[118th Congress Public Law 47]
[From the U.S. Government Publishing Office]
[[Page 459]]
FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2024
[[Page 138 STAT. 460]]
Public Law 118-47
118th Congress
An Act
Making further consolidated appropriations for the fiscal year ending
September 30, 2024, and for other purposes. <<NOTE: Mar. 23,
2024 - [H.R. 2882]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Further
Consolidated Appropriations Act, 2024.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Consolidated Appropriations
Act, 2024''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2024
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION C--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Labor
[[Page 138 STAT. 461]]
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2024
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION G--OTHER MATTERS
Title I--Extensions and Other Matters
Title II--Udall Foundation Reauthorization
Title III--Funding Limitation for United Nations Relief and Works Agency
Title IV--Budgetary Effects
SEC. 3. <<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 House
section of the Congressional Record on or about March 22, 2024, and
submitted by the chair of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of funds and
implementation of divisions A through F of this Act as if it were a
joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2024.
SEC. 6. <<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.
SEC. 7. <<NOTE: 2 USC 4501 note.>> ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2024.
[[Page 138 STAT. 462]]
DIVISION A-- <<NOTE: Department of Defense Appropriations Act,
2024.>> DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $50,041,206,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $36,707,388,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $15,268,629,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $36,204,130,000.
[[Page 138 STAT. 463]]
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Space Force on active duty and cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $1,256,973,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,367,436,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,472,718,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $878,928,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 9038 of title 10, United States Code,
or while serving on active duty under section
[[Page 138 STAT. 464]]
12301(d) of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code, or
while undergoing reserve training, or while performing drills or
equivalent duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,428,553,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$9,791,213,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$5,272,165,000.
[[Page 138 STAT. 465]]
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$58,604,854,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $71,972,007,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the Navy,
and payments may be made upon the Secretary's certificate of necessity
for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$10,184,529,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$61,471,101,000: Provided, That not to exceed $7,699,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Air Force, and payments
may be made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$4,895,818,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$52,599,068,000: Provided, That not more than $2,981,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the Secretary
of Defense, and
[[Page 138 STAT. 466]]
payments may be made upon the Secretary's certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $55,000,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $5,000,000 shall be available for
centers with eligible entities defined in 10 U.S.C. 4951(1)(D):
Provided further, That none of the funds appropriated or otherwise made
available by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of the
Secretary of Defense, the office of the Secretary of a military
department, or the service headquarters of one of the Armed Forces into
a legislative affairs or legislative liaison office: Provided further,
That of the funds provided under this heading, $3,000,000, to remain
available until September 30, 2025, shall be available only for expenses
relating to certain classified activities: Provided further, That of
the funds provided under this heading, $25,968,000, to remain available
until expended, shall be available only for expenses relating to certain
classified activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That of the funds provided under
this heading, $2,356,915,000, of which $1,406,346,000, to remain
available until September 30, 2025, shall be available to provide
support and assistance to foreign security forces or other groups or
individuals to conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: <<NOTE: Time period. Reports.>> Provided further, That the
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this paragraph: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $397,950,000, to remain available until September 30, 2025:
Provided, That such funds shall be available to the Secretary of Defense
in coordination with the Secretary of State, to provide assistance,
including training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation; construction
for facility fortification and humane treatment; and sustainment, to
foreign security forces, irregular forces, groups, or individuals
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria, and their affiliated or associated
groups: Provided further, <<NOTE: Security
mission. Notification.>> That amounts made available under this heading
shall be available to provide assistance only for activities in a
country designated by the Secretary of Defense, in coordination with the
Secretary of State, as having a security mission to counter the Islamic
State of Iraq and Syria, and following written notification to the
congressional defense
[[Page 138 STAT. 467]]
committees of such designation: Provided
further, <<NOTE: Assessment. Iran.>> That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, <<NOTE: Time
period. Notification.>> That the Secretary of Defense shall, not fewer
than 15 days prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the details of any
such obligation: Provided further, <<NOTE: Iraq.>> That the Secretary
of Defense may accept and retain contributions, including assistance in-
kind, from foreign governments, including the Government of Iraq and
other entities, to carry out assistance authorized under this heading:
Provided further, That contributions of funds for the purposes provided
herein from any foreign government or other entity may be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall
prioritize such contributions when providing any assistance for
construction for facility fortification: Provided
further, <<NOTE: Waiver authority. Determination. Notice.>> That the
Secretary of Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and 40A of the
Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the congressional defense
committees, the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives: Provided
further, <<NOTE: Notification.>> That the United States may accept
equipment procured using funds provided under this heading that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria and returned by such forces or groups to
the United States, and such equipment may be treated as stocks of the
Department of Defense upon written notification to the congressional
defense committees: Provided
further, <<NOTE: Determination. Notification.>> That equipment procured
using funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred to
security forces, irregular forces, or groups participating, or preparing
to participate in activities to counter the Islamic State of Iraq and
Syria may be treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for transfer to
such forces or groups and upon written notification to the congressional
defense committees: Provided further, <<NOTE: Time
period. Reports.>> That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the number
of individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or
individuals: <<NOTE: Reports.>> Provided further, That of the funds
provided under this heading for stipends for foreign security forces,
irregular forces, groups, or individuals participating, or preparing to
participate in activities to counter ISIS in Syria, fifty percent shall
not be available for obligation or expenditure
[[Page 138 STAT. 468]]
until the Secretary of Defense reports to the Committees on
Appropriations of the House of Representatives and the Senate that
measures are in place to ensure accountability of such funds: Provided
further, That stipend support for the Kurdish Peshmerga may only be
reduced commensurate with support provided from other sources, including
Iraqi national funds.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $3,562,714,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,370,710,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $325,395,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $4,005,756,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,611,897,000.
[[Page 138 STAT. 469]]
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $7,335,405,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $16,620,000, of which not to exceed
$10,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Army,
$241,860,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Navy,
$410,240,000, to remain available until transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and to be available
[[Page 138 STAT. 470]]
for the same purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Air Force,
$384,744,000, to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of Defense, $8,965,000,
to remain available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of Defense, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of Defense, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Army,
$232,806,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for
[[Page 138 STAT. 471]]
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris at sites formerly used by the
Department of Defense, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $142,500,000, to remain available until
September 30, 2025.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $350,999,000, to remain
available until September 30, 2026.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $64,977,000: Provided, That no other amounts may be otherwise
credited or transferred to the Account, or deposited into the Account,
in fiscal year 2024 pursuant to section 1705(d) of title 10, United
States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,287,997,000, to remain available for obligation until
September 30, 2026.
[[Page 138 STAT. 472]]
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $4,622,213,000, to remain available for obligation until
September 30, 2026.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $4,244,226,000, to
remain available for obligation until September 30, 2026.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,943,574,000, to remain available for obligation until
September 30, 2026.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and
[[Page 138 STAT. 473]]
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $8,626,297,000, to remain available for
obligation until September 30, 2026.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$19,826,909,000, to remain available for obligation until September 30,
2026.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $5,876,828,000, to remain available for obligation
until September 30, 2026.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,161,205,000, to remain available for obligation until
September 30, 2026.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor,
[[Page 138 STAT. 474]]
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $2,443,598,000;
Columbia Class Submarine (AP), $3,390,734,000;
Carrier Replacement Program (CVN-80), $1,104,421,000;
Carrier Replacement Program (CVN-81), $800,492,000;
Virginia Class Submarine, $7,129,965,000;
Virginia Class Submarine (AP), $3,158,782,000;
CVN Refueling Overhauls (AP), $488,446,000;
DDG-1000 Program, $392,892,000;
DDG-51 Destroyer, $4,499,179,000;
DDG-51 Destroyer (AP), $1,641,335,000;
FFG-Frigate, $2,183,861,000;
LPD Flight II (AP), $500,000,000;
LHA Replacement, $1,830,149,000;
TAO Fleet Oiler, $815,420,000;
TAGOS Surtass Ship, $513,466,000;
LCU 1700, $62,532,000;
Ship to Shore Connector, $585,000,000;
Service Craft, $93,815,000;
Auxiliary Personnel Lighter, $72,000,000;
LCAC SLEP, $15,286,000;
Auxiliary Vessels, $142,008,000;
For outfitting, post delivery, conversions, and first
destination transportation, $512,019,000; and
Completion of Prior Year Shipbuilding Programs,
$1,290,093,000.
In all: $33,665,493,000, to remain available for obligation until
September 30, 2028: Provided, That additional obligations may be
incurred after September 30, 2028, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10, United
States Code, only in accordance with the provisions of the applicable
subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $14,385,665,000, to remain available for obligation
until September
[[Page 138 STAT. 475]]
30, 2026: Provided, That such funds are also available for the
maintenance, repair, and modernization of ships under a pilot program
established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $3,904,532,000, to remain available for obligation until
September 30, 2026.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $20,828,306,000, to remain available for
obligation until September 30, 2026.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,693,647,000, to remain
available for obligation until September 30, 2026.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
[[Page 138 STAT. 476]]
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $589,943,000, to remain available for obligation
until September 30, 2026.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $31,327,131,000, to remain available for
obligation until September 30, 2026.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,064,948,000, to remain
available for obligation until September 30, 2026.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$6,392,675,000, to remain available for obligation until September 30,
2026.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $587,905,000, to remain available for
obligation until September 30, 2028, which
[[Page 138 STAT. 477]]
shall be obligated and expended by the Secretary of Defense as if
delegated the necessary authorities conferred by the Defense Production
Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2026: Provided,
That <<NOTE: Deadline. Assessment.>> the Chiefs of National Guard and
Reserve components shall, not later than 30 days after enactment of this
Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition.
__________
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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. 478]]
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $17,115,037,000, to
remain available for obligation until September 30, 2025.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $27,964,807,000, to
remain available for obligation until September 30, 2025: Provided,
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special
Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $47,340,416,000, to
remain available for obligation until September 30, 2025.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $18,669,844,000, to
remain available until September 30, 2025.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $36,892,886,000, to remain
available for obligation until September 30, 2025.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $337,489,000, to remain available for obligation until
September 30, 2025.
[[Page 138 STAT. 479]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,786,779,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$39,898,624,000; of which $36,639,695,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2025, and of which up to
$19,757,403,000 may be available for contracts entered into under the
TRICARE program; of which $381,881,000, to remain available for
obligation until September 30, 2026, shall be for procurement; and of
which $2,877,048,000, to remain available for obligation until September
30, 2025, shall be for research, development, test and evaluation:
Provided, That of the funds provided under this heading for research,
development, test and evaluation, not less than $1,509,000,000 shall be
made available to the Defense Health Agency to carry out the
congressionally directed medical research programs: Provided further,
That, notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $12,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary of Defense
shall submit to the congressional defense committees quarterly reports
on the current status of the electronic health record program: Provided
further, <<NOTE: Time period. Reviews.>> That the Comptroller General of
the United States shall perform quarterly performance reviews of the
electronic health record program.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,091,844,000, of which $89,284,000 shall be
for operation and maintenance, of which not less than $57,875,000 shall
be for the Chemical Stockpile Emergency Preparedness Program, consisting
of $23,676,000 for activities on military installations and $34,199,000,
to remain available until September 30, 2025, to assist State and local
governments; and $1,002,560,000, to remain available until September 30,
2025, shall be for research, development, test and evaluation, of which
$1,000,467,000 shall only be for the Assembled Chemical Weapons
Alternatives program.
[[Page 138 STAT. 480]]
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,177,061,000, of which $702,962,000
shall be for counter-narcotics support; $138,313,000 shall be for the
drug demand reduction program; $305,786,000 shall be for the National
Guard counter-drug program; and $30,000,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That <<NOTE: Determination.>> upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in this
Act: Provided further, That funds <<NOTE: Notification.>> appropriated
under this heading may be used to support a new start program or project
only after written prior notification to the Committees on
Appropriations of the House of Representatives and the Senate.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $528,565,000, of which $524,067,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon the
Inspector General's certificate of necessity for confidential military
purposes; of which $1,098,000, to remain available for obligation until
September 30, 2026, shall be for procurement; and of which $3,400,000,
to remain available until September 30, 2025, shall be for research,
development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
[[Page 138 STAT. 481]]
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $625,419,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. <<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. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That <<NOTE: Turkey.>> the limitations
of this provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. <<NOTE: Time period.>> No more than 20 percent of the
appropriations in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer camp
training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. <<NOTE: Determination.>> Upon determination by the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Director of the
Office of Management and Budget, transfer not to exceed $6,000,000,000
of working capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for military
functions (except military construction) between such appropriations or
funds or any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the
Congress: <<NOTE: Notification.>> Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority
[[Page 138 STAT. 482]]
in this Act: Provided further, <<NOTE: Reprogramming requests.>> That
no part of the funds in this Act shall be available to prepare or
present a request to the Committees on Appropriations of the House of
Representatives and the Senate for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That <<NOTE: Reprogramming Requests. Deadline.>> a
request for multiple reprogrammings of funds using authority provided in
this section shall be made prior to June 30, 2024: Provided further,
That transfers among military personnel appropriations shall not be
taken into account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) <<NOTE: Requirement.>> With regard to the list of
specific programs, projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such programs,
projects, and activities) contained in the tables titled Explanation of
Project Level Adjustments in the explanatory statement regarding this
Act and the tables contained in the classified annex accompanying this
Act, the obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities
for which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act:
Provided, <<NOTE: Applicability.>> That section 8005 of this Act shall
apply when transfers of the amounts described in subsection (a) occur
between appropriation accounts, subject to the limitation in subsection
(c): Provided further, That the transfer amount limitation provided in
section 8005 of this Act shall not apply to transfers of amounts
described in subsection (a) if such transfers are necessary for the
proper execution of such funds.
(c) During the current fiscal year, amounts specified in the
referenced tables in titles III and IV of this Act described in
subsection (a) may not be transferred pursuant to section 8005 of this
Act other than for proper execution of such amounts, as provided in
subsection (b).
Sec. 8007. (a) <<NOTE: Reports.>> Not later than 60 days after the
date of the enactment of this Act, the Department of Defense shall
submit a report to the congressional defense committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2024: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the
[[Page 138 STAT. 483]]
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. <<NOTE: Notifications.>> During the current fiscal year,
cash balances in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United States Code,
may be maintained in only such amounts as are necessary at any time for
cash disbursements to be made from such funds: Provided, That transfers
may be made between such funds: Provided further,
That <<NOTE: Determination. Approval.>> transfers may be made between
working capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Director of the Office of Management
and Budget, except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may be
made against a working capital fund to procure or increase the value of
war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. <<NOTE: Notification. Time period.>> Funds appropriated
by this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. <<NOTE: Contracts. Notification. Time periods. 10 USC
3501 note.>> None of the funds provided in this Act shall be available
to initiate: (1) a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year of the
contract or that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided, That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
[[Page 138 STAT. 484]]
defense committees: Provided
further, <<NOTE: Requirement. Analysis. Determination.>> That the
execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds provided in this
Act may be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract--
(1) <<NOTE: Budget request.>> the Secretary of Defense has
submitted to Congress a budget request for full funding of units
to be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes, for any
aircraft unit to be procured through the contract for which
procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal
year covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows: Naval Strike Missile; Guided
Multiple Launch Rocket System; PATRIOT Advanced Capability-3 Missile
Segment Enhancement; Long Range Anti-Ship Missile; Joint Air-to-Surface
Standoff Missile; Advanced Medium-Range Air-to-Air Missile; and USS
Virginia Class (SSN-774).
Sec. 8011. <<NOTE: Humanitarian assistance. Foreign
countries.>> Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code:
Provided, <<NOTE: Reports.>> That such funds may also be obligated for
humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of title 10,
United States Code, and these obligations shall be reported as required
by section 401(d) of title 10, United States Code: Provided further,
That funds available for operation and maintenance shall be available
for providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, <<NOTE: Determination. Hawaii. Territories.>> That upon a
determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) <<NOTE: Reports.>> Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate a report on excessive contractor payments that exceed the
thresholds established in 10 U.S.C. chapter 271 ``Truthful
[[Page 138 STAT. 485]]
Cost or Pricing Data (Truth in Negotiations)'' or 41 U.S.C. chapter 35
``Truthful Cost or Pricing Data'' and with respect to which none of the
exceptions to certified cost or pricing data requirements apply.
(b) The report required by subsection (a) shall also include the
following:
(1) The amounts collected, adjusted, or offset from
contractors as a result of providing defective cost and pricing
data;
(2) The mechanisms used to identify violations of 10 U.S.C.
chapter 271 or 41 U.S.C. chapter 35;
(3) Disciplinary actions taken by the Department of Defense
when violations of 10 U.S.C. chapter 271 or 41 U.S.C. chapter 35
are identified, regardless of whether they are included in the
System for Award Management; and
(4) Any referrals made to the Department of Justice.
Sec. 8013. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades, or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 4902 of title 10, United States Code, under the
authority of this provision or any other transfer authority contained in
this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 2025
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code) a description of each transfer under this section that
occurred during the last fiscal year before the fiscal year in which
such budget is submitted.
Sec. 8016. <<NOTE: Anchor and mooring chain.>> None of the funds in
this Act may be available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard anchor and
mooring chain unless the anchor and mooring chain are manufactured in
the United States from components which are substantially manufactured
in the United States: Provided, <<NOTE: Definition.>> That for the
purpose of this section, the term ``manufactured'' shall include
cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the components
of anchor and mooring chain shall be considered to be produced or
manufactured in the United States if the aggregate cost of the
components produced or manufactured in the United States exceeds the
aggregate cost of the components produced or manufactured outside the
[[Page 138 STAT. 486]]
United States: Provided further, <<NOTE: Waiver
authority. Certification.>> That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the Service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8017. <<NOTE: Alcohol and alcoholic beverages.>> None of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases may
be made in any State in which the installation is located: Provided
further, <<NOTE: Applicability.>> That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. <<NOTE: Arms and munitions. Certification.>> None of the
funds available to the Department of Defense may be used to demilitarize
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not
otherwise prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by the
Secretary of the Army or designee as unserviceable or unsafe for further
use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, <<NOTE: Waiver authority. Certification.>> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8020. Of the funds made available in this Act under the
heading ``Procurement, Defense-Wide'', $25,169,000 shall be available
only for incentive payments authorized by section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544): Provided,
That <<NOTE: Contracts.>> a prime contractor or a subcontractor at any
tier that makes a subcontract award to any subcontractor or supplier as
defined in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals defined
under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making appropriations for the Department of Defense
[[Page 138 STAT. 487]]
with respect to any fiscal year: Provided
further, <<NOTE: Applicability.>> That notwithstanding section 1906 of
title 41, United States Code, this section shall be applicable to any
Department of Defense acquisition of supplies or services, including any
contract and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual
or individuals defined under section 4221(9) of title 25, United States
Code.
Sec. 8021. (a) <<NOTE: Native Americans. State
listing.>> Notwithstanding any other provision of law, the Secretary of
the Air Force may convey at no cost to the Air Force, without
consideration, to Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington
relocatable military housing units located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth
Air Force Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. <<NOTE: Determination.>> Any such
conveyance shall be subject to the condition that the housing units
shall be removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <<NOTE: Definition.>> In this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 may be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund,
Army'', $120,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $69,000,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $55,100,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
[[Page 138 STAT. 488]]
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $11,900,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $2,000,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) Except when acting in a technical advisory capacity, no member
of a Board of Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a defense
FFRDC, or any entity that contracts with the Federal government to
manage or operate one or more FFRDCs, or any paid consultant to a
defense FFRDC shall receive funds appropriated by this Act as
compensation for services as a member of such entity: Provided, That a
member of any such entity shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when engaged
in the performance of membership duties: Provided further, That except
when acting in a technical advisory capacity, no paid consultant shall
receive funds appropriated by this Act as compensation by more than one
FFRDC in a calendar year.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2024, not more than
$2,857,803,000 may be funded for professional technical staff-related
costs of the defense FFRDCs: Provided, That within such funds, not more
than $456,803,000 shall be available for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall not apply
to staff years funded in the National Intelligence Program and the
Military Intelligence Program: Provided
further, <<NOTE: Reports. Budget estimates.>> That the Secretary of
Defense shall, with the submission of the department's fiscal year 2025
budget request, submit a report presenting the specific amounts of staff
years of technical effort to be allocated for each defense FFRDC by
program during that fiscal year and the associated budget estimates, by
appropriation account and program.
(e) <<NOTE: Reduction.>> Notwithstanding any other provision of this
Act, the total amount appropriated in this Act for FFRDCs is hereby
reduced by $27,197,000: Provided, That this subsection shall not apply
to appropriations for the National Intelligence Program and Military
Intelligence Program.
[[Page 138 STAT. 489]]
Sec. 8027. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services Committee
of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the Subcommittee on
Defense of the Committee on Appropriations of the Senate.
Sec. 8028. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, <<NOTE: Certification. Cost estimates.>> That the Senior
Acquisition Executive of the military department or Defense Agency
concerned, with power of delegation, shall certify that successful bids
include comparable estimates of all direct and indirect costs for both
public and private bids: Provided further, That Office of Management
and Budget Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. (a) <<NOTE: Compliance.>> None of the funds appropriated
in this Act may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the Buy
American Act. For <<NOTE: Definition.>> purposes of this subsection,
the term ``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
4658 of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8031. <<NOTE: Contracts.>> None of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy, or
armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and
rolled in the United States or Canada:
Provided, <<NOTE: Applicability.>> That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, <<NOTE: Waiver authority. Certification.>> That the Secretary
of the military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing
[[Page 138 STAT. 490]]
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions shall not
apply to contracts which are in being as of the date of the enactment of
this Act.
Sec. 8032. (a)(1) <<NOTE: Determination. Contracts. Rescission. 41
USC 8304 note.>> If the Secretary of Defense, after consultation with
the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) <<NOTE: Memorandum.>> An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2024. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) <<NOTE: Definition.>> For purposes of this section, the term
``Buy American Act'' means chapter 83 of title 41, United States Code.
Sec. 8033. <<NOTE: Contracts. Ball and roller bearings.>> None of
the funds appropriated by this Act may be used for the procurement of
ball and roller bearings other than those produced by a domestic source
and of domestic origin: Provided, <<NOTE: Waiver
authority. Certification.>> That the Secretary of the military
department responsible for such procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, <<NOTE: Applicability.>> That this restriction shall
not apply to the purchase of ``commercial products'', as defined by
section 103 of title 41, United States Code, except that the restriction
shall apply to ball or roller bearings purchased as end items.
Sec. 8034. In addition to any other funds made available for such
purposes, there is appropriated $50,000,000, for an additional amount
for the ``National Defense Stockpile Transaction Fund'', to remain
available until September 30, 2026, for activities pursuant to the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.): Provided, <<NOTE: Time period. Execution plan.>> That none of
the funds provided under this section may be obligated or expended until
30 days after the Secretary of Defense provides the Committees on
Appropriations of the House of Representatives and the Senate a detailed
execution plan for such funds.
Sec. 8035. <<NOTE: Supercomputers. Certification.>> None of the
funds in this Act may be used to purchase any supercomputer which is not
manufactured in the
[[Page 138 STAT. 491]]
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must be made
in order to acquire capability for national security purposes that is
not available from United States manufacturers.
Sec. 8036. (a) <<NOTE: Waiver authority. Determination.>> The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided in law if the Secretary determines that
the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of
Defense and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into under
section 4851 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the
United States for that country.
(b) <<NOTE: Applicability. Contracts. Effective date.>> Subsection
(a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8037. <<NOTE: Flags. 10 USC 4862 note.>> None of the funds made
available in this Act, or any subsequent Act making appropriations for
the Department of Defense, may be used for the purchase or manufacture
of a flag of the United States unless such flags are treated as covered
items under section 4862(b) of title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account shall be available until expended for the payments specified by
section 2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $350,000: Provided, <<NOTE: Determination.>> That upon
determination by the Secretary of Defense that such action is necessary
to meet the operational requirements of a Commander of a Combatant
Command engaged in a named contingency operation overseas, such funds
may be used to purchase items having an investment item unit cost of not
more than $500,000.
Sec. 8040. Up to $16,809,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the United States Indo-Pacific Command to execute Theater Security
Cooperation activities such as humanitarian assistance, and payment of
incremental and personnel costs of training and exercising with foreign
security forces: Provided,
[[Page 138 STAT. 492]]
That <<NOTE: Humanitarian assistance.>> funds made available for this
purpose may be used, notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8041. <<NOTE: Regulations. Tobacco and tobacco products. 10 USC
2484 note.>> The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in military
resale outlets in the United States, its territories and possessions at
a price below the most competitive price in the local community:
Provided, That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail outlets shall be
within the range of prices established for military retail system stores
located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <<NOTE: Budget request. Contracts.>> The fiscal year 2025 budget
request for the Department of Defense as well as all justification
material and other documentation supporting the fiscal year 2025
Department of Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in this Act
shall be budgeted for in a proposed fiscal year 2025 procurement
appropriation and not in the supply management business area or any
other area or category of the Department of Defense Working Capital
Funds.
Sec. 8043. <<NOTE: 50 USC 3521 note.>> None of the funds
appropriated by this Act for programs of the Central Intelligence Agency
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2025: Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30,
2025: Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for the construction, improvement, or
alteration of facilities, including leased facilities, to be used
primarily by personnel of the intelligence community, shall remain
available until September 30, 2026.
Sec. 8044. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
[[Page 138 STAT. 493]]
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) <<NOTE: Waiver authority. Determination. Certification.>> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial requirements of
the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) <<NOTE: Determination.>> an Army field operating agency
established to eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8045. (a) <<NOTE: Contracts. Effective date.>> None of the
funds appropriated by this Act shall be available to convert to
contractor performance an activity or function of the Department of
Defense that, on or after the date of the enactment of this Act, is
performed by Department of Defense civilian employees unless--
(1) <<NOTE: Plan.>> the conversion is based on the result of
a public-private competition that includes a most efficient and
cost effective organization plan developed by such activity or
function;
(2) <<NOTE: Determination.>> the Competitive Sourcing
Official determines that, over all performance periods stated in
the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by
a contractor would be less costly to the Department of Defense
by an amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
[[Page 138 STAT. 494]]
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(rescissions)
Sec. 8046. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Cooperative Threat Reduction Account'', 2022/2024,
$75,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2022/2024, $1,900,000;
``Other Procurement, Army'', 2022/2024, $54,681,000;
``Aircraft Procurement, Navy'', 2022/2024, $1,428,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2022/
2024, $1,012,000;
``Shipbuilding and Conversion, Navy: T-AGOS'', 2022/2026,
$158,300,000;
``Procurement, Marine Corps'', 2022/2024, $7,100,000;
``Aircraft Procurement, Air Force'', 2022/2024, $83,261,000;
``Procurement, Defense-Wide'', 2022/2024, $204,000;
``Operation and Maintenance, Defense-Wide'', 2023/2024,
$85,000,000;
[[Page 138 STAT. 495]]
``Counter-ISIS Train and Equip Fund'', 2023/2024,
$50,000,000;
``Aircraft Procurement, Army'', 2023/2025, $3,372,000;
``Missile Procurement, Army'', 2023/2025, $2,713,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2023/2025, $10,372,000;
``Other Procurement, Army'', 2023/2025, $63,028,000;
``Procurement of Ammunition, Army'', 2023/2025, $3,223,000;
``Aircraft Procurement, Navy'', 2023/2025, $319,745,000;
``Weapons Procurement, Navy'', 2023/2025, $50,000,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2023/
2025, $2,262,000;
``Shipbuilding and Conversion, Navy: DDG-51 Advance
Procurement'', 2023/2027, $77,300,000;
``Shipbuilding and Conversion, Navy: LPD Flight II Advance
Procurement'', 2023/2027, $250,000,000;
``Other Procurement, Navy'', 2023/2025, $89,101,000;
``Procurement, Marine Corps'', 2023/2025, $158,550,000;
``Aircraft Procurement, Air Force'', 2023/2025,
$282,762,000;
``Other Procurement, Air Force'', 2023/2025, $37,100,000;
``Procurement, Space Force'', 2023/2025, $80,487,000;
``Procurement, Defense-Wide'', 2023/2025, $34,326,000;
``Research, Development, Test and Evaluation, Army'', 2023/
2024, $29,850,000;
``Research, Development, Test and Evaluation, Navy'', 2023/
2024, $136,705,000;
``Research, Development, Test and Evaluation, Air Force'',
2023/2024, $112,324,000;
``Research, Development, Test and Evaluation, Space Force'',
2023/2024, $96,878,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', 2023/2024, $237,538,000.
Sec. 8047. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8048. <<NOTE: North Korea.>> None of the funds appropriated or
otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: Provided, <<NOTE: Armed
Forces remains.>> That this restriction shall not apply to any
activities incidental to the Defense POW/MIA Accounting Agency mission
to recover and identify the remains of United States Armed Forces
personnel from the Democratic People's Republic of Korea.
Sec. 8049. <<NOTE: Reimbursement. 10 USC 2241 note.>> In this fiscal
year and each fiscal year thereafter, funds appropriated for operation
and maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay, allowances
and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the
National
[[Page 138 STAT. 496]]
Guard and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8050. <<NOTE: Drugs and drug abuse. 10 USC 274 note.>> (a) None
of the funds available to the Department of Defense for any fiscal year
for drug interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) <<NOTE: 50 USC 3506 note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
Sec. 8051. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby appropriated
to the Department of Defense: Provided, <<NOTE: Determination.>> That
upon the determination of the Secretary of Defense that it shall serve
the national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8052. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they contribute
to the extramural budget. <<NOTE: Reports.>> The Secretary of each
military department, the Director of each Defense Agency, and the head
of each other relevant component of the Department of Defense shall
submit to the congressional defense committees, concurrent with
submission of the budget justification documents to Congress pursuant to
section 1105 of title 31, United States Code, a report with a detailed
accounting of the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides taken from
programs, projects, or activities within such department, agency, or
component during the most recently completed fiscal year.
Sec. 8053. <<NOTE: Contracts.>> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period
[[Page 138 STAT. 497]]
as the appropriations to which transferred, to be used in support of
such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8055. (a) <<NOTE: Reimbursement.>> Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8056. (a) None of the funds appropriated or otherwise made
available by this or prior Acts may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C-40 aircraft.
(b) <<NOTE: Determination.>> The limitation under subsection (a)
shall not apply to an individual C-40 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer mission
capable due to a Class A mishap.
(c) <<NOTE: Certification.>> If the Secretary determines under
subsection (b) that an aircraft is no longer mission capable, the
Secretary shall submit to the congressional defense committees a
certification in writing that the status of such aircraft is due to a
Class A mishap and not due to lack of maintenance, repairs, or other
reasons.
(d) <<NOTE: Reports.>> Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the necessary steps taken
by the Department of Defense to meet the travel requirements for
official or representational duties of members of Congress and the
Cabinet in fiscal years 2024 and 2025.
Sec. 8057. <<NOTE: Certifications.>> (a) None of the funds
appropriated in title IV of this Act may be used to procure end-items
for delivery to military forces for operational training, operational
use, or inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping in accordance
with an approved test strategy, and test activities preceding and
leading to acceptance for operational use.
(b) If the number of end-items budgeted with funds appropriated in
title IV of this Act exceeds the number required in an approved test
strategy, the Under Secretary of Defense (Research and Engineering) and
the Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the responsible Service Acquisition Executive, shall
certify in writing to the congressional defense committees that there is
a bonafide need for the additional end-items at the time of submittal to
Congress of the budget of the President for fiscal year 2025 pursuant to
section 1105 of title 31, United States Code: Provided, That this
restriction does not apply to programs funded within the National
Intelligence Program.
