>> 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) <<NOTE: Contracts. Notification.>> 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. <<NOTE: Determination.>> 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.
[[Page 138 STAT. 380]]
(e) <<NOTE: Reports. Time period.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Grants. Notification. Deadline.>> None of the
funds made available by this Act and provided to the Department of
Housing and Urban Development may be used to make a grant award unless
the Secretary notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State, locality,
housing authority, Tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the Department or its
offices: Provided, That such notification shall list each grant award
by State and congressional district.
Sec. 222. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban Development
to insure, securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise replaces a
mortgage that has been subject to eminent domain condemnation or
seizure, by a State, municipality, or any other political subdivision of
a State.
Sec. 223. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are appropriated,
allocated, advanced on a reimbursable basis, or transferred to the
Office of Policy Development and Research of the Department of Housing
and Urban Development and functions thereof, for research, evaluation,
or statistical purposes, and that are unexpended at the time of
completion of a contract, grant, or cooperative
[[Page 138 STAT. 381]]
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. <<NOTE: Time period.>> 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. <<NOTE: Grants.>> (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) <<NOTE: Requirements. Determination.>> 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
[[Page 138 STAT. 382]]
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 <<NOTE: 42 USC 1437f note.>>
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) <<NOTE: Contracts.>> after the fourth proviso, by
inserting the following new provisos: ``Provided
further, <<NOTE: Requirements.>> 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
[[Page 138 STAT. 383]]
(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, <<NOTE: Contracts. Requirements.>> 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. <<NOTE: Determination. Allocation.>> 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, <<NOTE: Records. Reallocations.>>
That all offsets and reallocations from such available balances shall be
recorded against funds available for the next applicable formula
allocation cycle: Provided further, <<NOTE: Definition.>> 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, <<NOTE: Determination.>> That if, upon request by a recipient
and giving consideration to all Federal resources available to the
recipient for the same grant purposes, the Secretary determines that the
offset in the next applicable formula allocation cycle would critically
impair the recipient's ability to accomplish the purpose of the formula
grant, the Secretary
[[Page 138 STAT. 384]]
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, <<NOTE: Notification. Deadline.>> 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. <<NOTE: Compliance. Requirements. Notice. Public
comment. Contracts.>> The Secretary shall comply with all process
requirements, including public notice and comment, when seeking to
revise any annual contributions contract.
Sec. 235. <<NOTE: 42 USC 3539a.>> 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 <<NOTE: Notification. Time period.>> 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
[[Page 138 STAT. 385]]
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. <<NOTE: Determination.>> 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. <<NOTE: Time periods.>> (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, <<NOTE: Notification. Deadline.>> That the
[[Page 138 STAT. 386]]
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) <<NOTE: 42 USC 1437f
note.>> is amended by striking ``2028'' and inserting ``2038''.
Sec. 242. <<NOTE: Time
periods. Notification. Procedures. Requirements. Allocation.>> 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. <<NOTE: Waiver authority. Requirements.>> 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''.
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[[Page 138 STAT. 387]]
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 <<NOTE: Contracts.>> Inspector
General may enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and with
private persons, subject to the applicable laws and regulations that
govern the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
select, appoint, and employ such officers and employees as may be
necessary for carrying out the functions, powers, and duties of the
Office of Inspector General, subject to the applicable laws and
regulations that govern such selections, appointments, and employment
within the National Railroad Passenger Corporation: Provided
further, <<NOTE: Budget request.>> 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
[[Page 138 STAT. 388]]
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.
[[Page 138 STAT. 389]]
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. <<NOTE: Contracts.>> 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;
[[Page 138 STAT. 390]]
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) <<NOTE: Advance approval.>> 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, <<NOTE: Reports.>> 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) <<NOTE: Applicability.>> 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, <<NOTE: Advance approval. Expenditure
requests.>> 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 <<NOTE: Compliance.>> requests
shall be made in compliance with reprogramming guidelines under section
405 of this Act.
Sec. 407. <<NOTE: Eminent domain.>> 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
[[Page 138 STAT. 391]]
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. <<NOTE: Compliance.>> 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. <<NOTE: Conference attendees. Reports. Time period.>>
None of the funds made available in this Act may be used to send or
otherwise pay for the attendance of more than 50 employees of a single
agency or department of the United States Government, who are stationed
in the United States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees on
Appropriations at least 5 days in advance that such attendance is
important to the national interest: Provided,
That <<NOTE: Definition.>> 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. <<NOTE: Pornography.>> (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. <<NOTE: Records.>> (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
[[Page 138 STAT. 392]]
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) <<NOTE: Compliance.>> 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) <<NOTE: Reports. Compliance.>> 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. <<NOTE: Contracts. Determination.>> 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. <<NOTE: Deadline. Time period. Certification.>> 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
[[Page 138 STAT. 393]]
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.'';
[[Page 138 STAT. 394]]
(3) the item relating to ``Early Learning Childcare Center
Construction'' (recipient ``The Caring Place'') is deemed to be
amended by striking ``Early Learning Childcare Center
Construction'' and inserting ``CARE Center construction'';
(4) the item relating to ``Upper Bucks Rail Trail'' is
deemed to be amended by striking recipient ``Appalachian
Mountain Club'' and inserting ``The County of Bucks'';
(5) the item relating to ``YMCA & Albion College Initiative
of the Washington Gardner Center Building Renovation and
Expansion'' is deemed to be amended by striking ``YMCA & Albion
College Initiative of the Washington Gardner Center Building
Renovation and Expansion'' and inserting ``Site improvements'';
(6) the item relating to ``Wood County Industrial Site
Readiness and Redevelopment'' is deemed to be amended by
striking ``Wood County Industrial Site Readiness &
Redevelopment'' and inserting ``Redevelopment of Downtown
Parkersburg'';
(7) the item relating to ``B-360 Educational Campus'' is
deemed to be amended by striking ``I Am Mentality, Inc.'' and
inserting ``B-360 Baltimore, Inc.'';
(8) the item relating to ``Riverbrook Regional YMCA'' is
deemed to be amended by striking recipient ``Riverbrook Regional
Young Men's Christian Association, Inc.'' and inserting ``City
of Norwalk'';
(9) the item relating to ``Miami Veterans Housing Project''
is deemed to be amended by striking recipient ``United Way
Miami'' and inserting ``CRC Leadership, Inc.'';
(10) the item relating to ``Supportive Living, Community Day
Services, and Housing Site Project for Adults with Intellectual
and Developmental Disabilities'' is deemed to be amended by
striking ``, Community Day Services, and Housing'';
(11) the item relating to ``Public Library Addition'' is
deemed to be amended by striking ``Addition'' and inserting
``Renovation'';
(12) the item relating to ``Renovation of Snelling Motel to
Affordable Housing for Veterans'' is deemed to be amended by
striking ``Snelling Motel to'' and inserting ``Hotel for'';
(13) the item relating to ``Indigenous Farm Hub'' is deemed
to be amended by striking recipient ``Tides Center'' and
inserting ``Native American Community Academy Inspired Schools
Network (NISN)'';
(14) the item relating to ``El Centro de la Raza--Pattison's
West Community Campus Property Acquisition'' is deemed to be
amended by striking ``El Centro de la Raza--Pattison's West
Community Campus Property Acquisition'' and inserting
``Pattison's West Community Campus'';
(15) the item relating to ``Road Raising & Flood Resiliency
for Amity Harbor and American Venice Project'' is deemed to be
amended by striking ``Road Raising & Flood Resiliency for Amity
Harbor and American Venice Project'' and inserting ``Town of
Babylon Federal Aid Roadway Improvement Project'';
(16) the item relating to ``Dayton International Airport
(DAY)--Northeast Logistics Access Project'' is amended by
striking ``Dayton International Airport (DAY)--Northeast
Logistics Access Project'' and inserting ``Infrastructure
capital improvements, including street, wastewater and sewer
line improvements'';
[[Page 138 STAT. 395]]
(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. <<NOTE: Permits.>> 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
[[Page 138 STAT. 396]]
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. <<NOTE: Mask mandate.>> 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''.
__________
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 397]]
DIVISION G--OTHER MATTERS
TITLE I <<NOTE: Time periods.>> --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);
[[Page 138 STAT. 398]]
(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''.
[[Page 138 STAT. 399]]
(e) Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``March 8, 2024'' and
inserting ``December 31, 2024''.
Subtitle B--Medicaid
SEC. 201. REQUIREMENT FOR STATE MEDICAID PLANS TO PROVIDE COVERAGE
FOR MEDICATION-ASSISTED TREATMENT.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)(29), by striking ``for the period
beginning October 1, 2020, and ending September 30, 2025,'' and
inserting ``beginning on October 1, 2020,''; and
(2) <<NOTE: Certification.>> 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. <<NOTE: 42 USC 1396w-8.>> 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) <<NOTE: Public information. Web posting.>> 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. <<NOTE: Privacy.>> 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) <<NOTE: District of Columbia. Territories.>>
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
[[Page 138 STAT. 400]]
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) <<NOTE: List.>> 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.
[[Page 138 STAT. 401]]
``(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) <<NOTE: Assessments.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Assessments.>> 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
[[Page 138 STAT. 402]]
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) <<NOTE: Deadlines.>> Publication.--
``(1) <<NOTE: Public information. Analysis.>> In general.--
Not later than 18 months after the date of enactment of this
section, the Secretary shall make publicly available the first
analysis required by subsection (a).
``(2) Annual updates.--The Secretary shall issue an updated
version of the analysis required under subsection (a) not later
than January 1 of each calendar year.
``(3) Use of t-msis data.--The analysis required under
subsection (a) and updates required under paragraph (4) shall--
``(A) use data and definitions from the T-MSIS data
set that is no more than 12 months old on the date that
the analysis or update is published; and
``(B) as appropriate, include a description with
respect to each State of the quality and completeness of
the data and caveats describing the limitations of the
data reported to the Secretary by the State that is
sufficient to communicate the appropriate uses for the
information.
``(4) Revised publication.--Beginning not later than 3 years
after the date of enactment of this section, the Secretary
annually shall publish a revised publication of the analysis
required by subsection (a) that allows for a research-ready and
publicly accessible interface of the publication and is
developed after consultation with stakeholders on the usability
of the data contained in the publication.
``(5) Making t-msis data on substance use disorders and
mental health conditions available to researchers.--
``(A) Requirement to publish system of records
notice.--
``(i) <<NOTE: Federal Register,
publication.>> 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) <<NOTE: District of
Columbia. Territories.>> Required data.--The data
covered by the systems of records notice required
under clause (i) shall be sufficient for
researchers and States to analyze
[[Page 138 STAT. 403]]
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. <<NOTE: Determination.>> --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) <<NOTE: 42 USC 1396a note.>> 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 <<NOTE: Effective date.>> 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)--
[[Page 138 STAT. 404]]
(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.-- <<NOTE: Effective
date.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: 42 USC 1396n note.>> 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
[[Page 138 STAT. 405]]
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) <<NOTE: Deadlines.>> 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) <<NOTE: Effective dates. 42 USC 1396n note.>> 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) <<NOTE: Deadline.>> 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), <<NOTE: 136 Stat. 5944.>> is further amended--
(A) by striking ``under the State plan'' and
inserting ``under the State plan (or waiver of such
plan)'';
[[Page 138 STAT. 406]]
(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) <<NOTE: 42 USC 1396a note.>> Effective date.--The
amendments made by--
(A) subparagraph (A) of paragraph (1) shall take
effect on the date of the enactment of this Act; and
(B) subparagraphs (B) through (F) of paragraph (1)
shall take effect on January 1, 2026.
(b) CHIP.--
(1) In general.--Section 2102(d)(1)(A) of the Social
Security Act (42 U.S.C. 1397bb(d)(1)(A)) is amended--
(A) by inserting ``or pregnancy-related'' after
``child health'';
(B) by inserting ``or targeted low-income pregnant
woman'' after ``targeted low-income child'';
(C) by inserting ``or pregnant woman'' after
``because the child''; and
(D) by inserting ``or pregnant woman'' after
``during the period the child''.
(2) <<NOTE: 42 USC 1397bb note.>> 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) <<NOTE: 42 USC 1396d.>> 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. <<NOTE: 42 USC 1396a note.>> ADDRESSING OPERATIONAL
BARRIERS TO PROMOTE CONTINUITY OF CARE FOR
MEDICAID AND CHIP BENEFICIARIES FOLLOWING
INCARCERATION.
(a) State Planning Grants.--
(1) <<NOTE: Deadline.>> 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
[[Page 138 STAT. 407]]
health assistance or pregnancy-related assistance under the
State CHIP.
(2) <<NOTE: Compliance.>> 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) <<NOTE: Determinations.>> 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
[[Page 138 STAT. 408]]
(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) <<NOTE: Determinations.>> 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.--
[[Page 138 STAT. 409]]
(1) <<NOTE: Deadline.>> 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,
[[Page 138 STAT. 410]]
providing application and renewal assistance for
those who are not yet enrolled in such programs or
whose eligibility needs to be renewed, and
coordinating reinstatement of coverage under such
programs with managed care enrollment.
(iv) Ensuring that an individual who is an
inmate of a public institution and is eligible for
medical assistance under a State Medicaid program
or for child health assistance or pregnancy-
related assistance under a State CHIP receives, in
a timely fashion, any such assistance for which
Federal financial participation is authorized,
such as, a supply of medications or prescription
refill upon release and the services required
under sections 1902(a)(84)(D) and 2102(d) of the
Social Security Act (42 U.S.C. 1396a(a)(84)(D),
1397bb(d)).
(v) Establishing community-based provider
networks, including those comprised of case
managers, for purposes of providing continuity of
care to individuals who are eligible for medical
assistance under a State Medicaid program or child
health assistance or pregnancy-related assistance
under a State CHIP before, during, and after
incarceration.
(c) Definitions.--In this section:
(1) Public institution.--The term ``public institution'' has
the meaning given that term in section 1902(nn)(3) of the Social
Security Act (42 U.S.C. 1396a(nn)(3)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
(4) State chip.--The term ``State CHIP'' means a State child
health plan for child health assistance under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.), and includes any
waiver of such a plan.
(5) State medicaid program.--The term ``State Medicaid
program'' means a State plan for medical assistance under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and
includes any waiver of such a plan.
SEC. 207. <<NOTE: 42 USC 1396a note.>> GUIDANCE RELATING TO
IMPROVING THE BEHAVIORAL HEALTH WORKFORCE
AND INTEGRATION OF CARE UNDER MEDICAID AND
CHIP.
(a) <<NOTE: Deadline.>> 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:
[[Page 138 STAT. 411]]
(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) <<NOTE: Strategies.>> 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) <<NOTE: Overview.>> 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 <<NOTE: Definition.>> Primary Care Services.--For purposes of
[[Page 138 STAT. 412]]
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:
[[Page 138 STAT. 413]]
``(jj) Certified Community Behavioral Health Clinic Services.--
``(1) In general.--The term `certified community behavioral
health services' means any of the following services when
furnished to an individual as a patient of a certified community
behavioral health clinic (as defined in paragraph (2)), in a
manner reflecting person-centered care and which, if not
available directly through a certified community behavioral
health clinic, may be provided or referred through formal
relationships with other providers:
``(A) Crisis mental health services, including 24-
hour mobile crisis teams, emergency crisis intervention
services, and crisis stabilization.
``(B) Screening, assessment, and diagnosis,
including risk assessment.
``(C) Patient-centered treatment planning or similar
processes, including risk assessment and crisis
planning.
``(D) Outpatient mental health and substance use
services.
``(E) Outpatient clinic primary care screening and
monitoring of key health indicators and health risk.
``(F) Intensive case management services.
``(G) Psychiatric rehabilitation services.
``(H) Peer support and counselor services and family
supports.
``(I) Intensive, community-based mental health care
for members of the armed forces and veterans who are
eligible for medical assistance, particularly such
members and veterans located in rural areas, provided
the care is consistent with minimum clinical mental
health guidelines promulgated by the Veterans Health
Administration, including clinical guidelines contained
in the Uniform Mental Health Services Handbook of such
Administration.
``(2) Certified community behavioral health clinic.--The
term `certified community behavioral health clinic' means an
organization that--
``(A) has been certified by a State as meeting the
criteria established by the Secretary pursuant to
subsection (a) of section 223 of the Protecting Access
to Medicare Act as of January 1, 2024, and any
subsequent updates to such criteria, regardless of
whether the State is carrying out a demonstration
program under this title under subsection (d) of such
section;
``(B) is engaged in furnishing all of the services
described in paragraph (1); and
``(C) agrees, as a condition of the certification
described in subparagraph (A), to furnish to the State
or Secretary any data required as part of ongoing
monitoring of the organization's provision of services,
including encounter data, clinical outcomes data,
quality data, and such other data as the State or
Secretary may require.''.
(b) <<NOTE: 42 USC 1396d note.>> 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.
[[Page 138 STAT. 414]]
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), <<NOTE: Ante, p. 6.>> 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), <<NOTE: Ante, p. 6.>> 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
[[Page 138 STAT. 415]]
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
[[Page 138 STAT. 416]]
(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'';
[[Page 138 STAT. 417]]
(B) in subclause (III), by inserting ``and the
portion of fiscal year 2025 beginning on October 1,
2024, and ending on December 31, 2024'' after ``through
2024''; and
(C) in subclause (IV), by striking ``fiscal year
2025'' and inserting ``the portion of fiscal year 2025
beginning on January 1, 2025, and ending on September
30, 2025, and fiscal year 2026''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by inserting
``or during the portion of fiscal year 2025 beginning on
October 1, 2024, and ending on December 31, 2024'' after
``through 2024''; and
(B) in clause (ii), by inserting ``and the portion
of fiscal year 2025 beginning on October 1, 2024, and
ending on December 31, 2024'' after ``through 2024''.
(b) <<NOTE: 42 USC 1395ww note.>> 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''.
[[Page 138 STAT. 418]]
Subtitle D--Human Services
SEC. 401. <<NOTE: 42 USC 601 note.>> 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), <<NOTE: Ante, p. 6.>> 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), <<NOTE: Ante, pp. 6, 7.>> is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i)--
[[Page 138 STAT. 419]]
(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 <<NOTE: Compact of Free Association Amendments Act of
2024. Territories.>> --AMENDING COMPACTS OF FREE ASSOCIATION
SEC. 201. <<NOTE: 48 USC 1901 note.>> SHORT TITLE.
This title may be cited as the ``Compact of Free Association
Amendments Act of 2024''.
SEC. 202. <<NOTE: 48 USC 1981.>> 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
[[Page 138 STAT. 420]]
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. <<NOTE: 48 USC 1982.>> 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
[[Page 138 STAT. 421]]
the United States of America and the Government of the Federated
States of Micronesia'' set forth in section 201(a) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921 note; Public Law 108-188).
(3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended
U.S.-RMI Compact'' means the Compact of Free Association
amending the 1986 Compact entitled ``Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands'' set forth in section 201(b) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188).
(4) 2023 agreement to amend the u.s.-fsm compact.--The term
``2023 Agreement to Amend the U.S.-FSM Compact'' means the
Agreement between the Government of the United States of America
and the Government of the Federated States of Micronesia to
Amend the Compact of Free Association, as Amended, done at
Palikir May 23, 2023.
(5) 2023 agreement to amend the u.s.-rmi compact.--The term
``2023 Agreement to Amend the U.S.-RMI Compact'' means the
Agreement between the Government of the United States of America
and the Government of the Republic of the Marshall Islands to
Amend the Compact of Free Association, as Amended, done at
Honolulu October 16, 2023.
(6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended
U.S.-FSM Compact'' means the 2003 Amended U.S.-FSM Compact, as
amended by the 2023 Agreement to Amend the U.S.-FSM Compact.
(7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended
U.S.-RMI Compact'' means the 2003 Amended U.S.-RMI Compact, as
amended by the 2023 Agreement to Amend the U.S.-RMI Compact.
(8) 2023 u.s.-fsm federal programs and services agreement.--
The term ``2023 U.S.-FSM Federal Programs and Services
Agreement'' means the 2023 Federal Programs and Services
Agreement between the Government of the United States of America
and the Government of the Federated States of Micronesia, done
at Washington September 28, 2023.
(9) 2023 u.s.-fsm fiscal procedures agreement.--The term
``2023 U.S.-FSM Fiscal Procedures Agreement'' means the
Agreement Concerning Procedures for the Implementation of United
States Economic Assistance provided in the 2023 Amended U.S.-FSM
Compact between the Government of the United States of America
and the Government of the Federated States of Micronesia, done
at Palikir May 23, 2023.
(10) 2023 u.s.-fsm trust fund agreement.--The term ``2023
U.S.-FSM Trust Fund Agreement'' means the Agreement between the
Government of the United States of America and the Government of
the Federated States of Micronesia Regarding the Compact Trust
Fund, done at Palikir May 23, 2023.
(11) 2023 u.s.-palau compact review agreement.--The term
``2023 U.S.-Palau Compact Review Agreement'' means the Agreement
between the Government of the United States of America and the
Government of the Republic of Palau Resulting From the 2023
Compact of Free Association Section 432 Review, done at Port
Moresby May 22, 2023.
[[Page 138 STAT. 422]]
(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).
[[Page 138 STAT. 423]]
SEC. 204. <<NOTE: 48 USC 1983.>> 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) <<NOTE: 48 USC 1921 note.>> 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) <<NOTE: 48 USC 1921 note.>> 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) <<NOTE: Applicability.>> 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
[[Page 138 STAT. 424]]
(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.-- <<NOTE: Effective date. President.>> An agreement between
the United States and the Government of the Federated States of
Micronesia, the Government of the Republic of the Marshall Islands, or
the Government of the Republic of Palau that would amend, change, or
terminate any subsidiary agreement or portion of a subsidiary agreement
(other than an amendment to, change to, or termination of an agreement
described in subsection (d)) shall not enter into force until the date
that is 90 days after the date on which the President has transmitted to
the President of the Senate and the Speaker of the House of
Representatives--
(1) the agreement to amend, change, or terminate the
subsidiary agreement;
(2) an explanation of the amendment, change, or termination;
(3) a description of the reasons for the amendment, change,
or termination; and
(4) <<NOTE: Statement.>> 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. <<NOTE: 48 USC 1984.>> 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
[[Page 138 STAT. 425]]
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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Statement. Attestation.>> 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
[[Page 138 STAT. 426]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Attestation.>> 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) <<NOTE: Time period.>> Reappointment.--A United States
member of the Committee appointed under paragraph (2) may be
reappointed for not more than 2 additional 2-year terms.
[[Page 138 STAT. 427]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Statement. Attestation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Attestation.>> 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. <<NOTE: 48 USC 1985.>> 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
[[Page 138 STAT. 428]]
provide nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal
inspection of illicit drugs and other contraband, to enable the
Government of the Republic of the Marshall Islands--
(A) to develop and adequately enforce laws of the
Marshall Islands; and
(B) to cooperate with the United States in the
enforcement of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant
to subsection (j) of section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) (as amended
by section 209(j)) may be used in accordance with section 103(a)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(a)).
(b) Espousal Provisions.--
(1) In general.--Congress reaffirms that--
(A) section 103(g)(1) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(g)(1)) and
section 103(e)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(e)(1)) provided
that ``It is the intention of the Congress of the United
States that the provisions of section 177 of the Compact
of Free Association and the Agreement between the
Government of the United States and the Government of
the Marshall Islands for the Implementation of Section
177 of the Compact (hereafter in this subsection
referred to as the `Section 177 Agreement') constitute a
full and final settlement of all claims described in
Articles X and XI of the Section 177 Agreement, and that
any such claims be terminated and barred except insofar
as provided for in the Section 177 Agreement.''; and
(B) section 103(g)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(g)(2)) and
section 103(e)(2) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(e)(2)) provided
that ``In furtherance of the intention of Congress as
stated in paragraph (1) of this subsection, the Section
177 Agreement is hereby ratified and approved. It is the
explicit understanding and intent of Congress that the
jurisdictional limitations set forth in Article XII of
such Agreement are enacted solely and exclusively to
accomplish the objective of Article X of such Agreement
and only as a clarification of the effect of Article X,
and are not to be construed or implemented separately
from Article X.''.
(2) Effect.--Nothing in the 2023 Agreement to Amend the
U.S.-RMI Compact affects the application of the provisions of
law reaffirmed by paragraph (1).
(c) Certain Section 177 Agreement Provisions.--Congress reaffirms
that--
(1) Article IX of the Agreement Between the Government of
the United States and the Government of the Marshall Islands for
the Implementation of Section 177 of the Compact of Free
Association, done at Majuro June 25, 1983, provided that ``If
loss or damage to property and person of the citizens of the
Marshall Islands, resulting from the Nuclear Testing Program,
arises or is discovered after the effective date of this
Agreement, and such injuries were not and could not
[[Page 138 STAT. 429]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Statement. Attestation.>> 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).
[[Page 138 STAT. 430]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Attestation.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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.
[[Page 138 STAT. 431]]
(5) Notice.--
(A) <<NOTE: Deadline. Statement. Attestation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Attestation.>> if the report is
submitted by the applicable deadline, written notice
attesting that the report is complete and accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been
timely submitted.
(f) Four Atoll Health Care Program.--Congress reaffirms that--
(1) section 103(j)(1) of the Compact of Free Association Act
of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(h)(1)) provided that services ``provided by the United
States Public Health Service or any other United States agency
pursuant to section 1(a) of Article II of the Agreement for the
Implementation of Section 177 of the Compact (hereafter in this
subsection referred to as the `Section 177 Agreement') shall be
only for services to the people of the Atolls of Bikini,
Enewetak, Rongelap, and Utrik who were affected by the
consequences of the United States nuclear testing program,
pursuant to the program described in Public Law 95-134 and
Public Law 96-205 and their descendants (and any other persons
identified as having been so affected if such identification
occurs in the manner described in such public laws). Nothing in
this subsection shall be construed as prejudicial to the views
or
[[Page 138 STAT. 432]]
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) <<NOTE: Time period.>> 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) <<NOTE: President.>> 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) <<NOTE: Grants.>> Agricultural and Food Programs.--
(1) In general.--Congress reaffirms that--
(A) <<NOTE: Time
period. President. Contracts.>> 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
[[Page 138 STAT. 433]]
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. <<NOTE: 48 USC 1986.>> 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
[[Page 138 STAT. 434]]
(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) <<NOTE: Attestation.>> 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. <<NOTE: 48 USC 1987.>> 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.