(c) <<NOTE: Reports.>> The Secretary of Defense shall, at the time
of the submittal to Congress of the budget of the President for fiscal
year 2025 pursuant to section 1105 of title 31, United States Code,
submit to the congressional defense committees a report detailing the
use
[[Page 138 STAT. 498]]
of funds requested in research, development, test and evaluation
accounts for end-items used in development, prototyping and test
activities preceding and leading to acceptance for operational use:
Provided, <<NOTE: List.>> That the report shall set forth, for each end
item covered by the preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in that
proviso were used for such item: Provided
further, <<NOTE: Compliance.>> That the Secretary of Defense shall, at
the time of the submittal to Congress of the budget of the President for
fiscal year 2025 pursuant to section 1105 of title 31, United States
Code, submit to the congressional defense committees a certification
that funds requested for fiscal year 2025 in research, development, test
and evaluation accounts are in compliance with this section: Provided
further, <<NOTE: Waiver authority.>> That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in writing
to the Subcommittees on Defense of the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8058. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8059. <<NOTE: Time period. Reports. Strategies. Cost
estimates.>> Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any new start defense innovation
acceleration or rapid prototyping program demonstration project with a
value of more than $5,000,000 may only be obligated 15 days after a
report, including a description of the project, the planned acquisition
and transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, <<NOTE: Waiver authority. Certification.>> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8060. <<NOTE: Classified information. Reports.>> The Secretary
of Defense shall continue to provide a classified quarterly report to
the Committees on Appropriations of the House of Representatives and the
Senate, Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8061. Notwithstanding section 12310(b) of title 10, United
States Code, a servicemember who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of title
32, United States Code, may perform duties in support of the ground-
based elements of the National Ballistic Missile Defense System.
Sec. 8062. <<NOTE: Arms and munitions. Contracts.>> None of the
funds provided in this Act may be used to transfer to any
nongovernmental entity ammunition held by the Department of Defense that
has a center-fire cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'', ``armor
piercing incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services for the
Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing
[[Page 138 STAT. 499]]
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8063. <<NOTE: Waiver authority. Time period.>> Notwithstanding
any other provision of law, the Chief of the National Guard Bureau, or
their designee, may waive payment of all or part of the consideration
that otherwise would be required under section 2667 of title 10, United
States Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or their designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8064. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $175,943,968 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, <<NOTE: Contracts. Real property.>> That the Secretary of
Defense is authorized to enter into and carry out contracts for the
acquisition of real property, construction, personal services, and
operations related to projects carrying out the purposes of this
section: Provided further, <<NOTE: Determination.>> That contracts
entered into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, <<NOTE: Compliance. Determination.>> That projects authorized
by this section shall comply with applicable Federal, State, and local
law to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
Sec. 8065. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change is
otherwise in accordance with paragraphs (1)-(3) of subsection (a).
(c) <<NOTE: Study. Proposals.>> The Director of National
Intelligence and the Secretary of Defense may jointly, only for the
purposes of achieving auditable financial statements and improving
fiscal reporting, study and develop detailed proposals for alternative
financial management
[[Page 138 STAT. 500]]
processes. <<NOTE: Risk assessment.>> Such study shall include a
comprehensive counterintelligence risk assessment to ensure that none of
the alternative processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) <<NOTE: Certifications. Attestations.>> receive
certification from all affected agencies attesting that the
proposed alternatives will help achieve auditability, improve
fiscal reporting, and will not adversely affect
counterintelligence; and
(3) <<NOTE: Deadline.>> not later than 30 days after
receiving all necessary certifications under paragraph (2),
present the proposed alternatives and certifications to the
congressional defense and intelligence committees.
(including transfer of funds)
Sec. 8066. In addition to amounts made available elsewhere in this
Act, $100,000,000 is hereby appropriated to the Department of Defense
and made available for transfer to operation and maintenance accounts,
procurement accounts, and research, development, test and evaluation
accounts only for those efforts by the Commander, United States Africa
Command or Commander, United States Southern Command to expand
cooperation, share operational information, advance interoperability, or
improve the capabilities of our allies and partners in their areas of
operation: Provided, That none <<NOTE: Time period. Execution
plan.>> of the funds provided under this section may be obligated or
expended until 30 days after the Secretary of Defense provides to the
congressional defense committees an execution plan: Provided further,
That <<NOTE: Time period. Notifications.>> not less than 15 days prior
to any transfer of funds, the Secretary of Defense shall notify the
congressional defense committees of the details of any such transfer:
Provided further, That upon transfer, the funds shall be merged with and
available for the same purposes, and for the same time period, as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this section is in addition to any other
transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8067. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
(including transfer of funds)
Sec. 8068. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding <<NOTE: Determination. Grants. Fisher House Foundation,
Inc.>> any other provision of law, that upon the determination of the
Secretary of Defense that it shall serve the national interest, these
funds shall be available only for a grant
[[Page 138 STAT. 501]]
to the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to
the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8070. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command operational and administrative control of United
States Navy forces assigned to the Pacific fleet: Provided,
That <<NOTE: Proposal.>> the command and control relationships which
existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That <<NOTE: Time period. Notification.>> the proposed modification may
be implemented 30 days after the notification unless an objection is
received from either the House or Senate Appropriations Committees:
Provided further, That any proposed modification shall not preclude the
ability of the commander of United States Indo-Pacific Command to meet
operational requirements.
Sec. 8071. <<NOTE: Notice. 10 USC 3601 note.>> Any notice that is
required to be submitted to the Committees on Appropriations of the
House of Representatives and the Senate under section 3601 of title 10,
United States Code, as added by section 804(a) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 shall be
submitted pursuant to that requirement concurrently to the Subcommittees
on Defense of the Committees on Appropriations of the House of
Representatives and the Senate.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
and Evaluation, Defense-Wide'', $500,000,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount, $80,000,000 shall
be for the Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome Procurement
Agreement, as amended; $127,000,000 shall be for the Short Range
Ballistic Missile Defense (SRBMD) program, including cruise missile
defense research and development under the SRBMD program; $40,000,000
shall be for co-production activities of SRBMD systems in the United
States and in Israel to meet Israel's defense requirements consistent
with each nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for SRBMD, as amended; $80,000,000
shall be for an upper-tier component to the Israeli Missile Defense
Architecture, of which $80,000,000 shall be for co-production activities
of Arrow 3 Upper Tier systems in the United States and in Israel to meet
Israel's defense requirements consistent with each nation's laws,
regulations, and procedures, subject to
[[Page 138 STAT. 502]]
the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier, as
amended; and $173,000,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and airborne,
detection suite: Provided further, That the transfer authority provided
under this section is in addition to any other transfer authority
contained in this Act.
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $1,290,093,000 shall be
available until September 30, 2024, to fund prior year shipbuilding cost
increases for the following programs:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2024: Carrier Replacement Program, $624,600,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2024: Virginia Class Submarine Program, $43,419,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2024: Virginia Class Submarine Program, $100,115,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2024: DDG 51 Program, $104,090,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2024: Virginia Class Submarine Program, $24,646,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2024: DDG 51 Program, $121,827,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2024: LPD 17 Amphibious Transport Dock Program,
$16,520,000;
(8) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2024: Ship to Shore Connector Program, $43,600,000;
(9) Under the heading ``Shipbuilding and Conversion, Navy'',
2019/2024: Littoral Combat Ship Program, $23,000,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2024: T-AO Fleet Oiler Program, $27,060,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2024: CVN Refueling Overhauls, $42,422,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2024: T-AO Fleet Oiler Program, $93,250,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2024: Towing, Salvage, and Rescue Ship Program,
$1,150,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2024: Towing, Salvage, and Rescue Ship Program,
$21,809,000; and
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2024: T-AO Fleet Oiler Program, $2,585,000.
Sec. 8074. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities and
intelligence-related activities not otherwise authorized in the
Intelligence Authorization Act for Fiscal Year 2024 are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8075. <<NOTE: Notifications.>> None of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity
[[Page 138 STAT. 503]]
unless such program, project, or activity must be undertaken immediately
in the interest of national security and only after written prior
notification to the congressional defense committees.
Sec. 8076. <<NOTE: Nuclear armed interceptors.>> None of the funds
in this Act may be used for research, development, test, evaluation,
procurement or deployment of nuclear armed interceptors of a missile
defense system.
Sec. 8077. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning any Littoral
Combat Ship, the USS Germantown, or the USS Tortuga.
(including transfer of funds)
Sec. 8078. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $20,000,000
under the authority provided by this section: Provided
further, <<NOTE: Time period. Proposal. Reports.>> That the Secretary
may not transfer any funds until 30 days after the proposed transfer has
been reported to the Committees on Appropriations of the House of
Representatives and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds transferred pursuant
to this section shall retain the same period of availability as when
originally appropriated: Provided further, That the transfer authority
provided under this section is in addition to any other transfer
authority contained elsewhere in this Act: Provided further,
That <<NOTE: Expiration date.>> the transfer authority provided by this
section expires on September 30, 2028.
Sec. 8079. <<NOTE: 53rd Weather Reconnaissance Squadron.>> None of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8080. <<NOTE: Foreign intelligence.>> None of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to
United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States
Constitution as implemented through Executive Order No. 12333.
Sec. 8081. <<NOTE: Research and development. Science and
technology.>> None of the funds appropriated by this Act for programs of
the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2025.
Sec. 8082. <<NOTE: Applicability.>> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations
[[Page 138 STAT. 504]]
in any prior fiscal year, and the 1 percent limitation shall apply to
the total amount of the appropriation.
Sec. 8083. (a) <<NOTE: Reports.>> Not later than 60 days after the
date of enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and transfer
authorities for fiscal year 2024: Provided, That the report shall
include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8084. Any transfer of amounts appropriated to the Department
of Defense Acquisition Workforce Development Account in or for fiscal
year 2024 to a military department or Defense Agency pursuant to section
1705(e)(1) of title 10, United States Code, shall be covered by and
subject to section 8005 of this Act.
Sec. 8085. (a) <<NOTE: Notifications. Time periods.>> None of the
funds provided for the National Intelligence Program in this or any
prior appropriations Act shall be available for obligation or
expenditure through a reprogramming or transfer of funds in accordance
with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
Sec. 8086. (a) <<NOTE: Public information. Web
posting. Reports. Determination.>> 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.
[[Page 138 STAT. 505]]
(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) <<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. 8087. (a) <<NOTE: Contracts.>> None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) <<NOTE: Certification.>> None of the funds appropriated or
otherwise made available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any action to
enforce any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes <<NOTE: Definition.>> of this subsection, a ``covered
subcontractor'' is an entity that has a subcontract in excess of
$1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the term of
the contract or subcontract is not longer than necessary to avoid such
harm. The determination shall set forth with specificity the grounds for
the waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. <<NOTE: Public
information. Deadline.>> The Secretary of Defense shall transmit to
Congress, and simultaneously make public, any determination under this
subsection not less than 15 business days before the contract or
subcontract addressed in the determination may be awarded.
[[Page 138 STAT. 506]]
(including transfer of funds)
Sec. 8088. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$172,000,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-
417: <<NOTE: Notifications.>> Provided further, That additional funds
may be transferred from funds appropriated for operation and maintenance
for the Defense Health Program to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 8089. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8090. Notwithstanding price or other limitations applicable to
the purchase of passenger carrying vehicles, appropriations available to
the Department of Defense may be used for the purchase of: (1) heavy and
light armored vehicles for the physical security of personnel or for
force protection purposes up to a limit of $450,000 per vehicle; and (2)
passenger motor vehicles up to a limit of $75,000 per vehicle for use by
military and civilian employees of the Department of Defense in the
United States Central Command area of responsibility.
(including transfer of funds)
Sec. 8091. <<NOTE: Determination.>> Upon a determination by the
Director of National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of the
Director of the Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for the National
Intelligence Program: Provided, That such authority to transfer may not
be used unless for higher priority items, based on unforeseen
intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested has been
denied by the Congress: Provided further, That <<NOTE: Reprogramming
requests. Deadline.>> a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June 30,
2024.
Sec. 8092. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $142,008,000, to remain available
for obligation until September 30, 2028, may be used for the purchase of
two used sealift vessels for the National Defense Reserve Fleet,
established under section 11 of the Merchant Ship Sales Act of 1946 (46
U.S.C. 57100): Provided, <<NOTE: Reimbursement.>> That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
[[Page 138 STAT. 507]]
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet: Provided further, That
notwithstanding section 2218 of title 10, United States Code, none of
these funds shall be transferred to the National Defense Sealift Fund
for execution.
Sec. 8093. <<NOTE: Grants. Public information. Web posting.>> The
Secretary of Defense shall post grant awards on a public website in a
searchable format.
Sec. 8094. <<NOTE: Surveillance.>> None of the funds made available
by this Act may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8095. <<NOTE: Salaries.>> None of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Department of Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of Defense.
Sec. 8096. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $667,508,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided,
That <<NOTE: Reimbursements.>> such amounts are available for
reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet.
Sec. 8097. (a) <<NOTE: Contracts.>> None of the funds provided in
this Act for the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following components
unless those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion equipment
(including engines, reduction gears, and propellers); shipboard cranes;
spreaders for shipboard cranes; and anchor chains, specifically for the
seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That
the <<NOTE: Deadline.>> Secretary of the Navy shall incorporate United
States manufactured propulsion engines and propulsion reduction gears
[[Page 138 STAT. 508]]
into the FFG(X) Frigate program beginning not later than with the
eleventh ship of the program.
Sec. 8098. <<NOTE: Contracts.>> None of the funds provided in this
Act for requirements development, performance specification development,
concept design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations research
analysis, industry studies, preliminary design, development of the
Detailed Design and Construction Request for Proposals solicitation
package, or related activities for the T-ARC(X) Cable Laying and Repair
Ship or the T-AGOS(X) Oceanographic Surveillance Ship may be used to
award a new contract for such activities unless these contracts include
specifications that all auxiliary equipment, including pumps and
propulsion shafts, are manufactured in the United States.
Sec. 8099. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8100. <<NOTE: Gaming. Adult entertainment.>> None of the funds
made available by this Act may be used for Government Travel Charge Card
expenses by military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or nude
entertainers or participants, as prohibited by Department of Defense
FMR, Volume 9, Chapter 3 and Department of Defense Instruction 1015.10
(enclosure 3, 14a and 14b).
Sec. 8101. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities, or for any activity necessary for the national
defense, including intelligence activities.
Sec. 8102. <<NOTE: Determination.>> None of the funds provided for,
or otherwise made available, in this or any other Act, may be obligated
or expended by the Secretary of Defense to provide motorized vehicles,
aviation platforms, munitions other than small arms and munitions
appropriate for customary ceremonial honors, operational military units,
or operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine the
readiness of such units, platforms, or equipment.
Sec. 8103.
(a) <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Taxes.>>
None of the funds made available by this or any other Act may be used to
enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
[[Page 138 STAT. 509]]
pursuant to an agreement with the authority responsible for collecting
such tax liability, provided that the applicable Federal agency is aware
of the unpaid Federal tax liability.
(b) <<NOTE: Determination.>> Subsection (a) shall not apply if the
applicable Federal agency has considered suspension or debarment of the
corporation described in such subsection and has made a determination
that such suspension or debarment is not necessary to protect the
interests of the Federal Government.
Sec. 8104. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight in the tables titled Explanation of
Project Level Adjustments in the explanatory statement regarding this
Act, may be used for expenses for the agile research, development, test
and evaluation, procurement, production, modification, and operation and
maintenance, only for the following Software and Digital Technology
Pilot programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) Global Command and Control System (PE 0303150K); and
(6) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal year
2024.
Sec. 8105. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance
Office and the Space Force or any other elements of the Department of
Defense.
Sec. 8106. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 8107. <<NOTE: Azov Battalion.>> None of the funds made
available by this Act may be used to provide arms, training, or other
assistance to the Azov Battalion.
Sec. 8108. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed $350,000,000
for purposes specified in section 2350j(c) of title 10, United States
Code, in anticipation of receipt of contributions, only
[[Page 138 STAT. 510]]
from the Government of Kuwait, under that section: Provided, That, such
contributions shall, upon receipt, be credited to the appropriations or
fund which incurred such obligations.
Sec. 8109. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,406,346,000, to remain available until
September 30, 2025, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, <<NOTE: Time
period. Notifications.>> That the Secretary of Defense shall, not less
than 15 days prior to obligating funds made available in this section,
notify the congressional defense committees in writing of the details of
any planned obligation: Provided further, <<NOTE: Time
period. Reports.>> That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8110. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $380,000,000, to remain available until
September 30, 2025, shall be available to reimburse Jordan, Lebanon,
Egypt, Tunisia, and Oman under section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for
enhanced border security, of which not less than $150,000,000 shall be
for Jordan: Provided, <<NOTE: Time period. Notifications.>> That the
Secretary of Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the congressional defense
committees in writing of the details of any planned obligation and the
nature of the expenses incurred: Provided further, That <<NOTE: Time
period. Reports.>> the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8111. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8112. <<NOTE: Child soldiers.>> None of the funds made
available by this Act for excess defense articles, assistance under
section 333 of title 10, United States Code, or peacekeeping operations
for the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
457; 22 U.S.C. 2370c-1) may be used to support any military training or
operation that includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of 2008.
Sec. 8113. <<NOTE: Taliban.>> None of the funds made available by
this Act may be made available for any member of the Taliban.
Sec. 8114. Notwithstanding any other provision of law, any transfer
of funds, appropriated or otherwise made available by this Act, for
support to friendly foreign countries in connection with the conduct of
operations in which the United States is not participating, pursuant to
section 331(d) of title 10, United States Code, shall be made in
accordance with section 8005 of this Act.
Sec. 8115.
(a) <<NOTE: Contracts. Memorandums. Grants. Loans. Rosoboronexport.>>
None of the funds appropriated or otherwise made available by this or
any other Act may be used by the
[[Page 138 STAT. 511]]
Secretary of Defense, or any other official or officer of the Department
of Defense, to enter into a contract, memorandum of understanding, or
cooperative agreement with, or make a grant to, or provide a loan or
loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) <<NOTE: Waiver
authority. Determination. Certification. Russia.>> The Secretary of
Defense may waive the limitation in subsection (a) if the Secretary, in
consultation with the Secretary of State and the Director of National
Intelligence, determines that it is in the vital national security
interest of the United States to do so, and certifies in writing to the
congressional defense committees that--
(1) <<NOTE: Syria.>> Rosoboronexport has ceased the transfer
of lethal military equipment to, and the maintenance of existing
lethal military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) <<NOTE: Review. Reports.>> The Inspector General of the
Department of Defense shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the Secretary of
Defense pursuant to subsection (b), and not later than 90 days after the
date on which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a
report containing the results of the review conducted with respect to
such waiver.
Sec. 8116. Equipment procured using funds provided in prior Acts
under the heading ``Counterterrorism Partnerships Fund'' for the program
authorized by section 1209 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291), or under the heading ``Iraq Train and Equip Fund'' for the
program authorized by section 1236 of such Act, and not yet transferred
to authorized recipients may be transferred to foreign security forces,
irregular forces, groups, or individuals, authorized to receive
assistance using amounts provided under the heading ``Counter-ISIS Train
and Equip Fund'' in this Act: Provided, <<NOTE: Time
period. Notifications.>> That such equipment may be transferred 15 days
following written notification to the congressional defense committees.
Sec. 8117. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $15,000,000, to remain available until September 30,
2025, shall be for payments to reimburse key cooperating nations for
logistical, military, and other support, including access, provided to
United States military and stability operations to counter the Islamic
State of Iraq and Syria: Provided,
That <<NOTE: Reimbursements. Determinations. Time
period. Notification.>> such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
written notification to the appropriate congressional committees:
Provided further, <<NOTE: Contracts. Time period. Notifications.>> That
these funds may be used for
[[Page 138 STAT. 512]]
the purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military and stability operations to counter the Islamic
State of Iraq and Syria, and 15 days following written notification to
the appropriate congressional committees: Provided
further, <<NOTE: Reports.>> That the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8118. <<NOTE: Notifications. Deadline.>> The Secretary of
Defense shall notify the congressional defense committees in writing not
more than 30 days after the receipt of any contribution of funds
received from the government of a foreign country for any purpose
relating to the stationing or operations of the United States Armed
Forces: Provided, That such notification shall include the amount of
the contribution; the purpose for which such contribution was made; and
the authority under which such contribution was accepted by the
Secretary of Defense: Provided further, <<NOTE: Time period.>> That not
fewer than 15 days prior to obligating such funds, the Secretary of
Defense shall submit to the congressional defense committees in writing
a notification of the planned use of such contributions, including
whether such contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8119. <<NOTE: Reports.>> (a) The Chairman of the Joint Chiefs,
in coordination with the Secretaries of the military departments and the
Chiefs of the Armed Forces, shall submit to the congressional defense
committees, not later than 30 days after the last day of each quarter of
the fiscal year, a report on the use of operation and maintenance funds
for activities or exercises in excess of $5,000,000 that have been
designated by the Secretary of Defense as unplanned activities for
fiscal year 2024.
(b) Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise (including
an estimate of the number of participants);
(3) <<NOTE: Costs.>> the total cost of the activity or
exercise, by budget line item (with a breakdown by cost element
such as transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8120. (a) <<NOTE: Deadline. Allocation.>> Within 45 days of
enactment of this Act, the Secretary of Defense shall allocate amounts
made available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund for fiscal year 2024
pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act
of 2022 (division A of Public Law 117-167), to the account specified, in
the amounts specified, and for the projects and activities specified, in
the table titled ``Department of Defense Allocation of Funds: CHIPS and
Science Act Fiscal Year 2024'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
[[Page 138 STAT. 513]]
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(b)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of Defense:
Provided, That in any fiscal year, the matter preceding this proviso
shall not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may be
allocated pursuant to the transfer authority in section 102(b)(1) of the
CHIPS Act of 2022 only in amounts that are no more than the allocation
for such purposes in subsection (a) of this section.
(c) The <<NOTE: Reallocation.>> Secretary of Defense may reallocate
funds allocated by subsection (a) of this section, subject to the terms
and conditions contained in the provisos in section 8005 of this Act:
Provided, That amounts may be reallocated pursuant to this subsection
only for those requirements necessary to carry out section 9903(b) of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
(d) <<NOTE: Proposed allocations.>> Concurrent with the annual
budget submission of the President for fiscal year 2025, the Secretary
of Defense shall submit to the Committees on Appropriations of the House
of Representatives and the Senate proposed allocations by account and by
program, project, or activity, with detailed justifications, for amounts
made available under section 102(b)(2) of the CHIPS Act of 2022 for
fiscal year 2025.
(e) <<NOTE: Reports.>> The Department of Defense shall provide the
Committees on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded by the CHIPS for America Defense Fund for amounts allocated
pursuant to subsection (a) of this section, including all uncommitted,
committed, and unobligated funds.
Sec. 8121. <<NOTE: Deadline. Notifications.>> Not later than 15 days
after the date on which any foreign base that involves the stationing or
operations of the United States Armed Forces, including a temporary
base, permanent base, or base owned and operated by a foreign country,
is opened or closed, the Secretary of Defense shall notify the
congressional defense committees in writing of the opening or closing of
such base: Provided, That such notification shall also include
information on any personnel changes, costs, and savings associated with
the opening or closing of such base.
Sec. 8122. <<NOTE: Iraq.>> None of the funds made available by this
Act may be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States Armed Forces into hostilities in Iraq, into situations in
Iraq where imminent involvement in hostilities is clearly indicated by
the circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8123. <<NOTE: Syria.>> None of the funds made available by this
Act may be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Syrian territory, airspace, or
waters while equipped for combat, in contravention
[[Page 138 STAT. 514]]
of the congressional consultation and reporting requirements of sections
3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8124. <<NOTE: Iraq. Syria.>> None of the funds appropriated or
otherwise made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8125. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 8126. Up to $500,000,000 of funds appropriated by this Act for
the Defense Security Cooperation Agency in ``Operation and Maintenance,
Defense-Wide'' may be used to provide assistance to the Government of
Jordan to support the armed forces of Jordan and to enhance security
along its borders.
Sec. 8127. <<NOTE: Reduction.>> The total amount appropriated or
otherwise made available in title II of this Act is hereby reduced by
$500,000,000 to limit excessive growth in the procurement of advisory
and assistance services, to be distributed as follows:
``Operation and Maintenance, Army'', $138,000,000;
``Operation and Maintenance, Navy'', $68,000,000;
``Operation and Maintenance, Marine Corps'', $52,000,000;
``Operation and Maintenance, Air Force'', $77,000,000;
``Operation and Maintenance, Space Force'', $9,500,000;
``Operation and Maintenance, Defense-Wide'', $143,000,000;
and
``Operation and Maintenance, Army National Guard'',
$12,500,000:
Provided, That this section shall not apply to appropriations for the
National Intelligence Program and Military Intelligence Program.
Sec. 8128. <<NOTE: Reduction.>> The total amount appropriated or
otherwise made available in title II of this Act is hereby reduced by
$100,000,000 to reflect savings attributable to efficiencies and
management improvements in the funding of miscellaneous or other
contracts in the military departments, as follows:
``Operation and Maintenance, Army'', $21,000,000;
``Operation and Maintenance, Navy'', $25,000,000;
``Operation and Maintenance, Marine Corps'', $3,500,000;
``Operation and Maintenance, Air Force'', $22,000,000;
``Operation and Maintenance, Space Force'', $1,700,000; and
``Operation and Maintenance, Defense-Wide'', $26,800,000:
Provided, That this section shall not apply to appropriations for the
National Intelligence Program and Military Intelligence Program.
Sec. 8129. <<NOTE: Reductions.>> The amounts appropriated in title
II of this Act are hereby reduced by $500,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $400,000,000;
and
(2) From ``Operation and Maintenance, Navy'', $100,000,000.
[[Page 138 STAT. 515]]
Sec. 8130. <<NOTE: Reduction.>> Notwithstanding any other provision
of this Act, to reflect savings due to favorable foreign exchange rates,
the total amount appropriated in this Act is hereby reduced by
$969,000,000.
Sec. 8131. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes and
for the same time period as the appropriations to which the funds are
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8132. <<NOTE: Applicability.>> In carrying out the program
described in the memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or Severely Ill/
Injured (Category II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such memorandum, the Secretary of
Defense shall apply such policy and guidance, except that--
(1) <<NOTE: Embryos.>> the limitation on periods regarding
embryo cryopreservation and storage set forth in part III(G) and
in part IV(H) of such memorandum shall not apply; and
(2) <<NOTE: Definition.>> the term ``assisted reproductive
technology'' shall include embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
Sec. 8133. <<NOTE: Ridge Alkonis. Determination.>> The Secretary of
the Navy shall continue to provide pay and allowances to Lieutenant
Ridge Alkonis, United States Navy, until such time as the Secretary of
the Navy makes a determination with respect to the separation of
Lieutenant Alkonis from the Navy.
Sec. 8134. <<NOTE: Grants.>> Grants pursuant to section 8120 of the
Department of Defense Appropriations Act, 2022 (division C of Public Law
117-103) to communities impacted by military aviation noise for the
purpose of installing noise mitigating insulation at covered facilities
may also provide for the installation of air conditioning that
complements noise mitigating insulation at such facilities.
Sec. 8135. During their period of availability, amounts
appropriated in section 124 of the Continuing Appropriations Act, 2023
(division A of Public Law 117-180) may be charged for any proper expense
pursuant to section 1553(b)(1) of title 31, United States Code,
notwithstanding the limitation in section 1553(b)(2) of such title.
Sec. 8136. The Secretary of Defense may obligate funds made
available in this Act for procurement or for research, development, test
and evaluation for the F-35 Joint Strike Fighter to modify up to six F-
35 aircraft, including up to two F-35 aircraft of each variant, to a
test configuration: Provided, <<NOTE: Notifications. Time
period.>> That the Secretary of Defense shall, with the concurrence of
the Secretary of the Air Force and the Secretary of the Navy, notify the
congressional defense committees not fewer than 30 days prior to
obligating funds under this section: Provided further, That any
transfer of funds pursuant to the authority provided in this section
shall be made in accordance with section 8005 of this Act.
[[Page 138 STAT. 516]]
Sec. 8137. None of the funds appropriated or otherwise made
available by this or any other Act may be obligated to integrate an
alternative engine on any F-35 aircraft.
Sec. 8138. <<NOTE: Contracts.>> Funds appropriated in title III of
this Act may be used to enter into a contract or contracts for the
procurement of airframes and engines for the CH-53K heavy lift
helicopter program.
Sec. 8139. The Secretary of Defense may use up to $650,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 3601 of
title 10, United States Code, but only for the purposes specified in
clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B) of such
section and subject to the applicable limits specified in clauses (i),
(ii), and (iii) of such subsection and, in the case of clause (iv) of
such subsection, subject to a limit of $50,000,000, or for the purposes
specified in section 229 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) and subject to a limit of
$100,000,000: Provided, <<NOTE: Notifications.>> That the Secretary of
Defense shall notify the congressional defense committees promptly of
all uses of this authority.
Sec. 8140. There is appropriated to the ``Department of Defense
Credit Program Account'' established pursuant to section 903(b)(5) of
the National Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31), $49,200,000, to remain available until September 30, 2026, for
the cost of loans and loan guarantees pursuant to section 903(b) of such
Act for a pilot program on capital assistance to support defense
investment in the industrial base: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
amounts are available to subsidize gross obligations for the principal
amount of direct loans, and total loan principal, any part of which is
to be guaranteed, not to exceed $984,000,000: Provided
further, <<NOTE: Criteria.>> That the Secretary of Defense
(``Secretary'') and the Director of the Office of Management and Budget
(``Director'') shall jointly develop criteria for project eligibility
for direct loans and loan guarantees authorized by section 903(b) of the
National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31) that limit Federal participation in a project consistent with the
requirements for the budgetary treatment provided for in section 504 of
the Federal Credit Reform Act of 1990 and based on the recommendations
contained in the 1967 Report of the President's Commission on Budget
Concepts: Provided
further, <<NOTE: Reports. Certification. Compliance.>> That the
Secretary and the Director shall, not later than 120 days after the date
of enactment of this Act, report such criteria to the Subcommittees on
Defense of the Committees on Appropriations of the House of
Representatives and the Senate and certify in that report that the
criteria are compliant with this section: Provided
further, <<NOTE: Briefing. Estimate.>> That in the event that a report
is not completed and certified within 120 days, the Secretary and the
Director shall provide a joint explanatory briefing on program
establishment progress and estimated completion time: Provided further,
That, <<NOTE: Consultation.>> in developing the criteria to be used, the
Secretary and the Director shall consult with the Director of the
Congressional Budget Office: Provided further, That the requirements of
section 553 of title 5, United States Code, shall not apply to the
development of such criteria: Provided further, That the use of direct
[[Page 138 STAT. 517]]
loans or loan guarantee authority under this section for direct loans or
commitments to guarantee loans for any project using funds provided by
this section shall be in accordance with such criteria: Provided
further, That the Secretary may not issue a Notice of Funding
Availability for applications for credit assistance under the program
authorized by section 903(b) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31) using funds provided by this
section until the criteria have been developed pursuant to the third
proviso and certified pursuant to the fourth proviso: Provided
further, <<NOTE: Certification. Compliance.>> That none of the direct
loans or loan guarantee authority made available under this section
shall be available for any project unless the Secretary and the
Director, or their respective designees, have each individually
certified in advance in writing to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives and the
Senate that the direct loan or loan guarantee, as applicable, and the
project comply with the criteria developed pursuant to this section:
Provided further, That the report required by the fourth proviso shall
include information on any statutory improvements to section 149 of
title 10, United States Code, as added by section 903 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31), and
section 903(b) of such Act, that would further align such sections with
the budgetary treatment and recommendations referred to in the third
proviso, including statutory improvements necessary to ensure that no
further reference to the criteria or the certifications will be required
in appropriations Acts in future fiscal years: Provided further, That
such statutory improvements shall also be shared with the Committees on
the Budget and Armed Services of the House of Representatives and the
Senate: Provided 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 Secretary shall
promptly provide, documentation and information relating to a project
identified by the Department of Defense pursuant to a Notice of Funding
Availability for applications for credit assistance under section 903(b)
of the National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118-31).
Sec. 8141. Notwithstanding section 8057 of this Act, amounts
appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' of this Act, as detailed in budget activity
eight in the tables titled Explanation of Project Level Adjustments in
the explanatory statement regarding this Act for ``Defense Innovation
Unit (DIU) Fielding'' line 281A, that exceed the amounts requested may
be used for expenses for agile research, development, test and
evaluation, procurement, production, modification, and operation and
maintenance requirements, including the initial acquisition of end-items
for operational use: Provided, <<NOTE: Time period. Execution
plan.>> That none of these funds may be obligated or expended until 15
days after the Secretary of Defense provides the Committees on
Appropriations of the House of Representatives and the Senate a detailed
execution plan for such funds.