[[Page 138 STAT. 435]]
(2) <<NOTE: Time period.>> Reports.--Not later than 18
months after the date of the enactment of this Act, and every 4
years thereafter, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
with respect to the Freely Associated States, including
addressing--
(A) the topics described in subparagraphs (A)
through (E) of section 104(h)(1) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921c(h)(1)), except that for purposes of a report
submitted under this paragraph, the report shall address
those topics with respect to each of the Freely
Associated States; and
(B) the effectiveness of administrative oversight by
the United States of the Freely Associated States.
(b) Secretary of the Interior Oversight Authority.--The Secretary of
the Interior shall have the authority necessary to fulfill the
responsibilities for monitoring and managing the funds appropriated to
the Compact of Free Association account of the Department of the
Interior by section 211(a) to carry out--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; and
(4) subsidiary agreements.
(c) Postmaster General Oversight Authority.--The Postmaster General
shall have the authority necessary to fulfill the responsibilities for
monitoring and managing the funds appropriated to the United States
Postal Service under paragraph (1) of section 211(b) and deposited in
the Postal Service Fund under paragraph (2)(A) of that section to carry
out--
(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(3) section 221(a)(2) of the U.S.-Palau Compact; and
(4) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(d) Interagency Group on Freely Associated States.--
(1) <<NOTE: President.>> 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;
[[Page 138 STAT. 436]]
(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
[[Page 138 STAT. 437]]
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) <<NOTE: President.>> 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) <<NOTE: Reports.>> 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
__________
---------------------------------------------------------------------------
*See ENDNOTE on 138 Stat. 452.
---------------------------------------------------------------------------
[[Page 138 STAT. 438]]
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. <<NOTE: 48 USC 1988.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Contracts.>> contracts or other agreements;
``(B) <<NOTE: Reimbursement.>> 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.
[[Page 138 STAT. 439]]
``(4)(A) <<NOTE: Determinations.>> 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) <<NOTE: Notice.>> provide direct notice of that
determination to such veterans; and
``(ii) <<NOTE: Federal Register, publication.>> publish
that determination and the reasons for that determination in the
Federal Register.
``(5) <<NOTE: Definitions.>> 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) <<NOTE: Payments.>> 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) <<NOTE: Regulations.>> The Secretary shall prescribe
regulations to carry out this subsection.
``(4) <<NOTE: Definitions.>> 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
[[Page 138 STAT. 440]]
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
[[Page 138 STAT. 441]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Grants.>> 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.);
[[Page 138 STAT. 442]]
(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) <<NOTE: Requirement.>> require, as a condition
of eligibility for a public institution of higher
education in any State (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) that is
not a Freely Associated State to participate in or
receive funds under any program under title IV of such
Act (20 U.S.C. 1070 et seq.), that the institution
charge students who are citizens of the Federated States
of Micronesia, the Republic of the Marshall Islands, or
the Republic of Palau tuition for attendance at a rate
that is not greater than the rate charged for residents
of the State in which such public institution of higher
education is located; and
(F) continue to make available, to eligible
institutions of higher education, secondary schools, and
nonprofit organizations in the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau, competitive grants under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(2) Other formula grants.--Except as provided in paragraph
(1), the Secretary of Education shall not make a grant under any
formula grant program administered by the Department of
Education to the Federated States of Micronesia, the Republic of
the Marshall Islands, or the Republic of Palau.
(3) Grants to the freely associated states under part b of
the individuals with disabilities education act.--Section
611(b)(1) of the Individuals with Disabilities Education Act (20
U.S.C. 1411(b)(1)) is amended by striking subparagraph (A) and
inserting the following:
``(A) Funds reserved.--From the amount appropriated
for any fiscal year under subsection (i), the Secretary
shall reserve not more than 1 percent, which shall be
used as follows:
``(i) To provide assistance to the outlying
areas in accordance with their respective
populations of individuals aged 3 through 21.
``(ii)(I) To provide each freely associated
State a grant so that no freely associated State
receives a lesser share of the total funds
reserved for the freely associated State than the
freely associated State received of those funds
for fiscal year 2023.
[[Page 138 STAT. 443]]
``(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) <<NOTE: Definition.>> 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
[[Page 138 STAT. 444]]
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) <<NOTE: Reimbursement.>> 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) <<NOTE: Time periods.>> 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
[[Page 138 STAT. 445]]
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
[[Page 138 STAT. 446]]
with appropriate officials of the Asian Development Bank and relevant
international financial institutions (as defined in section 1701(c) of
the International Financial Institutions Act (22 U.S.C. 262r(c))), as
appropriate, with respect to overall economic conditions in, and the
activities of other providers of assistance to, the Freely Associated
States.
(h) Chief of Mission.--Section 105(b) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(b)) is amended by
striking paragraph (5) and inserting the following:
``(5) Pursuant to section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927), all United States Government executive
branch employees in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau fall
under the authority of the respective applicable chief of
mission, except for employees identified as excepted from the
authority under Federal law or by Presidential directive.''.
(i) Establishment of a Unit for the Freely Associated States in the
Bureau of East Asian and Pacific Affairs of the Department of State and
Increasing Personnel Focused on Oceania.--
(1) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(2) Requirements.--The Secretary of State shall--
(A) assign additional full-time equivalent personnel
to the Office of Australia, New Zealand, and Pacific
Island Affairs of the Bureau of East Asian and Pacific
Affairs of the Department of State, including to the
unit established under subparagraph (B), as the
Secretary of State determines to be appropriate, in
accordance with paragraph (4)(A); and
(B) establish a unit in the Bureau of East Asian and
Pacific Affairs of the Department of State to carry out
the functions described in paragraph (3).
(3) Functions of unit.--The unit established under paragraph
(2)(B) shall be responsible for the following:
(A) Managing the bilateral and regional relations
with the Freely Associated States.
(B) Supporting the Secretary of State in leading
negotiations relating to the Compacts of Free
Association with the Freely Associated States.
(C) Coordinating, in consultation with the
Department of the Interior, the Department of Defense,
and other interagency partners as appropriate,
implementation of the Compacts of Free Association with
the Freely Associated States.
(4) Full-time equivalent employees.--The Secretary of State
shall--
(A) <<NOTE: Deadline.>> 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--
[[Page 138 STAT. 447]]
(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) <<NOTE: Reports. Time period.>> 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) <<NOTE: Applicability.>> 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,
[[Page 138 STAT. 448]]
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) <<NOTE: Time periods.>> 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. <<NOTE: 48 USC 1989.>> 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
[[Page 138 STAT. 449]]
(E) section 209.
(3) Authority.--The heads of the Federal agencies,
departments, and instrumentalities to which appropriations are
made available under paragraph (1) as well as the Federal
Deposit Insurance Corporation shall--
(A) have the authority to carry out any activities
that are necessary to fulfill the obligations, services,
and programs described in paragraph (2); and
(B) use available funds to carry out the activities
under subparagraph (A).
(b) Additional Assistance.--Any assistance provided pursuant to
section 105(j) of the Compact of Free Association Amendments Act of 2003
(48 U.S.C. 1921d(j)) (as amended by section 209(j)) and sections 205(a),
206(a), 207(b), and 209 shall be in addition to and not charged against
any amounts to be paid to the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau pursuant
to--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; or
(4) any related subsidiary agreement.
(c) Remaining Balances.--Notwithstanding any other provision of law,
including section 109 of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921h)--
(1) remaining balances appropriated to carry out sections
211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact,
shall be programmed pursuant to Article IX of the 2023 U.S.-FSM
Fiscal Procedures Agreement; and
(2) remaining balances appropriated to carry out sections
211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact,
shall be programmed pursuant to Article XI of the 2023 U.S.-RMI
Fiscal Procedures Agreement.
(d) Grants.--Notwithstanding any other provision of law--
(1) contributions under the 2023 Amended U.S.-FSM Compact,
the 2023 U.S.-Palau Compact Review Agreement, and the 2023
Amended U.S.-RMI Compact may be provided as grants for purposes
of implementation of the 2023 Amended U.S.-FSM Compact, the 2023
U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-
RMI Compact under the laws of the United States; and
(2) funds appropriated pursuant to section 211 may be
deposited in interest-bearing accounts and any interest earned
may be retained in and form part of those accounts for use
consistent with the purpose of the deposit.
(e) Rule of Construction.--Except as specifically provided, nothing
in this title or the amendments made by this title amends the following:
(1) Title I of the Compact of Free Association Act of 1985
(48 U.S.C. 1901 et seq.).
(2) Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.).
(3) Title I of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921 et seq.).
(4) Section 1259C of the National Defense Authorization Act
for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115-91).
[[Page 138 STAT. 450]]
(5) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2018 (Public Law 115-141; 132 Stat.
635).
(f) <<NOTE: Grants.>> 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. <<NOTE: Time periods. 48 USC 1990.>> 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
[[Page 138 STAT. 451]]
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. <<NOTE: United States Parole Commission Additional
Extension Act of 2024.>> UNITED STATES
PAROLE COMMISSION EXTENSION.
(a) <<NOTE: 18 USC 1 note.>> Short Title.--This section may be
cited as the ``United States Parole Commission Additional Extension Act
of 2024''.
(b) <<NOTE: 18 USC 3551 note.>> 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''
[[Page 138 STAT. 452]]
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.
Approved March 9, 2024.
LEGISLATIVE HISTORY--H.R. 4366 (S. 2127):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 118-122 (Comm. on Appropriations).
SENATE REPORTS: No. 118-43 (Comm. on Appropriations) accompanying S.
2127.
CONGRESSIONAL RECORD:
Vol. 169 (2023):
July 26, 27, considered and passed
House.
Sept. 14, 18-20, Oct. 25, 26, 31,
Nov. 1, considered and passed
Senate, amended.
Vol. 170 (2024):
Mar. 6, House concurred in Senate
amendment with an amendment
pursuant to H. Res. 1061. Senate
considered concurring in House
amendment.
Mar. 8. Senate concurred in House
amendment.
<all>
__________
---------------------------------------------------------------------------
* ENDNOTE: The following appendices were added pursuant to the
provisions of section 208(h)(1) of Title II of Division G of this Act
(138 Stat. 437).
[[Page 138 STAT. 452A-1]]
TABLE OF CONTENTS
The table of contents is as follows:
APPENDIX A--2023 Agreement to Amend the U.S.-FSM Compact
APPENDIX B--2023 Agreement to Amend the U.S.-RMI Compact
[[Page 132 STAT. 452A-3]]
APPENDIX A--2023 Agreement to Amend the U.S.-FSM Compact
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
The Government of the United States of America and the Government of the
Federated States of Micronesia (the ``Signatory Governments'') hereby
agree to amend 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, done at Palikir on May 14, 2003 (the
``Compact, as Amended''), as follows:
Part 1. Title Two Amendments
1. Article I of the Compact, as Amended shall be replaced with the
following:
``Article I
Grant Assistance
Section 211
(a) Sector Grants. In order to assist the Government of the
Federated States of Micronesia in its efforts to promote the economic
advancement, budgetary self-reliance, and economic self-sufficiency of
its people, and in recognition of the special relationship that exists
between the Federated States of Micronesia and the United States, the
Government of the United States shall provide assistance on a sector
grant basis beginning in Fiscal Year 2004 in the amounts set forth in
section 216. Such grants shall be used for assistance in the sectors of
education, health care, private sector development, the environment,
public sector capacity building, and public infrastructure, or for other
sectors as mutually agreed, with priorities in the education and health
care sectors. For each year such sector grant assistance is made
available, the proposed division of this amount among these sectors
shall be certified to the Government of the United States by the
Government of the Federated States of Micronesia and shall be subject to
the concurrence of the Government of the United States. In such case,
the Government of the United States shall disburse the
[[Page 132 STAT. 452A-4]]
agreed upon amounts and monitor the use of such sector grants in
accordance with the provisions of this Article and the Agreement
Concerning Procedures for the Implementation of United States Economic
Assistance Provided in 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, done at Palikir on
February 27, 2004 (``2004 Fiscal Procedures Agreement'').
(1) Education. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the plan described in subsection (c) of this
section to support and improve the educational system of the
Federated States of Micronesia and develop the human, financial,
and material resources necessary for the Government of the
Federated States of Micronesia to perform these services.
Emphasis should be placed on advancing a quality basic education
system.
(2) Health. United States grant assistance under subsection
(a) of this section shall be made available in accordance with
the plan described in subsection (c) of this section to support
and improve the delivery of preventive, curative and
environmental care and develop the human, financial, and
material resources necessary for the Government of the Federated
States of Micronesia to perform these services.
(3) Private Sector Development. United States grant
assistance under subsection (a) of this section shall be made
available in accordance with the plan described in subsection
(c) of this section to support the efforts of the Government of
the Federated States of Micronesia to attract foreign investment
and increase indigenous business activity by vitalizing the
commercial environment, ensuring fair and equitable application
of the law, promoting adherence to core labor standards, and
maintaining progress toward privatization of state-owned and
partially state-owned enterprises, and engaging in other
reforms.
(4) Capacity Building in the Public Sector. United States
grant assistance under subsection (a) of this section shall be
made available in accordance with the plan described in
subsection (c) of this section to support the efforts of the
Government of the Federated States of Micronesia to build
effective, accountable, and transparent national, state, and
local government and other public sector institutions and
systems.
(5) Environment. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the plan described in subsection (c) of this
section to increase environmental protection; conserve and
achieve sustainable use of natural
[[Page 132 STAT. 452A-5]]
resources; and engage in environmental infrastructure planning,
design, construction, and operation.
(6) Public Infrastructure.
(i) U.S. annual grant assistance under subsection
(a) of this section shall be made available in
accordance with a list of specific projects included in
the plan described in subsection (c) of this section to
assist the Government of the Federated States of
Micronesia in its efforts to provide adequate public
infrastructure.
(ii) Infrastructure and Maintenance Fund. Five
percent of the annual public infrastructure grant made
available under paragraph (i) of this subsection shall
be set aside, with an equal contribution from the
Government of the Federated States of Micronesia, as a
contribution to an Infrastructure Maintenance Fund
(IMF). Administration of the Infrastructure Maintenance
Fund shall be governed by the 2004 Fiscal Procedures
Agreement through Fiscal Year 2023.
(b) Humanitarian Assistance - Federated States of Micronesia
Program. In recognition of the special development needs of the
Federated States of Micronesia, the Government of the United States
shall make available to the Government of the Federated States of
Micronesia, on its request and to be deducted from the grant amount made
available under subsection (a) of this section and subsection (a) of
section 261, a Humanitarian Assistance - Federated States of Micronesia
(``HAFSM'') Program with emphasis on health, education, and
infrastructure (including transportation), projects. The terms and
conditions of the HAFSM shall be set forth in the Agreement Regarding
the Military Use and Operating Rights of the Government of the United
States in the Federated States of Micronesia Concluded Pursuant to
Sections 321 and 323 of the Compact of Free Association, as Amended.
(c) Development Plan. Through Fiscal Year 2023, the Government of
the Federated States of Micronesia shall prepare and maintain an
official overall development plan. The plan shall be strategic in
nature, shall be continuously reviewed and updated through the annual
budget process, and shall make projections on a multi-year rolling
basis. Each of the sectors named in subsection (a) of this section, or
other sectors as mutually agreed, shall be accorded specific treatment
in the plan. Insofar as grants funds are involved, the plan shall be
subject to the concurrence of the Government of the United States.
(d) Disaster Assistance Emergency Fund. Through Fiscal Year 2023, an
amount of two hundred thousand dollars ($200,000) shall be provided
annually, with an equal contribution from the Government of the
Federated States
[[Page 132 STAT. 452A-6]]
of Micronesia, as a contribution to a ``Disaster Assistance Emergency
Fund'' (DAEF). Through Fiscal Year 2023, any funds from the DAEF may be
used only for assistance and rehabilitation resulting from disasters and
emergencies. Through Fiscal Year 2023, the funds will be accessed upon
declaration by the Government of the Federated States of Micronesia,
with the concurrence of the United States Chief of Mission to the
Federated States of Micronesia. Through Fiscal Year 2023, the
administration of the DAEF shall be governed by the 2004 Fiscal
Procedures Agreement.
Section 212 - Accountability
(a) Regulations and policies normally applicable to United States
financial assistance to its state and local governments, as reflected in
the 2004 Fiscal Procedures Agreement, shall apply to each sector grant
described in section 211, except as modified in Article IX of 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
Federated States of Micronesia, done at Palikir on May 23, 2023 (``2023
Fiscal Procedures Agreement''), and to grants administered under section
221 made before Fiscal Year 2024, except as modified in the separate
agreements referred to in section 231 or by United States law. Through
Fiscal Year 2023, the Government of the United States, after annual
consultations with the Government of the Federated States of Micronesia,
may attach reasonable terms and conditions, including annual performance
indicators that are necessary to ensure effective use of United States
assistance and reasonable progress toward achieving program objectives.
Through Fiscal Year 2023, the Government of the United States may seek
appropriate remedies for noncompliance with the terms and conditions
attached to the assistance, or for failure to comply with section 234,
including withholding assistance.
(b) The Government of the United States shall, for each fiscal year
of the twenty years during which assistance is to be provided on a
sector grant basis under section 211, grant the Government of the
Federated States of Micronesia an amount equal to the lesser of (i) one
half of the reasonable, properly documented cost incurred during each
fiscal year to conduct the annual audit required under Article VIII(2)
of the 2004 Fiscal Procedures Agreement or (ii) $500,000. Such amount
will not be adjusted for inflation under section 217 or otherwise.
Section 213 - Joint Economic Management Committee
The Governments of the United States and the Federated States of
Micronesia shall establish a Joint Economic Management Committee.
Through Fiscal Year 2023, the Joint Economic Management Committee shall
be governed as follows. The Joint Economic Committee shall be composed
of a U.S. chair, two other members from
[[Page 132 STAT. 452A-7]]
the Government of the United States, and two members from the Government
of the Federated States of Micronesia. The Joint Economic Management
Committee shall meet at least once each year to review the audits and
reports required under Article I of this Title, evaluate the progress
made by the Federated States of Micronesia in meeting the objectives
identified in its plan described in subsection (c) of section 211, with
particular focus on those parts of the plan dealing with the sectors
identified in subsection (a) of section 211, identify problems
encountered, and recommend ways to increase the effectiveness of U.S.
assistance made available under this Title. The establishment and
operations of the Joint Economic Management Committee shall be governed
by the 2004 Fiscal Procedures Agreement.
Section 214 - Annual Report
Through Fiscal Year 2023, the Government of the Federated States of
Micronesia shall report annually to the President of the United States
on the use of United States sector grant assistance and other assistance
and progress in meeting mutually agreed program and economic goals.
Through Fiscal Year 2023, the Joint Economic Management Committee shall
review and comment on the report and make appropriate recommendations
based thereon.
Section 215 - Trust Fund
(a) The Government of the United States shall contribute annually
for twenty years in the amounts set forth in section 216 into a trust
fund (``Trust Fund'') established in accordance with the Agreement
Between the Government of the United States of America and the
Government of the Federated States of Micronesia Implementing Section
215 and Section 216 of the Compact, as Amended Regarding a Trust Fund,
done at Palikir on May 14, 2003 (``2003 Trust Fund Agreement'').
(b) The United States contribution into the Trust Fund described in
subsection (a) of this section is conditioned on the Government of the
Federated States of Micronesia contributing to the Trust Fund at least
$30 million, prior to September 30, 2004. Any funds received by the
Federated States of Micronesia under section 111 (d) of Public Law 99-
239 (January 14, 1986), or successor provisions, would be contributed to
the Trust Fund as a Federated States of Micronesia contribution.
(c) The terms regarding the investment and management of funds and
use of the income of the Trust Fund shall be set forth in the 2003 Trust
Fund Agreement and shall apply for the duration of that agreement.
Through Fiscal Year 2023, funds derived from United States investment
shall not be subject to Federal or state taxes in the United States or
the Federated States of Micronesia. The 2003 Trust Fund Agreement shall
also provide for annual reports to the Government of the United States
and to the Government of the Federated States of Micronesia. The 2003
Trust Fund Agreement shall provide for appropriate distributions
[[Page 132 STAT. 452A-8]]
of Trust Fund proceeds to the Federated States of Micronesia and for
appropriate remedies for the failure of the Federated States of
Micronesia to use income of the Trust Fund for the annual grant purposes
set forth in section 211. These remedies may include the return to the
Government of the United States of the present market value of its
contributions to the Trust Fund and the present market value of any
undistributed income on the contributions of the Government of the
United States.
Section 216 - Sector Grant Funding and Trust Fund Contributions
The funds described in sections 211, 212(b), and 215 shall be made
available as follows:
(In millions of U.S. dollars)
----------------------------------------------------------------------------------------------------------------
Audit Grant
Fiscal year Annual Grants Section Section 212(b) Trust Fund Total
211 (amount up to) Section 215
----------------------------------------------------------------------------------------------------------------
2004 76.2 .5 16 92.7
.......................................... ......................
2005 76.2 .5 16 92.7
.......................................... ......................
2006 76.2 .5 16 92.7
.......................................... ......................
2007 75.4 .5 16.8 92.7
.......................................... ......................
2008 74.6 .5 17.6 92.7
.......................................... ......................
2009 73.8 .5 18.4 92.7
.......................................... ......................
2010 73 .5 19.2 92.7
.......................................... ......................
2011 72.2 .5 20 92.7
.......................................... ......................
2012 71.4 .5 20.8 92.7
.......................................... ......................
2013 70.6 .5 21.6 92.7
.......................................... ......................
2014 69.8 .5 22.4 92.7
.......................................... ......................
2015 69 .5 23.2 92.7
.......................................... ......................
2016 68.2 .5 24 92.7
.......................................... ......................
2017 67.4 .5 24.8 92.7
.......................................... ......................
2018 66.6 .5 25.6 92.7
.......................................... ......................
2019 65.8 .5 26.4 92.7
.......................................... ......................
2020 65 .5 27.2 92.7
.......................................... ......................
2021 64.2 .5 28 92.7
.......................................... ......................
2022 63.4 .5 28.8 92.7
.......................................... ......................
2023 62.6 .5 29.6 92.7
.......................................... ......................
----------------------------------------------------------------------------------------------------------------
[[Page 132 STAT. 452A-9]]
Section 217 - Inflation Adjustment
Except for the amounts provided for audits under section 212(b), the
amounts stated in Article I of this Title shall be adjusted for each
United States Fiscal Year by the percent that equals two-thirds of the
percent change in the United States Gross Domestic Product Implicit
Price Deflator, or 5 percent, whichever is less in any one year, using
the beginning of Fiscal Year 2004 as a base.
Section 218 - Carry-Over of Unused Funds
If in any year the funds made available by the Government of the
United States for that year pursuant to this Article are not completely
obligated by the Government of the Federated States of Micronesia, the
unobligated balances shall remain available in addition to the funds to
be provided in subsequent years. Beginning in Fiscal Year 2024, the
carry-over of funds provided under this Article shall be governed by
Article IX of the 2023 Fiscal Procedures Agreement.''
2. Article II of the Compact, as Amended shall be replaced with the
following:
``Article II
Services and Program Assistance
Section 221
(a) Services. The Government of the United States shall make
available to the Government of the Federated States of Micronesia, in
accordance with and to the extent provided in the Federal Programs and
Services Agreement referred to in section 231, the services and related
programs of:
(1) the United States Weather Service;
(2) the United States Postal Service;
(3) the United States Federal Aviation Administration;
(4) the United States Department of Transportation;
(5) the Federal Deposit Insurance Corporation; and
(6) the Federal Emergency Management Agency of the
Department of Homeland Security and the United States Agency for
International Development.
The United States departments and agencies named or
having responsibility to provide these services and
related
[[Page 132 STAT. 452A-10]]
programs shall have the authority to implement the
relevant provisions of the Federal Programs and Services
Agreement referred to in section 231.
(b) Programs.
(1) With the exception of the services and programs covered
by subsection (a) of this section, and unless the Congress of
the United States provides otherwise, the Government of the
United States shall make available to the Government of the
Federated States of Micronesia the services and programs that
were available to the Government of the Federated States of
Micronesia on June 25, 2004, to the extent that such services
and programs continue to be available to State and local
governments of the United States. Sector grants provided under
this Title shall be considered to be local revenues of the
Government of the Federated States of Micronesia when used as
the local share required to obtain Federal programs and
services.
(2) Unless provided otherwise by United States law, the
services and programs described in paragraph (1) of this
subsection shall be extended in accordance with the terms of the
Federal Programs and Services Agreement referred to in section
231.
(c) The Government of the United States shall have and exercise such
authority as is necessary to carry out its responsibilities under this
Title and the separate agreement referred to in section 231, including
the authority to monitor and administer all service and program
assistance provided by the Government of the United States to the
Government of the Federated States of Micronesia.
(d) Except as provided elsewhere in this Compact, as amended, under
any separate agreement entered into under this Compact, as amended, or
otherwise under United States law, all Federal domestic programs
extended to or operating in the Federated States of Micronesia shall be
subject to all applicable criteria, standards, reporting requirements,
auditing procedures, and other rules and regulations applicable to such
programs and services when operating in the United States.
(e) The Government of the United States may make available to the
Government of the Federated States of Micronesia alternate energy
development projects, studies, and conservation measures to the extent
provided for the Freely Associated States in the laws of the United
States.
Section 222
The Government of the United States and the Government of the
Federated States of Micronesia may decide from time to
[[Page 132 STAT. 452A-11]]
time to extend to the Government of the Federated States of Micronesia
additional United States grant assistance, services, and programs, as
provided under the laws of the United States. Unless inconsistent with
such laws, or otherwise specifically precluded by the Government of the
United States at the time such additional grant assistance, services, or
programs are extended, the Federal Programs and Services Agreement
referred to in section 231 shall apply to any such assistance, services,
or programs.
Section 223
The Government of the Federated States of Micronesia shall make
available to the Government of the United States facilities and areas in
the Federated States of Micronesia as may be necessary for the
operations of the services and programs provided pursuant to this
Article and set forth in the Federal Programs and Services Agreement
referred to in section 231, or as may be mutually agreed thereafter.