Sec. 8142. <<NOTE: Wuhan Institute of Virology. China.>> None of the
funds made available by this Act may be used to support any activity
conducted by, or associated with, the Wuhan Institute of Virology.
Sec. 8143. <<NOTE: EcoHealth Alliance, Inc.
China. Determination. Waiver authority. Deadline. Submission.>> None of
the funds made available by this Act may be used to fund any work to be
performed by EcoHealth Alliance, Inc. in China on research supported by
the government of China
[[Page 138 STAT. 518]]
unless the Secretary of Defense determines that a waiver to such
prohibition is in the national security interests of the United States
and, not later than 14 days after granting such a waiver, submits to the
congressional defense committees a detailed justification for the
waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8144. <<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 United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 8145. <<NOTE: Detainees. Cuba.>> None of the funds appropriated
or otherwise made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo Bay, Cuba,
to the custody or control of the individual's country of origin, any
other foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92) and section 1035 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232).
Sec. 8146. <<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. 8147. <<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.
[[Page 138 STAT. 519]]
Sec. 8148. <<NOTE: Ukraine.>> Of the amounts appropriated in this
Act under the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $300,000,000, to remain
available until September 30, 2025, shall be for the Ukraine Security
Assistance Initiative: Provided, That such funds shall be available to
the Secretary of Defense, with the concurrence of the Secretary of
State, to provide assistance, including training; equipment; lethal
assistance; logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the military and
national security forces of Ukraine, and to other forces or groups
recognized by and under the authority of the Government of Ukraine,
including governmental entities within Ukraine, engaged in resisting
Russian aggression against Ukraine, for replacement of any weapons or
articles provided to the Government of Ukraine from the inventory of the
United States, and to recover or dispose of equipment procured using
funds made available in this section in this or prior Acts: Provided
further, <<NOTE: Time period. Notifications.>> That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any such obligation: Provided
further, <<NOTE: Deadline.>> That the Secretary of Defense shall, not
more than 60 days after such notification is made, inform such
committees if such funds have not been obligated and the reasons
therefor: Provided further, <<NOTE: Consultation.>> That the Secretary
of Defense shall consult with such committees in advance of the
provision of support provided to other forces or groups recognized by
and under the authority of the Government of Ukraine: Provided further,
That the United States may accept equipment procured using funds made
available in this section in this or prior Acts transferred to the
security forces of Ukraine and returned by such forces to the United
States: Provided further, <<NOTE: Notifications.>> That equipment
procured using funds made available in this section in this or prior
Acts, and not yet transferred to the military or national security
forces of Ukraine or to other assisted entities, or returned by such
forces or other assisted entities to the United States, may be treated
as stocks of the Department of Defense upon written notification to the
congressional defense committees: Provided further, <<NOTE: Estimated
timeline.>> That any notification of funds made available in this
section shall specify an estimated timeline for the delivery of defense
articles and defense services provided and shall identify if any
equipment provided requires enhanced end-use monitoring: Provided
further, That the Secretary of Defense may accept and retain
contributions, including money, personal property, and services, from
foreign governments and other entities, to carry out assistance
authorized for the Ukraine Security Assistance Initiative in this
section: Provided further, <<NOTE: Notifications.>> That the Secretary
of Defense shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the
specific use of such contributions: Provided further, That
contributions of money for the purposes provided herein from any foreign
government or other entity may be credited to this account, to remain
available until September 30, 2025, and used for such purposes:
Provided further, <<NOTE: Time period. Reports.>> That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees on the use and status of funds made available in this
section.
Sec. 8149. <<NOTE: China. Time period. Notifications.>> None of the
funds appropriated or otherwise made available by this Act may be made
available to remove a Chinese
[[Page 138 STAT. 520]]
military company from the list required by section 1260H of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283),
except in accordance with subsection (b)(3) of such section and 15 days
following written notification to the congressional defense committees.
Sec. 8150. None of the funds made available by this Act may be used
in contravention of section 525 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
This division may be cited as the ``Department of Defense
Appropriations Act, 2024''.
DIVISION B-- <<NOTE: Financial Services and General Government
Appropriations Act, 2024.>> FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2024
TITLE <<NOTE: Department of the Treasury Appropriations Act, 2024.>> I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the performance
of official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to State,
local, and territorial entities; and Treasury-wide management policies
and programs activities $287,576,000, of which not less than $9,000,000
shall be available for the administration of financial assistance, in
addition to amounts otherwise available for such purposes: Provided,
That of the amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2025, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical
Infrastructure Protection, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
[[Page 138 STAT. 521]]
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in the
United States, $21,000,000, to remain available until expended:
Provided, <<NOTE: Notifications.>> That the chairperson of the Committee
may transfer such amounts to any department or agency represented on the
Committee (including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. 4565), and shall be available in addition to any
other funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided
further, <<NOTE: Reduction.>> That the total amount appropriated under
this heading from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2024, so as to result in a
total appropriation from the general fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $226,862,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$16,000,000 shall remain available until September 30, 2025.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $36,500,000, to remain
available until September 30, 2026: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $6,500,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
[[Page 138 STAT. 522]]
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $11,007,000, to
remain available until September 30, 2026: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement ``Internal Revenue Service,
Operations Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
$48,389,000, including hire of passenger motor vehicles; of which not to
exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2025, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
not to exceed $1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out chapter 4 of title 5, United States Code,
including purchase and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Inspector General for Tax Administration;
$172,508,000, of which $5,000,000 shall remain available until September
30, 2025; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall be
available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
[[Page 138 STAT. 523]]
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; services
authorized by 5 U.S.C. 3109; not to exceed $25,000 for official
reception and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $190,193,000 of
which not to exceed $55,000,000 shall remain available until September
30, 2026.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $391,109,000; of which not to exceed $8,000,000, to remain
available until September 30, 2026, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $225,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$157,795,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2026, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services,
[[Page 138 STAT. 524]]
including both operating expenses and capital investments: Provided,
That the aggregate amount of new liabilities and obligations incurred
during fiscal year 2024 under such section 5136 for circulating coinage
and protective service capital investments of the United States Mint
shall not exceed $50,000,000.
Community Development Financial Institutions Fund
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $324,000,000. Of the amount
appropriated under this heading--
(1) not less than $188,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September 30,
2025, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which
up to $1,600,000 may be available for training and outreach
under section 109 of Public Law 103-325 (12 U.S.C. 4708), of
which up to $3,153,750 may be used for the cost of direct loans,
of which up to $10,000,000, notwithstanding subsection (d) of
section 108 of Public Law 103-325 (12 U.S.C. 4707(d)), may be
available to provide financial assistance, technical assistance,
training, and outreach to community development financial
institutions to expand investments that benefit individuals with
disabilities, and of which up to $2,000,000 shall be for the
Economic Mobility Corps to be operated in conjunction with the
Corporation for National and Community Service, pursuant to 42
U.S.C. 12571: Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000: Provided further, That of the funds
provided under this paragraph, excluding those made to community
development financial institutions to expand investments that
benefit individuals with disabilities and those made to
community development financial institutions that serve
populations living in persistent poverty counties, the CDFI Fund
shall prioritize Financial Assistance awards to organizations
that invest and lend in high-poverty areas: Provided
further, <<NOTE: Definition.>> That for purposes of this
section, the term ``high-poverty area'' means any census tract
with a poverty rate of at least 20 percent as measured by the
2016-2020 5-year data series available from the American
Community Survey of the Bureau of the Census for all States and
Puerto Rico or with a poverty rate of at least 20 percent as
measured by the 2010 Island areas Decennial Census data for any
territory or possession of the United States;
(2) not less than $28,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2025, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
[[Page 138 STAT. 525]]
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $40,000,000 is available until September
30, 2025, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2025, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to expand
the availability of healthy food options in distressed
communities;
(5) not less than $9,000,000 is available until September
30, 2025, to provide grants for loan loss reserve funds and to
provide technical assistance for small dollar loan programs
under section 122 of Public Law 103-325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public Law
shall not apply to the provision of such grants and technical
assistance;
(6) up to $35,000,000 is available for administrative
expenses, including administration of CDFI Fund programs and the
New Markets Tax Credit Program, of which not less than
$1,000,000 is for the development of tools to better assess and
inform CDFI investment performance and CDFI program impacts, and
up to $300,000 is for administrative expenses to carry out the
direct loan program; and
(7) during fiscal year 2024, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, <<NOTE: Termination
date. 12 USC 4713a note.>> That such section 114A shall remain
in effect until December 31, 2025: Provided further, That of
the funds awarded under this heading, except those provided for
the Economic Mobility Corps, not less than 10 percent shall be
used for awards that support investments that serve populations
living in persistent poverty counties: Provided
further, <<NOTE: Definition. Puerto Rico. Time periods.>> That
for the purposes of this paragraph and paragraph (1), the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the 2016-2020 5-year data series available from the American
Community Survey of the Bureau of the Census or any other
territory or possession of the United States that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000 and 2010 Island
Areas Decennial Censuses, or equivalent data, of the Bureau of
the Census.
[[Page 138 STAT. 526]]
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,780,606,000, of which not to exceed $100,000,000 shall
remain available until September 30, 2025, of which not less than
$12,000,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $28,000,000, to remain available until September 30,
2025, shall be available for low-income taxpayer clinic grants,
including grants to individual clinics of up to $200,000, of which not
less than $41,000,000, to remain available until September 30, 2025,
shall be available for the Community Volunteer Income Tax Assistance
Matching Grants Program for tax return preparation assistance, and of
which not less than $271,200,000 shall be available for operating
expenses of the Taxpayer Advocate Service: Provided, That of the
amounts made available for the Taxpayer Advocate Service, not less than
$7,000,000 shall be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase and hire passenger motor
vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,437,622,000; of which not to exceed $250,000,000 shall
remain available until September 30, 2025; of which not less than
$60,257,000 shall be for the Interagency Crime and Drug Enforcement
program; and of which not to exceed $25,000,000 shall be for
investigative technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition to amounts
made available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses to operate the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research and
statistics of income; telecommunications; information technology
development, enhancement, operations, maintenance and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2025; of which not to exceed
$10,000,000 shall remain
[[Page 138 STAT. 527]]
available until expended for acquisition of equipment and construction,
repair and renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2026, for research; and of
which not to exceed $20,000 shall be for official reception and
representation expenses:
Provided, <<NOTE: Reports. Summaries. Strategies. 26 USC 7801
note.>> That not later than 30 days after the end of each quarter, the
Internal Revenue Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate and the
Comptroller General of the United States detailing major information
technology investments in the Internal Revenue Service portfolio,
including detailed, plain language summaries on the status of plans,
costs, and results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year; risks and
mitigation strategies associated with ongoing work; reasons for any cost
or schedule variances; and total expenditures by fiscal year: Provided
further, <<NOTE: Summary.>> That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2025, a summary of
cost and schedule performance information for its major information
technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. <<NOTE: Advance approvals.>> Not to exceed 5 percent of an
appropriation in this Act made available to the Internal Revenue Service
may be transferred to any other Internal Revenue Service appropriation
upon the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That,
notwithstanding the preceding proviso, no funds may be transferred into
the appropriation under the heading ``Enforcement''.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. <<NOTE: Policies. Procedures. Confidentiality. Identify
theft.>> The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. <<NOTE: Notice.>> The Internal Revenue Service shall issue
a notice of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent to both
the employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. <<NOTE: Targeting.>> None of the funds made available
under this Act may be used by the Internal Revenue Service to target
citizens
[[Page 138 STAT. 528]]
of the United States for exercising any right guaranteed under the First
Amendment to the Constitution of the United States.
Sec. 107. <<NOTE: Targeting.>> None of the funds made available in
this Act may be used by the Internal Revenue Service to target groups
for regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the Treasury
Inspector General for Tax Administration entitled ``Review of the August
2010 Small Business/Self-Employed Division's Conference in Anaheim,
California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. The Secretary of the Treasury (or the Secretary's
delegate) may use the funds made available in this Act, subject to such
policies as the Secretary (or the Secretary's delegate) may establish,
to utilize direct hire authority to recruit and appoint qualified
applicants, without regard to any notice or preference requirements,
directly to positions in the competitive service to process backlogged
tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United States
Code, funds appropriated to the Internal Revenue Service in this Act may
be used to provide passenger carrier transportation and protection
between the Commissioner of Internal Revenue's residence and place of
employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. <<NOTE: Contracts.>> Appropriations to the Department of
the Treasury in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor vehicles
operated in foreign countries; purchase of motor vehicles without regard
to the general purchase price limitations for vehicles purchased and
used overseas for the current fiscal year; entering into contracts with
the Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign countries;
and services authorized by 5 U.S.C. 3109.
Sec. 114. <<NOTE: Advance approvals.>> Not to exceed 2 percent of
any appropriations in this title made available under the headings
``Departmental
[[Page 138 STAT. 529]]
Offices--Salaries and Expenses'', ``Office of Inspector General'',
``Financial Crimes Enforcement Network'', ``Bureau of the Fiscal
Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' or for the
Special Inspector General for Pandemic Recovery may be transferred
between such appropriations upon the advance approval of the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent: Provided further, That,
notwithstanding the preceding proviso, under this section not more than
$1,000,000 may be transferred to the Special Inspector General for
Pandemic Recovery.
Sec. 115. <<NOTE: Advance approvals.>> Not to exceed 2 percent of
any appropriation made available in this Act to the Internal Revenue
Service may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds from the
``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, <<NOTE: Reimbursement.>> That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received in
the Debt Collection Fund.
Sec. 118. <<NOTE: Approval requirement.>> None of the funds
appropriated or otherwise made available by this or any other Act may be
used by the United States Mint to construct or operate any museum
without the explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
Sec. 119. <<NOTE: Approval requirement.>> None of the funds
appropriated or otherwise made available by this or any other Act or
source to the Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or collectively, may
be used to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit approval of
the House Committee on Financial Services; the Senate Committee on
Banking, Housing, and Urban Affairs; and the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2024 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2024.
Sec. 121. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 122. <<NOTE: Plan. Deadline.>> The Secretary of the Treasury
shall submit a Capital Investment Plan to the Committees on
Appropriations of the House
[[Page 138 STAT. 530]]
of Representatives and the Senate not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 123. <<NOTE: Nonprofit organizations.>> During fiscal year
2024--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) <<NOTE: Determinations. Applicability.>> the standard
and definitions as in effect on January 1, 2010, which are used
to make such determinations shall apply after the date of the
enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on,
before, or after such date.
Sec. 124. <<NOTE: Reports.>> Within 45 days after the date of
enactment of this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the House of
Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged for each
service provided by the Franchise Fund to each office, a detailed
description of the services, a detailed explanation of how each charge
for each service is calculated, and a description of the role customers
have in governing in the Franchise Fund.
Sec. 125. <<NOTE: Reports.>> (a) Not later than 60 days after the
end of each quarter, the Office of Financial Research shall submit
reports on their activities to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Financial
Services of the House of Representatives, and the Senate Committee on
Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) <<NOTE: Estimate.>> the estimated obligations for the
remainder of the fiscal year by object class, office, and
activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) <<NOTE: Estimate.>> the estimated number of full-time
equivalents within each office for the remainder of the fiscal
year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) <<NOTE: Testimony.>> At the request of any such Committees
specified in subsection (a), the Office of Financial Research shall make
officials available to testify on the contents of the reports required
under subsection (a).
[[Page 138 STAT. 531]]
Sec. 126. In addition to amounts otherwise available, there is
appropriated to the Special Inspector General for Pandemic Recovery,
$11,880,000, to remain available until expended, for necessary expenses
in carrying out section 4018 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136).
Sec. 127. <<NOTE: Advance approval.>> Not to exceed 5 percent of any
appropriation made available in this Act for the Department of the
Treasury may be transferred to the Department's information technology
system modernization and working capital fund (IT WCF), as authorized by
section 1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), for the
purposes specified in section 1077(b)(3) of such Act, upon the prior
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2027.
Sec. 128. Amounts returned to the Secretary of the Treasury
pursuant to section 603(b)(2)(C)(iv) of the Social Security Act may be
transferred to and merged with the appropriation for ``Department of the
Treasury--Cybersecurity Enhancement Account''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2024''.
TITLE <<NOTE: Executive Office of the President Appropriations Act,
2024.>> II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $78,904,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $15,453,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence
[[Page 138 STAT. 532]]
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law, such
amount for reimbursable operating expenses shall be the exclusive
authority of the Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That <<NOTE: Requirement. Advance payment.>> the Executive Residence
shall require each person sponsoring a reimbursable political event to
pay in advance an amount equal to the estimated cost of the event, and
all such advance payments shall be credited to this account and remain
available until expended: Provided further, <<NOTE: Requirement.>> That
the Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, <<NOTE: Notice. Deadlines.>> That the
Executive Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after such
expense is incurred, and that such amount is collected within 30 days
after the submission of such notice: Provided
further, <<NOTE: Penalties. Deadline.>> That the Executive Residence
shall charge interest and assess penalties and other charges on any such
amount that is not reimbursed within such 30 days, in accordance with
the interest and penalty provisions applicable to an outstanding debt on
a United States Government claim under 31 U.S.C. 3717: Provided
further, That each such amount that is reimbursed, and any accompanying
interest and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, <<NOTE: Reports.>> That the
Executive Residence shall prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate, by not
later than 90 days after the end of the fiscal year covered by this Act,
a report setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that consists of
reimbursable official and ceremonial events, the amount of such total
that consists of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the report:
Provided further, That <<NOTE: Records.>> the Executive Residence shall
maintain a system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical:
Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable requirement
of subchapter I or II of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,475,000, to
remain available until expended, for required maintenance, resolution of
safety and health issues, and continued preventative maintenance.
[[Page 138 STAT. 533]]
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,854,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $19,000,000, of which not to exceed $10,000 shall be available for
official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $114,308,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President: Provided, That of the amounts provided under this
heading, up to $7,000,000 shall be available for a program to provide
payments (such as stipends, subsistence allowances, cost reimbursements,
or awards) to students, recent graduates, and veterans recently
discharged from active duty who are performing voluntary services in the
Executive Office of the President under section 3111(b) of title 5,
United States Code, or comparable authority and shall be in addition to
amounts otherwise available to pay or compensate such individuals:
Provided further, That such payments shall not be considered
compensation for purposes of such section 3111(b) and may be paid in
advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
United States Code, and to prepare and submit the budget of the United
States Government, in accordance with section 1105(a) of title 31,
United States Code, $129,000,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and
[[Page 138 STAT. 534]]
Budget, before the Committees on Appropriations or their subcommittees:
Provided further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the altering of
the annual work plan developed by the Corps of Engineers for submission
to the Committees on Appropriations: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for evaluating or
determining if water resource project or study reports submitted by the
Chief of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process: Provided
further, That <<NOTE: Deadline. Policy reviews.>> the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided
further, <<NOTE: Notifications.>> That the Director of the Office of
Management and Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated: Provided
further, <<NOTE: Reports.>> That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating committees
within 15 days after the end of the Office of Management and Budget
review period based on the notification from the Director, Congress
shall assume Office of Management and Budget concurrence with the report
and act accordingly: Provided further, That <<NOTE: Deadline. Public
information. Web posting. List.>> no later than 14 days after the
submission of the budget of the United States Government for fiscal year
2025, the Director of the Office of Management and Budget shall make
publicly available on a website a tabular list for each agency that
submits budget justification materials (as defined in section 3 of the
Federal Funding Accountability and Transparency Act of 2006) that shall
include, at minimum, the name of the agency, the date on which the
budget justification materials of the agency were submitted to Congress,
and a uniform resource locator where the budget justification materials
are published on the website of the agency: Provided further, That
amounts appropriated under this heading shall be available for the
liquidation of valid obligations incurred for fiscal year 2017, as
authorized by law, in excess of amounts that were available for
obligation during such fiscal year.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008 (Public
Law 110-403), including services authorized by 5 U.S.C. 3109,
$1,883,000.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber Director,
as authorized by section 1752 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), $21,707,000, of which not to exceed $5,000 shall be available for
official reception and representation expenses.
[[Page 138 STAT. 535]]
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended; not to exceed
$10,000 for official reception and representation expenses; and for
participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $21,785,000:
Provided, That the Office is authorized to accept, hold, administer, and
utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For <<NOTE: Deadline.>> necessary expenses of the Office of National
Drug Control Policy's High Intensity Drug Trafficking Areas Program,
$298,579,000, to remain available until September 30, 2025, for drug
control activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act:
Provided, <<NOTE: Determination.>> That up to 49 percent may be
transferred to Federal agencies and departments in amounts determined by
the Director of the Office of National Drug Control Policy, of which up
to $4,000,000 may be used for auditing services and associated
activities and $2,000,000 shall be for the Grants Management System for
use by the Office of National Drug Control Policy: Provided further,
That any unexpended funds obligated prior to fiscal year 2022 may be
used for any other approved activities of that HIDTA, subject to
reprogramming requirements: Provided
further, <<NOTE: Submission.>> That each HIDTA designated as of
September 30, 2023, shall be funded at not less than the fiscal year
2023 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided
further, <<NOTE: Notifications. Deadlines. Determination.>> That the
Director shall notify the Committees on Appropriations of the House of
Representatives and the Senate of the initial allocation of fiscal year
2024 funding among HIDTAs not later than 45 days after enactment of this
Act, and shall notify the Committees of planned uses of discretionary
HIDTA funding, as determined in consultation with the HIDTA Directors,
not later than 90 days after enactment of this Act: Provided further,
That upon a <<NOTE: Determination. Notifications.>> determination that
all or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, such amounts may be transferred back to this appropriation.
[[Page 138 STAT. 536]]
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $136,150,000, to remain
available until expended, which shall be available as follows:
$109,000,000 for the Drug-Free Communities Program, of which not more
than $12,780,000 is for administrative expenses, and of which $2,500,000
shall be made available as directed by section 4 of Public Law 107-82,
as amended by section 8204 of Public Law 115-271; $3,000,000 for drug
court training and technical assistance; $14,000,000 for anti-doping
activities; up to $3,700,000 for the United States membership dues to
the World Anti-Doping Agency; $1,250,000 for the Model Acts Program; and
$5,200,000 for activities authorized by section 103 of Public Law 114-
198: Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities: Provided further, <<NOTE: Time period. Spending
plan.>> That the Director of the Office of National Drug Control Policy
shall, not fewer than 30 days prior to obligating funds under this
heading for United States membership dues to the World Anti-Doping
Agency, submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan and explanation of the
proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $990,000, to remain available until
September 30, 2025.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient,
secure, and effective uses of information technology in the Federal
Government, $8,000,000, to remain available until expended: Provided,
That the Director of the Office of Management and Budget may transfer
these funds to one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $6,015,000.
[[Page 138 STAT. 537]]
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $318,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. <<NOTE: Advance approvals.>> From funds made available in
this Act under the headings ``The White House'', ``Executive Residence
at the White House'', ``White House Repair and Restoration'', ``Council
of Economic Advisers'', ``National Security Council and Homeland
Security Council'', ``Office of Administration'', ``Special Assistance
to the President'', and ``Official Residence of the Vice President'',
the Director of the Office of Management and Budget (or such other
officer as the President may designate in writing) may, with advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10 percent of any
such appropriation to any other such appropriation, to be merged with
and available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, <<NOTE: Approval requirement.>> That no
amount shall be transferred from ``Special Assistance to the President''
or ``Official Residence of the Vice President'' without the approval of
the Vice President.
Sec. 202. <<NOTE: Budget statement. Cost estimates.>> (a) During
fiscal year 2024, any Executive order or Presidential memorandum issued
or revoked by the President shall be accompanied by a written statement
from the Director of the Office of Management and Budget on the
budgetary impact, including costs, benefits, and revenues, of such order
or memorandum.
(b) <<NOTE: Time period.>> Any such statement shall include--
(1) <<NOTE: Summary.>> a narrative summary of the budgetary
impact of such order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2024; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2024.
(c) <<NOTE: Deadline.>> If an Executive order or Presidential
memorandum is issued during fiscal year 2024 due to a national
emergency, the Director of the Office of Management and Budget may issue
the statement
[[Page 138 STAT. 538]]
required by subsection (a) not later than 15 days after the date that
such order or memorandum is issued.
(d) <<NOTE: Applicability.>> The requirement for cost estimates for
Presidential memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of $100,000,000.
Sec. 203. <<NOTE: Deadline. Memorandum. Compliance.>> Not later than
30 days after the date of enactment of this Act, the Director of the
Office of Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance with the
provisions in title VII of this Act.
Sec. 204. For an additional amount for ``Office of National Drug
Control Policy, Salaries and Expenses'', $13,045,000, which shall be for
initiatives in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Executive
Office of the President and Funds Appropriated to the President'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of the funds
made available by this section may be transferred for any other purpose.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2024''.
TITLE <<NOTE: Judiciary Appropriations Act, 2024.>> III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase and hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be expended
as the Chief Justice may approve, $129,323,000, of which $1,500,000
shall remain available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112 under the direction of the Chief Justice,
$20,688,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $36,735,000.
[[Page 138 STAT. 539]]
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $21,260,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,995,055,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$9,975,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and
[[Page 138 STAT. 540]]
reimbursement of travel expenses of guardians ad litem appointed under
18 U.S.C. 4100(b); and for necessary training and general administrative
expenses, $1,450,680,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court or Administrative Office of the
United States Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court or Administrative
Office of the United States Courts operations, building ingress-egress
control, inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the Federal
Protective Service, and other similar activities as authorized by
section 1010 of the Judicial Improvement and Access to Justice Act
(Public Law 100-702), $750,163,000, of which not to exceed $20,000,000
shall remain available until expended, to be expended directly or
transferred to the United States Marshals Service, which shall be
responsible for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the Attorney
General: Provided, That funds made available under this heading may be
used for managing a Judiciary-wide program to facilitate security and
emergency management services among the Judiciary, United States
Marshals Service, Federal Protective Service, General Services
Administration, other Federal agencies, state and local governments and
the public; and for purposes authorized by the Daniel Anderl Judicial
Security and Privacy Act of 2022 (Public Law 117-263, division C, title
LIX, subtitle D) and 28 U.S.C. 604(a)(24).
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $102,673,000, of which not
[[Page 138 STAT. 541]]
to exceed $8,500 is authorized for official reception and representation
expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $34,261,000; of which $1,800,000 shall remain
available through September 30, 2025, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $21,641,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. <<NOTE: Applicability.>> Section 3315(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program,
[[Page 138 STAT. 542]]
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). <<NOTE: Reimbursement.>> For building-specific
security services at these courthouses, the Director of the
Administrative Office of the United States Courts shall reimburse the
United States Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``32 years and 6 months'' and inserting
``33 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``29 years and 6 months'' and inserting
``30 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``30 years and 6 months'' and
inserting ``31 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``21 years'' and
inserting ``22 years'';
(2) in the second sentence (relating to the central District
of California), by striking ``20 years and 6 months'' and
inserting ``21 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``19 years'' and inserting ``20
years''.
Sec. 307. Section 3006A(d)(1) of title 18, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (1), by inserting ``, or the
attorney's law firm,'' after ``appointed pursuant to
this section'';
(B) in paragraph (2), by inserting ``, or the
attorney's law firm,'' after ``paid to an attorney''
each place it appears;
(C) in paragraph (5), by inserting ``, or the
attorney's law firm'' after ``paid to the attorney'';
and
(2) in subsection (f), by inserting ``, or the attorney's
law firm'' after ``paid to the appointed attorney''.
This title may be cited as the ``Judiciary Appropriations Act,
2024''.
TITLE <<NOTE: District of Columbia Appropriations Act, 2024.>> IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident
[[Page 138 STAT. 543]]
tuition support, $40,000,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon, may
be used on behalf of eligible District of Columbia residents to pay an
amount based upon the difference between in-State and out-of-State
tuition at public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be prioritized on
the basis of a resident's academic merit, the income and need of
eligible students and such other factors as may be authorized: Provided
further, <<NOTE: Account.>> That the District of Columbia government
shall maintain a dedicated account for the Resident Tuition Support
Program that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any unobligated
balances from prior fiscal years, and any interest earned in this or any
fiscal year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer, who shall
use those funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, <<NOTE: Reports.>> That the
Office of the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations for these funds
showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$30,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
including the transfer and hire of motor vehicles, $292,068,000 to be
allocated as follows: for the District of Columbia Court of Appeals,
$15,055,000, of which not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the District of
Columbia, $141,973,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of Columbia
Court System, $88,290,000, of which not to exceed $2,500 is for official
reception and representation expenses; and $46,750,000, to remain
available until September 30, 2025, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities condition
assessment: Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of Columbia
bar admissions may be retained and credited to this
[[Page 138 STAT. 544]]
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section 450 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.50): Provided further, <<NOTE: Apportionment. Time period.>> That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, <<NOTE: Time period. Notice. Reallocation.>> That 30
days after providing written notice to the Committees on Appropriations
of the House of Representatives and the Senate, the District of Columbia
Courts may reallocate not more than $9,000,000 of the funds provided
under this heading among the items and entities funded under this
heading: Provided further, That <<NOTE: Regulations.>> the Joint
Committee on Judicial Administration in the District of Columbia may, by
regulation, establish a program substantially similar to the program set
forth in subchapter II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain available
until expended: Provided, That funds provided under this heading shall
be administered by the Joint Committee on Judicial Administration in the
District of Columbia: <<NOTE: Apportionment. Time period.>> Provided
further, That, notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies: Provided further,
That of the unobligated balances from prior year appropriations made
available under this heading, $25,000,000 are hereby rescinded not later
than September 30, 2024.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$286,016,000, of which not to exceed $2,000 is for official
[[Page 138 STAT. 545]]
reception and representation expenses related to Community Supervision
and Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the implementation of
the Court Services and Offender Supervision Agency Interstate
Supervision Act of 2002: Provided, That, of the funds appropriated
under this heading, $200,034,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include expenses
relating to the supervision of adults subject to protection orders or
the provision of services for or related to such persons, of which
$4,253,000 shall remain available until September 30, 2026, for costs
associated with the relocation under replacement leases for headquarters
offices, field offices and related facilities: Provided further, That,
of the funds appropriated under this heading, $85,982,000 shall be
available to the Pretrial Services Agency, of which $2,503,000 shall
remain available until September 30, 2026, for costs associated with
relocation under a replacement lease for headquarters offices, field
offices, and related facilities: Provided
further, <<NOTE: Apportionment. Time period.>> That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further, That
amounts under this heading may be used for programmatic incentives for
defendants to successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $53,629,000, of which $3,000,000 shall remain
available until September 30, 2026, for costs associated with relocation
under a replacement lease for headquarters offices, field offices, and
related facilities: <<NOTE: Apportionment. Time period.>> Provided,
That notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies: Provided
further, That the District of Columbia Public Defender Service may
establish for employees of the District of Columbia Public Defender
Service a program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code, except that
the maximum amount of the payment made under the program to any
individual may not exceed the amount referred to in section
3523(b)(3)(B) of title 5, United States Code: Provided further, That
for the purposes of engaging with, and receiving services from, Federal
Franchise Fund Programs established in accordance with section 403 of
the Government Management Reform Act of 1994, as amended, the District
of Columbia Public Defender Service shall be considered an agency of the
United States Government: Provided further, <<NOTE: Contracts.>> That
the District of Columbia Public Defender Service may enter into
contracts for the procurement of severable services and multiyear
contracts for the acquisition of property and services to the same
extent
[[Page 138 STAT. 546]]
and under the same conditions as an executive agency under sections 3902
and 3903 of title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,450,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2025,
to the Commission on Judicial Disabilities and Tenure, $330,000, and for
the Judicial Nomination Commission, $300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10):
Provided, <<NOTE: Scholarships.>> That, to the extent that funds are
available for opportunity scholarships and following the priorities
included in section 3006 of such Act, the Secretary of Education shall
make scholarships available to students eligible under section 3013(3)
of such Act (Public Law 112-10; 125 Stat. 211) including students who
were not offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships, up to $1,750,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be
for the activities specified in section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$600,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
[[Page 138 STAT. 547]]
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2024 Local Budget Act of 2023 (D.C. Law 25-47) and at the rates set
forth in such Act, as amended as of the date of enactment of this Act:
Provided, That notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2024 under this
heading shall not exceed the estimates included in the Fiscal Year 2024
Local Budget Act of 2023, as amended as of the date of enactment of this
Act or the sum of the total revenues of the District of Columbia for
such fiscal year: Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, <<NOTE: Compliance.>> That such increases shall be approved by
enactment of local District law and shall comply with all reserve
requirements contained in the District of Columbia Home Rule Act:
Provided further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure that the
District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2024, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
This title may be cited as the ``District of Columbia Appropriations
Act, 2024''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,430,000, to remain
available until September 30, 2025, of which not to exceed $1,000 is for
official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and
[[Page 138 STAT. 548]]
not to exceed $4,000 for official reception and representation expenses,
$150,975,000, of which $2,000,000 shall remain available until expended,
to carry out the program, including administrative costs, authorized by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act
(Public Law 110-140, as amended), and of which $2,000,000 shall remain
available until expended, to carry out the program, including
administrative costs, authorized by section 204 of the Nicholas and
Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022
(title II of division Q of Public Law 117-103).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2024, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the Consumer
Product Safety Commission in the Federal Register on November 19, 2014
(79 Fed. Reg. 68964) until after--
(1) <<NOTE: Study. Determination.>> the National Academy of
Sciences, in consultation with the National Highway Traffic
Safety Administration and the Department of Defense, completes a
study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements were
adopted; and
(2) <<NOTE: Reports.>> a report containing the results of
the study completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 502. <<NOTE: Gas stoves.>> None of the funds provided may be
used to promulgate, implement, administer, or enforce any regulation
issued by the U.S. Consumer Product Safety Commission to ban gas stoves
as a class of products.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $27,720,000, of which $1,250,000
[[Page 138 STAT. 549]]
shall be made available to the National Institute of Standards and
Technology for election reform activities authorized under the Help
America Vote Act of 2002.
election <<NOTE: State and local governments.>> security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of
2002 (52 U.S.C. 20904(c)(2)(B)), $55,000,000, to be paid from the
unobligated balances from amounts in the fund established by section
9006(a) of title 26, United States Code, is provided to the Election
Assistance Commission for necessary expenses to make payments to States
for activities to improve the administration of elections for Federal
office, including to enhance election technology and make election
security improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, <<NOTE: Northern Mariana Islands.>> That for
purposes of applying such sections, the Commonwealth of the Northern
Mariana Islands shall be deemed to be a State and, for purposes of
sections 101(d)(2) and 103(a) shall be treated in the same manner as the
Commonwealth of Puerto Rico, Guam, American Samoa, and the United States
Virgin Islands: Provided further, That each reference to the
``Administrator of General Services'' or the ``Administrator'' in
sections 101 and 103 shall be deemed to refer to the ``Election
Assistance Commission'': Provided further, That each reference to
``$5,000,000'' in section 103 shall be deemed to refer to ``$1,000,000''
and each reference to ``$1,000,000'' in section 103 shall be deemed to
refer to ``$200,000'': <<NOTE: Deadline.>> Provided further, That not
later than two years after receiving a payment under this heading, a
State shall make available funds for such activities in an amount equal
to 20 percent of the total amount of the payment made to the State under
this heading: Provided further, That <<NOTE: Deadline. Payments.>> not
later than 45 days after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under this
heading: Provided further, <<NOTE: Reports.>> That States shall submit
quarterly financial reports and annual progress reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $390,192,000, to remain available until expended: Provided, That
$390,192,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further,
That <<NOTE: Reduction.>> the sum herein appropriated shall be reduced
as such offsetting collections are received during fiscal year 2024 so
as to result in a final fiscal year 2024 appropriation estimated at $0:
Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds
from the use of a competitive bidding system that may be retained and
made available for obligation shall not exceed $136,167,000 for fiscal
year 2024: Provided further, That, of the amount appropriated under
this heading, not less than
[[Page 138 STAT. 550]]
$12,131,000 shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 136 Stat. 4680.>> is amended by
striking ``December 31, 2023'' each place it appears and inserting
``December 31, 2024''.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004, recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out chapter 4 of title 5, United States Code, $47,500,000, to
be derived from the Deposit Insurance Fund or, only when appropriate,
the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $80,857,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of conference
rooms in the District of Columbia and elsewhere, $29,500,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
[[Page 138 STAT. 551]]
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $425,700,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $278,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $14,000,000 in offsetting collections derived from fees to
implement and enforce the Telemarketing Sales Rule, promulgated under
the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C.