Section 224
The Government of the Federated States of Micronesia may request,
from time to time, technical assistance from the Federal agencies and
institutions of the Government of the United States, which are
authorized to grant such technical assistance in accordance with United
States laws. If technical assistance is granted pursuant to such a
request, the Government of the United States shall provide the technical
assistance in a manner which gives priority consideration to the
Federated States of Micronesia over other recipients not a part of the
United States, its territories or possessions, and equivalent
consideration to the Federated States of Micronesia with respect to
other states in Free Association with the United States. Such assistance
shall be made available on a reimbursable or non-reimbursable basis to
the extent provided by United States law.''
3. Article III of the Compact, as Amended shall be replaced with the
following:
``Article III
Administrative Provisions
Section 231
The specific nature, extent, and contractual arrangements of the
services and programs provided for in section 221 of this Compact, as
amended, as well as the legal status of agencies of the Government of
the United States, their civilian employees and contractors, and the
dependents of such personnel while present in the Federated States of
Micronesia, and other arrangements in connection with the assistance,
services, or programs furnished by the Government of the United States,
are set forth in a Federal Programs and Services Agreement.
[[Page 132 STAT. 452A-12]]
Section 232
The Government of the United States, in consultation with the
Government of the Federated States of Micronesia, shall determine and
implement procedures for audits, as appropriate, of all grants and other
assistance made under Article I and Article VI of this Title and of all
funds expended for the services and programs provided under Article II
of this Title.
Section 233
Approval of this Compact, as amended, by the Government of the
United States, in accordance with its constitutional processes, shall
constitute a pledge by the Government of the United States that the sums
and amounts specified as sector grants in section 211 and section 261 of
this Compact, as amended, shall be appropriated and paid to the
Government of the Federated States of Micronesia for such period as
those provisions of this Compact, as amended, remain in force, subject
to the terms and conditions of this Title and related subsidiary
agreements.
Section 234
The Government of the Federated States of Micronesia pledges to
cooperate with, permit, and assist if reasonably requested, designated
and authorized representatives of the Government of the United States
charged with investigating whether Compact funds, or any other
assistance authorized under this Compact, as amended, have been, or are
being, used for purposes other than those set forth in this Compact, as
amended, or its subsidiary agreements. In carrying out this
investigative authority, such United States Government representatives
may request that the Government of the Federated States of Micronesia
subpoena documents and records and compel testimony in accordance with
the laws and Constitution of the Federated States of Micronesia. Such
assistance by the Government of the Federated States of Micronesia to
the Government of the United States shall not be unreasonably withheld.
The obligation of the Government of the Federated States of Micronesia
to fulfill its pledge herein is a condition to its receiving payment of
such funds or other assistance authorized under this Compact, as
amended. The Government of the United States shall pay any reasonable
costs for extraordinary services executed by the Government of the
Federated States of Micronesia in carrying out the provisions of this
section.
Section 235
The provision of any United States assistance under this Compact, as
amended or any subsidiary agreement to this Compact, as amended, shall
constitute ``a particular distribution . . . required by the terms or
special nature of the assistance'' for purposes of Article XII, section
1(b) of the Constitution of the Federated States of Micronesia.
[[Page 132 STAT. 452A-13]]
4. A new Article VI shall be added at the end of Title Two of the
Compact, as Amended and shall read as follows:
``Article VI
Continued Economic Assistance and Accountability
Section 261 - Grants
(a) Sector Grants. The Government of the United States shall provide
assistance on a sector grant basis as set forth in section 266, subject
to the provisions of the 2023 Fiscal Procedures Agreement. These sector
grants shall be used for assistance in the sectors of education, health
care, private sector development, the environment, public sector
capacity building, public infrastructure, and enhanced reporting and
accountability, or for other sectors as mutually decided. The Government
of the United States shall monitor the use of such sector grants in
accordance with the provisions of this Article and the 2023 Fiscal
Procedures Agreement.
(1) Education. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the plan described in subsection (c) of this
section to support and improve the educational system of the
Federated States of Micronesia and develop the human, financial,
and material resources necessary for the Government of the
Federated States of Micronesia to perform these services.
Emphasis should be placed on advancing a quality basic education
system.
(2) Health. United States grant assistance under subsection
(a) of this section shall be made available in accordance with
the plan described in subsection (c) of this section to support
and improve the delivery of preventive, curative, and
environmental care and to develop the human, financial, and
material resources necessary for the Government of the Federated
States of Micronesia to perform these services.
(3) Private Sector Development. United States grant
assistance under subsection (a) of this section shall be made
available in accordance with the plan described in subsection
(c) of this section to support the efforts of the Government of
the Federated States of Micronesia to attract foreign investment
and increase indigenous business activity by vitalizing the
commercial environment, ensuring fair and equitable application
of the law, promoting adherence to core labor standards,
maintaining progress toward privatization of state-owned and
partially state-owned enterprises, and engaging in other
reforms.
[[Page 132 STAT. 452A-14]]
(4) Capacity Building in the Public Sector. United States
grant assistance under subsection (a) of this section shall be
made available in accordance with the plan described in
subsection (c) of this section to support the efforts of the
Government of the Federated States of Micronesia to build
effective, accountable, and transparent national, state, and
local government and other public sector institutions and
systems.
(5) Environment. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the plan described in subsection (c) of this
section to increase environmental protection; conserve and
achieve sustainable use of natural resources; address climate
change; and engage in environmental infrastructure planning,
design, construction, and operation.
(6) Public Infrastructure. United States annual grant
assistance under subsection (a) of this section shall be made
available in accordance with the plan described in subsection
(c) of this section and for projects included in the plan
described in Article V(2) of the 2023 Fiscal Procedures
Agreement to assist the Government of the Federated States of
Micronesia in its efforts to provide adequate public
infrastructure.
(7) Enhanced Reporting and Accountability. United States
grant assistance under subsection (a) of this section shall be
made available in accordance with the plan described in
subsection (c) of this section to support the efforts of the
Government of the Federated States of Micronesia to address the
costs of compliance inherent in implementing its obligations
with respect to sector grant assistance.
(b) Infrastructure Maintenance Fund. Beginning in Fiscal Year 2024,
contributions to and administration of the Infrastructure Maintenance
Fund shall be governed by the 2023 Fiscal Procedures Agreement.
(c) Development Plan. Beginning in the Fiscal Year after which the
2023 Fiscal Procedures Agreement enters into force, the Government of
the Federated States of Micronesia shall prepare and maintain an
official overall development plan. The plan shall be strategic in
nature, shall be continuously reviewed and updated through the annual
budget process, and shall make projections on a multi-year rolling
basis. Each of the sectors named in subsection (a) of this section, or
other sectors as mutually decided, shall be accorded specific treatment
in the plan. Insofar as sector grant funds are involved, the plan shall
be subject to the concurrence of the Joint Economic Management
Committee, as set forth in the 2023 Fiscal Procedures Agreement.
[[Page 132 STAT. 452A-15]]
(d) Disaster Assistance Emergency Fund. Beginning in Fiscal Year
2024, the Government of the United States and the Government of the
Federated States of Micronesia shall provide amounts to the DAEF to the
extent provided in the Federal Programs and Services Agreement referred
to in section 231. Beginning in Fiscal Year 2024, any funds from the
DAEF may be used only for assistance and rehabilitation resulting from
disasters and emergencies, or for disaster preparedness activities.
Beginning in Fiscal Year 2024, the DAEF shall be subject to relevant
provisions of the 2023 Fiscal Procedures Agreement and the Federal
Programs and Services Agreement referred to in section 231.
Section 262 - Accountability
(a) The 2023 Fiscal Procedures Agreement shall apply to each grant
described in section 261 and section 266, and to grants administered
under section 221 made in Fiscal Year 2024 or later, except as modified
in the separate agreement referred to in section 231 or by United States
law. Beginning in Fiscal Year 2024, and consistent with the 2023 Fiscal
Procedures Agreement, the Government of the United States may attach
reasonable terms and conditions to any United States assistance provided
under this Article and may seek appropriate remedies for noncompliance
with such terms and conditions or for failure to comply with section
234, including the withholding of such assistance.
(b) The cost of the annual audit required under Article VIII(2) of
the 2023 Fiscal Procedures Agreement shall be borne by the Government of
the Federated States of Micronesia and may be paid for from the amounts
made available for sector grants described in section 261(a).
Section 263 - Joint Economic Management Committee
Beginning in Fiscal Year 2024, the Joint Economic Management
Committee shall be governed by the 2023 Fiscal Procedures Agreement and
shall be composed of a U.S. chairperson, two other members from the
Government of the United States, and three members from the Government
of the Federated States of Micronesia.
Section 264 - Biennial Report
Beginning in Fiscal Year 2024 and every two years thereafter until
two years after all sector grants provided under section 261(a) are
closed out, the Government of the Federated States of Micronesia shall
report to the President of the United States on the use of United States
sector grant assistance and other assistance provided by the Government
of the United States during the previous two Fiscal Years, and on the
progress of the Government of the Federated States of Micronesia in
meeting program and economic goals. The Joint Economic Management
Committee shall review and comment on the report and make appropriate
recommendations based thereon.
[[Page 132 STAT. 452A-16]]
Section 265 - Trust Fund
(a) The Government of the United States shall contribute the amounts
set forth in section 266 to the Trust Fund to be used in the sectors
described in section 261(a) and in accordance with 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 on May 23, 2023 (``2023 Trust Fund Agreement'').
(b) The 2023 Trust Fund Agreement, and any successor agreements,
shall govern the Trust Fund and all contributions made pursuant to this
Title and shall provide for:
(1) Exemption from federal and state taxes in the United
States and the Federated States of Micronesia of all funds
derived from the United States investment;
(2) Annual reports to the Government of the United States
and the Government of the Federated States of Micronesia;
(3) Distributions from the Trust Fund to provide an ongoing
source of support for certain needs of the Federated States of
Micronesia while protecting the sustainability of the Trust
Fund;
(4) Fiscal procedures that are sufficient to provide
oversight of the Trust Fund, including for expending of and
accounting for distributions, and to ensure that distributions
are used for the purposes described in section 261(a);
(5) A Joint Trust Fund Committee composed of three voting
members appointed by the Government of the United States, to
include the chair of the Joint Trust Fund Committee, and three
voting members appointed by the Government of the Federated
States of Micronesia; and
(6) Appropriate remedies for the gross failure of the
Government of the Federated States of Micronesia to use Trust
Fund distributions in accordance with the 2023 Trust Fund
Agreement, to include the return to the Government of the United
States of the present market value of its contributions to the
Trust Fund and the present market value of any undistributed
income derived therefrom.
(c) If this Compact, as amended, is terminated, the provisions of
sections 451 through 453 of this Compact, as amended, shall govern
treatment of any United States contributions to the Trust Fund and any
undistributed income derived therefrom.
[[Page 132 STAT. 452A-17]]
Section 266 - Sector Grant Funding and Trust Fund Contributions
The funds described in sections 261(a) and 265 shall be made
available as follows:
(In millions of U.S. dollars)
----------------------------------------------------------------------------------------------------------------
Sector Grants (Section
Fiscal year 261(a)) Trust Fund (Section 265) Total
----------------------------------------------------------------------------------------------------------------
2024 140 250 390
2025 140 250 390
2026 140 -- 140
2027 140 -- 140
2028 140 -- 140
2029 140 -- 140
2030 140 -- 140
2031 140 -- 140
2032 140 -- 140
2033 140 -- 140
2034 140 -- 140
2035 140 -- 140
2036 140 -- 140
2037 140 -- 140
2038 140 -- 140
2039 140 -- 140
2040 140 -- 140
2041 140 -- 140
2042 140 -- 140
2043 140 -- 140
----------------------------------------------------------------------------------------------------------------
Section 267 - Carry-Over of Unused Funds
All funds made available under this Article shall be available until
expended. The carry-over of unused funds made available under this
Article shall be governed by Article IX of the 2023 Fiscal Procedures
Agreement.''
[[Page 132 STAT. 452A-18]]
Part 2. Title Four Amendments
Article V of Title Four of the Compact, as Amended shall be amended
as follows:
a. The word ``twentieth'' shall be replaced with the word
``fortieth'';
b. ``Trust Fund Agreement'' shall be replaced with ``2023 Trust
Fund Agreement'';
c. In Sections 451(b), 452(b), and 453(c), ``section 215'' shall
be replaced with ``section 265''; and
d. In Sections 451(c), 452(c), and 453(d), ``section 215'' shall
be replaced with ``section 215 and section 265''.
Part 3. Final Provisions
1. This Agreement shall enter into force on the date of the later note
in an exchange of notes between the Signatory Governments indicating
that each Signatory Government has completed its internal procedures for
entry into force.
2. The Signatory Governments may mutually agree to continue the
provision of sector grants, trust fund contributions, and federal
programs and services beyond fiscal year 2043 at similar favorable
levels and subject to similar favorable terms identified in the
amendments described in Part 1 of this Agreement, the 2023 Fiscal
Procedures Agreement, and the 2023 Trust Fund Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective governments, have signed this Agreement.
DONE at Palikir on May 23, 2023.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES THE FEDERATED STATES
OF AMERICA: OF MICRONESIA:
ALISSA M. BIBB LEO A. FALCAM JR.
[[Page 138 STAT. 452A-19]]
APPENDIX B--2023 Agreement to Amend the U.S.-FSM Compact
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
The Government of the United States of America and the Government of the
Republic of the Marshall Islands (the ``Signatory Governments'') hereby
agree to amend .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, done at Majuro on April 30, 2003 (the
``Compact, as Amended''), as follows:
Part 1. Title Two Amendments
1. Article I of Title Two of the Compact, as Amended shall be replaced
with the following:
``Article I
Grant Assistance
Section 211
(a) Sector Grants. In order to assist the Government of the Republic
of the Marshall Islands in its efforts to promote the economic
advancement and budgetary self-reliance of its people, and in
recognition of the special relationship that exists between the Republic
of the Marshall Islands and the United States, the Government of the
United States shall provide assistance on a sector grant basis beginning
in FY 2004 in the amounts set forth in section 217. Such grants shall be
used for assistance in education, health care, the environment, public
sector capacity building, and private sector development, or for other
areas as mutually agreed, with priorities in the education and health
care sectors. Consistent with the medium-term budget and investment
framework described in subsection (f) of this section, the proposed
division of this amount among the identified areas shall require the
concurrence of both the Government of the United States and the
Government of the Republic of the Marshall Islands, through the Joint
Economic Management and Financial Accountability Committee described in
section 214. The Government of the
[[Page 138 STAT. 452A-20]]
United States shall disburse the grant assistance and monitor the use of
such grant assistance in accordance with the provisions of this Article
and the Agreement Concerning Procedures for the Implementation of United
States Economic Assistance Provided in the Compact, as amended, of Free
Association Between the Government of the United States of America and
the Government of the Republic of the Marshall Islands, done at Majuro
on March 23, 2004 (``2004 Fiscal Procedures Agreement'').
(1) Education. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the strategic framework described in subsection
(f) of this section to support and improve the educational
system of the Republic of the Marshall Islands and develop the
human, financial, and material resources necessary for the
Republic of the Marshall Islands to perform these services.
Emphasis should be placed on advancing a quality basic education
system.
(2) Health. United States grant assistance under subsection
(a) of this section shall be made available in accordance with
the strategic framework described in subsection (f) of this
section to support and improve the delivery of preventive,
curative, and environmental care and develop the human,
financial, and material resources necessary for the Republic of
the Marshall Islands to perform these services.
(3) Private Sector Development. United States grant
assistance shall be made available in accordance with the
strategic framework described in subsection (f) of this section
to support the efforts of the Republic of the Marshall Islands
to attract foreign investment and increase indigenous business
activity by vitalizing the commercial environment, ensuring fair
and equitable application of the law, promoting adherence to
core labor standards, maintaining progress toward privatization
of state-owned and partially state-owned enterprises, and
engaging in other reforms.
(4) Capacity Building in the Public Sector. United States
grant assistance under subsection (a) of this section shall be
made available in accordance with the strategic framework
described in subsection (f) of this section to support the
efforts of the Republic of the Marshall Islands to build
effective, accountable, and transparent national and local
government and other public sector institutions and systems.
(5) Environment. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the strategic framework described in subsection
(f) of this section to increase environmental protection;
establish and manage conservation areas; engage in environmental
infrastructure planning, design construction, and operation; and
to involve
[[Page 138 STAT. 452A-21]]
the citizens of the Republic of the Marshall Islands in the
process of conserving their country's natural resources.
(b) Kwajalein Atoll
(1) Of the total grant assistance made available under
subsection (a) of this section, the amount specified herein
shall be allocated annually from FY 2004 through FY 2023 (and
thereafter in accordance with the Agreement Regarding the
Military Use and Operating Rights of the Government of the
United States in the Republic of the Marshall Islands Concluded
Pursuant to Sections 321 and 323 of the Compact of Free
Association, as Amended) to advance the objectives and specific
priorities set forth in subsections (a) and (d) of this section
and the 2004 Fiscal Procedures Agreement through 2023 (and
thereafter to advance the objectives and specific priorities set
forth in subsection (a) of section 261 and the 2023 Fiscal
Procedures Agreement), to address the special needs of the
community at Ebeye, Kwajalein Atoll and other Marshallese
communities within Kwajalein Atoll. This United States grant
assistance shall be made available, in accordance with the
medium-term budget and investment framework described in
subsection (f) of this section through FY 2023, and thereafter
in subsection (c) of section 261, to support and improve the
infrastructure and delivery of services and develop the human
and material resources necessary for the Republic of the
Marshall Islands to carry out its responsibility to maintain
such infrastructure and deliver such services. The amount of
this assistance shall be $3.1 million, with an inflation
adjustment as provided in section 218, from FY 2004 through FY
2013 and the FY 2013 level of funding, with an inflation
adjustment as provided in section 218, shall be increased by $2
million for FY 2014. The FY 2014 level of funding, with an
inflation adjustment as provided in section 218, shall be made
available from FY 2015 through FY 2023 (and thereafter as noted
above).
(2) The Government of the United States shall also provide
to the Government of the Republic of the Marshall Islands, in
conjunction with section 321(a) of this Compact, as amended, an
annual payment from FY 2004 through FY 2023 (and thereafter in
accordance with the Agreement Regarding the Military Use and
Operating Rights of the Government of the United States in the
Republic of the Marshall Islands Concluded Pursuant to Sections
321 and 323 of the Compact of Free Association, as Amended) of
$1.9 million. This grant assistance shall be subject to the 2004
Fiscal Procedures Agreement through FY 2023, and thereafter to
the 2023 Fiscal Procedures Agreement, and shall be adjusted for
inflation under section 218 and used to address the special
needs of the community at Ebeye, Kwajalein Atoll and other
Marshallese communities
[[Page 138 STAT. 452A-22]]
within Kwajalein Atoll with emphasis on the Kwajalein
landowners, as described in the 2004 Fiscal Procedures Agreement
through FY 2023, and thereafter in the 2023 Fiscal Procedures
Agreement.
(3) Of the total grant assistance made available under
subsection (a) of this section, and in conjunction with section
321(a) of the Compact, as amended, $200,000, with an inflation
adjustment as provided in section 218, shall be allocated
annually from FY 2004 through FY 2023 (and thereafter as
provided in the Agreement Regarding the Military Use and
Operating Rights of the Government of the United States in the
Republic of the Marshall Islands Concluded Pursuant to Sections
321 and 323 of the Compact of Free Association, as Amended) for
a grant to support increased participation of the Government of
the Republic of the Marshall Islands Environmental Protection
Authority in the annual U.S. Army Kwajalein Atoll Environmental
Standards Survey and to promote a greater Government of the
Republic of the Marshall Islands capacity for independent
analysis of the Survey's findings and conclusions.
(c) Humanitarian Assistance - Republic of the Marshall Islands
Program. In recognition of the special development needs of the Republic
of the Marshall Islands, the Government of the United States shall make
available to the Government of the Republic of the Marshall Islands, on
the Government of the Republic of the Marshall Islands' request and to
be deducted from the grant amount made available under subsection (a) of
this section and subsection (a) of section 261, a Humanitarian
Assistance--Republic of the Marshall Islands (``HARMI'') Program with
emphasis on health, education, and infrastructure (including
transportation) projects and such other projects as mutually decided.
The terms and conditions of the HARMI shall be set forth in the
Agreement Regarding the Military Use and Operating Rights of the
Government of the United States in the Republic of the Marshall Islands
Concluded Pursuant to Sections 321 and 323 of the Compact of Free
Association, as Amended.
(d) Public Infrastructure
(1) Unless otherwise agreed, not less than 30 percent and
not more than 50 percent of U.S. annual grant assistance
provided under subsection (a) of this section shall be made
available in accordance with a list of specific projects
included in the infrastructure improvement and maintenance plan
prepared by the Government of the Republic of the Marshall
Islands as part of the strategic framework described in
subsection (f) of this section.
(2) Infrastructure Maintenance Fund. Five percent of the
annual public infrastructure grant made available under
paragraph (1) of this subsection shall be set
[[Page 138 STAT. 452A-23]]
aside, with an equal contribution from the Government of the
Republic of the Marshall Islands, as a contribution to an
Infrastructure Maintenance Fund. Administration of the
Infrastructure Maintenance Fund shall be governed by the 2004
Fiscal Procedures Agreement through FY 2023.
(e) Disaster Assistance Emergency Fund. Of the total grant
assistance made available under subsection (a) of this section, an
amount of two hundred thousand dollars ($200,000) shall be provided
annually, with an equal contribution from the Government of the Republic
of the Marshall Islands, as a contribution to a Disaster Assistance
Emergency Fund (``DAEF''). Through FY 2023, any funds from the DAEF may
be used only for assistance and rehabilitation resulting from disasters
and emergencies. Through FY 2023, the funds shall be accessed upon
declaration of a State of Emergency by the Government of the Republic of
the Marshall Islands, with the concurrence of the United States Chief of
Mission to the Republic of the Marshall Islands. Through FY 2023, the
administration of the DAEF shall be governed by the 2004 Fiscal
Procedures Agreement.
(f) Budget and Investment Framework. Through FY 2023, the Government
of the Republic of the Marshall Islands shall prepare and maintain an
official medium-term budget and investment framework. The framework
shall be strategic in nature, shall be continuously reviewed and updated
through the annual budget process, and shall make projections on a
multi-year rolling basis. Each of the sectors and areas named in
subsections (a), (b), and (d) of this section, or other sectors and
areas as mutually agreed, shall be accorded specific treatment in the
framework. Those portions of the framework that contemplate the use of
United States grant funds shall require the concurrence of both the
Government of the United States and the Government of the Republic of
the Marshall Islands.
Section 212 - Kwajalein Impact and Use
The Government of the United States shall provide to the Government
of the Republic of the Marshall Islands in conjunction with section
321(a) of the Compact, as amended, and the Agreement Regarding the
Military Use and Operating Rights of the Government of the United States
in the Republic of the Marshall Islands Concluded Pursuant to Sections
321 and 323 of the Compact of Free Association, as Amended, a payment in
FY 2004 of $15 million, with no adjustment for inflation. In FY 2005 and
through FY 2013, the annual payment shall be the FY 2004 amount ($15
million) with an inflation adjustment as provided under section 218. In
FY 2014, the annual payment shall be $18 million (with no adjustment for
inflation) or the FY 2013 amount with an inflation adjustment under
section 218, whichever is greater. For FY 2015 through FY 2023 (and
thereafter in accordance with the Agreement Regarding the Military Use
and Operating Rights of the Government of the United States in the
Republic of the Marshall Islands Concluded Pursuant to Sections 321 and
323 of the Compact of
[[Page 138 STAT. 452A-24]]
Free Association, as Amended) the annual payment shall be the FY 2014
amount, with an inflation adjustment as provided under section 218.
Section 213 - Accountability
(a) Regulations and policies normally applicable to United States
financial assistance to its state and local governments, as set forth in
the 2004 Fiscal Procedures Agreement, shall apply to each grant
described in section 211, except as modified in 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 on October 16, 2023 (``2023 Fiscal
Procedures Agreement''), and to grants administered under section 221
made before FY 2024, except as modified in the separate agreements
referred to in section 231 of this Compact, as amended, or by United
States law. Through FY 2023, as set forth in the 2004 Fiscal Procedures
Agreement, reasonable terms and conditions, including annual performance
indicators that are necessary to ensure effective use of United States
assistance and reasonable progress toward achieving program objectives,
may be attached. In addition, through FY 2023, the Government of the
United States may seek appropriate remedies for noncompliance with the
terms and conditions attached to the assistance, or for failure to
comply with section 234, including withholding assistance.
(b) The Government of the United States shall, for each fiscal year
of the twenty years during which assistance is to be provided on a
sector grant basis under section 211(a), grant the Government of the
Republic of the Marshall Islands an amount equal to the lesser of (i)
one half of the reasonable, properly documented cost incurred during
such fiscal year to conduct the annual audit required under Article
VIII(2) of the 2004 Fiscal Procedures Agreement or (ii) $500,000. Such
amount shall not be adjusted for inflation under section 218 or
otherwise.
Section 214 - Joint Economic Management and Financial Accountability
Committee
The Governments of the United States and the Republic of the
Marshall Islands shall establish a Joint Economic Management and
Financial Accountability Committee. Through FY 2023, the Joint Economic
Management and Financial Accountability Committee shall be governed as
follows. The Joint Economic Management and Financial Accountability
Committee shall be composed of a U.S. chair, two other members from the
Government of the United States and two members from the Government of
the Republic of the Marshall Islands. The Joint Economic Management and
Financial Accountability Committee shall meet at least once each year to
review the audits and reports required under Article I of this Title and
the 2004 Fiscal Procedures Agreement, evaluate
[[Page 138 STAT. 452A-25]]
the progress made by the Republic of the Marshall Islands in meeting the
objectives identified in its framework described in subsection (f) of
section 211, with particular focus on those parts of the framework
dealing with the sectors and areas identified in subsection (a) of
section 211, identify problems encountered, and recommend ways to
increase the effectiveness of U.S. assistance made available under this
Title. The establishment and operations of the Joint Economic Management
and Financial Accountability Committee shall be governed by the 2004
Fiscal Procedures Agreement.