6101 et seq.), shall be credited to this account, and be retained and
used for necessary expenses in this appropriation: Provided
further, <<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 no more than
$133,700,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts <<NOTE: Advance approvals.>> in the Fund, including revenues
and collections deposited into the Fund, shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation, and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings, including grounds, approaches,
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
[[Page 138 STAT. 552]]
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$9,470,022,000, of which--
(1) $259,692,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services), in
addition to amounts otherwise provided for such purposes, as
follows:
Maryland:
Baltimore, Edward A. Garmatz U.S. Courthouse, $1,500,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolidation,
$200,000,000;
Puerto Rico:
Clemente Ruiz-Nazario, U.S. Courthouse and Federico Degetau
Federal Building, $28,290,000;
Tennessee:
Chattanooga, U.S. Courthouse, $20,902,000; and
Washington:
Seattle, Design of Replacement Facility, $9,000,000:
Provided, That each of the foregoing limits of costs on
construction and acquisition may be exceeded to the extent that
savings are effected in other such projects, but not to exceed
20 percent of the amounts included in a transmitted prospectus,
if required, unless advance approval is obtained from the
Committees on Appropriations of the House of Representatives and
the Senate of a greater amount;
(2) $599,848,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise provided
for such purposes, of which--
(A) $211,515,000 is for Major Repairs and
Alterations as follows:
Kentucky:
Paducah, Federal Building and U.S. Courthouse, $40,479,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and
U.S. Post Office and Courthouse, $65,926,000;
Virginia:
Walter E. Hoffman U.S. Courthouse, $2,756,000;
Washington:
Tacoma, Tacoma Union Station, $79,256,000; and
West Virginia:
Martinsburg, IRS Enterprise Computing Center, $23,098,000:
(B) $376,333,000 is for Basic Repairs and
Alterations; and
(C) $12,000,000 is for Special Emphasis Programs as
follows:
Fire Protection and Life Safety Program, $5,000,000;
Consolidation Activities Program, $4,000,000;
Judiciary Capital Security Program, $3,000,000;
[[Page 138 STAT. 553]]
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 20
percent unless advance approval is obtained from the Committees
on Appropriations of the House of Representatives and the Senate
of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from
the Committees on Appropriations of the House of Representatives
and the Senate: Provided further, <<NOTE: Compliance.>> That
the amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming guidelines
of the appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the
heading ``Repairs and Alterations'', may be transferred to
``Basic Repairs and Alterations'' or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for ``Basic Repairs and
Alterations'' may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects;
(3) $5,659,298,000 for rental of space to remain available
until expended; and
(4) $2,951,184,000 for building operations to remain
available until expended: Provided, <<NOTE: Proposed
prospectus.>> That the total amount of funds made available from
this Fund to the General Services Administration shall not be
available for expenses of any construction, repair, alteration
and acquisition project for which a prospectus, if required by
40 U.S.C. 3307(a), has not been approved, except that necessary
funds may be expended for each project for required expenses for
the development of a proposed prospectus: Provided further,
That funds available in the Federal Buildings Fund may be
expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the United
States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during
fiscal year 2024, excluding reimbursements under 40 U.S.C.
592(b)(2), in excess of the aggregate new obligational authority
authorized for Real Property Activities of the Federal Buildings
Fund in this Act shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations
Acts.
[[Page 138 STAT. 554]]
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy associated with the management of real and
personal property assets and certain administrative services;
Government-wide policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management, and related
technology activities; and services as authorized by 5 U.S.C. 3109; and
evaluation activities as authorized by statute; $70,474,000, of which
$4,000,000 shall remain available until September 30, 2025.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, and management; and in addition to any other amounts made
available to the General Services Administration for such purposes, the
hire of passenger motor vehicles pursuant to 42 U.S.C. 13211(3) and
supporting infrastructure; $53,933,000, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$10,248,000, of which $2,000,000 shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $73,837,000: Provided, That not
to exceed $1,500,000 shall be available for information technology
enhancements related to providing a modern technology case management
solution: Provided further, That not to exceed $50,000 shall be
available for payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in enhanced
Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C.
3604; and for necessary expenses authorized by law in support of
interagency projects that enable the Federal Government
[[Page 138 STAT. 555]]
to enhance its ability to conduct activities electronically through the
development and implementation of innovative uses of information
technology; $75,000,000, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be transferred to
Federal agencies to carry out the purpose of the Federal Citizen
Services Fund: Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall be
available until expended for necessary expenses authorized by 40 U.S.C.
323 and 44 U.S.C. 3604 and for necessary expenses in support of
interagency projects that enable the Federal Government to enhance its
ability to conduct activities electronically through the development and
implementation of innovative uses of information technology in the
aggregate amount not to exceed $250,000,000: Provided further, That
appropriations, revenues, reimbursements, and collections accruing to
this Fund during fiscal year 2024 in excess of such amount shall remain
in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That, of the total
amount appropriated, up to $5,000,000 shall be available for support
functions and full-time hires to support activities related to the
Administration's requirements under title II of the Foundations for
Evidence-Based Policymaking Act of 2018 (Public Law 115-435): Provided
further, That the transfer authorities provided herein shall be in
addition to any other transfer authority provided in this Act.
pre-election presidential transition
For activities authorized by the Presidential Transition Act of
1963, as amended, not to exceed $10,413,000, to remain available until
September 30, 2025: Provided, <<NOTE: Transfer
authority. Reimbursement. Time periods.>> That such amounts may be
transferred to ``Acquisition Services Fund'' or ``Federal Buildings
Fund'' to reimburse obligations incurred for the purposes provided
herein in fiscal years 2023 and 2024: Provided further, That amounts
made available under this heading shall be in addition to any other
amounts available for such purposes.
working capital fund
For the Working Capital Fund of the General Services Administration,
$4,000,000, to remain available until expended, for necessary costs
incurred by the Administrator to modernize rulemaking systems and to
provide support services for Federal rulemaking agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2024 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, <<NOTE: Advance approval.>> That any
proposed transfers shall be approved in advance by the Committees on
Appropriations of the House of Representatives and the Senate.
[[Page 138 STAT. 556]]
Sec. 522. <<NOTE: Courts. Study.>> Except as otherwise provided in
this title, funds made available by this Act shall be used to transmit a
fiscal year 2025 request for United States Courthouse construction only
if the request: (1) meets the design guide standards for construction as
established and approved by the General Services Administration, the
Judicial Conference of the United States, and the Office of Management
and Budget; (2) reflects the priorities of the Judicial Conference of
the United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 523. <<NOTE: Determination.>> None of the funds provided in
this Act may be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any agency that
does not pay the rate per square foot assessment for space and services
as determined by the General Services Administration in consideration of
the Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. <<NOTE: Notifications.>> From funds made available under
the heading ``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000 arising
from direct construction projects and acquisition of buildings may be
liquidated from savings effected in other construction projects with
prior notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. <<NOTE: Contracts. Determination. Statement.>> In any case
in which the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of
the Senate adopt a resolution granting lease authority pursuant to a
prospectus transmitted to Congress by the Administrator of the General
Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to the
delineated area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the delineated area of
the procurement should not be identical to the delineated area included
in the prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. <<NOTE: Spending plan. Deadline.>> With respect to
projects funded under the heading ``Federal Citizen Services Fund'', the
Administrator of General Services shall submit a spending plan and
explanation for each project to be undertaken to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $2,970,000, to remain
available until expended.
[[Page 138 STAT. 557]]
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $49,135,000, to remain available until
September 30, 2025, and in addition not to exceed $2,345,000, to remain
available until September 30, 2025, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Foundation,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,782,000, to remain available for direct
expenditure until expended, of which, notwithstanding sections 8 and 9
of such Act, up to $1,000,000 shall be available to carry out the
activities authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That all
current and previous amounts transferred to the Office of Inspector
General of the Department of the Interior will remain available until
expended for audits and investigations of the Morris K. Udall and
Stewart L. Udall Foundation, consistent with chapter 4 of title 5,
United States Code, and for annual independent financial audits of the
Morris K. Udall and Stewart L. Udall Foundation pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289):
Provided further, That previous amounts transferred to the Office of
Inspector General of the Department of the Interior may be transferred
to the Morris K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289): Provided further, That
contingent upon the enactment of legislation making interest earned from
investments of the Trust Fund subject to appropriations, any interest
earned during fiscal year 2024 from investments made from discretionary
appropriations to the Morris K. Udall and Stewart L. Udall Trust Fund
after the date provided for in such legislation shall be available until
expended.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and
[[Page 138 STAT. 558]]
Conflict Resolution Act of 1998, $3,904,000, to remain available until
expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $427,250,000, of which $30,000,000 shall remain available
until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and store
Government records, and of which $2,000,000 shall remain available until
expended to make publicly available records related to missing Armed
Forces and civilian personnel.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and chapter 4 of title 5,
United States Code, and for the hire of passenger motor vehicles,
$5,920,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and museum exhibits, related equipment for public spaces, and to provide
adequate storage for holdings, $25,500,000, to remain available until
expended, of which no less than $17,500,000 is for improvements to the
Eisenhower Presidential Library in Abilene, Kansas.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $10,000,000,
to remain available until expended.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'', $38,414,000, which
shall be for initiatives in the amounts and for the projects specified
in the table that appears under the heading ``Administrative
Provisions--National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act):
[[Page 138 STAT. 559]]
Provided, That none of the funds made available by this section may be
transferred for any other purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $3,465,000 shall be
available until September 30, 2025, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to chapter 131 of title 5, United States
Code, the Ethics Reform Act of 1989, and the Representative Louise
McIntosh Slaughter Stop Trading on Congressional Knowledge Act of 2012,
including services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $23,037,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
and payment of per diem and/or subsistence allowances to employees where
Voting Rights Act activities require an employee to remain overnight at
his or her post of duty, $219,076,000: Provided, That of the total
amount made available under this heading, $15,816,000 may remain
available until expended, for information technology modernization and
Trust Fund Federal Financial System migration or modernization, and
shall be in addition to funds otherwise made available for such
purposes: Provided further, That of the total amount made available
under this heading, $1,167,805 may be made available for strengthening
the capacity and capabilities of the acquisition workforce (as defined
by the Office of Federal Procurement Policy Act, as amended (41 U.S.C.
4001 et seq.)), including the recruitment, hiring, training, and
retention of such workforce and information technology in support of
acquisition workforce effectiveness or for management solutions to
improve acquisition management; and in addition $192,975,000 for
administrative expenses, to be transferred from the appropriate trust
funds
[[Page 138 STAT. 560]]
of OPM without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2024, accept donations of money, property, and personal
services: Provided further, That <<NOTE: Donations.>> such donations,
including those from prior years, may be used for the development of
publicity materials to provide information about the White House
Fellows, except that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of employees of
such Commission: Provided further, That not to exceed 5 percent of
amounts made available under this heading may be transferred to an
information technology working capital fund established for purposes
authorized by subtitle G of title X of division A of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40
U.S.C. 11301 note): Provided
further, <<NOTE: Notification. Approval. Time period.>> That the OPM
Director shall notify, and receive approval from, the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer under the preceding proviso:
Provided further, That amounts transferred to such a fund under such
transfer authority from any organizational category of OPM shall not
exceed 5 percent of each such organizational category's budget as
identified in the report required by section 608 of this Act: Provided
further, That amounts transferred to such a fund shall remain available
for obligation through September 30, 2027.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $6,839,000, and in addition, not to exceed $29,192,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C.
[[Page 138 STAT. 561]]
3109, payment of fees and expenses for witnesses, rental of conference
rooms in the District of Columbia and elsewhere, and hire of passenger
motor vehicles, $31,585,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $13,700,000, to
remain available until September 30, 2025.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $3,960,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $2,149,000,000, to remain available until
expended; of which not less than $20,050,000 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement leases for the
Commission's office facilities, not to exceed $39,658,000, to remain
available until expended: Provided, That any unobligated balances from
funds made available under this heading in prior Acts for replacement
leases for the Commission's headquarters and other regional office
facilities may be used for such purposes at any Commission office
facility, notwithstanding provisos in such Acts limiting use to
particular office facilities, and notwithstanding provisos in such Acts
requiring that de-obligated amounts derived from the general fund be
returned to the general fund or that de-obligated amounts derived from
fees or assessments be paid to national securities exchanges and
national securities associations in proportion to any fees or
assessments paid by such national securities exchange or national
securities association.
[[Page 138 STAT. 562]]
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2024, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2024:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $2,149,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account; not to exceed
$39,658,000 of such offsetting collections shall be available until
expended for move, replication, and related costs under this heading
associated with a replacement leases for the Commission's office
facilities: Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2024 shall be reduced
as such offsetting fees are received so as to result in a final total
fiscal year 2024 appropriation from the general fund estimated at not
more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $31,300,000:
Provided, <<NOTE: President.>> That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary in the
interest of national defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $361,235,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the <<NOTE: Fees.>> Administrator is
authorized to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues
received from all such activities shall be credited to this account, to
remain available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2024: Provided
further, That $6,100,000
[[Page 138 STAT. 563]]
shall be available for the Loan Modernization and Accounting System, to
be available until September 30, 2025: Provided further, That
$20,500,000 shall be available for costs associated with the
certification of small business concerns owned and controlled by
veterans or service-disabled veterans under sections 36A and 36 of the
Small Business Act (15 U.S.C. 657f-1; 657f), respectively, and section
862 of Public Law 116-283, to be available until September 30, 2025.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $316,800,000, to remain available until
September 30, 2025: Provided, That $140,000,000 shall be available to
fund grants for performance in fiscal year 2024 or fiscal year 2025 as
authorized by section 21 of the Small Business Act: Provided further,
That $41,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $20,000,000 shall be available for
grants to States to carry out export programs that assist small business
concerns authorized under section 22(l) of the Small Business Act (15
U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
$37,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$10,109,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2024
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 and commitments for loans authorized under
subparagraph (C) of section 502(7) of the Small Business Investment Act
of 1958 (15 U.S.C. 696(7)) shall not exceed, in the aggregate,
$16,500,000,000: Provided further, That during fiscal year 2024
commitments for general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business Act shall not exceed
$35,000,000,000 for a combination of amortizing term loans and the
aggregated maximum line of credit provided by revolving loans: Provided
further, That during fiscal year 2024 commitments to guarantee loans for
debentures under section 303(b) of the Small Business Investment
[[Page 138 STAT. 564]]
Act of 1958 shall not exceed $6,000,000,000: Provided further, That
during fiscal year 2024, guarantees of trust certificates authorized by
section 5(g) of the Small Business Act shall not exceed a principal
amount of $15,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs, $162,000,000, which
may be transferred to and merged with the appropriations for Salaries
and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $175,000,000, to
be available until expended, of which $1,600,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $165,000,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $8,400,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds provided under this heading,
$143,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major disasters
under this heading is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. <<NOTE: Advance approval.>> Not to exceed 3 percent of
any appropriation made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses'' and
``Business Loans Program Account'' may be transferred to the
Administration's information technology system modernization and working
capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of
division A of the National Defense Authorization Act for Fiscal Year
2018, for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts
[[Page 138 STAT. 565]]
transferred to the IT WCF under this section shall remain available for
obligation through September 30, 2027.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $116,541,000, which shall be
for initiatives related to small business development and
entrepreneurship, including programmatic, construction, and acquisition
activities, in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Small
Business Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That, notwithstanding sections 2701.92 and 2701.93 of title
2, Code of Federal Regulations, the Administrator of the Small Business
Administration may permit awards to subrecipients for initiatives funded
under this section: Provided further, That none of the funds made
available by this section may be transferred for any other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $49,750,000:
Provided, <<NOTE: Mail.>> That mail for overseas voting and mail for the
blind shall continue to be free: Provided further, That none of the
funds made available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement agency, or any
individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close small rural
and other small post offices: Provided further, That the Postal Service
may not destroy, and shall continue to offer for sale, any copies of the
Multinational Species Conservation Funds Semipostal Stamp, as authorized
under the Multinational Species Conservation Funds Semipostal Stamp Act
of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
$268,290,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
[[Page 138 STAT. 566]]
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses, $56,727,000, of which
$1,000,000 shall remain available until expended: Provided, That
travel <<NOTE: Certificate.>> expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, except for transfers made pursuant
to the authority in section 3173(d) of title 40, United States Code,
unless expressly so provided herein.
Sec. 603. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. <<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 chapter 83 of title
41, United States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. <<NOTE: Advance approval.>> 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
[[Page 138 STAT. 567]]
be available for obligation or expenditure through a reprogramming of
funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific activity
by the Committee on Appropriations of either the House of
Representatives or the Senate for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates or reorganizes offices, programs, or activities unless prior
approval is received from the Committees on Appropriations of the House
of Representatives and the Senate:
Provided, <<NOTE: Consultation.>> That prior to any significant
reorganization, restructuring, relocation, or closing of offices,
programs, or activities, each agency or entity funded in this Act shall
consult with the Committees on Appropriations of the House of
Representatives and the Senate: Provided
further, <<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 House of
Representatives and the Senate to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided <<NOTE: Applicability.>> further, That at a minimum the report
shall include: (1) a table for each appropriation, detailing both full-
time employee equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a delineation in the
table for each appropriation and its respective prior year enacted level
by object class and program, project, and activity as detailed in this
Act, in the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which shall
apply to all items for which a dollar amount is specified and to all
programs for which new budget authority is provided, as well as to
discretionary grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest: Provided
further, <<NOTE: Penalties.>> That the amount appropriated or limited
for salaries and expenses for an agency shall be reduced by $100,000 per
day for each day after the required date that the report has not been
submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2024 from appropriations made available for salaries and
expenses for fiscal year 2024 in this Act, shall remain available
through September 30, 2025, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. <<NOTE: Background investigation.>> (a) None of the funds
made available in this Act may be used by the Executive Office of the
President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
[[Page 138 STAT. 568]]
(2) <<NOTE: Determination. Tax exemption.>> a determination
with respect to the treatment of an organization as described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code from the
Department of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) <<NOTE: Deadline.>> in the case of an official
background investigation report, if such individual has given
express written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. <<NOTE: Abortion.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. <<NOTE: Contracts. Consultation.>> (a)(1) Notwithstanding
any other provision of law, an Executive agency covered by this Act
otherwise authorized to enter into contracts for either leases or the
construction or alteration of real property for office, meeting,
storage, or other space must
[[Page 138 STAT. 569]]
consult with the General Services Administration before issuing a
solicitation for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into negotiations with
the current lessor.
(2) <<NOTE: President.>> Any such agency with authority to enter
into an emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect to such
agency.
(b) <<NOTE: Definition.>> For purposes of this section, the term
``Executive agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter 84
of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on
the use of funds contained in this Act.
Sec. 619. <<NOTE: Reports. Compliance.>> None of the funds made
available in this Act may be used by the Federal Trade Commission to
complete the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency Working Group
on Food Marketed to Children complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) <<NOTE: Allocation.>> Amounts appropriated for any executive
branch agency funded by this Act that are available for information
technology shall be allocated within the agency, consistent with the
provisions of appropriations Acts and budget guidelines and
recommendations from the Director of the Office of Management and
Budget, in such manner as specified by, or approved by, the Chief
Information
[[Page 138 STAT. 570]]
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
Sec. 621. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 622. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is in
electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the United States.
Sec. 623. <<NOTE: Records.>> No funds provided in this Act shall be
used to deny an Inspector General funded under this Act timely access to
any records, documents, or other materials available to the department
or agency over which that Inspector General has responsibilities under
chapter 4 of title 5, United State Code, or to prevent or impede that
Inspector General's access to such records, documents, or other
materials, under any provision of law, except a provision of law that
expressly refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency covered by
this section shall provide its Inspector General with access to all such
records, documents, and other materials in a timely
manner. <<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 chapter 4 of title 5, United State
Code. <<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. 624. <<NOTE: Communications and telecommun- ications.>> None
of the funds appropriated by this Act may be used by the Federal
Communications Commission to modify, amend, or change the rules or
regulations of the Commission for universal service high-cost support
for competitive eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title
47, Code of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission from
considering, developing, or adopting other support mechanisms as an
alternative to Mobility Fund Phase II: Provided further, That any such
alternative mechanism shall maintain existing high-cost support to
competitive eligible telecommunications carriers until support under
such mechanism commences.
Sec. 625. <<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 activities, or other law enforcement- or victim assistance-
related activity.
Sec. 626. <<NOTE: Contracts. Determination.>> None of the funds
appropriated or other-wise made available by this Act may be used to pay
award or incentive fees for contractors whose performance has been
judged to be below
[[Page 138 STAT. 571]]
satisfactory, behind schedule, over budget, or has failed to meet the
basic requirements of a contract, unless the Agency determines that any
such deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are consistent
with section 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. <<NOTE: Conference
attendees. Determinations. Notifications.>> (a) None of the funds made
available under this Act may be used to pay for travel and conference
activities that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of more than
$500,000 at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or otherwise made
available for expenses related to enhancements to www.oversight.gov and
to further develop the data analytics capabilities of the Pandemic
Response Accountability Committee to enhance transparency, and to
prevent, detect, and remediate waste, fraud and abuse in Federal
spending, $2,850,000, to remain available until expended, of which
$850,000 is for enhancements to oversight.gov, shall be provided for an
additional amount for such purposes to the Inspectors General Council
Fund established pursuant to section 11(c)(3)(B) of chapter 4 of title
5, United States Code: Provided, That these amounts shall be in
addition to any amounts or any authority available to the Council of the
Inspectors General on Integrity and Efficiency under section 424 of
title 5, United States Code.
Sec. 630. <<NOTE: Notifications.>> None of the funds made available
by this Act may be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management and Budget
Circular A-87 (revised May 10, 2004), unless advance notice of such an
obligation is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 631. <<NOTE: Requirement.>> Federal agencies funded under this
Act shall clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or Internet
postings, that the communication is printed, published, or produced and
disseminated at U.S. taxpayer expense. The funds used by a Federal
agency to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
[[Page 138 STAT. 572]]
Sec. 632. <<NOTE: Requirement.>> When issuing statements, press
releases, requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act, shall
clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 633. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 634. <<NOTE: Reports.>> Not later than 45 days after the last
day of each quarter, each agency funded in this Act shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a quarterly budget report that includes total obligations of the
Agency for that quarter for each appropriation, by the source year of
the appropriation.
Sec. 635. <<NOTE: Deadline.>> Of the unobligated balances available
in the Department of the Treasury, Treasury Forfeiture Fund, established
by section 9703 of title 31, United States Code, $387,500,000 shall be
permanently rescinded not later than September 30, 2024.
Sec. 636. Of the unobligated balances of amounts made available
under section 4010 of the American Rescue Plan Act of 2021 (Public Law
117-2), $10,000,000 are hereby rescinded.
Sec. 637. Of the unobligated balances of amounts made available
under section 4011 of the American Rescue Plan Act of 2021 (Public Law
117-2), $100,000,000 are hereby rescinded.
Sec. 638. <<NOTE: Deadline.>> Of the unobligated balances of
amounts made available under section 3301(a)(2)(A) of the American
Rescue Plan Act of 2021 (Public Law 117-2), $283,000,000 are hereby
rescinded not later than September 30, 2024.
Sec. 639. <<NOTE: Deadline.>> Of the unobligated balances of
amounts made available under section 7402(c)(2)(A) of the American
Rescue Plan Act of 2021 (Public Law 117-2), $1,768,000,000 are hereby
rescinded not later than September 30, 2024.
Sec. 640. Of the unobligated balances of amounts made available
under section 10301(1)(A)(ii) of the Act to provide for reconciliation
pursuant to title II of S. Con. Res.14 (Public Law 117-169, commonly
referred to as the ``Inflation Reduction Act''), $10,200,000,000 are
hereby rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. <<NOTE: Drug-free workplace.>> No department, agency, or
instrumentality of the United States receiving appropriated funds under
this or any other Act for fiscal year 2024 shall obligate or expend any
such funds,
[[Page 138 STAT. 573]]
unless such department, agency, or instrumentality has in place, and
will continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from the illegal use,
possession, or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers and employees
of such department, agency, or instrumentality.
Sec. 702. <<NOTE: 31 USC 1343 note.>> Unless otherwise
specifically provided, the maximum amount allowable during the current
fiscal year in accordance with section 1343(c) of title 31, United
States Code, for the purchase of any passenger motor vehicle (exclusive
of buses, ambulances, vans, law enforcement vehicles, protective
vehicles, undercover surveillance vehicles, and police-type vehicles),
is hereby fixed at $40,000 except station wagons for which the maximum
shall be $41,140: Provided, That these limits may be exceeded by not to
exceed $7,775 for police-type vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more than 5
percent for electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further, That the
limits set forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles:
Provided further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which operates on
alternative fuel, including but not limited to electric, plug-in hybrid
electric, and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified in
law during the current fiscal year, no part of any appropriation
contained in this or any other Act shall be used to pay the compensation
of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of the
United States; (2) is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent resident and then
a citizen when eligible; or (4) is a person who owes allegiance to the
United States: Provided, <<NOTE: Affidavits. Compliance.>> That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, <<NOTE: Affidavits.>> That for purposes of paragraphs (2) and
(3) such affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, <<NOTE: Penalties.>> That
any person making a false affidavit shall be guilty of a felony, and
upon conviction, shall be fined no more than $4,000 or imprisoned for
not more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
[[Page 138 STAT. 574]]
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided further,
That <<NOTE: Time period.>> this section shall not apply to any person
who is an officer or employee of the Government of the United States on
the date of enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies:
Provided <<NOTE: Time period.>> further, That this section does not
apply to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the Interior or
the USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
(December 8, 2021), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
[[Page 138 STAT. 575]]
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. <<NOTE: Notifications.>> During the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate.
For <<NOTE: Definition.>> the purposes of this section, the term
``office'' shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the individual
or the use of which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. <<NOTE: Certification.>> (a) None of the funds made
available by this or any other Act may be obligated or expended by any
department, agency, or other instrumentality of the Federal Government
to pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title 5,
United States Code, (pursuant to schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations) unless the head of the
applicable department, agency, or other instrumentality employing such
schedule C individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by the
individual was not created solely or primarily in order to detail the
individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
[[Page 138 STAT. 576]]
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. <<NOTE: Propaganda. Lobbying.>> No part of any funds
appropriated in this or any other Act shall be used by an agency of the
executive branch, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act
may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the Committees
on Appropriations of the House of Representatives and the Senate.
Sec. 718. <<NOTE: Propaganda.>> No part of any appropriation
contained in this or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda purposes
within the United States not heretofore authorized by Congress.
Sec. 719. <<NOTE: Definition.>> (a) In this section, the term
``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
[[Page 138 STAT. 577]]
(2) includes a military department, as defined under section
102 of such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. <<NOTE: Reimbursement.>> Notwithstanding 31 U.S.C. 1346
and section 708 of this Act, the head of each Executive department and
agency is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided, That
these funds shall be administered by the Administrator of General
Services to support Government-wide and other multi-agency financial,
information technology, procurement, and other management innovations,
initiatives, and activities, including improving coordination and
reducing duplication, as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate interagency
and multi-agency groups designated by the Director (including the
President's Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council for
information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, the Chief Acquisition Officers
Council for procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided further,
That the total funds transferred or reimbursed shall not exceed
$15,000,000 to improve coordination, reduce duplication, and for other
activities related to Federal Government Priority Goals established by
31 U.S.C. 1120, and not to exceed $17,000,000 for Government-wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General Services
Administration, Government-Wide Policy'' during fiscal year 2024 shall
remain available for obligation through September 30, 2025: Provided
further, That <<NOTE: Deadline. Spend plan.>> not later than 90 days
after enactment of this Act, the Director of the Office of Management
and Budget, in consultation with the Administrator of General Services,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Oversight and
Accountability of the House of Representatives a detailed spend plan for
the funds to be transferred or reimbursed: Provided
further, <<NOTE: Spend plan.>> That the spend plan shall, at a minimum,
include: (i) the amounts currently in the funds authorized under this
section and the estimate of amounts to be transferred or reimbursed in
fiscal year 2024; (ii) a detailed breakdown of the purposes for
[[Page 138 STAT. 578]]
all funds estimated to be transferred or reimbursed pursuant to this
section (including total number of personnel and costs for all staff
whose salaries are provided for by this section); (iii) where
applicable, a description of the funds intended for use by or for the
benefit of each executive council; and (iv) where applicable, a
description of the funds intended for use by or for the implementation
of specific laws passed by Congress: Provided further, <<NOTE: Time
period. Notifications.>> That no transfers or reimbursements may be
made pursuant to this section until 15 days following notification of
the Committees on Appropriations of the House of Representatives and the
Senate by the Director of the Office of Management and Budget.