Section 215 - Annual Report
Through FY 2023, the Government of the Republic of the Marshall
Islands shall report annually to the President of the United States on
the use of United States sector grant assistance and other assistance
and progress in meeting mutually agreed program and economic goals.
Through FY 2023, the Joint Economic Management and Financial
Accountability Committee shall review and comment on the report and make
appropriate recommendations based thereon.
Section 216 - Trust Fund
(a) The Government of the United States shall contribute annually
for twenty years in the amounts set forth in section 217 into a trust
fund (``Trust Fund'') established in accordance with the Agreement
Between the Government of the United States of America and the
Government of the Republic of the Marshall Islands Implementing Section
216 and Section 217 of the Compact, as Amended, Regarding a Trust Fund,
done at Majuro on April 30, 2003 (``2003 Trust Fund Agreement'').
(b) The United States contribution into the Trust Fund described in
subsection (a) of this section is conditioned on the Government of the
Republic of the Marshall Islands contributing to the Trust Fund at least
$25 million, on the effective date of the 2003 Trust Fund Agreement or
on October 1, 2003, whichever is later, $2.5 million prior to October 1,
2004, and $2.5 million prior to October 1, 2005. Any funds received by
the Republic of the Marshall Islands under section 111 (d) of PL 99-239
(January 14, 1986), or successor provisions, would be contributed to the
Trust Fund as a Republic of the Marshall Islands' contribution.
(c) The terms regarding the investment and management of funds and
use of the income of the Trust Fund shall be governed by the 2003 Trust
Fund Agreement and shall apply for the duration of that agreement.
Through FY 2023, funds derived from United States investment shall not
be subject to federal or state taxes in the United States or any taxes
in the Republic of the Marshall Islands. The 2003 Trust Fund Agreement
shall also provide for annual reports to the Government of the United
States and to the Government of the Republic of the Marshall Islands.
[[Page 138 STAT. 452A-26]]
The 2003 Trust Fund Agreement shall provide for appropriate
distributions of trust fund proceeds to the Republic of the Marshall
Islands and for appropriate remedies for the failure of the Republic of
the Marshall Islands to use income of the Trust Fund for the annual
grant purposes set forth in section 211. These remedies may include the
return to the Government of the United States of the present market
value of its contributions to the Trust Fund and the present market
value of any undistributed income on the contributions of the Government
of the United States.
Section 217 - Annual Grant Funding and Trust Fund Contributions
The funds described in sections 211, 212, 213(b), and 216 shall be
made available as follows:
(In millions of U.S. dollars)
----------------------------------------------------------------------------------------------------------------
Trust Fund Kwajalein
FY Annual Grants Audit Grant Section Impact Section Total
Section 211 Section 213(b) 216(a&c) 212
----------------------------------------------------------------------------------------------------------------
2004 35.2 .5 7 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2005 34.7 .5 7.5 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2006 34.2 .5 8 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2007 33.7 .5 8.5 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2008 33.2 .5 9 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2009 32.7 .5 9.5 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2010 32.2 .5 10 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2011 31.7 .5 10.5 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2012 31.2 .5 11 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2013 30.7 .5 11.5 15.0 57.7
----------------------------------------------------------------------------------------------------------------
2014 32.2 .5 12 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2015 31.7 .5 12.5 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2016 31.2 .5 13 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2017 30.7 .5 13.5 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2018 30.2 .5 14 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2019 29.7 .5 14.5 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2020 29.2 .5 15 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2021 28.7 .5 15.5 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2022 28.2 .5 16 18.0 62.7
----------------------------------------------------------------------------------------------------------------
2023 27.7 .5 16.5 18.0 62.7
----------------------------------------------------------------------------------------------------------------
Section 218 - Inflation Adjustment
Except as otherwise provided, the amounts stated in Article I of
this Title shall be adjusted for each United States fiscal year
[[Page 138 STAT. 452A-27]]
by the percent that equals two-thirds of the percent change in the
United States Gross Domestic Product Implicit Price Deflator, or 5
percent, whichever is less in any one year, using the beginning of FY
2004 as a base.
Section 219 - Carry-Over of Unused Funds
If in any year the funds made available by the Government of the
United States for that year pursuant to this Article are not completely
obligated by the Government of the Republic of the Marshall Islands, the
unobligated balances shall remain available in addition to the funds to
be provided in subsequent years. Beginning in FY 2024, the carry-over of
funds provided under sections 211(a) and 211(d) shall be governed by
Article XI of the 2023 Fiscal Procedures Agreement.''
2. Article II of Title Two of the Compact, as Amended shall be replaced
with the following:
``Article II
Services and Program Assistance
Section 221
(a) Services. The Government of the United States shall make
available to the Government of the Republic of the Marshall Islands, in
accordance with and to the extent provided in the Federal Programs and
Services Agreement referred to in section 231, the services and related
programs of:
(1) the United States Weather Service;
(2) the United States Postal Service;
(3) the United States Federal Aviation Administration;
(4) the United States Department of Transportation;
(5) the Federal Deposit Insurance Corporation; and
(6) the Federal Emergency Management Agency of the
Department of Homeland Security and the United States Agency for
International Development.
The United States Departments and Agencies named or
having responsibility to provide these services and
related programs shall have the authority to implement
the relevant provisions of the Federal Programs and
Services Agreement referred to in section 231.
[[Page 138 STAT. 452A-28]]
(b) Programs
(1) Other than the services and programs covered by
subsection (a) of this section, and to the extent authorized by
the Congress of the United States, the Government of the United
States shall make available to the Government of the Republic of
the Marshall Islands the services and programs that were
available to the Government of the Republic of the Marshall
Islands on May 1, 2004, to the extent that such services and
programs continue to be available to State and local governments
of the United States.
(2) Unless provided otherwise by United States law, the
services and programs described in paragraph (1) of this
subsection shall be extended in accordance with the terms of the
Federal Programs and Services Agreement referred to in section
231.
(c) The Government of the United States shall have and exercise such
authority as is necessary to carry out its responsibilities under this
Title and the Federal Programs and Services Agreement referred to in
section 231, including the authority to monitor and administer all
service and program assistance provided by the Government of the United
States to the Government of the Republic of the Marshall Islands.
(d) Except as provided elsewhere in this Compact, as amended, under
any separate agreement entered into under this Compact, as amended, or
otherwise under United States law, all federal domestic programs
extended to or operating in the Republic of the Marshall Islands shall
be subject to all applicable criteria, standards, reporting
requirements, auditing procedures, and other rules and regulations
applicable to such programs and services when operating in the United
States.
(e) The Government of the United States may make available to the
Government of the Republic of the Marshall Islands alternate energy
development projects, studies, and conservation measures to the extent
provided for the Freely Associated States in the laws of the United
States.
Section 222
The Government of the United States and the Government of the
Republic of the Marshall Islands may decide from time to time to extend
to the Republic of the Marshall Islands additional United States grant
assistance, services, and programs, as provided under the laws of the
United States. Unless inconsistent with such laws, or otherwise
specifically precluded by the Government of the United States at the
time such additional grant assistance, services, or programs are
extended, the Federal Programs and Services Agreement referred to in
section 231 shall apply to any such assistance, services, or programs.
[[Page 138 STAT. 452A-29]]
Section 223
The Government of the Republic of the Marshall Islands shall make
available to the Government of the United States at no cost facilities
and areas in the Republic of the Marshall Islands as may be necessary
for the operations of the services and programs provided pursuant to
this Article and set forth in the Federal Programs and Services
Agreement referred to in section 231, or as may be mutually agreed
thereafter.
Section 224
The Government of the Republic of the Marshall Islands may request,
from time to time, technical assistance from the federal agencies and
institutions of the Government of the United States, which are
authorized to grant such technical assistance in accordance with United
States laws. If technical assistance is granted pursuant to such a
request, the Government of the United States shall provide the technical
assistance in a manner which gives priority consideration to the
Republic of the Marshall Islands over other recipients not a part of the
United States, its territories or possessions, and equivalent
consideration to the Republic of the Marshall Islands with respect to
other states in Free Association with the United States. Such assistance
shall be made available on a reimbursable or non-reimbursable basis to
the extent provided by United States law.''
3. Article III of Title Two of the Compact, as Amended shall be replaced
with the following:
``Article III
Administrative Provisions
Section 231
The specific nature, extent, and contractual arrangements of the
services and programs provided for in section 221 of this Compact, as
amended, as well as the legal status of agencies of the Government of
the United States, their civilian employees and contractors, and the
dependents of such personnel while present in the Republic of the
Marshall Islands, and other arrangements in connection with the
assistance, services, or programs furnished by the Government of the
United States, are set forth in a Federal Programs and Services
Agreement.
Section 232
The Government of the United States, in consultation with the
Government of the Republic of the Marshall Islands, shall determine and
implement procedures for audits, as appropriate, of all grants and other
assistance provided under Article I and Article VI of this Title and of
all funds expended for the services and programs provided under Article
II of this Title.
[[Page 138 STAT. 452A-30]]
Section 233
The Government of the Republic of the Marshall Islands pledges to
cooperate with, permit, and assist if reasonably requested, designated
and authorized representatives of the Government of the United States
charged with investigating whether Compact funds, or any other
assistance authorized under this Compact, as amended, have been, or are
being, used for purposes other than those set forth in this Compact, as
amended, or its subsidiary agreements. In carrying out this
investigative authority, such United States Government representatives
may request that the Government of the Republic of the Marshall Islands
subpoena documents and records and compel testimony in accordance with
the laws and Constitution of the Republic of the Marshall Islands. Such
assistance by the Government of the Republic of the Marshall Islands to
the Government of the United States shall not be unreasonably withheld.
The obligation of the Government of the Republic of the Marshall Islands
to fulfill its pledge herein is a condition to its receiving payment of
such funds or other assistance authorized under this Compact, as
amended. The Government of the United States shall pay any reasonable
costs for extraordinary services executed by the Government of the
Republic of the Marshall Islands in carrying out the provisions of this
section.''
4. A new Article VI shall be added at the end of Title Two of the
Compact, as Amended and shall read as follows:
``Article VI
Continued Economic Assistance and Accountability
Section 261 - Grants
(a) Sector Grants. The Government of the United States shall provide
assistance on a sector grant basis as set forth in section 266, subject
to the provisions of the 2023 Fiscal Procedures Agreement. These sector
grants shall be used for assistance in the sectors of education, health
care, private sector development, public sector capacity building, the
environment, public infrastructure, enhanced reporting and
accountability, and Enewetak development, or for other sectors as
mutually decided. The Government of the United States shall monitor the
use of such sector grants in accordance with the provisions of this
Article and the 2023 Fiscal Procedures Agreement.
(1) Education. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the plan described in subsection (c) of this
section to support and improve the educational system of the
Republic of the Marshall Islands and develop the human,
financial, and material resources necessary for the Government
of the Republic of the Marshall Islands to perform these
services. Emphasis
[[Page 138 STAT. 452A-31]]
should be placed on advancing a quality basic education system.
(2) Health. United States grant assistance under subsection
(a) of this section shall be made available in accordance with
the plan described in subsection (c) of this section to support
and improve the delivery of preventive, curative, and
environmental care and to develop the human, financial, and
material resources necessary for the Government of the Republic
of the Marshall Islands to perform these services.
(3) Private Sector Development. United States grant
assistance under subsection (a) of this section shall be made
available in accordance with the plan described in subsection
(c) of this section to support the efforts of the Government of
the Republic of the Marshall Islands to attract foreign
investment and increase indigenous business activity by
vitalizing the commercial environment, ensuring fair and
equitable application of the law, respecting and promoting
internationally recognized fundamental rights at work,
maintaining progress toward privatization of state-owned and
partially state-owned enterprises, and engaging in other
reforms.
(4) Capacity Building in the Public Sector. United States
grant assistance under subsection (a) of this section shall be
made available in accordance with the plan described in
subsection (c) of this section to support the efforts of the
Government of the Republic of the Marshall Islands to build
effective, accountable, and transparent national, state, and
local government and other public sector institutions and
systems.
(5) Environment. United States grant assistance under
subsection (a) of this section shall be made available in
accordance with the plan described in subsection (c) of this
section to increase environmental protection; establish and
manage conservation areas; engage in environmental
infrastructure planning, design, construction, and operation;
and to involve the citizens of the Republic of the Marshall
Islands in the process of conserving their country's natural
resources.
(6) Public Infrastructure. United States annual grant
assistance under subsection (a) of this section shall be made
available in accordance with the plan described in subsection
(c) of this section and for projects included in the plan
described in Article VII(2) of the 2023 Fiscal Procedures
Agreement to assist the Government of the Republic of the
Marshall Islands in its efforts to provide adequate public
infrastructure.
(7) Enhanced Reporting and Accountability. United States
grant assistance under subsection (a) of this section shall be
made available in accordance with the plan described in
subsection (c) of this section to support
[[Page 138 STAT. 452A-32]]
the efforts of the Government of the Republic of the Marshall
Islands to address the costs of compliance inherent in
implementing its obligations with respect to sector grant
assistance.
(8) Enewetak Development. United States grant assistance
under subsection (a) of this section shall be available in
accordance with the plan described in subsection (c) of this
section to support measures and activities related to
development programs for Enewetak, which due to its location and
lack of arable land would particularly benefit from assistance
with procurement, storage, transportation, administration, and
provision of food items.
(b) Infrastructure Maintenance Fund. Beginning in FY 2024,
contributions to and administration of the Infrastructure Maintenance
Fund shall be governed by the 2023 Fiscal Procedures Agreement.
(c) Budget and Investment Framework. Beginning in the fiscal year
after which the 2023 Fiscal Procedures Agreement enters into force, the
Government of the Republic of the Marshall Islands shall prepare and
maintain an official medium-term budget and investment framework. The
framework shall be strategic in nature, shall be continuously reviewed
and updated through the annual budget process, and shall make
projections on a multi-year rolling basis. Each of the sectors named in
subsection (a) of this section, or other sectors as mutually decided, as
well as the assistance described in section 211(b) and the funds
described in section 261(b), section 261(g), section 261(h), and section
261(i), shall be accorded specific treatment in the plan. Those portions
of the framework that contemplate the use of United States grant funds
provided under section 211(b), section 261(a), section 261(b), section
261(e), section 261(f), section 261(g), section 261(h), and section
261(i) shall require the concurrence of the Joint Economic Management
and Financial Accountability Committee, as set forth in the 2023 Fiscal
Procedures Agreement.
(d) Disaster Assistance Emergency Fund. Beginning in FY 2024, the
Government of the United States and the Government of the Republic of
the Marshall Islands shall provide amounts to the DAEF from the amounts
made available for Sector Grants as set forth in section 266 and to the
extent provided in the Federal Programs and Services Agreement.
Beginning in FY 2024, any funds from the DAEF may be used only for
assistance and rehabilitation resulting from disasters and emergencies,
or for disaster preparedness activities. Beginning in FY 2024, the DAEF
shall be subject to relevant provisions of the 2023 Fiscal Procedures
Agreement and the Federal Programs and Services Agreement referred to in
section 231.
(e) Additional Education Assistance. Beginning in FY 2024, the
Government of the United States shall make available,
[[Page 138 STAT. 452A-33]]
subject to the provisions of the 2023 Fiscal Procedures Agreement, $22
million in grant assistance for additional sector grants for education
to be used specifically for education and job-training programs.
(f) Additional Environment Assistance. Beginning in FY 2024, the
Government of the United States shall make available, subject to the
provisions of the 2023 Fiscal Procedures Agreement, $30 million in grant
assistance for additional sector grants for environment, $20 million of
which must be used for environmental feasibility studies and technical
assistance and $10 million of which must be used for future
environmental programs.
(g) U.S. Supplemental Health Fund and Joint Health Dialogue.
(1) In FY 2024, the Government of the United States shall
make available $20 million in grant assistance to deposit into a
fund (the ``U.S. Supplemental Health Fund'') to support the
efforts of the Government of the Republic of the Marshall
Islands to improve health outcomes in the Republic of the
Marshall Islands. Such assistance may only be used for the
purpose of implementing programs recommended by a joint health
dialogue (the ``Joint Health Dialogue'') to be established
pursuant to and governed by the provisions of the 2023 Fiscal
Procedures Agreement.
(2) From FY 2024 through FY 2043, the Government of the
United States shall make available up to $8 million in annual
grant assistance to deposit into the U.S. Supplemental Health
Fund, subject to the provisions of the 2023 Fiscal Procedures
Agreement. Such assistance may only be used for the purpose of
implementing health programs mutually decided in writing by the
Government of the United States and the Government of the
Republic of the Marshall Islands, which may include programs
recommended by the Joint Health Dialogue.
(3) The U.S. Supplemental Health Fund is subject to the
provisions of the 2023 Fiscal Procedures Agreement.
(h) Climate Fund and Working Group. In FY 2024, the Government of
the United States shall make available $20 million in grant assistance
to deposit into a fund (the ``Climate Fund'') to obtain additional
assistance to better enable the Republic of the Marshall Islands to cope
with challenges from climate impacts, including sea-level rise and other
environmental challenges that could threaten the existence of the
Republic of the Marshall Islands. The Climate Fund may only be used to
obtain such additional assistance for climate needs through ways that
are identified by a joint climate working group (the ``Climate Working
Group'') to be established pursuant to and governed by the provisions of
the 2023 Fiscal Procedures Agreement, and that are mutually decided in
writing by the Government of the
[[Page 138 STAT. 452A-34]]
United States and the Government of the Republic of the Marshall
Islands. The Climate Fund is subject to the provisions of the 2023
Fiscal Procedures Agreement.
(i) Kwajalein Development Plan Fund. In FY 2024, the Government of
the United States shall make available $132 million in grant assistance
to deposit into a fund (the ``Kwajalein Development Plan Fund'') for
projects described in the plan adopted in March 2022 by the Government
of the Republic of the Marshall Islands to facilitate resilience and
healthy communities throughout Kwajalein Atoll, or, subject to the
mutual written decision of the Signatory Governments, a successor plan.
The Kwajalein Development Plan Fund shall be subject to the provisions
of the 2023 Fiscal Procedures Agreement.
(j) Nuclear Testing Transparency and Museum. Beginning in FY 2024,
the Government of the United States shall make available to such entity
or entities as selected by mutual decision of the Government of the
United States and the Government of the Republic of the Marshall
Islands, to be available until expended, $10 million in grant assistance
to improve the accessibility of documents and information previously
provided to the Government of the Republic of the Marshall Islands
relating to the United States nuclear testing program, including waste
disposal, in the Republic of the Marshall Islands. In addition,
beginning in FY 2024, the Government of the United States shall make
available to the College of the Marshall Islands or another entity or
entities as selected by mutual decision of the Government of the United
States and the Government of the Republic of the Marshall Islands, to be
available until expended, $5 million in grant assistance to support
efforts by the Government of the Republic of the Marshall Islands,
including its National Nuclear Commission, to establish a museum and
research facility on the United States nuclear testing program. The
Government of the United States may attach any terms and conditions to
such assistance.
Section 262 - Accountability
(a) The 2023 Fiscal Procedures Agreement shall apply to grant
assistance described in section 261(a), section 261(b), section 261(d),
section 261(e), section 261(f), section 261(g), section 261(h), and
section 261(i); grant assistance provided under section 211(b) made in
FY 2024 or later; and grant assistance provided under section 221 made
in FY 2024 or later, except as modified in the Federal Programs and
Services Agreement or by United States law. Beginning in FY 2024, and
consistent with the 2023 Fiscal Procedures Agreement, the Government of
the United States may attach reasonable terms and conditions to any
United States assistance provided under this Article and may seek
appropriate remedies for noncompliance with such terms and conditions or
for failure to comply with section 234, including the withholding of
such assistance.
[[Page 138 STAT. 452A-35]]
(b) The cost of the annual audit required under Article X(2) of the
2023 Fiscal Procedures Agreement shall be borne by the Government of the
Republic of the Marshall Islands and may be paid for from the amounts
made available for sector grants described in section 261(a).
Section 263 - Joint Economic Management and Financial Accountability
Committee
Beginning in FY 2024, the Joint Economic Management and Financial
Accountability Committee shall be governed by the 2023 Fiscal Procedures
Agreement and shall be composed of a U.S. chairperson, one other member
from the Government of the United States, and two members from the
Government of the Republic of the Marshall Islands.
Section 264 - Biennial Report
Beginning in FY 2024, and every two years thereafter until two years
after all grants provided to the Government of the Republic of the
Marshall Islands under Article I and Article VI of this Title are closed
out, the Government of the Republic of the Marshall Islands shall report
to the President of the United States on the use of such assistance and
other assistance provided by the Government of the United States during
the previous two fiscal years, and on the progress of the Government of
the Republic of the Marshall Islands in meeting program and economic
goals. The Joint Economic Management and Financial Accountability
Committee shall review and comment on the report and make appropriate
recommendations based thereon.
Section 265 - Trust Fund
(a) The Government of the United States shall contribute the amounts
set forth in section 266 to the Trust Fund to be used in accordance with
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 on October 16, 2023 (``2023 Trust
Fund Agreement'').
(b) Upon its entry into force, the 2023 Trust Fund Agreement, or any
successor agreement, shall govern the Trust Fund and all contributions
made pursuant to this Title and shall provide for:
(1) Exemption from federal and state taxes in the United
States and the Republic of the Marshall Islands of all funds
derived from the United States investment;
(2) Annual reports to the Government of the United States
and the Government of the Republic of the Marshall Islands;
(3) Distributions from the Trust Fund to provide the
Government of the Republic of the Marshall Islands
[[Page 138 STAT. 452A-36]]
with sources of revenue to help meet needs of people in the
Republic of the Marshall Islands;
(4) Fiscal procedures that are sufficient to provide
oversight of the Trust Fund, including for expending of and
accounting for distributions, and to ensure that distributions
are used for the purposes described in the 2023 Trust Fund
Agreement;
(5) A Trust Fund Committee composed of three voting members
appointed by the Government of the United States, to include the
chair of the Trust Fund Committee, two voting members appointed
by the Government of the Republic of the Marshall Islands, and
one voting member appointed by Taiwan; and
(6) Appropriate remedies for the gross failure of the
Government of the Republic of the Marshall Islands to use Trust
Fund distributions in accordance with the 2023 Trust Fund
Agreement, to include the return to the Government of the United
States of the present market value of its contributions to the
Trust Fund and the present market value of any undistributed
income derived therefrom.
(c) If this Compact, as amended, is terminated, the provisions of
sections 451 through 453 of this Compact, as amended, shall govern the
treatment of any United States contributions to the Trust Fund and any
undistributed income derived therefrom.
Section 266 - Sector Grant Funding and Trust Fund Contributions
The funds described in sections 261(a) and 265 shall be made
available as follows:
(In thousands of U.S. dollars)
----------------------------------------------------------------------------------------------------------------
Sector Grants Trust Fund (Section
FY (Section 261(a)) 265) Total
----------------------------------------------------------------------------------------------------------------
2024 50,000 200,000 250,000
----------------------------------------------------------------------------------------------------------------
2025 51,000 200,000 251,000
----------------------------------------------------------------------------------------------------------------
2026 52,020 200,000 252,020
----------------------------------------------------------------------------------------------------------------
2027 53,060 100,000 153,060
----------------------------------------------------------------------------------------------------------------
2028 54,122 -- 54,122
----------------------------------------------------------------------------------------------------------------
2029 55,204 -- 55,204
----------------------------------------------------------------------------------------------------------------
2030 56,308 -- 56,308
----------------------------------------------------------------------------------------------------------------
2031 57,434 -- 57,434
----------------------------------------------------------------------------------------------------------------
2032 58,583 -- 58,583
----------------------------------------------------------------------------------------------------------------
2033 59,755 -- 59,755
----------------------------------------------------------------------------------------------------------------
2034 60,950 -- 60,950
----------------------------------------------------------------------------------------------------------------
[[Page 138 STAT. 452A-37]]
2035 62,169 -- 62,169
----------------------------------------------------------------------------------------------------------------
2036 63,412 -- 63,412
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2037 64,680 -- 64,680
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2038 65,974 -- 65,974
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2039 67,293 -- 67,293
----------------------------------------------------------------------------------------------------------------
2040 68,639 -- 68,639
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2041 70,012 -- 70,012
----------------------------------------------------------------------------------------------------------------
2042 71,412 -- 71,412
----------------------------------------------------------------------------------------------------------------
2043 72,841 -- 72,841
----------------------------------------------------------------------------------------------------------------
Section 267 - Carry-Over of Unused Funds
All funds made available under this Article shall be available until
expended. The carry-over of unused funds made available under this
Article shall be governed by Article XI of the 2023 Fiscal Procedures
Agreement.''
Part 2. Title Four Amendments
Article V of Title Four of the Compact, as Amended shall be amended as
follows:
a. The word ``twentieth'' shall be replaced with the word
``fortieth'';
b. ``Trust Fund Agreement'' shall be replaced with ``2023 Trust Fund
Agreement'';
c. In Sections 451(b), 452(b), and 453(c), ``section 216'' shall be
replaced with ``section 265''; and
d. In Sections 451(c), 452(c), and 453(d), ``section 216'' shall be
replaced with ``section 216 and section 265''.
Part 3. Final Provisions
1. This Agreement shall enter into force on the date of the later note
in an exchange of notes between the Signatory Governments indicating
that each Signatory Government has completed its internal procedures for
entry into force.
2. The Signatory Governments may mutually agree to continue the
provision of sector grants and federal programs and services beyond
fiscal year 2043 at the same levels and subject to similar
[[Page 138 STAT. 452A-38]]
favorable terms identified in the amendments described in Part 1 of this
Agreement and 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 on
October 16, 2023.
3. Prior to fiscal year 2044 and every 20 years thereafter, the
Signatory Governments shall conduct joint reviews of the needs of the
Republic of the Marshall Islands and its progress in meeting development
objectives.
4. Nothing in this Agreement affects or otherwise alters the agreement
referred to in Section 462(a)(1) of the Compact, as Amended.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective governments, have signed this Agreement.
DONE at Honolulu, on October 16, 2023, in duplicate, in the English
language.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES THE REPUBLIC OF THE
OF AMERICA: MARSHALL ISLANDS:
JOSEPH Y. YUN JACK ADING