Sec. 722. <<NOTE: Breastfeeding.>> Notwithstanding any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That <<NOTE: Reports.>> the Office of
Management and Budget shall provide a report describing the budget of
and resources connected with the National Science and Technology Council
to the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Science, Space, and Technology, and
the Senate Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. <<NOTE: Compliance.>> Any request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2, Code of
Federal Regulations: Provided, <<NOTE: Applicability.>> That this
section shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
[[Page 138 STAT. 579]]
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. <<NOTE: Contracts. Drugs and drug
abuse. Contraceptives.>> (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) <<NOTE: Religion.>> Nothing in this section shall apply to a
contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) <<NOTE: Abortion.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 727. <<NOTE: Anti-doping.>> The United States is committed to
ensuring the health of its Olympic, Pan American, and Paralympic
athletes, and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. <<NOTE: Contracts. Advance approval.>> Notwithstanding
any other provision of law, no executive branch agency shall purchase,
construct, or lease any additional facilities, except within or
contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval
of the Committees on Appropriations
[[Page 138 STAT. 580]]
of the House of Representatives and the Senate, except that the Federal
Law Enforcement Training Centers is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Centers facilities.
Sec. 731. <<NOTE: News stories.>> Unless otherwise authorized by
existing law, none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States, unless the
story includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. <<NOTE: Contracts.>> (a) In General.--None of the funds
appropriated or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation under
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
any subsidiary of such an entity.
(b) Waivers.--
(1) <<NOTE: Determination.>> In general.--Any Secretary
shall waive subsection (a) with respect to any Federal
Government contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2024, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an administrative
expense under section 8348(a)(1)(B) of title 5, United States
Code.
Sec. 735. <<NOTE: Contracts.>> (a) None of the funds made available
in this or any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
[[Page 138 STAT. 581]]
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) <<NOTE: Definitions.>> In this section, each of the terms
``contribution'', ``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'', ``election'', and
``Federal office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other Act
may be used to pay for the painting of a portrait of an officer or
employee of the Federal Government, including the President, the Vice
President, a Member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. <<NOTE: 5 USC 5343 note.>> (a)(1) Notwithstanding any
other provision of law, and except as otherwise provided in this
section, no part of any of the funds appropriated for fiscal year 2024,
by this or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2024, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2024, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2024 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2024 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is in
effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) <<NOTE: Determination. Regulations.>> For the purposes of this
subsection, the rates payable to an employee who is covered by this
subsection and who is paid from a schedule not in existence on September
30, 2023, shall be determined under regulations prescribed by the Office
of Personnel Management.
[[Page 138 STAT. 582]]
(4) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this subsection may not be changed from the
rates in effect on September 30, 2023, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this subsection.
(5) <<NOTE: Applicability.>> This subsection shall apply with
respect to pay for service performed after September 30, 2023.
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) <<NOTE: Determination.>> The Office of Personnel Management may
provide for exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to ensure the
recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2024
under sections 5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) <<NOTE: Effective date.>> effective as of the first day
of the first applicable pay period beginning after September 30,
2023.
Sec. 738. <<NOTE: Reports. Contracts.>> (a) The head of any
Executive branch department, agency, board, commission, or office funded
by this or any other appropriations Act shall submit annual reports to
the Inspector General or senior ethics official for any entity without
an Inspector General, regarding the costs and contracting procedures
related to each conference held by any such department, agency, board,
commission, or office during fiscal year 2024 for which the cost to the
United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) <<NOTE: Statement.>> a detailed statement of the costs
to the United States Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
[[Page 138 STAT. 583]]
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
(c) <<NOTE: Deadline. Time period. Notification.>> Within 15 days
after the end of a quarter, the head of any such department, agency,
board, commission, or office shall notify the Inspector General or
senior ethics official for any entity without an Inspector General, of
the date, location, and number of employees attending a conference held
by any Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2024
for which the cost to the United States Government was more than
$20,000.
(d) <<NOTE: Grants. Contracts.>> A grant or contract funded by
amounts appropriated by this or any other appropriations Act may not be
used for the purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce funding
for a program, project, or activity as proposed in the President's
budget request for a fiscal year until such proposed change is
subsequently enacted in an appropriation Act, or unless such change is
made pursuant to the reprogramming or transfer provisions of this or any
other appropriations Act.
Sec. 740. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. <<NOTE: Grants. Contracts. Confidentiality
agreements.>> (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse
[[Page 138 STAT. 584]]
to a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. <<NOTE: Nondisclosure agreements.>> (a) No funds
appropriated in this or any other Act may be used to implement or
enforce the agreements in Standard Forms 312 and 4414 of the Government
or any other nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions: ``These
provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created
by existing statute or Executive order relating to (1) classified
information, (2) communications to Congress, (3) the reporting to an
Inspector General or the Office of Special Counsel of a violation of any
law, rule, or regulation, or mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to public
health or safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and statutory
provisions are incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of this section,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec.
744. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax
liability. Determination.>> None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered
[[Page 138 STAT. 585]]
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec.
745. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
l violations. Time period. Determination.>> None of the funds made
available by this or any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that was
convicted of a felony criminal violation under any Federal law within
the preceding 24 months, where the awarding agency is aware of the
conviction, unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 746. <<NOTE: Notification.>> (a) During fiscal year 2024, on
the date on which a request is made for a transfer of funds in
accordance with section 1017 of Public Law 111-203, the Bureau of
Consumer Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) <<NOTE: Notification. Public information. Web posting.>> Any
notification required by this section shall be made available on the
Bureau's public website.
Sec. 747. <<NOTE: 5 USC 5303 note.>> (a) Notwithstanding any
official rate adjusted under section 104 of title 3, United States Code,
the rate payable to the Vice President during calendar year 2024 shall
be the rate payable to the Vice President on December 31, 2023, by
operation of section 747 of division E of Public Law 117-328.
(b) Notwithstanding any official rate adjusted under section 5318 of
title 5, United States Code, or any other provision of law, the payable
rate during calendar year 2024 for an employee serving in an Executive
Schedule position, or in a position for which the rate of pay is fixed
by statute at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2023, by
operation of section 747 of division E of Public Law 117-328. Such an
employee may not receive a rate increase during calendar year 2024,
except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission or
ambassador at large is subject to subsection (b) in the same manner as
other employees who are paid at an Executive Schedule rate.
(d)(1) <<NOTE: Applicability.>> This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for level
IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United States
Code, an employee described in paragraph (1) may not receive a pay rate
increase during calendar year 2024, except as provided in subsection
(i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality based payments
[[Page 138 STAT. 586]]
under section 5304 of title 5, United States Code, or similar authority)
at or above the official rate for level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate increase
during calendar year 2024, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under section
302(b) of the Foreign Service Act of 1980 (Public Law 96-465) for such
time as that election is in effect.
(i) <<NOTE: Effective date.>> Notwithstanding subsections (b)
through (e), an employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered position
only if that new position has higher-level duties and a pre-established
level or range of pay higher than the level or range for the position
held immediately before the movement. Any such increase must be based on
the rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2023, by operation of section 747 of division E
of Public Law 117-328.
(j) <<NOTE: Effective date.>> Notwithstanding any other provision of
law, for an individual who is newly appointed to a covered position
during the period of time subject to this section, the initial pay rate
shall be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2023, by operation of section 747
of division E of Public Law 117-328.
(k) <<NOTE: Applicability.>> If an employee affected by this section
is subject to a biweekly pay period that begins in calendar year 2024
but ends in calendar year 2025, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) <<NOTE: Definition.>> For the purpose of this section, the term
``covered position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) <<NOTE: Effective date.>> This section takes effect on the first
day of the first applicable pay period beginning on or after January 1,
2024.
Sec. 748. <<NOTE: President. Reports. Statement.>> In the event of
a violation of the Impoundment Control Act of 1974, the President or the
head of the relevant department or agency, as the case may be, shall
report immediately to the Congress all relevant facts and a statement of
actions taken: Provided, <<NOTE: Records.>> That a copy of each report
shall also be transmitted to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller General on
the same date the report is transmitted to the Congress.
Sec. 749. <<NOTE: Notifications. Apportionments.>> (a) Each
department or agency of the executive branch of the United States
Government shall notify the Committees on Appropriations and the Budget
of the House of Representatives
[[Page 138 STAT. 587]]
and the Senate and any other appropriate congressional committees if--
(1) an apportionment is not made in the required time period
provided in section 1513(b) of title 31, United States Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such appropriation
or the execution of a program, project, or activity by such
department or agency.
(b) Any notification submitted to a congressional committee pursuant
to this section shall contain information identifying the bureau,
account name, appropriation name, and Treasury Appropriation Fund Symbol
or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds provided in
this or any other appropriations Act for fiscal year 2024 that are
specified in the disclosure table submitted in compliance with clause 9
of rule XXI of the Rules of the House of Representatives or Rule XLIV of
the Standing Rules of the Senate that is included in the report or
explanatory statement accompanying any such Act shall be deemed to be a
recipient of a Federal award with respect to such funds for purposes of
the requirements of 2 CFR 200.334, regarding records retention, and 2
CFR 200.337, regarding access by the Comptroller General of the United
States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or any
existing authority of the Comptroller General.
Sec. 751. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available by this or any
other Act to any Federal agency may be used by that Federal agency for
interagency funding for coordination with, participation in, or
recommendations involving, activities of the U.S. Army Medical Research
and Development Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research programs.
Sec. 752. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Federal Citizen Services Fund'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds, in
addition to amounts otherwise available, shall be administered by the
Administrator of General Services to carry out the purposes of the
Federal Citizen Services Fund and to support Government-wide and other
multi-agency financial, information technology, procurement, and other
activities, including services authorized by 44 U.S.C. 3604 and enabling
Federal agencies to take advantage of information technology in sharing
information: Provided further, That the total funds transferred or
reimbursed shall not exceed $29,000,000 for such purposes: Provided
further, That the funds transferred to or for reimbursement of ``General
Services Administration, Federal Citizen Services Fund'' during
[[Page 138 STAT. 588]]
fiscal year 2024 shall remain available for obligation through September
30, 2025: Provided further, <<NOTE: Deadline. Spend plan.>> That not
later than 90 days after enactment of this Act, the Administrator of
General Services, in consultation with the Director of the Office of
Management and Budget, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed spend plan for
the funds to be transferred or reimbursed: Provided further, That
the <<NOTE: Spend plan.>> spend plan shall, at a minimum, include: (i)
the amounts currently in the funds authorized under this section and the
estimate of amounts to be transferred or reimbursed in fiscal year 2024;
(ii) a detailed breakdown of the purposes for all funds estimated to be
transferred or reimbursed pursuant to this section (including total
number of personnel and costs for all staff whose salaries are provided
for by this section); and (iii) where applicable, a description of the
funds intended for use by or for the implementation of specific laws
passed by Congress: Provided further, <<NOTE: Time
period. Notification.>> That no transfers or reimbursements may be made
pursuant to this section until 15 days following notification of the
Committees on Appropriations of the House of Representatives and the
Senate by the Director of the Office of Management and Budget.
Sec. 753. If, for fiscal year 2024, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences with
the Congressional Budget Office, an adjustment to the discretionary
spending limit in such category for fiscal year 2024 shall be made by
the Director of the Office of Management and Budget in the amount of the
excess but the total of all such adjustments shall not exceed 0.2
percent of the sum of the adjusted discretionary spending limits for all
categories for that fiscal year.
Sec. 754. Notwithstanding any other provision of law, the
unobligated balances of funds made available in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) to any
department or agency funded by this or any other Act may be transferred
to the United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with activities and projects funded by Public Law 117-58:
Provided, That such transfers shall support activities and projects
executed by the department or agency making such transfer: Provided
further, That such transfers shall be approved by the head of such
department or agency making such transfer: Provided further,
That <<NOTE: Notification. Deadline.>> each department or agency shall
provide notification to the Committees on Appropriations of the House of
Representatives and the Senate no less than 30 days prior to such
transfer: Provided further, That any such transfers from the Department
of Transportation, including from agencies within the Department of
Transportation, shall be from funding provided for personnel,
contracting, and other costs to administer and oversee grants: Provided
further, That amounts transferred pursuant to this section shall be in
addition to amounts otherwise available for such purposes: Provided
further, That the transfer authority provided in this section shall be
in addition to any other transfer authority provided by law: Provided
further, That amounts transferred pursuant to this section that were
previously designated
[[Page 138 STAT. 589]]
by the Congress as an emergency requirement pursuant to a concurrent
resolution on the Budget are designated as an emergency requirement
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and to
legislation establishing fiscal year 2024 budget enforcement in the
House of Representatives.
Sec. 755. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. <<NOTE: Propaganda. Lobbying.>> None of the Federal funds
provided in this Act shall be used for publicity or propaganda purposes
or implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2024, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) <<NOTE: Advance approval.>> increases by 20 percent or
more personnel assigned to a specific program, project or
responsibility center, unless prior approval is received from
the Committees on Appropriations of the House of Representatives
and the Senate.
(b) <<NOTE: Time period.>> The District of Columbia government is
authorized to approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2024.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District
[[Page 138 STAT. 590]]
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official
duties. <<NOTE: Definition.>> For purposes of this section, the term
``official duties'' does not include travel between the officer's or
employee's residence and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or employee
of the Homeland Security and Emergency Management Agency who
resides in the District of Columbia and is on call 24 hours a
day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. <<NOTE: Voting rights.>> (a) None of the Federal funds
contained in this Act may be used by the District of Columbia Attorney
General or any other officer or entity of the District government to
provide assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress for
the District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807. <<NOTE: Needle distribution.>> None of the Federal funds
contained in this Act may be used to distribute any needle or syringe
for the purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.
Sec. 808. <<NOTE: Contraceptives. Conscience exception.>> Nothing
in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.
Sec. 809. <<NOTE: Penalties. Drugs and drug abuse.>> (a) None of the
Federal funds contained in this Act may be used to enact or carry out
any law, rule, or regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any schedule I
substance under the
[[Page 138 STAT. 591]]
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District
of Columbia government under any authority may be used to enact any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. <<NOTE: Abortion.>> No funds available for obligation or
expenditure by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 811. <<NOTE: Deadline. Operating budget.>> (a) No later than
30 calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating budget in
the format of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42), for all agencies of the
District of Columbia government for fiscal year 2024 that is in the
total amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) <<NOTE: Applicability. Certification.>> This section shall apply
only to an agency for which the Chief Financial Officer for the District
of Columbia certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. <<NOTE: Deadline. Operating budget.>> No later than 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating budget for
the District of Columbia Public Schools that aligns schools budgets to
actual enrollment. The revised appropriated funds budget shall be in the
format of the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
[[Page 138 STAT. 592]]
Sec. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2024 from appropriations of Federal
funds made available for salaries and expenses for fiscal year 2024 in
this Act, shall remain available through September 30, 2025, for each
such account for the purposes authorized: Provided, <<NOTE: Advance
approval.>> That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate for
approval prior to the expenditure of such funds: Provided further,
That <<NOTE: Compliance.>> these requests shall be made in compliance
with reprogramming guidelines outlined in section 803 of this Act.
Sec. 816. <<NOTE: Time period.>> (a)(1) During fiscal year 2025,
during a period in which neither a District of Columbia continuing
resolution or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided for any
project or activity for which local funds are provided in the Act
referred to in paragraph (2) (subject to any modifications enacted by
the District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2025 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion of
the annual budget for the District of Columbia government for fiscal
year 2025 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) <<NOTE: Termination.>> Appropriations made by subsection (a)
shall cease to be available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2025 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2025.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
(d) <<NOTE: Applicability.>> An appropriation made by subsection
(a) shall cover all obligations or expenditures incurred for such
project or activity during the portion of fiscal year 2025 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity during any
period of fiscal year 2025 if any other provision of law (other than an
authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such
period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall be
granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other law.
Sec. 817. <<NOTE: Virginia.>> (a) Section 244 of the Revised
Statutes of the United States relating to the District of Columbia (sec.
9-1201.03, D.C.
[[Page 138 STAT. 593]]
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) <<NOTE: Definition.>> In this section, the term ``Long Bridge
Project'' means the project carried out by the District of Columbia and
the Commonwealth of Virginia to construct a new Long Bridge adjacent to
the existing Long Bridge over the Potomac River, including related
infrastructure and other related projects, to expand commuter and
regional passenger rail service and to provide bike and pedestrian
access crossings over the Potomac River.
Sec. 818. <<NOTE: Time period. Reports.>> Not later than 45 days
after the last day of each quarter, each Federal and District government
agency appropriated Federal funds in this Act shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a quarterly budget report that includes total obligations of the
Agency for that quarter for each Federal funds appropriation provided in
this Act, by the source year of the appropriation.
Sec. 819. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2024''.
DIVISION C <<NOTE: Department of Homeland Security Appropriations Act,
2024.>> --DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $363,582,000, of which
$22,050,000 shall remain available until September 30, 2025:
Provided, <<NOTE: Submission. Time period.>> That $5,000,000 shall be
withheld from obligation until the Secretary submits, to the Committees
on Appropriations of the House of Representatives and the Senate,
responses to all questions for the record for each hearing on the fiscal
year 2025 budget submission for the Department of Homeland Security held
by such Committees prior to July 1: Provided further, That not to
exceed $30,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and improvements,
$8,113,000, to remain available until September 30, 2026.
[[Page 138 STAT. 594]]
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $33,000,000, which shall
be transferred to ``Federal Emergency Management Agency--Federal
Assistance'', of which $18,000,000 shall be for targeted violence and
terrorism prevention grants and of which $15,000,000, to remain
available until September 30, 2025, shall be for the Alternatives to
Detention Case Management pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including vehicle fleet modernization, $1,722,204,000:
Provided, That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $260,433,000, of which
$87,670,000 shall remain available until September 30, 2026, and of
which $172,763,000 shall remain available until September 30, 2028.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations of the Federal Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Homeland Security Situational Awareness for operations
and support, $345,410,000, of which $105,701,000 shall remain available
until September 30, 2025: Provided, That not to exceed $3,825 shall be
for official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $220,127,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
[[Page 138 STAT. 595]]
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. <<NOTE: Reports. Grants. Contracts. Time period.>> (a) The
Secretary of Homeland Security shall submit a report not later than
October 15, 2024, to the Inspector General of the Department of Homeland
Security listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2023 or 2024.
(b) <<NOTE: Review. Assessment. Compliance.>> The Inspector General
shall review the report required by subsection (a) to assess
departmental compliance with applicable laws and regulations and report
the results of that review to the Committees on Appropriations of the
House of Representatives and the Senate not later than February 15,
2025.
Sec. 102. <<NOTE: Budget. Reports.>> Not later than 30 days after
the last day of each month, the Chief Financial Officer of the
Department of Homeland Security shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a monthly
budget and staffing report that includes total obligations of the
Department for that month and for the fiscal year at the appropriation
and program, project, and activity levels, by the source year of the
appropriation.
Sec. 103. <<NOTE: Notifications.>> (a) The Secretary of Homeland
Security, in consultation with the Secretary of the Treasury, shall
notify the Committees on Appropriations of the House of Representatives
and the Senate of any proposed transfers of funds available under
section 9705(g)(4)(B) of title 31, United States Code, from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the House of
Representatives and the Senate are notified of the proposed transfer.
Sec. 104. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 105. <<NOTE: Briefing. Deadline. Time period.>> (a) The Under
Secretary for Management shall brief the Committees on Appropriations of
the House of Representatives and the Senate not later than 45 days after
the end of each fiscal quarter on all Level 1 and Level 2 acquisition
programs on the Master Acquisition Oversight list between Acquisition
Decision Event and Full Operational Capability, including programs that
have been removed from such list during the preceding quarter.
(b) For each such program, the briefing described in subsection (a)
shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
[[Page 138 STAT. 596]]
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) <<NOTE: Cost estimate.>> the lifecycle cost estimate,
adjusted for comparison to the Future Years Homeland Security
Program, including--
(A) the confidence level for the estimate;
(B) <<NOTE: Time period.>> the fiscal years included
in the estimate;
(C) <<NOTE: Time period.>> a breakout of the
estimate for the prior five years, the current year, and
the budget year;
(D) a breakout of the estimate by appropriation
account or other funding source; and
(E) a description of and rationale for any changes
to the estimate as compared to the previously approved
baseline, as applicable, and during the prior fiscal
year;
(6) <<NOTE: Summary.>> a summary of the findings of any
independent verification and validation of the items to be
acquired or an explanation for why no such verification and
validation has been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) <<NOTE: List. Contracts.>> a listing of prime
contractors and major subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) <<NOTE: Memorandums. Deadline.>> The Under Secretary for
Management shall submit each approved Acquisition Decision Memorandum
for programs described in this section to the Committees on
Appropriations of the House of Representatives and the Senate not later
than five business days after the date of approval of such memorandum by
the Under Secretary for Management or the designee of the Under
Secretary.
Sec. 106. (a) None of the funds made available to the Department of
Homeland Security in this Act or prior appropriations Acts may be
obligated for any new pilot or demonstration unless the component or
office carrying out such pilot or demonstration has documented the
information described in subsection (c).
(b) <<NOTE: Reports.>> Prior to the obligation of any such funds
made available for ``Operations and Support'' for a new pilot or
demonstration, the Under Secretary for Management shall provide a report
to the Committees on Appropriations of the House of Representatives and
the Senate on the information described in subsection (c).
(c) The information required under subsections (a) and (b) for a
pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) <<NOTE: Assessment. Data.>> an assessment methodology
that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting
such data; and
(C) how such data will be analyzed; and
[[Page 138 STAT. 597]]
(3) <<NOTE: Implementation plan. Cost estimates.>> an
implementation plan, including milestones, cost estimates, and
implementation schedules, including a projected end date.
(d) <<NOTE: Reports.>> Not later than 90 days after the date of
completion of a pilot or demonstration described in subsection (e), the
Under Secretary for Management shall provide a report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing lessons learned, actual costs, any planned expansion or
continuation of the pilot or demonstration, and any planned transition
of such pilot or demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or demonstration
program is a study, demonstration, experimental program, or trial that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates, or
proposes to obligate, $5,000,000 or more, but does not include
congressionally directed programs or enhancements and does not
include programs that were in operation as of the date of the
enactment of this Act.
(f) For the purposes of this section, a pilot or demonstration does
not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of information
technology services or systems, or any pilot or demonstration carried
out by a non-Federal recipient under any financial assistance agreement
funded by the Department.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfers of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
alien minors; the provision of air and marine support to Federal, State,
local, and international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the provision of such
support to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of up to
7,500 (6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $18,426,870,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which
[[Page 138 STAT. 598]]
$500,000,000 shall be available until September 30, 2025; and of which
such sums as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account: Provided, That not to exceed $34,425 shall be for
official reception and representation expenses: Provided further, That
not to exceed $150,000 shall be available for payment for rental space
in connection with preclearance operations: Provided further, That not
to exceed $2,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That $650,000,000 shall be
transferred to ``Federal Emergency Management Agency--Federal
Assistance'' to support sheltering and related activities provided by
non-Federal entities, in support of relieving overcrowding in short-term
holding facilities of U.S. Customs and Border Protection, of which not
to exceed $9,100,000 shall be for the administrative costs of the
Federal Emergency Management Agency: Provided further, That not to
exceed $2,500,000 may be transferred to the Bureau of Indian Affairs for
the maintenance and repair of roads on Native American reservations used
by the U.S. Border Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $850,170,000, of
which $758,056,000 shall remain available until September 30, 2026, and
of which $92,114,000 shall remain available until September 30, 2028.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas vetted
units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $9,501,542,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which $46,696,000
shall remain available until September 30, 2025; of which not less than
$2,000,000 is for paid apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps; of which not less than
$15,000,000 shall be available for investigation of intellectual
property rights violations, including operation of the National
Intellectual Property Rights Coordination Center; and of which not less
than $5,082,218,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied alien minors:
Provided, That not to exceed $41,475 shall be for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081): Provided further, That not to exceed $2,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of
[[Page 138 STAT. 599]]
Homeland Security: Provided further, That not to exceed $11,216,000
shall be available to fund or reimburse other Federal agencies for the
costs associated with the care, maintenance, and repatriation of
smuggled aliens unlawfully present in the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $55,520,000, of which
$35,420,000 shall remain available until September 30, 2026, and of
which $20,100,000 shall remain available until September 30, 2028.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security Administration
for operations and support, $10,164,968,000, of which $600,000,000 shall
remain available until September 30, 2025: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2024 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $6,744,968,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security Administration
for procurement, construction, and improvements, $40,678,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the Transportation Security Administration
for research and development, $14,641,000, to remain available until
September 30, 2025.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and support
including the Coast Guard Reserve; purchase or lease of not to exceed 25
passenger motor vehicles, which shall be for replacement only; purchase
or lease of small boats for contingent and emergent requirements (at a
unit cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase, lease, or
improvements of boats necessary for overseas deployments and activities;
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare; $10,054,771,000, of
[[Page 138 STAT. 600]]
which $530,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); of which $20,000,000 shall remain available
until September 30, 2026; of which $24,717,000 shall remain available
until September 30, 2028, for environmental compliance and restoration;
and of which $100,000,000 shall remain available until September 30,
2025, which shall only be available for vessel depot level maintenance:
Provided, That not to exceed $23,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,413,950,000, to remain available until September 30,
2028; of which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2026, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,147,244,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652 vehicles
for police-type use; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; rental of
buildings in the District of Columbia; fencing, lighting,
[[Page 138 STAT. 601]]
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$3,007,982,000; of which $138,383,000 shall remain available until
September 30, 2025, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $24,000,000 may be for calendar year 2023 premium pay
in excess of the annual equivalent of the limitation on the rate of pay
contained in section 5547(a) of title 5, United States Code, pursuant to
section 2 of the Overtime Pay for Protective Services Act of 2016 (5
U.S.C. 5547 note), as last amended by Public Law 118-38: Provided, That
not to exceed $19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement
organizations in criminal investigations within the jurisdiction of the
United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $75,598,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the United States Secret Service for
research and development, $4,217,000, to remain available until
September 30, 2025.
Administrative Provisions
Sec. 201. <<NOTE: Applicability.>> Section 201 of the Department of
Homeland Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall apply with
respect to funds made available in this Act in the same manner as such
section applied to funds made available in that Act, except that
``fiscal year 2024'' shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin
Islands, in addition to funding provided by sections 740 and 1406i of
title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
[[Page 138 STAT. 602]]
Sec. 204. (a) For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2024 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-125), or other such
authorizing language.
(b) To the extent that amounts realized from such collections exceed
$31,000,000, those amounts in excess of $31,000,000 shall be credited to
this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the Federal
Food, Drug, and Cosmetic Act: Provided,
That <<NOTE: Applicability. Time period.>> this section shall apply only
to individuals transporting on their person a personal-use quantity of
the prescription drug, not to exceed a 90-day supply: Provided further,
That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. <<NOTE: Consultation.>> (a) Notwithstanding any other
provision of law, none of the funds provided in this or any other Act
shall be used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46, United States
Code, for the transportation of crude oil distributed from and to the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United States
flag vessels.
(b) <<NOTE: Notification. Deadline. Waivers.>> The Secretary shall
notify the Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, with respect to such
transportation, and the disposition of such requests.
Sec. 207. <<NOTE: Effective date.>> (a) Beginning on the date of
enactment of this Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) <<NOTE: Definition.>> In this section, the term ``border
crossing fee'' means a fee that every pedestrian, cyclist, and driver
and passenger of a private motor vehicle is required to pay for the
privilege of crossing the Southern border or the Northern border at a
land port of entry.
[[Page 138 STAT. 603]]
Sec. 208. <<NOTE: Deadline. Expenditure plan.>> (a) Not later than
90 days after the date of enactment of this Act, the Commissioner of
U.S. Customs and Border Protection shall submit an expenditure plan for
any amounts made available for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' in this Act and prior Acts
to the Committees on Appropriations of the House of Representatives and
the Senate.
(b) No such amounts provided in this Act may be obligated prior to
the submission of such plan.
Sec. 209. <<NOTE: Applicability.>> Section 211 of the Department of
Homeland Security Appropriations Act, 2021 (division F of Public Law
116-260), prohibiting the use of funds for the construction of fencing
in certain areas, shall apply with respect to funds made available in
this Act in the same manner as such section applied to funds made
available in that Act.
Sec. 210. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2024, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this Act.
Sec. 211. Of the total amount made available under ``U.S. Customs
and Border Protection--Procurement, Construction, and Improvements'',
$850,170,000 shall be available only as follows:
(1) $283,500,000 for the acquisition and deployment of
border security technologies;
(2) $380,900,000 for trade and travel assets and
infrastructure;
(3) $92,114,000 for facility construction and improvements;
(4) $75,983,000 for integrated operations assets and
infrastructure; and
(5) $17,673,000 for mission support and infrastructure.
Sec. 212. <<NOTE: Determination.>> None of the funds provided under
the heading ``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
Sec. 213. <<NOTE: Contracts. 6 USC 211 note.>> (a) None of the
funds provided under the heading ``U.S. Immigration and Customs
Enforcement--Operations and Support'' may be used to continue any
contract for the provision of detention services if the two most recent
overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 214. <<NOTE: Aliens.>> Without regard to the limitation as to
time and condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and Customs
[[Page 138 STAT. 604]]
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 215. <<NOTE: Time period. Applicability. 8 USC 1378a note.>>
The reports required to be submitted under section 216 of the Department
of Homeland Security Appropriations Act, 2021 (division F of Public Law
116-260) shall continue to be submitted semimonthly and each matter
required to be included in such reports by such section 216 shall apply
in the same manner and to the same extent during the period described in
such section 216.
Sec. 216. <<NOTE: Applicability.>> The terms and conditions of
sections 216 and 217 of the Department of Homeland Security
Appropriations Act, 2020 (division D of Public Law 116-93) shall apply
to this Act.
Sec. 217. <<NOTE: Deadline. Plan.>> Not later than 45 days after
the date of enactment of this Act, the Chief Financial Officer of U.S.
Immigration and Customs Enforcement shall submit to the Committees on
Appropriations of the House of Representatives and the Senate an
obligation plan for amounts made available in this Act for ``U.S.
Immigration and Customs Enforcement'', delineated by level II program,
project, and activity.
Sec. 218. (a) Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
(b) None of the funds made available in this or any other Act,
including prior Acts, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act may be used to carry out legislation
altering the applicability of the screening requirements outlined in
subsection (a).
Sec. 219. <<NOTE: Contracts. Explosive detection systems.>>
Notwithstanding section 44923 of title 49, United States Code, for
fiscal year 2024, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States Code, may be
used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such title.
Sec. 220. <<NOTE: Reports. Plans.>> Not later than 45 days after
the submission of the President's budget proposal, the Administrator of
the Transportation Security Administration shall submit to the
Committees on Appropriations and Homeland Security of the House of
Representatives and the Committees on Appropriations and Commerce,
Science, and Transportation of the Senate a single report that fulfills
the following requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and sustained
capital investment in new, and the replacement of aged,
transportation security equipment;
(2) <<NOTE: Time period.>> the 5-year technology investment
plan as required by section 1611 of title XVI of the Homeland
Security Act of 2002, as amended by section 3 of the
Transportation Security Acquisition Reform Act (Public Law 113-
245); and
[[Page 138 STAT. 605]]
(3) the Advanced Integrated Passenger Screening Technologies
report as required by the Senate Report accompanying the
Department of Homeland Security Appropriations Act, 2019 (Senate
Report 115-283).
Sec. 221. (a) None of the funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there is
a backlog of recreational vessel applications, personnel performing non-
recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 222. <<NOTE: Investment plan.>> Notwithstanding any other
provision of law, the Commandant of the Coast Guard shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a future-years capital investment plan as described in the second
proviso under the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the requirements
in the third and fourth provisos under such heading.
Sec. 223. None of the funds in this Act shall be used to reduce the
Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 224. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 225. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of enactment
of this Act.
Sec. 226. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2024 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 227. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall be used
to charge a fee for an inspection of a towing vessel, as defined in 46
CFR 136.110, that utilizes the Towing Safety Management System option
for a Certificate of Inspection issued under subchapter M of title 46,
Code of Federal Regulations.
(b) <<NOTE: Determination.>> Subsection (a) shall not apply after
the date the Commandant of the Coast Guard makes a determination under
section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of
[[Page 138 STAT. 606]]
2018 (Public Law 115-282) and, as necessary based on such determination,
carries out the requirements of section 815(b) of such Act.
Sec. 228. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 229. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) <<NOTE: Contracts.>> The Director of the United States Secret
Service may enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 230. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 231. <<NOTE: Notification. Time period.>> Funding made
available in this Act for ``United States Secret Service--Operations and
Support'' is available for travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if the Director of the United
States Secret Service or a designee notifies the Committees on
Appropriations of the House of Representatives and the Senate 10 or more
days in advance, or as early as practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,382,814,000, of which
$24,424,000 shall remain available until September 30, 2025: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$489,401,000, to remain available until September 30, 2026.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $793,000, to remain
available until September 30, 2025.
[[Page 138 STAT. 607]]
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,483,990,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $99,528,000, of which
$63,278,000 shall remain available until September 30, 2026, and of
which $36,250,000 shall remain available until September 30, 2028.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,497,019,369, which shall be allocated as
follows:
(1) $468,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $81,000,000 shall be for Operation
Stonegarden and $13,500,000 shall be for Tribal Homeland
Security Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606): Provided, <<NOTE: Puerto Rico.>> That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2024, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $553,500,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) <<NOTE: Terrorism.>> $274,500,000 for the Nonprofit
Security Grant Program under section 2009 of the Homeland
Security Act of 2002 (6 U.S.C. 609a), of which $137,250,000 is
for eligible recipients located in high-risk urban areas that
receive funding under section 2003 of such Act and $137,250,000
is for eligible recipients that are located outside such areas:
Provided, That eligible recipients are those described in
section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an
otherwise eligible recipient at risk of a terrorist or other
extremist attack.
(4) $94,500,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $9,000,000 shall be
for Amtrak security and $1,800,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
[[Page 138 STAT. 608]]
(5) $90,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(6) $648,000,000, to remain available until September 30,
2025, of which $324,000,000 shall be for Assistance to
Firefighter Grants and $324,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $319,500,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6,
United States Code, and Reorganization Plan No. 3 of 1978 (5
U.S.C. App.).
(8) $281,475,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4101(f)(2)), to remain available until expended.
(9) $10,800,000 for Regional Catastrophic Preparedness
Grants.
(10) $117,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until September 30, 2025:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(11) $40,000,000 for the Next Generation Warning System.
(12) $293,757,369 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for the
purposes, and the amounts, specified in the table entitled
``Homeland Security--Community Project Funding/Congressionally
Directed Spending'' under the ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which--
(A) $103,189,080, in addition to amounts otherwise
made available for such purpose, is for emergency
operations center grants under section 614 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5196c); and
(B) $190,568,289, in addition to amounts otherwise
made available for such purpose, is for pre-disaster
mitigation grants under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(e), notwithstanding subsections (f),
(g), and (l) of that section (42 U.S.C. 5133(f), (g),
(l)).
(13) $305,987,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
[[Page 138 STAT. 609]]
et seq.), $20,261,000,000, to remain available until expended:
Provided, That such amount shall be for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and is designated by the
Congress as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$239,983,000, to remain available until September 30, 2025, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
$18,917,000 shall be available for mission support associated with flood
management; and of which $221,066,000 shall be available for flood plain
management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain management
and flood mapping: Provided further, That in fiscal year 2024, no funds
shall be available from the National Flood Insurance Fund under section
1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in
excess of--
(1) $230,504,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,300,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968, and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
[[Page 138 STAT. 610]]
Administrative Provisions
(including transfers of funds)
Sec. 301. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be made
available for the necessary expenses of procuring or providing access to
cybersecurity threat feeds for branches, agencies, independent agencies,
corporations, establishments, and instrumentalities of the Federal
Government of the United States, state, local, tribal, and territorial
entities, fusion centers as described in section 210A of the Homeland
Security Act (6 U.S.C. 124h), and Information Sharing and Analysis
Organizations.
Sec. 302. <<NOTE: Grants.>> (a) Notwithstanding section 2008(a)(12)
of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other
provision of law, not more than 5 percent of the amount of a grant made
available in paragraphs (1) through (5) under ``Federal Emergency
Management Agency--Federal Assistance'', may be used by the recipient
for expenses directly related to administration of the grant.
(b) <<NOTE: Applicability.>> The authority provided in subsection
(a) shall also apply to a state recipient for the administration of a
grant under such paragraph (3).
Sec. 303. <<NOTE: Grants. Deadlines.>> Applications for grants
under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for paragraphs (1) through (5), shall be made available to
eligible applicants not later than 60 days after the date of enactment
of this Act, eligible applicants shall submit applications not later
than 80 days after the grant announcement, and the Administrator of the
Federal Emergency Management Agency shall act within 65 days after the
receipt of an application.
Sec. 304. <<NOTE: Grants. Briefing. Time period. Public
information.>> (a) Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(5) and (9), the Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the House of
Representatives and the Senate 5 full business days in advance of
announcing publicly the intention of making an award.
(b) If any such public announcement is made before 5 full business
days have elapsed following such briefing, $1,000,000 of amounts
appropriated by this Act for ``Federal Emergency Management Agency--
Operations and Support'' shall be rescinded.
Sec. 305. Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) and (2), the
installation of communications towers is not considered construction of
a building or other physical facility.
Sec. 306. <<NOTE: Applicability.>> The reporting requirements in
paragraphs (1) and (2) under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), related to reporting on the
Disaster Relief Fund, shall be applied in fiscal year 2024 with respect
to budget year 2025 and current fiscal year 2024, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2025''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. <<NOTE: Grants. Waiver authority.>> In making grants
under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for Staffing for
[[Page 138 STAT. 611]]
Adequate Fire and Emergency Response grants, the Administrator of the
Federal Emergency Management Agency may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. <<NOTE: Fees.>> (a) The aggregate charges assessed during
fiscal year 2024, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department of
Homeland Security to be necessary for its Radiological Emergency
Preparedness Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) <<NOTE: Effective date.>> Such fees shall be deposited in a
Radiological Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes on October
1, 2024, and remain available until expended.
Sec. 309. <<NOTE: Grants. Waiver authority.>> In making grants
under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for Assistance to Firefighter Grants, the Administrator of
the Federal Emergency Management Agency may waive subsection (k) of
section 33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229).
Sec. 310. Any unobligated balances of funds appropriated in any
prior Act for activities funded by the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133), as in effect on the day
before the date of enactment of section 1234 of division D of Public Law
115-254, may be transferred to and merged with funds set aside pursuant
to subsection (i)(1) of section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), as in effect on
the date of the enactment of this section.
Sec. 311. Any unobligated balances of funds appropriated under the
heading ``Federal Emergency Management Agency--Flood Hazard Mapping and
Risk Analysis Program'' in any prior Act may be transferred to and
merged with funds appropriated under the heading ``Federal Emergency
Management Agency--Federal Assistance'' for necessary expenses for Flood
Hazard Mapping and Risk Analysis: Provided, That funds transferred
pursuant to this section shall be in addition to and supplement any
other sums appropriated for such purposes under the National Flood
Insurance Fund and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968 (42
U.S.C. 4101(f)(2)), to remain available until expended.
[[Page 138 STAT. 612]]
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program, the
Refugee and International Operations Programs, and backlog reduction,
$271,140,000: Provided, That such amounts shall be in addition to any
other amounts made available for such purposes, and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That not to exceed $5,000 shall be for official
reception and representation expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $10,000,000, to remain available until September 30, 2025.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $357,100,000, of which $66,665,000 shall remain available
until September 30, 2025: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $20,100,000, to
remain available until September 30, 2028, for acquisition of necessary
additional real property and facilities, construction and ongoing
maintenance, facility improvements and related expenses of the Federal
Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate for
operations and support, including the purchase or lease of not to exceed
5 vehicles, $369,811,000, of which $206,093,000 shall remain available
until September 30, 2025: Provided, That not to exceed $10,000 shall be
for official reception and representation expenses.
[[Page 138 STAT. 613]]
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate for
procurement, construction, and improvements, $61,000,000, to remain
available until September 30, 2028.
research and development
For necessary expenses of the Science and Technology Directorate for
research and development, $310,823,000, to remain available until
September 30, 2026.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass Destruction
Office for operations and support, $163,280,000, of which $69,364,000
shall remain available until September 30, 2025: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass Destruction
Office for procurement, construction, and improvements, $42,338,000, to
remain available until September 30, 2026.
research and development
For necessary expenses of the Countering Weapons of Mass Destruction
Office for research and development, $60,938,000, to remain available
until September 30, 2026.
federal assistance
For necessary expenses of the Countering Weapons of Mass Destruction
Office for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $142,885,000, to remain available
until September 30, 2026.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5 vehicles,
for replacement only, for areas where the Administrator of General
Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such vehicles
to travel between the employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided by employees (including employees
serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information
[[Page 138 STAT. 614]]
Officers, Immigration Service Analysts, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
Sec. 403. Notwithstanding any other provision of law, any Federal
funds made available to U.S. Citizenship and Immigration Services may be
used for the collection and use of biometrics taken at a U.S.
Citizenship and Immigration Services Application Support Center that is
overseen virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy Act
(31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. <<NOTE: Notifications. Time periods.>> (a) None of the
funds provided by this Act, provided by previous appropriations Acts to
the components in or transferred to the Department of Homeland Security
that remain available for obligation or expenditure in fiscal year 2024,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the components funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds that--
[[Page 138 STAT. 615]]
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) <<NOTE: Contracts.>> contracts out any function or
activity presently performed by Federal employees or any new
function or activity proposed to be performed by Federal
employees in the President's budget proposal for fiscal year
2024 for the Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 30 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 30 days in advance
of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
(d) <<NOTE: Deadline.>> Notwithstanding subsections (a), (b), and
(c), no funds shall be reprogrammed within or transferred between
appropriations--
(1) based upon an initial notification provided after June
15, except in extraordinary circumstances that imminently
threaten the safety of human life or the protection of property;
(2) to increase or decrease funding for grant programs; or
(3) to create a program, project, or activity pursuant to
subsection (a)(1), including any new function or requirement
within any program, project, or activity, not approved by
Congress in the consideration of the enactment of this Act.
(e) <<NOTE: Applicability.>> The notification thresholds and
procedures set forth in subsections (a), (b), (c), and (d) shall apply
to any use of deobligated balances of funds provided in previous
Department of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 5 days in advance of such transfer.
Sec. 504. <<NOTE: Applicability. 31 USC 501 note.>> (a) Section 504
of the Department of Homeland Security Appropriations Act, 2017
(division F of Public Law 115-31), related to the operations of a
working capital fund, shall apply with respect to funds made available
in this Act in the same manner as such section applied to funds made
available in that Act.
[[Page 138 STAT. 616]]
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. <<NOTE: Time period. Deadline.>> (a) Except as otherwise
specifically provided by law, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2024, as recorded
in the financial records at the time of a reprogramming notification,
but not later than June 30, 2025, from appropriations for ``Operations
and Support'' for fiscal year 2024 in this Act shall remain available
through September 30, 2025, in the account and for the purposes for
which the appropriations were provided.
(b) <<NOTE: Notifications.>> Prior to the obligation of such funds,
a notification shall be submitted to the Committees on Appropriations of
the House of Representatives and the Senate in accordance with section
503 of this Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2024 until the enactment of an Act authorizing
intelligence activities for fiscal year 2024.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations and
Support'' that exceed the amounts in such authorization for such account
shall be transferred to and merged with amounts made available under the
heading ``Management Directorate--Operations and Support''.
(c) <<NOTE: Briefing. Plan.>> Prior to the obligation of any funds
transferred under subsection (b), the Management Directorate shall brief
the Committees on Appropriations of the House of Representatives and the
Senate on a plan for the use of such funds.
Sec. 507. <<NOTE: Notifications. Time
period. Grants. Contracts. Public information.>> (a) The Secretary of
Homeland Security, or the designee of the Secretary, shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in excess
of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a multiple award
contract, or to issue a letter of intent totaling in excess of
$4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award items
under paragraph (1), (2), (3), or (4), including a contract
covered by the Federal Acquisition Regulation.
(b) <<NOTE: Determination. Deadline.>> If the Secretary of Homeland
Security determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award may be made
without notification, and the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate not later
than 5 full business days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
[[Page 138 STAT. 617]]
of contract; and the account from which the funds are being
drawn.
Sec. 508. <<NOTE: Notifications. Contracts.>> Notwithstanding any
other provision of law, no agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without advance notification to the Committees on
Appropriations of the House of Representatives and the Senate, except
that the Federal Law Enforcement Training Centers is authorized to
obtain the temporary use of additional facilities by lease, contract, or
other agreement for training that cannot be accommodated in existing
Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. <<NOTE: Applicability.>> Sections 522 and 530 of the
Department of Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect to
funds made available in this Act in the same manner as such sections
applied to funds made available in that Act.
Sec. 511. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) <<NOTE: Definition.>> For purposes of subsection (a), the term
``Buy American Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available in
this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. <<NOTE: National identification card.>> None of the funds
made available in this Act may be used for planning, testing, piloting,
or developing a national identification card.
Sec. 515. <<NOTE: Delegation authority.>> Any official that is
required by this Act to report or to certify to the Committees on
Appropriations of the House of Representatives and the Senate may not
delegate such authority to perform that act unless specifically
authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. <<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
performance that does not meet the basic requirements of a contract.
[[Page 138 STAT. 618]]
Sec. 519. <<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, territorial, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 520. <<NOTE: Firearms.>> None of the funds made available in
this Act may be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is an agent of
a drug cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 521. <<NOTE: Determination. Notifications. Deadline.>> (a) None
of the funds made available in this Act may be used to pay for the
travel to or attendance of more than 50 employees of a single component
of the Department of Homeland Security, who are stationed in the United
States, at a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such attendance is in
the national interest and notifies the Committees on Appropriations of
the House of Representatives and the Senate within at least 10 days of
that determination and the basis for that determination.
(b) <<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.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance for
such employees.
Sec. 522. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 523. <<NOTE: Pay reform. Time period. Effective
date. Notification.>> (a) None of the funds made available to the
Department of Homeland Security by this or any other Act may be
obligated for the implementation of any structural pay reform or the
introduction of any new position classification that will affect more
than 100 full-time positions or costs more than $5,000,000 in a single
year before the end of the 30-day period beginning on the date on which
the Secretary of Homeland Security submits to Congress a notification
that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) <<NOTE: Analysis.>> for a structural pay reform, an
analysis of compensation alternatives to such change that were
considered by the Department.
(b) Subsection (a) shall not apply to such change if--
[[Page 138 STAT. 619]]
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied or
restricted in this Act.
Sec. 524. <<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 website of that agency any report required to be
submitted by the Committees on Appropriations of the House of
Representatives and the Senate in this Act, upon the determination by
the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
Committees on Appropriations of the House of Representatives and the
Senate for not less than 45 days except as otherwise specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 526. <<NOTE: Extension.>> The authority provided by section
532 of the Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary schooling of
dependents shall continue in effect during fiscal year 2024.
Sec. 527. <<NOTE: Aliens.>> (a) None of the funds appropriated or
otherwise made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from entering,
for the purpose of conducting oversight, any facility operated by or for
the Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such a
Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) <<NOTE: Time period.>> With respect to individuals described in
subsection (a)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent to enter a
facility described in subsection (a).
Sec. 528. <<NOTE: Pregnant women. Determinations.>> (a) Except as
provided in subsection (b), none of the funds made available in this Act
may be used to place restraints on a woman in the custody of the
Department of Homeland Security (including during transport, in a
detention facility, or at an outside medical facility) who is pregnant
or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
[[Page 138 STAT. 620]]
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic restraints
is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a restraint
belt that constricts the area of the pregnancy. A pregnant woman who is
immobilized by restraints shall be positioned, to the maximum extent
feasible, on her left side.
Sec. 529. <<NOTE: Records.>> (a) None of the funds made available by
this Act may be used to destroy any document, recording, or other record
pertaining to any--
(1) death of,
(2) <<NOTE: Sexual assault.>> potential sexual assault or
abuse perpetrated against, or
(3) <<NOTE: Law enforcement and crime.>> allegation of
abuse, criminal activity, or disruption committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 530. <<NOTE: Applicability.>> Section 519 of division F of
Public Law 114-113, regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with respect to
any Federal funds in the same manner as such section applied to funds
made available in that Act.
Sec. 531. <<NOTE: Reports.>> (a) Not later than 10 days after the
date on which the budget of the President for a fiscal year is submitted
to Congress pursuant to section 1105(a) of title 31, United States Code,
the Under Secretary for Management of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and the
Senate a report on the unfunded priorities, for the Department of
Homeland Security and separately for each departmental component, for
which discretionary funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) <<NOTE: Summary.>> a summary description, including the
objectives to be achieved if such priority is funded (whether in
whole or in part);
[[Page 138 STAT. 621]]
(2) the description, including the objectives to be achieved
if such priority is funded (whether in whole or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) <<NOTE: Definition.>> In this section, the term ``unfunded
priority'', in the case of a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with an
operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec.
532. <<NOTE: Deadlines. Determination. President. Evaluation. Notificatio
ns.>> (a) Not later than 10 days after a determination is made by the
President to evaluate and initiate protection under any authority for a
former or retired Government official or employee, or for an individual
who, during the duration of the directed protection, will become a
former or retired Government official or employee (referred to in this
section as a ``covered individual''), the Secretary of Homeland Security
shall submit a notification to congressional leadership and the
Committees on Appropriations of the House of Representatives and the
Senate, the Committees on the Judiciary of the House of Representatives
and the Senate, the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Oversight and Reform of the
House of Representatives (referred to in this section as the
``appropriate congressional committees'').
(b) <<NOTE: Threat assessment.>> Such notification may be submitted
in classified form, if necessary, and in consultation with the Director
of National Intelligence or the Director of the Federal Bureau of
Investigation, as appropriate, and shall include the threat assessment,
scope of the protection, and the anticipated cost and duration of such
protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension or
termination and any change to the threat assessment to the congressional
leadership and the appropriate congressional committees.
(d) <<NOTE: Reports. Time period.>> Not later than 45 days after the
date of enactment of this Act, and quarterly thereafter, the Secretary
shall submit a report to the congressional leadership and the
appropriate congressional committees, which may be submitted in
classified form, if necessary, detailing each covered individual, and
the scope and associated cost of protection.
Sec. 533. <<NOTE: Project proposal.>> (a) None of the funds
provided to the Department of Homeland Security in this or any prior Act
may be used by
[[Page 138 STAT. 622]]
an agency to submit an initial project proposal to the Technology
Modernization Fund (as authorized by section 1078 of subtitle G of title
X of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91)) unless, concurrent with the submission of an initial
project proposal to the Technology Modernization Board, the head of the
agency--
(1) <<NOTE: Notifications.>> notifies the Committees on
Appropriations of the House of Representatives and the Senate of
the proposed submission of the project proposal;
(2) <<NOTE: Records.>> submits to the Committees on
Appropriations a copy of the project proposal; and
(3) <<NOTE: Analysis.>> provides a detailed analysis of how
the proposed project funding would supplement or supplant
funding requested as part of the Department's most recent budget
submission.
(b) <<NOTE: Time period. Reports.>> None of the funds provided to
the Department of Homeland Security by the Technology Modernization Fund
shall be available for obligation until 15 days after a report on such
funds has been transmitted to the Committees on Appropriations of the
House of Representatives and the Senate.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) <<NOTE: Contracts.>> the finalized interagency agreement
between the Department and the Fund including the project's
deliverables and repayment terms, as applicable;
(3) <<NOTE: Analysis.>> a detailed analysis of how the
project will supplement or supplant existing funding available
to the Department for similar activities;
(4) <<NOTE: Repayment plan.>> a plan for how the Department
will repay the Fund, including specific planned funding sources,
as applicable; and
(5) other information as determined by the Secretary.
Sec. 534. <<NOTE: Deadline. Reductions.>> Within 60 days of any
budget submission for the Department of Homeland Security for fiscal
year 2025 that assumes revenues or proposes a reduction from the
previous year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on Appropriations of the
House of Representatives and the Senate specific reductions in proposed
discretionary budget authority commensurate with the revenues assumed in
such proposals in the event that they are not enacted prior to October
1, 2024.
Sec. 535. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 536. <<NOTE: Contracts. Memorandum.>> No Federal funds made
available to the Department of Homeland Security may be used to enter
into a procurement contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or guarantee to,
any entity identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) or any subsidiary of such entity.
Sec. 537. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> 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--
[[Page 138 STAT. 623]]
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 538. <<NOTE: Time period. Effective date. Border
estimates.>> (a) The Secretary of Homeland Security (in this section
referred to as the ``Secretary'') shall, on a bimonthly basis beginning
immediately after the date of enactment of this Act, develop estimates
of the number of noncitizens anticipated to arrive at the southwest
border of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) <<NOTE: Review.>> undergo an independent validation and
verification review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) <<NOTE: Effective date.>> are included in the budget
materials submitted to Congress for each fiscal year beginning
after the date of enactment of this Act and in support of--
(A) the President's annual budget request pursuant
to section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to
Congress;
(C) any reprogramming and transfer notification
pursuant to section 503 of this Act; and
(D) such budget materials shall include--
(i) the most recent bimonthly estimates
developed pursuant to subsection (a);
(ii) a description and quantification of the
estimates used to justify funding requests for
Department programs related to border security,
immigration enforcement, and immigration services;
(iii) a description and quantification of the
anticipated workload and requirements resulting
from such estimates; and
(iv) a confirmation as to whether the budget
requests for impacted agencies were developed
using the same estimates.
(c) The Secretary shall share the bimonthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the House of Representatives and the
Senate.
(d) If the bimonthly estimates described in subsection (b) are not
provided for the purposes described, the reprogramming and transfer
authority provided in section 503 of this Act shall be suspended until
such time as the required estimates are provided to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 539. (a) Section 538 of the Department of Homeland Security
Appropriations Act, 2022 (division F of Public Law 117-103) <<NOTE: 6
USC 103a.>> is amended by striking subsection (d) and inserting the
following--
[[Page 138 STAT. 624]]
``(d) Amounts in the Fund may not be apportioned or allotted for any
fiscal year until after the date on which the Act making full-year
appropriations for the Department of Homeland Security for the
applicable fiscal year is enacted into law, subject to subsection (e).
``(e) <<NOTE: Notifications. Time period.>> The Committees on
Appropriations of the House of Representatives and the Senate shall be
notified at least 15 days in advance of the planned use of funds.''.
(b) <<NOTE: Applicability. 6 USC 103a note.>> The amendments made by
this section shall apply to amounts transferred under such section 538
on or after the date of enactment of this Act.
Sec. 540. <<NOTE: Analyses. Examination. Reports.>> (a) Prior to the
Secretary of Homeland Security requesting assistance from the Department
of Defense for border security operations, the Secretary shall ensure
that an alternatives analysis and cost-benefit analysis is conducted
before such request is made, which shall include an examination of
obtaining such support through other means.
(b) Not later than 30 days after the date on which a request for
assistance is made, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and the
Senate a report detailing the types of support requested, the
alternatives analysis and cost-benefit analysis described in subsection
(a), and the operational impact to Department of Homeland Security
operations of any Department of Defense border security support
requested by the Secretary.
(c) <<NOTE: Time period.>> Not later than 30 days after the date on
which a request made for assistance is granted and quarterly thereafter
through the duration of such assistance, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, a report detailing the assistance
provided and the operational impacts to border security operations.
Sec. 541. Funds made available in this Act or any other Act for
Operations and Support may be used for the necessary expenses of
providing an employee emergency back-up care program.
Sec. 542. (a) Not less than $5,000,000 made available in this Act
shall be transferred to ``U.S. Immigration and Customs Enforcement--
Operations and Support'' to support and conduct necessary operations of
the Blue Campaign for fiscal year 2024.
(b) <<NOTE: Notifications.>> Prior to the obligation of funds made
available by subsection (a), notification shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate.
(rescissions of funds)
Sec. 543. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985:
(1) $800,000 from unobligated balances available in the
``Office of the Secretary and Executive Management--Operations
and Support'' account (70 23/24 0100).
(2) $4,100,000 from the unobligated balances available in
the ``Management Directorate--Office of the Chief Information
Officer and Operations'' account (70 X 0113).
[[Page 138 STAT. 625]]
(3) $1,473,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' account (70 X 0532).
(4) $1,842,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology'' account (70 X 0533).
(5) $450,000 from the unobligated balances available in the
``U.S. Customs and Border Protection--Air and Marine
Interdiction, Operations, Maintenance, and Procurement'' account
(70 X 0544).
(6) $3,000,000 from the unobligated balances available in
the ``U.S. Immigration and Customs Enforcement--Operations and
Support'' account (70 23/24 0540).
(7) $782,419 from the unobligated balances available in the
``U.S. Immigration and Customs Enforcement--Operations and
Support'' account (70 X 0540).
(8) $10,471 from the unobligated balances available in the
``U.S. Immigration and Customs Enforcement--Automation
Modernization'' account (70 X 0543).
(9) $22,600,000 from the unobligated balances available in
the ``Coast Guard--Acquisition, Construction, and Improvements''
account (70 X 0613).
(10) $150,000,000 from the unobligated balances available in
the ``Coast Guard--Procurement, Construction, and Improvements''
account.
(11) $2,400,000 from the unobligated balances available in
the ``United States Secret Service--Operations and Support''
account (70 X 0400).
(12) $4,000,000 from the unobligated balances available in
the ``United States Secret Service--Procurement, Construction,
and Improvements'' account (70 23/25 0401).
(13) $3,500,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--
Procurement, Construction, and Improvements'' account (70 23/27
0412).
(14) $2,000,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--Research
and Development'' account (70 23/24 0805).
(15) $5,821,000 from the unobligated balances available in
the ``Federal Emergency Management Agency--National Predisaster
Mitigation Fund'' account (70 X 0716).
(16) $40,000 from the unobligated balances available in the
``U.S. Citizenship and Immigration Services--Operations and
Support'' account (70 X 0300).
(17) $46,968 from the unobligated balances available in the
``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements'' account (70 20/24 0510).
(18) $900,000 from the unobligated balances available in the
``Science and Technology Directorate--Operations and Support''
account (70 X 0800).
(19) $2,000,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--Research
and Development'' account (70 22/24 0860).
(20) $2,900,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--
Procurement, Construction, and Improvements'' account (70 22/24
0862).
[[Page 138 STAT. 626]]
(21) $19,700,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--
Procurement, Construction, and Improvements'' account (70 23/25
0862).
(22) $11,208,000 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction--Research and
Development'' account (70 23/25 0860).
(23) $11,478 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Research and
Development'' account (70 X 0860).
Sec. 544. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2023 (Public Law
117-328) are rescinded:
(1) $1,025,240 from ``Office of the Secretary and Executive
Management--Operations and Support''.
(2) $982,350 from ``Management Directorate--Operations and
Support''.
(3) $757,750 from ``Intelligence, Analysis, and Situational
Awareness--Operations and Support''.
(4) $102,031 from ``Office of the Inspector General--
Operations and Support''.
(5) $6,952,560 from ``U.S. Customs and Border Protection--
Operations and Support''.
(6) $7,661,620 from ``U.S. Immigration and Customs
Enforcement--Operations and Support''.
(7) $31,022,129 from ``Coast Guard--Operations and
Support''.
(8) $364,550 from ``United States Secret Service--Operations
and Support''.
(9) $1,407,050 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support''.
(10) $2,454,920 from ``Federal Emergency Management Agency--
Operations and Support''.
(11) $3,146,930 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(12) $232,590 from ``Federal Law Enforcement Training
Centers--Operations and Support''.
(13) $51,440 from ``Science and Technology Directorate--
Operations and Support''.
(14) $73,440 from ``Countering Weapons of Mass Destruction
Office--Operations and Support''.
Sec. 545. Of the unobligated balances in the ``Department of
Homeland Security Nonrecurring Expenses Fund'' established in section
538 of division F of Public Law 117-103, $699,662 are hereby rescinded.
Sec. 546. (a) Of the unobligated balances from amounts made
available by section 104A(m) of Public Law 103-325 (12 U.S.C. 4703a(m)),
$30,000,000 are hereby permanently rescinded.
(b) <<NOTE: Deadline.>> Of the unobligated balances in the fund
established by section 223 of division G of Public Law 110-161,
$87,900,000 are hereby rescinded not later than September 30, 2024.
(c)(1) Of the unobligated balances of funds made available by
sections 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501, 2502, 2704,
3101, and 9911 of Public Law 117-2, $239,000,000 are hereby rescinded.
[[Page 138 STAT. 627]]
(2) The report required to be submitted pursuant to section 529 of
division D of this consolidated Act shall include the amounts rescinded
pursuant to this subsection.
(d) Of the unobligated balances in the fund established pursuant to
section 527 of title 28, United States Code, $75,000,000 are hereby
permanently rescinded not later than September 30, 2024.
(e) Of the amounts provided in title II of this Act under the
heading ``United States Secret Service--Operations and Support'',
$320,000,000 shall be paid from the unobligated balances from amounts in
the fund established by section 9006(a) of title 26, United States Code.
(f)(1) Of the total amount provided in title III of this Act under
the heading ``Federal Emergency Management Agency--Federal Assistance'',
$364,000,000 shall be derived by transfer from the unobligated balances
from amounts made available in paragraph (2) under such heading in title
V of division J of the Infrastructure Investment and Jobs Act (Public
Law 117-58) and shall be merged with amounts provided under such heading
in title III of this Act.
(2) Amounts repurposed or transferred pursuant to this subsection
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the Budget are
designated as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and to legislation establishing fiscal year
2024 budget enforcement in the House of Representatives.
Sec. 547. Notwithstanding the amounts made available for vocational
rehabilitation services pursuant to title I of the Rehabilitation Act in
``Department of Education--Rehabilitation Services'' in division D of
this Act and notwithstanding sections 100(b)(1) and 100(c)(2) of the
Rehabilitation Act, each State shall be entitled to an allotment equal
to the amount such State received pursuant to section 110(a) of the
Rehabilitation Act for the fiscal year ending September 30, 2023, prior
to any additions or reductions under section 110(b) or section
111(a)(2)(B): Provided, That, of such amounts made available under the
heading ``Department of Education--Rehabilitation Services'' in division
D of this Act, $286,791,761 is hereby rescinded: Provided further,
That, for fiscal year 2025, each State shall be entitled to an allotment
pursuant to section 110(b) of the Rehabilitation Act that shall be
calculated as if this section were not in effect in fiscal year 2024.
Sec. 548. The fourth proviso under the heading ``National Park
Service--Historic Preservation Fund'' in division E of the Consolidated
Appropriations Act, 2024 (Public Law 118-42), <<NOTE: Ante, p. 225.>> is
amended by striking ``$12,500,000'' and inserting ``$10,000,000''.
Sec. 549. (a) Of the unobligated balances made available under the
heading ``Community Development Fund'' in title II of division F of the
Consolidated Appropriations Act, 2024 (Public Law 118-42) for grants for
the Economic Development Initiative (EDI) specified in paragraph (4) of
such heading, $1,000,000 is hereby permanently rescinded: Provided,
That no amounts may be rescinded from amounts specified for Community
Project Funding/Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending'' included
in the
[[Page 138 STAT. 628]]
explanatory statement described in section 4 in the matter preceding
division A of such consolidated Act.
(b) The matter under the heading ``Transit Infrastructure Grants''
in title I of division F of Public Law 118-42 <<NOTE: Ante, p. 322.>>
is amended--
(1) in the matter preceding the first proviso, by striking
``$252,386,844'' and inserting ``$253,386,844''; and
(2) in paragraph (1), by striking ``$20,000,000'' and
inserting ``$21,000,000''.
Sec. 550. (a) In the table of projects entitled ``Community Project
Funding/Congressionally Directed Spending'' in the explanatory statement
for division L of the Consolidated Appropriations Act, 2023 (Public Law
117-328) described in section 4 in the matter preceding division A of
such Act, the item relating to ``The Veterans' Place Renovation'' is
deemed to be amended by striking ``Renovation'' and inserting ``New
Construction''.
(b) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division F of the Consolidated Appropriations Act, 2024 (Public Law 118-
42) described in section 4 in the matter preceding division A of such
Act, the item relating to ``Kingfield Multi-Family Housing'' is deemed
to be amended by striking ``Kingfield''.
Sec. 551. The table entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division F of the Consolidated Appropriations Act, 2024 (Public Law 118-
42) described in section 4 in the matter preceding division A of such
Act is deemed to be amended by adding at the end the items in the table
entitled ``THUD Addendum'' in the explanatory statement for this
division described in section 4 (in the matter preceding division A of
this consolidated Act).
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2024''.
DIVISION D <<NOTE: Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2024.>> --
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I <<NOTE: Department of Labor Appropriations Act, 2024.>>
DEPARTMENT OF LABOR
Employment and Training Administration <<NOTE: Time periods.>>
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $4,006,421,000 plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,929,332,000 as follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available for
the period July 1, 2024 through June 30, 2025, and of
which $712,000,000 shall be available for the period
October 1, 2024 through June 30, 2025;
[[Page 138 STAT. 629]]
(B) $948,130,000 for youth activities, which shall
be available for the period April 1, 2024 through June
30, 2025; and
(C) $1,095,553,000 for dislocated worker employment
and training activities, of which $235,553,000 shall be
available for the period July 1, 2024 through June 30,
2025, and of which $860,000,000 shall be available for
the period October 1, 2024 through June 30, 2025:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act: Provided further, That notwithstanding the
requirements of WIOA, outlying areas may submit a single
application for a consolidated grant that awards funds that
would otherwise be available to such areas to carry out the
activities described in subtitle B of title I of the WIOA:
Provided further, That such application shall be submitted to
the Secretary of Labor (referred to in this title as
``Secretary''), at such time, in such manner, and containing
such information as the Secretary may require: Provided
further, That outlying areas awarded a consolidated grant
described in the preceding provisos may use the funds for any of
the programs and activities authorized under such subtitle B of
title I of the WIOA subject to approval of the application and
such reporting requirements issued by the Secretary; and
(2) for national programs, $1,077,089,000 as follows:
(A) $300,859,000 for the dislocated workers
assistance national reserve, of which $100,859,000 shall
be available for the period July 1, 2024 through
September 30, 2025, and of which $200,000,000 shall be
available for the period October 1, 2024 through
September 30, 2025: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c)
of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary may
reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $115,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $50,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1), workers in the Lower Mississippi, as
defined in section 4(2) of the Delta Development
Act (Public Law 100-
[[Page 138 STAT. 630]]
460, 102 Stat. 2246; 7 U.S.C. 2009aa(2)), and
workers in the region served by the Northern
Border Regional Commission, as defined by 40
U.S.C. 15733; and
(ii) $65,000,000 shall be for the purpose of
developing, offering, or improving educational or
career training programs at community colleges,
defined as public institutions of higher
education, as described in section 101(a) of the
Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree
awarded, with other eligible institutions of
higher education, as defined in section 101(a) of
the Higher Education Act of 1965, eligible to
participate through consortia, with community
colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the
program in House Report 116-62: Provided further,
That any grant funds used for apprenticeships
shall be used to support only apprenticeship
programs registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA;
(B) $60,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2024 through June 30, 2025;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$90,134,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,591,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $671,000 for other discretionary
purposes, which shall be available for the period April
1, 2024 through June 30, 2025: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services:
Provided further, That notwithstanding the definition of
``eligible seasonal farmworker'' in section 167(i)(3)(A)
of the WIOA relating to an individual being ``low-
income'', an individual is eligible for migrant and
seasonal farmworker programs under section 167 of the
WIOA under that definition if, in addition to meeting
the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family
with a total family income equal to or less than 150
percent of the poverty line;
(D) $105,000,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2024 through June 30,
2025;
(E) $115,000,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall be
available for the period April 1, 2024 through June 30,
2025: Provided, That of this amount, $30,000,000 shall
be for competitive grants to national and regional
intermediaries for activities that prepare for
employment young adults with criminal legal histories,
young adults who have been justice system-involved, or
young adults who have dropped
[[Page 138 STAT. 631]]
out of school or other educational programs, with a
priority for projects serving high-crime, high-poverty
areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2024 through June 30, 2025;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, including equity intermediaries
and business and labor industry partner intermediaries,
which shall be available for the period July 1, 2024
through June 30, 2025; and
(H) $107,834,000 for carrying out Demonstration and
Pilot projects under section 169(c) of the WIOA, which
shall be available for the period April 1, 2024 through
June 30, 2025, in addition to funds available for such
activities under subparagraph (A) for the projects, and
in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act):
Provided, That such funds may be used for projects that
are related to the employment and training needs of
dislocated workers, other adults, or youth: Provided
further, That the 10 percent funding limitation under
such section of the WIOA shall not apply to such funds:
Provided further, That section 169(b)(6)(C) of the WIOA
shall not apply to such funds: Provided further, That
sections 102 and 107 of this Act shall not apply to such
funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIOA, $1,760,155,000, plus reimbursements, as
follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2024 through June 30, 2025;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2024 through June 30, 2027, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, <<NOTE: Termination date.>> That any funds transferred
pursuant to the preceding proviso shall not be available for
obligation after June
[[Page 138 STAT. 632]]
30, 2024: Provided further, <<NOTE: Notification.>> That the
Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of any
transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2023
through September 30, 2024:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to
in this Act as ``OAA''), $405,000,000, which shall be available for the
period April 1, 2024 through June 30, 2025, and may be recaptured and
reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2024 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension
Act of 2015, and section 285(a) of the Trade Act of 1974, as amended,
$30,700,000 together with such amounts as may be necessary to be charged
to the subsequent appropriation for payments for any period subsequent
to September 15, 2024: Provided, That notwithstanding section 502 of
this Act, any part of the appropriation provided under this heading may
remain available for obligation beyond the current fiscal year pursuant
to the authorities of section 245(c) of the Trade Act of 1974 (19 U.S.C.
2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,922,084,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $3,141,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $382,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
[[Page 138 STAT. 633]]
Act and is provided to meet the terms of section
251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and $265,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(E) of such
Act; and $9,000,000 for continued support of the Unemployment
Insurance Integrity Center of Excellence), the administration of
unemployment insurance for Federal employees and for ex-service
members as authorized under 5 U.S.C. 8501-8523, and the
administration of trade readjustment allowances, reemployment
trade adjustment assistance, and alternative trade adjustment
assistance under the Trade Act of 1974 and under section 231(a)
of the Trade Adjustment Assistance Extension Act of 2011,
sections 405(a) and 406 of the Trade Preferences Extension Act
of 2015, and section 285(a) of the Trade Act of 1974, as
amended, and shall be available for obligation by the States
through December 31, 2024, except that funds used for automation
shall be available for Federal obligation through December 31,
2024, and for State obligation through September 30, 2026, or,
if the automation is being carried out through consortia of
States, for State obligation through September 30, 2030, and for
expenditure through September 30, 2031, and funds for
competitive grants awarded to States for improved operations and
to conduct in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as appropriate,
shall be available for Federal obligation through December 31,
2024 (except that funds for outcome payments pursuant to section
306(f)(2) of the Social Security Act shall be available for
Federal obligation through March 31, 2025), and for obligation
by the States through September 30, 2026, and funds for the
Unemployment Insurance Integrity Center of Excellence shall be
available for obligation by the State through September 30,
2025, and funds used for unemployment insurance workloads
experienced through September 30, 2024 shall be available for
Federal obligation through December 31, 2024;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for grants
to States in accordance with section 6 of the Wagner-Peyser Act,
and shall be available for Federal obligation for the period
July 1, 2024 through June 30, 2025;
(4) $25,000,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986 (including assisting States in
adopting or modernizing information technology for use in the
processing of certification requests), and the provision of
technical assistance and staff training under the Wagner-Peyser
Act;
(5) $83,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $60,528,000 shall be available for the Federal
administration of such activities, and $23,282,000 shall be
available for grants to States for the administration of such
activities; and
[[Page 138 STAT. 634]]
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2024
through June 30, 2025, of which up to $9,800,000 may be used to
carry out research and demonstration projects related to testing
effective ways to promote greater labor force participation of
people with disabilities: Provided, That the Secretary may
transfer amounts made available for research and demonstration
projects under this paragraph to the ``Office of Disability
Employment Policy'' account for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2024 is projected by the
Department of Labor to exceed 3,075,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other States
in carrying out activities under such title III if the other States
include areas that have suffered a major disaster declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the Social Security
Act to make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That the Secretary may use funds appropriated for grants to
States under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, <<NOTE: Contracts. Grants.>> That
funds appropriated in this Act which are used to establish a national
one-stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further,
That <<NOTE: Grants.>> States awarded competitive grants for improved
operations under title III of the Social Security Act, or awarded grants
to support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and the
Wagner-Peyser Act may be used by States to fund integrated Unemployment
Insurance and Employment Service automation efforts, notwithstanding
cost allocation principles prescribed under the final rule entitled
``Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2, Code of
Federal Regulations: Provided further, That <<NOTE: Reallotment.>> the
Secretary, at the request of a State participating in a consortium with
other States, may reallot funds allotted to such State under title III
of the Social Security Act to other States participating in the
consortium or to the entity operating the Unemployment Insurance
Information Technology Support Center in order to carry out activities
that benefit the administration of the unemployment compensation law of
the State making the
[[Page 138 STAT. 635]]
request: Provided further, <<NOTE: Fees.>> That the Secretary may
collect fees for the costs associated with additional data collection,
analyses, and reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public and
private institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of 29
U.S.C. 9a, for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2025, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2025.
program administration
For expenses of administering employment and training programs,
$118,900,000, together with not to exceed $54,015,000 which shall be
available from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall be made
available through September 30, 2025, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The <<NOTE: Contracts.>> Pension Benefit Guaranty Corporation
(``Corporation'') is authorized to make such expenditures, including
financial assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
carrying out the program, including associated administrative expenses,
through September 30, 2024, for the Corporation: Provided, That none of
the funds available to the Corporation for fiscal year 2024 shall be
available for obligations for administrative expenses in excess of
$512,900,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year
[[Page 138 STAT. 636]]
2024, an amount not to exceed an additional $9,200,000 shall be
available through September 30, 2028, for obligations for administrative
expenses for every 20,000 additional terminated participants: Provided
further, <<NOTE: Approval. Notifications.>> That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2028 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2028 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $110,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $120,500,000, together with $2,205,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the
current or any prior fiscal year authorized by 5 U.S.C. 81; continuation
of benefits as provided for under the heading
[[Page 138 STAT. 637]]
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act (42 U.S.C.
1701 et seq.); and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $700,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year, for deposit into and to assume the
attributes of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, <<NOTE: Reimbursement.>> That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2023, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided
further, <<NOTE: Determination.>> That in addition there shall be
transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c) to
pay an amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of administration for
employees of such fair share entities through September 30, 2024:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $83,007,000 shall be made available to the
Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$28,153,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,526,000;
(3) For periodic roll disability management and medical
review, $26,527,000;
(4) For program integrity, $1,801,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $22,890,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2025, $7,000,000, to remain available until expended.
[[Page 138 STAT. 638]]
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $66,532,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
<<NOTE: 26 USC 9501 note.>> Such sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2024 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $44,059,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $41,178,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $368,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $632,309,000, including not to exceed $120,000,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, <<NOTE: Fees.>> That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the
fiscal year ending September 30, 2024, to collect and retain fees for
services provided to Nationally Recognized Testing Laboratories, and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, <<NOTE: Farms and farming.>> That none of
the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Act which is applicable to any person
[[Page 138 STAT. 639]]
who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, <<NOTE: Small businesses.>> That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, <<NOTE: Farms and farming.>> That the foregoing
proviso shall not apply to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $12,787,000 shall be
available for Susan Harwood training grants: Provided further, That not
less than $3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities:
Provided <<NOTE: 30 USC 966 note.>> further, That notwithstanding 31
U.S.C. 3302, the Mine Safety and Health Administration is authorized to
collect and retain up to $2,499,000 from fees collected for the approval
and certification of equipment,
[[Page 138 STAT. 640]]
materials, and explosives for use in mines, and may utilize such sums
for such activities: Provided further, <<NOTE: 30 USC 962.>> That the
Secretary is authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, <<NOTE: 30 USC 962.>> That the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations: Provided further, <<NOTE: 30
USC 962.>> That the Secretary is authorized to recognize the Joseph A.
Holmes Safety Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds and, with
or without reimbursement, personnel, including service of Mine Safety
and Health Administration officials as officers in local chapters or in
the national organization: Provided further, <<NOTE: 30 USC 962.>> That
any funds available to the Department of Labor may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $629,952,000, together with not
to exceed $68,000,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $43,000,000, of which not
less than $9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the Secretary
may transfer amounts made available under this heading for research and
demonstration projects to the ``State Unemployment Insurance and
Employment Service Operations'' account for such purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $387,889,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the
[[Page 138 STAT. 641]]
Unemployment Trust Fund: Provided, That $81,725,000 for the Bureau of
International Labor Affairs shall be available for obligation through
December 31, 2024: Provided further, <<NOTE: Contracts. Grants.>> That
funds available to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That not less than $30,175,000 shall be for programs to combat
exploitative child labor internationally and not less than $30,175,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs: Provided
further, That $4,281,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2025: Provided
further, <<NOTE: Grants.>> That funds available for program evaluation
may be used to administer grants for the purpose of evaluation:
Provided further, <<NOTE: Grants.>> That grants made for the purpose of
evaluation shall be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be transferred
to any other appropriate account in the Department for such purpose:
Provided <<NOTE: Notification. Time period.>> further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer:
Provided further, That the funds available to the Women's Bureau may be
used for grants to serve and promote the interests of women in the
workforce: Provided further, That of the amounts made available to the
Women's Bureau, not less than $5,000,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional Occupations
Act.
veterans' employment and training
Not to exceed $269,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United States
Code, of which--
(1) $185,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
program specialists under section 4103A of such title and local
veterans' employment representatives under section 4104(b) of
such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for expenditure by the
States through September 30, 2026, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
[[Page 138 STAT. 642]]
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of
title 38, United States Code: Provided, That up to $500,000 may
be used to carry out the Hire VETS Act (division O of Public Law
115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $65,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That <<NOTE: Time period. Grants.>> notwithstanding
subsections (c)(3) and (d) of section 2023, the Secretary may award
grants through September 30, 2024, to provide services under such
section: Provided further, <<NOTE: Time periods.>> That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may include,
in addition to services to the individuals described in subsection (e)
of such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided further,
That <<NOTE: Data. Contracts.>> notwithstanding paragraph (3) under
this heading, funds appropriated in this paragraph may be used for data
systems and contract support to allow for the tracking of participant
and performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided further, That
section 2(d) of division O of the Consolidated Appropriations Act, 2017
(Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $29,269,000, which shall be available through
September 30, 2025.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$91,187,000, together with not to exceed $5,841,000 which may be
expended from the Employment Security Administration
[[Page 138 STAT. 643]]
account in the Unemployment Trust Fund: Provided, That not more than
$2,000,000 of the amount provided under this heading may be available
until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided
further, <<NOTE: Notifications. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 103. <<NOTE: Child labor.>> In accordance with Executive Order
13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of the
funds made available to the Department of Labor for grants under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older than 16 years
of age and are not currently enrolled in school within a local
educational agency in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
[[Page 138 STAT. 644]]
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more
than 0.5 percent of each discretionary appropriation made available to
the Employment and Training Administration by this Act to ``Program
Administration'' in order to carry out program integrity activities
relating to any of the programs or activities that are funded under any
such discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may transfer not
more than 0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such account
to carry out program integrity activities related to the Job Corps
program: Provided further, <<NOTE: Grants. Contracts.>> That funds
transferred under this subsection shall be available to the Secretary to
carry out program integrity activities directly or through grants,
cooperative agreements, contracts and other arrangements with States and
other appropriate entities: Provided further, That funds transferred
under the authority provided by this subsection shall be available for
obligation through September 30, 2025.
(transfer of funds)
Sec. 107. <<NOTE: Evaluations.>> (a) The Secretary may reserve not
more than 0.75 percent from each appropriation made available in this
Act identified in subsection (b) in order to carry out evaluations of
any of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
``Departmental Management'' for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2025:
Provided, <<NOTE: Plan. Time period.>> That such funds shall only be
available if the Chief Evaluation Officer of the Department of Labor
submits a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for
Older Americans'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
of Federal Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'', ``Mine
Safety and Health Administration'', ``Office of Disability Employment
Policy'', funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans' Employment and
Training''.
Sec. 108. <<NOTE: Applicability.>> (a) Section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the
following text is part of such section:
[[Page 138 STAT. 645]]
``(s)(1) <<NOTE: Time period.>> The provisions of this section
shall not apply for a period of 2 years after the occurrence of a major
disaster to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in any
of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses arising
from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) <<NOTE: Definitions.>> For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law, and
withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
(b) <<NOTE: Effective date.>> This section shall be effective on
the date of enactment of this Act.
Sec. 109. <<NOTE: Time periods.>> (a) Flexibility With Respect to
the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
(1) <<NOTE: Effective date.>> In general.--Subject to
paragraph (2), if a petition for H-2B nonimmigrants filed by an
employer in the seafood industry is granted, the employer may
bring the nonimmigrants described in the petition into the
United States at any time during the 120-day period beginning on
the start date for which the employer is seeking the services of
the nonimmigrants without filing another petition.
[[Page 138 STAT. 646]]
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the start
date for which the employer is seeking the services of the
nonimmigrants unless the employer--
(A) <<NOTE: Assessment.>> completes a new assessment
of the local labor market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. <<NOTE: Determinations. Wages.>> The determination of
prevailing wage for the purposes of the H-2B program shall be the
greater of--(1) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic area in
which the H-2B nonimmigrant will be employed, based on the best
information available at the time of filing the petition. In the
determination of prevailing wage for the purposes of the H-2B program,
the Secretary shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available unless the
Secretary determines that the methodology and data in the provided
survey are not statistically supported.
Sec. 111. <<NOTE: Regulations.>> None of the funds in this Act
shall be used to enforce the definition of corresponding employment
found in 20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the H-2B
program, the definition of temporary need shall be that provided in 8
CFR 214.2(h)(6)(ii)(B).
Sec. 112. <<NOTE: Grants. Contracts. Determination.>>
Notwithstanding any other provision of law, the Secretary may furnish
through grants, cooperative agreements, contracts, and other
arrangements, up to $2,000,000 of excess personal property, at a value
determined by the Secretary, to apprenticeship programs for the purpose
of training apprentices in those programs.
Sec. 113. <<NOTE: Applicability.>> (a) The Act entitled ``An Act to
create a Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part of such
Act:
[[Page 138 STAT. 647]]
``SEC. 12. SECURITY DETAIL.
``(a) <<NOTE: Guidelines.>> In General.--The Secretary of Labor is
authorized to employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and to
the members of the immediate family of the Secretary if there is
a unique and articulable threat of physical harm, in accordance
with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or
another senior officer representing the Secretary of Labor at a
public event if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any authority
provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) <<NOTE: Effective date.>> This section shall be effective on the
date of enactment of this Act.
Sec. 114. <<NOTE: Texas.>> The Secretary is authorized to dispose
of or divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job Corps
center, all or a portion of the real property on which the Treasure
Island Job Corps Center and the Gary Job Corps Center are situated. Any
sale or other disposition, to include any associated construction
project, will not be subject to any requirement of any Federal law or
regulation relating to the disposition of Federal real property or
relating to Federal procurement, including but not limited to subchapter
III of chapter 5 of title 40 of the United States Code, subchapter V of
chapter 119 of title 42 of the United States Code, and chapter 33 of
division C of subtitle I of title 41 of the United States Code. The net
proceeds of such a sale shall be transferred
[[Page 138 STAT. 648]]
to the Secretary, which shall be available until expended for such
project to carry out the Job Corps Program on Treasure Island and the
Job Corps Program in and around San Marcos, Texas, respectively.
Sec. 115. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between the
United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the WIOA
are met.
(rescission)
Sec. 116. <<NOTE: Deadline.>> Of the unobligated funds available
under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $206,000,000 are hereby permanently rescinded not later
than September 30, 2024.
(rescission)
Sec. 117. <<NOTE: Time period.>> Of the funds made available under
the heading ``Employment and Training Administration-Training and
Employment Services'' in division H of Public Law 117-328, $75,000,000
are hereby permanently rescinded from the amounts specified in paragraph
(2)(A) under such heading for the period October 1, 2023, through
September 30, 2024.
Sec. 118. <<NOTE: California.>> In the table entitled ``Community
Project Funding/Congressionally Directed Spending'' in the explanatory
statement for division H of Public Law 117-328 described in section 4 in
the matter preceding division A of such Public Law, the item relating to
``Society for the Advancement of Chicanos/Hispanics and Native Americans
in Science, San Jose, CA to create a pipeline from community colleges
into the STEM workforce'' is deemed to be amended by striking ``Society
for the Advancement of Chicanos/Hispanics and Native Americans in
Science'' and inserting ``San Jose State University Research
Foundation''.
Sec. 119. <<NOTE: Georgia. Time periods.>> Funds previously made
available to the Department of Labor in the Consolidated Appropriations
Act, 2016 (Public Law 114-113) in paragraph (2) under the heading
``Department of Labor--Employment and Training Administration--Job
Corps'' that were obligated for the construction of the Atlanta Job
Corps center in Georgia and that were available for initial obligation
through June 30, 2019, are to remain available through fiscal year 2029
for the liquidation of valid obligations incurred from July 1, 2016
through June 30, 2021.
This title may be cited as the ``Department of Labor Appropriations
Act, 2024''.
[[Page 138 STAT. 649]]
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2024.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,858,772,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than $120,000,000
shall be available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,404,376,000: Provided, That section 751(j)(2) of the PHS Act and the
proportional funding amounts in paragraphs (1) through (4) of section
756(f) of the PHS Act shall not apply to funds made available under this
heading: Provided further, <<NOTE: Waiver authority. 42 USC 294a
note.>> That for any program operating under section 751 of the PHS Act
on or before January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') may hereafter waive any
of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B)
of such Act for the full project period of a grant under such section:
Provided further, That section 756(c) of the PHS Act shall apply to
paragraphs (1) through (4) of section 756(a) of such Act: Provided
further, That no funds shall be available for section 340G-1 of the PHS
Act: Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality Improvement
Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act
shall be sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such section and subpart: Provided
further, That $128,600,000 shall remain available until expended for the
purposes of providing primary health services, assigning National Health
Service Corps (``NHSC'') participants to expand the delivery of
substance use disorder treatment services, notwithstanding the
assignment priorities and limitations under sections 333(a)(1)(D),
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, within the amount made available in the previous
proviso, $16,000,000 shall remain available until expended for the
purposes of making payments under the NHSC Loan Repayment Program under
section
[[Page 138 STAT. 650]]
338B of the PHS Act to individuals participating in such program who
provide primary health services in Indian Health Service facilities,
Tribally-Operated 638 Health Programs, and Urban Indian Health Programs
(as those terms are defined by the Secretary), notwithstanding the
assignment priorities and limitations under section 333(b) of such Act:
Provided <<NOTE: Applicability. Definition.>> further, That for purposes
of the previous two provisos, section 331(a)(3)(D) of the PHS Act shall
be applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this heading,
$6,000,000 shall be available to make grants to establish, expand, or
maintain optional community-based nurse practitioner fellowship programs
that are accredited or in the accreditation process, with a preference
for those in Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or behavioral health:
Provided further, That of the funds made available under this heading,
$10,000,000 shall remain available until expended for activities under
section 775 of the PHS Act: Provided further, That the United States
may recover liquidated damages in an amount determined by the formula
under section 338E(c)(1) of the PHS Act if an individual either fails to
begin or complete the service obligated by a contract under section
775(b) of the PHS Act: Provided further, That for purposes of section
775(c)(1) of the PHS Act, the Secretary may include other mental and
behavioral health disciplines as the Secretary deems appropriate:
Provided further, <<NOTE: Termination. Contracts.>> That the Secretary
may terminate a contract entered into under section 775 of the PHS Act
in the same manner articulated in section 206 of this title for fiscal
year 2024 contracts entered into under section 338B of the PHS Act.
Of the funds made available under this heading, $60,000,000 shall
remain available until expended for grants to public institutions of
higher education to expand or support graduate education for physicians
provided by such institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, <<NOTE: Determination.>> That, in awarding such
grants, the Secretary shall give priority to public institutions of
higher education located in States with a projected primary care
provider shortage, as determined by the Secretary: Provided
further, <<NOTE: Determination.>> That grants so awarded are limited to
such public institutions of higher education in States in the top
quintile of States with a projected primary care provider shortage, as
determined by the Secretary: Provided further, That the minimum amount
of a grant so awarded to such an institution shall be not less than
$1,000,000 per year: Provided further, <<NOTE: Time period.>> That
such a grant may be awarded for a period not to exceed 5 years:
Provided further, <<NOTE: Requirement.>> That such a grant awarded with
respect to a year to such an institution shall be subject to a matching
requirement of non-Federal funds in an amount that is not more than 10
percent of the total amount of Federal funds provided in the grant to
such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social
[[Page 138 STAT. 651]]
Security Act, $1,170,430,000: Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, not more than
$210,116,000 shall be available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described in
subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,571,041,000, of which $2,045,630,000 shall
remain available to the Secretary through September 30, 2026, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$165,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $122,009,000, of which $122,000 shall be available until expended
for facility renovations and other facilities-related expenses of the
National Hansen's Disease Program.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$364,607,000, of which $64,277,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, up to
$20,942,000 shall be available for the Small Rural Hospital Improvement
Grant Program for quality improvement and adoption of health information
technology, no less than $5,000,000 shall be available to award grants
to public or non-profit private entities for the Rural Emergency
Hospital Technical Assistance Program, and up to $1,000,000 shall be to
carry out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for the purchase
and implementation of telehealth services and other efforts to improve
health care coordination for rural veterans between rural providers and
the Department of Veterans Affairs: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall be
available for State Offices of Rural Health: Provided further, That
$12,700,000 shall remain available through September 30, 2026, to
support the Rural Residency Development Program: Provided further, That
$145,000,000 shall be for the Rural Communities Opioids Response
Program.
[[Page 138 STAT. 652]]
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000: Provided,
That <<NOTE: Abortion.>> amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of literature)
that in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act and for
cross-cutting activities and program support for activities funded in
other appropriations included in this Act for the Health Resources and
Services Administration, $1,110,376,000, of which $42,050,000 shall be
for expenses necessary for the Office for the Advancement of Telehealth,
including grants, contracts, and cooperative agreements for the
advancement of telehealth activities: Provided, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and ``Rural Health'': Provided further,
That of the amount made available under this heading, $890,788,000 shall
be used for the projects financing the construction and renovation
(including equipment) of health care and other facilities, and for the
projects financing one-time grants that support health-related
activities, including training and information technology, and in the
amounts specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205 of this
Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $15,200,000 shall
be available from the Trust Fund to the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000, to
remain available until expended.
[[Page 138 STAT. 653]]
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, and titles II and IV of the Immigration and Nationality
Act, with respect to immunization and respiratory diseases,
$237,358,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,391,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, and titles II and IV of the Immigration and Nationality Act,
with respect to emerging and zoonotic infectious diseases, $708,272,000:
Provided, That of the amounts made available under this heading, up to
$1,000,000 shall remain available until expended to pay for the
transportation, medical care, treatment, and other related costs of
persons quarantined or isolated under Federal or State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$1,192,647,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act for
not less than 21 States, tribes, or tribal organizations: Provided
further, That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made available under
this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $206,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $711,553,000: Provided, That in addition to
amounts provided herein, $42,944,000 shall be from funds available under
section 241 of the PHS Act for health statistics.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $191,850,000.
[[Page 138 STAT. 654]]
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety and
Health Act, with respect to occupational safety and health,
$362,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $692,843,000, of which: (1) $128,921,000 shall
remain available through September 30, 2025 for international HIV/AIDS;
and (2) $293,200,000 shall remain available through September 30, 2026
for global public health protection: Provided, That funds may be used
for purchase and insurance of official motor vehicles in foreign
countries.
public health preparedness and response
For <<NOTE: Detailees. Notices. Deadline. Reports. Updates. Time
period.>> carrying out titles II, III, XVII, and XXVIII of the PHS Act
with respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $938,200,000: Provided, That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement to support an
activation of the CDC Emergency Operations Center, so long as the
Director or Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives and the
Senate within 15 days of the use of this authority, a full report within
30 days after use of this authority which includes the number of staff
and funding level broken down by the originating center and number of
days detailed, and an update of such report every 180 days until staff
are no longer on detail without reimbursement to the CDC Emergency
Operations Center.
[[Page 138 STAT. 655]]
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $40,000,000,
which shall remain available until expended: Provided, That funds made
available to this account in this or any prior Act that are available
for the acquisition of real property or for construction or improvement
of facilities shall be available to make improvements on non-federally
owned property, provided that any improvements that are not adjacent to
federally owned property do not exceed $2,500,000, and that the primary
benefit of such improvements accrues to CDC: Provided further, That
funds previously set-aside by CDC for repair and upgrade of the Lake
Lynn Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further, That funds
made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities in conjunction with the new replacement mine
safety research facility shall be available to make improvements on non-
federally owned property, provided that any improvements that are not
adjacent to federally owned property do not exceed $5,000,000: Provided
further, That in addition, the prior year unobligated balance of any
amounts assigned to former employees in accounts of CDC made available
for Individual Learning Accounts shall be credited to and merged with
the amounts made available under this heading to support the replacement
of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $503,570,000, of which
$350,000,000 shall remain available through September 30, 2025, for
public health infrastructure and capacity: Provided, That paragraphs
(1) through (3) of subsection (b) of section 2821 of the PHS Act shall
not apply to funds appropriated under this heading and in all other
accounts of the CDC: Provided further, That of the amounts made
available under this heading, $25,000,000, to remain available until
expended, shall be available to the Director of the CDC for deposit in
the Infectious Diseases Rapid Response Reserve Fund established by
section 231 of division B of Public Law 115-245: Provided
further, <<NOTE: Contracts.>> That funds appropriated under this heading
may be used to support a contract for the operation and maintenance of
an aircraft in direct support of activities throughout CDC to ensure the
agency is prepared to address public health preparedness emergencies:
Provided further, <<NOTE: Detailees.>> That employees of CDC or the
Public Health Service, both civilian and commissioned officers, detailed
to States, municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall be treated
as non-Federal employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the Agency, Service,
or HHS during
[[Page 138 STAT. 656]]
the period of detail or assignment: Provided further, That CDC may use
up to $10,000 from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically approved by the
Director of CDC: Provided further, That in addition, such sums as may
be derived from authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided further, That
with respect to the previous proviso, authorized user fees from the
Vessel Sanitation Program and the Respirator Certification Program shall
be available through September 30, 2025.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $7,224,159,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $3,982,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $520,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,310,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,603,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,562,279,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,244,679,000, of which
$1,412,482,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $430,956,000 is provided for the
Institutional Development Awards program.
[[Page 138 STAT. 657]]
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,759,078,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,507,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,187,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $663,200,000.
[[Page 138 STAT. 658]]
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$534,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $497,548,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2025: Provided
further, <<NOTE: Contracts.>> That in fiscal year 2024, the National
Library of Medicine may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health (referred to
in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $928,323,000: Provided, That
$75,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
NIH, $2,592,914,000: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, <<NOTE: Study.>> That
$180,000,000 shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $672,401,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS Act:
Provided further, That
[[Page 138 STAT. 659]]
of the funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the Director of
the NIH: Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the PHS Act: Provided further, That
$80,000,000 shall be used to carry out section 404I of the PHS Act (42
U.S.C. 283k), relating to biomedical and behavioral research facilities:
Provided further, That $5,000,000 shall be transferred to and merged
with the appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH, including agency
efforts to ensure the integrity of its grant application evaluation and
selection processes, and shall be in addition to funds otherwise made
available for oversight of the NIH: Provided further, That amounts made
available under this heading are also available to establish, operate,
and support the Research Policy Board authorized by section 2034(f) of
the 21st Century Cures Act: Provided further, That the funds made
available under this heading for the Office of Research on Women's
Health shall also be available for making grants to serve and promote
the interests of women in research, and the Director of such Office may,
in making such grants, use the authorities available to NIH Institutes
and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of the Internal Revenue Code
of 1986 (26 U.S.C. 9008), for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $350,000,000, to remain available
until expended.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes in the appropriations provided to the NIH in
this Act, $407,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely for the purposes provided in such Act:
Provided further, <<NOTE: Determination.>> That upon a determination by
the Director that funds transferred pursuant to the previous proviso are
not necessary for the purposes provided, such amounts may be transferred
back to the Account: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided by law.
[[Page 138 STAT. 660]]
advanced research projects agency for health
For carrying out section 301 and part J of title IV of the PHS Act
with respect to advanced research projects for health, $1,500,000,000,
to remain available through September 30, 2026.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and the SUPPORT for Patients and Communities Act,
$2,775,507,000: Provided, That of the funds made available under this
heading, $98,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to carry
out subpart I of part B of title XIX of the PHS Act to fund section
1920(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart I of part B of title XIX: Provided
further, That of the funds made available under this heading for subpart
I of part B of title XIX of the PHS Act, at least 5 percent shall be
available to support evidence-based crisis systems: Provided
further, <<NOTE: Grants. Contracts.>> That up to 10 percent of the
amounts made available to carry out the Children's Mental Health
Services program may be used to carry out demonstration grants or
contracts for early interventions with persons not more than 25 years of
age at clinical high risk of developing a first episode of psychosis:
Provided further, That section 520E(b)(2) of the PHS Act shall not apply
to funds appropriated in this Act for fiscal year 2024: Provided
further, That $385,000,000 shall be available until September 30, 2026
for grants to communities and community organizations who meet criteria
for Certified Community Behavioral Health Clinics pursuant to section
223(a) of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to section 241
of such Act: Provided further, That of the funds made available under
this heading, $21,420,000 shall be to carry out section 224 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C.
290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, section 1003 of the 21st
Century Cures Act, and the SUPPORT for Patients and Communities Act,
$4,078,098,000: Provided, That $1,575,000,000 shall be for carrying out
section 1003 of the 21st Century Cures Act: Provided further, That of
such amount in the preceding proviso not less than 4 percent shall be
made available to Indian Tribes or tribal organizations: Provided
further, That in addition to amounts provided herein, the following
amounts shall be available
[[Page 138 STAT. 661]]
under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart
II of part B of title XIX of the PHS Act to fund section 1935(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1935(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart II of part B of title XIX; and (2) $2,000,000
to evaluate substance abuse treatment programs: Provided further, That
none of the funds provided for section 1921 of the PHS Act or State
Opioid Response Grants shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $236,879,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $210,245,000: Provided, That of
the amount made available under this heading, $72,090,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending'' included
for this division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects described in
the preceding proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act: Provided further, That in addition to amounts
provided herein, $31,428,000 shall be available under section 241 of the
PHS Act to supplement funds available to carry out national surveys on
drug abuse and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance activities:
Provided further, <<NOTE: Fees.>> That, in addition, fees may be
collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2025: Provided further, That funds made available
under this heading (other than amounts specified in the first proviso
under this heading) may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act
[[Page 138 STAT. 662]]
of 2003, $369,000,000: Provided, That section 947(c) of the PHS Act
shall not apply in fiscal year 2024: Provided further, That in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
September 30, 2025.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $406,956,850,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2024, for
the last quarter of fiscal year 2024 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2025, $245,580,414,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $476,725,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act;
together with all funds collected in accordance with section 353 of the
PHS Act and section 1857(e)(2) of the Social Security Act, funds
retained by the Secretary pursuant to section 1893(h) of the Social
Security Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this account and
remain available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the PHS Act shall be credited to and available for
carrying
[[Page 138 STAT. 663]]
out the purposes of this appropriation: Provided
further, <<NOTE: Fees.>> That the Secretary is directed to collect fees
in fiscal year 2024 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: Provided further, That
of the amount made available under this heading, $397,334,000 shall
remain available until September 30, 2025, and shall be available for
the Survey and Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose under
this heading in division H of the Consolidated Appropriations Act, 2018
(Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $915,000,000, to remain available through September
30, 2025, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$675,058,000 shall be for the Centers for Medicare & Medicaid Services
program integrity activities, of which $107,735,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3) of
such Act, and of which $132,207,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2024 shall include
measures of the operational efficiency and impact on fraud, waste, and
abuse in the Medicare, Medicaid, and CHIP programs for the funds
provided by this appropriation: Provided further, That of the amount
provided under this heading, $311,000,000 is provided to meet the terms
of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and $604,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(C) of such Act for
additional health care fraud and abuse control activities: Provided
further, That the Secretary shall provide not less than $35,000,000 from
amounts made available under this heading and amounts made available for
fiscal year 2024 under section 1817(k)(3)(A) of the Social Security Act
for the Senior Medicare Patrol program to combat health care fraud and
abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
$3,309,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2025, $1,400,000,000, to
remain available until expended.
For <<NOTE: Time period.>> carrying out, after May 31 of the
current fiscal year, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the
[[Page 138 STAT. 664]]
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $4,025,000,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $9,600,000 may be reserved by the Secretary
for technical assistance, training, and monitoring of program activities
for compliance with internal controls, policies and procedures, and to
supplement funding otherwise available for necessary administrative
expenses to carry out such Act, and the Secretary may, in addition to
the authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations: Provided further, That all but $897,348,000 of the
amount appropriated under this heading shall be allocated as though the
total appropriation for such payments for fiscal year 2024 was less than
$1,975,000,000: Provided further, <<NOTE: State and local
governments. Allocation.>> That, after applying all applicable
provisions of section 2604 of such Act and the previous proviso, each
State or territory that would otherwise receive an allocation that is
less than 97 percent of the amount that it received under this heading
for fiscal year 2023 from amounts appropriated in both division H and in
the second paragraph under this heading in title VIII of division N of
Public Law 117-328 shall have its allocation increased to that 97
percent level, with the portions of other States' and territories'
allocations that would exceed 100 percent of the amounts they
respectively received in such fashion for fiscal year 2023 being ratably
reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$6,327,214,000, of which $6,277,459,000 shall remain available through
September 30, 2026 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided
further, <<NOTE: Applicability.>> That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall apply to
transfers to appropriations under this heading by substituting ``15
percent'' for ``3 percent'': Provided further, That the contribution of
funds requirement under section 235(c)(6)(C)(iii) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
shall not apply to funds made available under this heading: Provided
further, <<NOTE: Determination.>> That for any month in fiscal year
2024 that the number of unaccompanied children referred to the
Department of Health and Human Services pursuant to section
[[Page 138 STAT. 665]]
462 of the Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
exceeds 16,000, as determined by the Secretary of Health and Human
Services, an additional $15,000,000, to remain available until September
30, 2025, shall be made available for obligation for every 500
unaccompanied children above that level (including a pro rata amount for
any increment less than 500), for carrying out such sections 462 and
235: Provided further, That if less than $65,000,000 has been made
available pursuant to the preceding proviso as of September 15, 2024,
then the difference between $65,000,000 and the amount made available
pursuant to such proviso shall become available, and shall remain
available until September 30, 2026, for carrying out such sections 462
and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $8,746,387,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, <<NOTE: Contracts.>> That technical
assistance under section 658I(a)(3) of such Act may be provided
directly, or through the use of contracts, grants, cooperative
agreements, or interagency agreements: Provided further, That all funds
made available to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in such
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act: Provided further, That in addition to the
amounts required to be reserved by the Secretary under section
658O(a)(2)(A) of such Act, $236,152,000 shall be for Indian tribes and
tribal organizations: Provided further, That of the amounts made
available under this heading, the Secretary may reserve up to 0.5
percent for Federal administrative expenses.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For <<NOTE: Grants.>> carrying out, except as otherwise provided,
the Runaway and Homeless Youth Act, the Head Start Act, the Every
Student Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and Services Act,
the Native American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978 (adoption
opportunities), part B-1 of title IV and sections 429, 473A, 477(i),
1110, 1114A, and 1115 of the Social Security Act, and the Community
Services Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI,
and XX-A of the Social Security Act,
[[Page 138 STAT. 666]]
the Act of July 5, 1960, and the Low-Income Home Energy Assistance Act
of 1981, $14,829,100,000, of which $75,000,000, to remain available
through September 30, 2025, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section 473A of
the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2024: Provided, That
$12,271,820,000 shall be for making payments under the Head Start Act,
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $275,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall not
be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under the
Designation Renewal System, established under the authority of
sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and
such funds shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is used in
section 640(a)(7)(A) of such Act;
(3) $8,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent with
section 648(g) of such Act; and
(4) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, <<NOTE: Reduction.>> That the Secretary may reduce
the reservation of funds under section 640(a)(2)(C) of such Act in lieu
of reducing the reservation of funds under sections 640(a)(2)(B),
640(a)(2)(D), and 640(a)(2)(E) of such Act: Provided further, That
$315,000,000 shall be available until December 31, 2024 for carrying out
sections 9212 and 9213 of the Every Student Succeeds Act: Provided
further, That up to 3 percent of the funds in the preceding proviso
shall be available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further, That
$804,383,000 shall be for making payments under the CSBG Act: Provided
further, <<NOTE: State and local governments. Applicability.>> That for
services furnished under the CSBG Act with funds made available for such
purpose in this fiscal year and in fiscal year 2023, States may apply
the last sentence of section 673(2) of the CSBG Act by substituting
``200 percent'' for ``125 percent'': Provided further, That $34,383,000
shall be for section 680 of the CSBG Act, of which not less than
$22,383,000 shall be for section 680(a)(2) and not less than $12,000,000
shall be for section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the extent
Community Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under such Act, and have not
been expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided
further, <<NOTE: Procedures. Time period. 42 USC 9921 note.>> That the
Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such grantees
after a period of not more
[[Page 138 STAT. 667]]
than 12 years after the end of the grant period for any activity
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, <<NOTE: 42 USC 9921 note.>> That intangible assets in the form
of loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided
further, <<NOTE: Applicability. 42 USC 9921 note.>> That these
procedures shall apply to such grant funds made available after November
29, 1999: Provided further, That funds appropriated for section
680(a)(2) of the CSBG Act shall be available for financing construction
and rehabilitation and loans or investments in private business
enterprises owned by community development corporations: Provided
further, That $240,000,000 shall be for carrying out section 303(a) of
the Family Violence Prevention and Services Act, of which $7,000,000
shall be allocated notwithstanding section 303(a)(2) of such Act for
carrying out section 309 of such Act: Provided further, That the
percentages specified in section 112(a)(2) of the Child Abuse Prevention
and Treatment Act shall not apply to funds appropriated under this
heading: Provided further, That $1,864,000 shall be for a human
services case management system for federally declared disasters, to
include a comprehensive national case management contract and Federal
costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness: Provided further,
That $40,011,000 shall be used for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205 of this
Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $72,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $10,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act and $2,750,000, in addition to funds otherwise
appropriated in section 476 for such purposes, shall be for the Family
First Clearinghouse and to support evaluation and technical assistance
relating to the evaluation of child and family services: Provided
further, <<NOTE: Applicability.>> That section 437(b)(1) shall be
applied to amounts in the previous proviso by substituting ``5 percent''
for ``3.3 percent'', and notwithstanding section 436(b)(1), such
reserved amounts may be used for identifying, establishing, and
disseminating practices to meet the criteria specified in section
471(e)(4)(C): Provided further, That the reservation in section
437(b)(2) and the limitations in section 437(d) shall
[[Page 138 STAT. 668]]
not apply to funds specified in the second proviso: Provided further,
That the minimum grant award for kinship navigator programs in the case
of States and territories shall be $200,000, and, in the case of tribes,
shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $8,594,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2025,
$3,400,000,000.
For <<NOTE: Effective date. Time period.>> carrying out, after May
31 of the current fiscal year, except as otherwise provided, section 474
of title IV-E of the Social Security Act, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with respect
to such titles) of the Rehabilitation Act of 1973, and for Department-
wide coordination of policy and program activities that assist
individuals with disabilities, $2,465,100,000, together with $55,242,000
to be transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
of amounts made available under this heading to carry out sections 311,
331, and 336 of the OAA, up to one percent of such amounts shall be
available for developing and implementing evidence-based practices for
enhancing senior nutrition, including medically-tailored meals:
Provided further, That notwithstanding any other provision of this Act,
funds made available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in accordance
with such section: Provided further, <<NOTE: Grants. Native
Americans.>> That up to 5 percent of the funds provided for adult
protective services grants under section 2042 of title XX of the Social
Security Act may be used to make grants to Tribes and tribal
organizations: Provided further, That $2,000,000 shall be for
competitive grants to support alternative financing programs that
provide for the purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving loan fund;
a loan guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information describing
the manner in which, the alternative
[[Page 138 STAT. 669]]
financing program will expand and emphasize consumer choice and control:
Provided further, That State agencies and community-based disability
organizations that are directed by and operated for individuals with
disabilities shall be eligible to compete: Provided
further, <<NOTE: Notice. Deadline.>> That none of the funds made
available under this heading may be used by an eligible system (as
defined in section 102 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and Assistance and
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable
to a mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of State
operated intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically awarded
authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise such
rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State or subject
to public guardianship: Provided further, That of the amount made
available under this heading, $29,268,000 shall be used for the
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects described in
the preceding proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act.
Administration for Strategic Preparedness and Response
research, development, and procurement
For carrying out title III and subtitles A and B of title XXVIII of
the PHS Act, with respect to the research, development, storage,
production, and procurement of medical countermeasures to counter
potential chemical, biological, radiological, and nuclear threats to
civilian populations, $3,135,000,000: Provided, That of such amount:
(1) $1,015,000,000, to remain available through September
30, 2025, shall be for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS Act
and other administrative expenses of the Biomedical Advanced
Research and Development Authority;
(2) $825,000,000, to remain available until expended, shall
be for expenses necessary for procuring security countermeasures
(as defined in section 319F-2(c)(1)(B) of the PHS Act);
[[Page 138 STAT. 670]]
(3) $980,000,000, to remain available until expended, shall
be for expenses necessary to carry out section 319F-2(a) of the
PHS Act; and
(4) $315,000,000 shall be for expenses necessary to prepare
for or respond to an influenza pandemic, of which $280,000,000
shall remain available until expended for activities including
the development and purchase of vaccines, antivirals, necessary
medical supplies, diagnostics, and surveillance tools:
Provided, That notwithstanding section 496(b) of the PHS Act,
funds allocated under this paragraph may be used for the
construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics,
if the Secretary finds such construction or renovation necessary
to secure sufficient supplies of such vaccines or biologics:
Provided further, That funds provided under this heading for purposes
of acquisition of security countermeasures shall be in addition to any
other funds made available for such purposes: Provided further, That
products purchased with funds made available under this heading may, at
the discretion of the Secretary, be deposited in the Strategic National
Stockpile pursuant to section 319F-2 of the PHS Act.
operations, preparedness, and emergency response
For carrying out titles III, XII, and subtitles A and B of title
XXVIII of the PHS Act, operations and emergency response activities
related to countering potential chemical, biological, radiological, and
nuclear threats and other public health emergencies, $499,606,000:
Provided, That of the amounts made available under this heading,
$5,000,000 shall remain available through September 30, 2026, to support
emergency operations: Provided further, That of the amounts made
available under this heading, $15,000,000 shall remain available through
September 30, 2025, to support coordination of the development,
production, and distribution of vaccines, therapeutics, and other
medical countermeasures: Provided further, That of the amounts made
available under this heading, $10,000,000 shall remain available until
September 30, 2025, for advanced research and development,
manufacturing, production, procurement, distribution, and the
acquisition, construction, alteration, or renovation of non-federally
owned facilities for the production and purchase of medical
countermeasures, which may include the development, translation, and
demonstration at scale of innovations in manufacturing platform.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act, $537,144,000,
together with $64,828,000 from the amounts available under section 241
of the PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount, $60,000,000
shall be for
[[Page 138 STAT. 671]]
minority AIDS prevention and treatment activities: Provided further,
That of the funds made available under this heading, $101,000,000 shall
be for making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of which not
more than 10 percent of the available funds shall be for training and
technical assistance, evaluation, outreach, and additional program
support activities, and of the remaining amount 75 percent shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, and 25
percent shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available under
section 241 of the PHS Act, $6,800,000 shall be available to carry out
evaluations (including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds made
available under this heading, $35,000,000 shall be for making
competitive grants which exclusively implement education in sexual risk
avoidance (defined as voluntarily refraining from non-marital sexual
activity): Provided further, <<NOTE: Sexual risk avoidance.>> That
funding for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications
by educational, scientific, governmental, or health organizations;
implement an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and desired outcomes
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion, dating
violence, and other youth risk behaviors such as underage drinking or
illicit drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs:
Provided further, <<NOTE: Embryo adoption.>> That funds provided in
this Act for embryo adoption activities may be used to provide to
individuals adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such adoptions:
Provided further, That such services shall be provided consistent with
42 CFR 59.5(a)(4): Provided further, That of the funds made available
under this heading, $5,000,000 shall be for carrying out prize
competitions sponsored by the Office of the Secretary to accelerate
innovation in the prevention, diagnosis, and treatment of kidney
diseases (as authorized by section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719)).
In addition, for expenses necessary to carry out title II of the PHS
Act to support, except as otherwise provided, activities related to
safeguarding classified national security information and providing
intelligence and national security support across the Department and to
counter cybersecurity threats to civilian populations, $108,983,000.
[[Page 138 STAT. 672]]
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $196,000,000 shall remain available until
September 30, 2025, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $69,238,000 shall be from
amounts made available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$87,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228: Provided further, That of the
amount appropriated under this heading, necessary sums shall be
available for carrying out activities authorized under section 3022 of
the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights, $39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. <<NOTE: Reports.>> None of the funds appropriated in
this Act may be expended pursuant to section 241 of the PHS Act, except
for
[[Page 138 STAT. 673]]
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. <<NOTE: Determination. Evaluation.>> Notwithstanding
section 241(a) of the PHS Act, such portion as the Secretary shall
determine, but not more than 2.5 percent, of any amounts appropriated
for programs authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the implementation
and effectiveness of programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notifications. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 206. <<NOTE: Time period. Contracts.>> In lieu of the
timeframe specified in section 338E(c)(2) of the PHS Act, terminations
described in such section may occur up to 60 days after the effective
date of a contract awarded in fiscal year 2024 under section 338B of
such Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. <<NOTE: Certification. Children, youth, and
families. Family planning.>> None of the funds appropriated in this Act
may be made available to any entity under title X of the PHS Act unless
the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 208. <<NOTE: Child abuse.>> Notwithstanding any other
provision of law, no provider of services under title X of the PHS Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.
Sec. 209. <<NOTE: Abortion.>> None of the funds appropriated by
this Act (including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary denies
participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the expected
costs of providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to change the
Medicare program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
[[Page 138 STAT. 674]]
Sec. 210. <<NOTE: Gun control.>> None of the funds made available
in this title may be used, in whole or in part, to advocate or promote
gun control.
Sec. 211. <<NOTE: Government employees. Children, youth, and
families. AIDS.>> The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. <<NOTE: HIV/AIDS.>> In order for HHS to carry out
international health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health activities
abroad during fiscal year 2024:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of
1956. <<NOTE: Consultation.>> The Secretary shall consult with
the Secretary of State and relevant Chief of Mission to ensure
that the authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign Service Act of
1980 and other applicable statutes administered by the
Department of State.
(2) <<NOTE: Reimbursement.>> The Secretary is authorized to
provide such funds by advance or reimbursement to the Secretary
of State as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of facilities
outside of the United States for the use of
HHS. <<NOTE: Compliance.>> The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The <<NOTE: Grants. Contracts. Nonprofits.>> Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. <<NOTE: Payments.>> The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such personnel under section 5304 of title 5, United
States Code if such personnel's official duty station were in
the District of Columbia. Leaves of absence for personnel under
this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code,
or section 903 of the Foreign Service Act of 1980, to
individuals serving in the Foreign Service.
[[Page 138 STAT. 675]]
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, <<NOTE: Notifications. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. <<NOTE: Determination.>> Of the amounts made available
in this Act for NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of NIH and
the Director of the Office of AIDS Research, shall be made available to
the ``Office of AIDS Research'' account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out research
identified pursuant to or research and activities described in such
section 402(b)(12).
(b) <<NOTE: Procedures. Assessments.>> Peer Review.--In entering
into transactions under subsection (a), the Director may utilize such
peer review procedures (including consultation with appropriate
scientific experts) as the Director determines to be appropriate to
obtain assessments of scientific and technical
merit. <<NOTE: Applicability.>> Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. <<NOTE: Contracts.>> (a) The Biomedical Advanced Research
and Development Authority (``BARDA'') may enter into a contract, for
more than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-
6b(c)(1)(B)), if--
[[Page 138 STAT. 676]]
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) <<NOTE: Determination.>> the Secretary determines that
a multi-year contract will serve the best interests of the
Federal Government by encouraging full and open competition or
promoting economy in administration, performance, and operation
of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. <<NOTE: Publication. Web posting.>> (a) The Secretary
shall publish in the fiscal year 2025 budget justification and on
Departmental Web sites information concerning the employment of full-
time equivalent Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying out the
provisions of the ACA, and the amendments made by that Act, in the
proposed fiscal year and each fiscal year since the enactment of the
ACA.
(b) <<NOTE: Contracts.>> With respect to employees or contractors
supported by all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall include, at a
minimum, the following information:
(1) <<NOTE: Statement.>> For each such fiscal year, the
section of such Act under which such funds were appropriated, a
statement indicating the program, project, or activity receiving
such funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. <<NOTE: Publication.>> The Secretary shall publish, as
part of the fiscal year 2025 budget of the President submitted under
section 1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare &
Medicaid Services specifically for Health Insurance Exchanges for each
fiscal year since the enactment of the ACA and the proposed uses for
such funds for fiscal year 2025. Such information shall include, for
each such fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange Transparency''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
[[Page 138 STAT. 677]]
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. <<NOTE: Deadline.>> (a) Within 45 days of enactment of
this Act, the Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts specified, and
for the activities specified under the heading ``Prevention and Public
Health Fund'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. <<NOTE: Time period.>> Effective during the period
beginning on November 1, 2015 and ending January 1, 2026, any provision
of law that refers (including through cross-reference to another
provision of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary
involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect
to breast cancer screening, mammography, and prevention last
issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of the
Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. <<NOTE: Applicability.>> In making Federal financial
assistance, the provisions relating to indirect costs in part 75 of
title 45, Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to apply to
the National Institutes of Health to the same extent and in the same
manner as such provisions were applied in the third quarter of fiscal
year 2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human Services
or to any department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect of such
approvals in such quarter.
(transfer of funds)
Sec. 225. <<NOTE: Opioids. Time period. Notifications.>> The NIH
Director may transfer funds for opioid addiction, opioid alternatives,
stimulant misuse and addiction, pain management, and addiction treatment
to other Institutes and Centers of the NIH to be used for the same
purpose 15 days after notifying the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That the transfer
authority
[[Page 138 STAT. 678]]
provided in the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. <<NOTE: Notifications.>> (a) The Secretary shall provide
to the Committees on Appropriations of the House of Representatives and
the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act
of 2010 pertaining to enrollments during the open enrollment
period; and
(2) <<NOTE: Grants.>> Notification of any new or
competitive grant awards, including supplements, authorized
under section 330 of the Public Health Service Act.
(b) <<NOTE: Time period.>> The Committees on Appropriations of the
House and Senate must be notified at least 2 business days in advance of
any public release of enrollment information or the award of such
grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $455,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. <<NOTE: Reports.>> The Department of Health and Human
Services shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and Human
Services shall also be available to pay travel and related expenses of
such an employee or of a member of his or her family, when such employee
is assigned to duty, in the United States or in a U.S. territory, during
a period and in a location that are the subject of a determination of a
public health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately addressed in that
location at that time. <<NOTE: Definition.>> For purposes of this
section, the term ``U.S. territory'' means Guam, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American
Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. <<NOTE: Donations. Alien children.>> The Department of
Health and Human Services may accept donations from the private sector,
nongovernmental organizations, and other groups independent of the
Federal Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in the care of the Office of Refugee Resettlement of
the Administration for Children and Families, including medical goods
and services, which may include early childhood developmental
screenings, school supplies, toys, clothing, and any other items
intended to promote the wellbeing of such children.
[[Page 138 STAT. 679]]
Sec. 231. <<NOTE: Contracts. Alien children. Determination. Time
periods.>> None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be obligated
to a grantee or contractor to house unaccompanied alien children (as
such term is defined in section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the case that
the Secretary determines that housing unaccompanied alien children in
such a facility is necessary on a temporary basis due to an influx of
such children or an emergency, provided that--
(1) <<NOTE: Requirements. Compliance.>> the terms of the
grant or contract for the operations of any such facility that
remains in operation for more than six consecutive months shall
require compliance with--
(A) <<NOTE: Determination.>> the same requirements
as licensed placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) <<NOTE: Waiver authority. Certification. Reports.>> the
Secretary may grant a 60-day waiver for a contractor's or
grantee's non-compliance with paragraph (1) if the Secretary
certifies and provides a report to Congress on the contractor's
or grantee's good-faith efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three months
of operation, with quarterly monitoring visits thereafter; and
(6) <<NOTE: Deadline. Briefing.>> not later than 60 days
after the date of enactment of this Act, ORR shall brief the
Committees on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in paragraph (1)(A)
that the Secretary has determined are not applicable to non-
State licensed facilities.
Sec. 232. <<NOTE: Notification. Time periods. Analysis. Alien
children. 6 USC 279 note.>> In addition to the existing Congressional
notification for formal site assessments of potential influx facilities,
the Secretary shall notify the Committees on Appropriations of the House
of Representatives and the Senate at least 15 days before
operationalizing an unlicensed facility, and shall (1) specify whether
the facility is hard-sided or soft-sided, and (2) provide analysis that
indicates that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in the custody
of the Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in
danger. <<NOTE: Reports.>> Within 60 days of bringing such a facility
online,
[[Page 138 STAT. 680]]
and monthly thereafter, the Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a report
detailing the total number of children in care at the facility, the
average length of stay and average length of care of children at the
facility, and, for any child that has been at the facility for more than
60 days, their length of stay and reason for delay in release.
Sec. 233. <<NOTE: Congress. Alien children. Time period.>> None of
the funds made available in this Act may be used to prevent a United
States Senator or Member of the House of Representatives from entering,
for the purpose of conducting oversight, any facility in the United
States used for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), provided
that such Senator or Member has coordinated the oversight visit with the
Office of Refugee Resettlement not less than two business days in
advance to ensure that such visit would not interfere with the
operations (including child welfare and child safety operations) of such
facility.
Sec. 234. <<NOTE: Public information. Web posting. Reports. Alien
children. 6 USC 279 note.>> Not later than 14 days after the date of
enactment of this Act, and monthly thereafter, the Secretary shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate, and make publicly available online, a
report with respect to children who were separated from their parents or
legal guardians by the Department of Homeland Security (DHS) (regardless
of whether or not such separation was pursuant to an option selected by
the children, parents, or guardians), subsequently classified as
unaccompanied alien children, and transferred to the care and custody of
ORR during the previous month. Each report shall contain the following
information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 235. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
Sec. 236. Section 231 of division B of the Department of Defense
and Labor, Health and Human Services, and Education Appropriations Act,
2019 and Continuing Appropriations Act, 2019 (42 U.S.C. 247d-4a) is
amended by striking the fifth, sixth, and seventh provisos and inserting
the following: ``Provided further, <<NOTE: Time
period. Notifications. Spend plan. Cost estimates.>> That the Director
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate, at least 7 days in advance of any
transfer or obligation of funds made under the authority provided in
this section, both a notification on the anticipated uses of funds by
program, project, or activity; and a detailed spend plan of anticipated
uses of funds, including estimated personnel and administrative costs,
disaggregated by program, project, or activity: Provided
further, <<NOTE: Updates. Time period.>> That such spend plans shall be
updated to include all applicable obligations to date and unobligated
amounts
[[Page 138 STAT. 681]]
and submitted quarterly to such Committees on Appropriations until such
funds are fully expended:''.
Sec. 237. Title VIII of division B of the CARES Act (Public Law
116-136) <<NOTE: 42 USC 247d-4a note.>> is amended, under the heading
``Department of Health and Human Services--Centers for Disease Control
and Prevention--CDC-Wide Activities and Program Support'' by striking
the ninth proviso.
Sec. 238. <<NOTE: Native Americans. Criteria. Children, youth, and
families. 42 USC 9840 note.>> In this fiscal year and each fiscal year
thereafter, notwithstanding the income eligibility requirements of
subsections (a) and paragraphs (1) and (2) of subsection (d) of section
645 of the Head Start Act and income eligibility criteria and allowances
prescribed in regulations, an Indian tribe that operates a Head Start
program may, at its discretion, establish selection criteria, including
criteria to prioritize children in families for which a child, a family
member, or a member of the same household, is a member of an Indian
tribe, to enroll children who would benefit from the Head Start program.
Sec. 239. <<NOTE: Criteria. Children, youth, and families. Migrant
farmworkers. 42 USC 9840 note.>> In this fiscal year and each fiscal
year thereafter, notwithstanding the income eligibility requirements of
subsection (a) of section 645 of the Head Start Act and income
eligibility criteria and allowances prescribed in regulations, an agency
that operates a migrant or seasonal Head Start program may, at its
discretion, establish selection criteria to enroll children who would
benefit from the Head Start program, giving priority to children of
migrant farmworker families: Provided, That such selection criteria
shall limit that enrollment to children who have at least one family
member whose income comes primarily from agricultural employment as
defined in section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802).
(rescission)
Sec. 240. <<NOTE: Deadline.>> Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $1,250,000,000 are hereby rescinded not later
than September 30, 2024.
(rescission)
Sec. 241. Of the unobligated balances from amounts made available
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Children and Families Services
Programs'' in division H of the Consolidated Appropriations Act, 2023
(Public Law 117-328) for grants to States for incentive payments, as
defined by section 473A of the Social Security Act, $70,000,000 are
hereby rescinded.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2024''.
TITLE III <<NOTE: Department of Education Appropriations Act, 2024.>>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education
[[Page 138 STAT. 682]]
Act of 1965 (referred to in this Act as ``HEA''), $19,107,790,000, of
which $8,179,490,000 shall become available on July 1, 2024, and shall
remain available through September 30, 2025, and of which
$10,841,177,000 shall become available on October 1, 2024, and shall
remain available through September 30, 2025, for academic year 2024-
2025: Provided, That $6,459,401,000 shall be for basic grants under
section 1124 of the ESEA: Provided further, That up to $5,000,000 of
these funds shall be available to the Secretary of Education (referred
to in this title as ``Secretary'') on October 1, 2023, to obtain
annually updated local educational agency-level census poverty data from
the Bureau of the Census: Provided further, That $1,362,301,000 shall
be for concentration grants under section 1124A of the ESEA: Provided
further, That $5,292,550,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $5,292,550,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $224,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $52,123,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,625,151,000, of
which $1,474,000,000 shall be for basic support payments under section
7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $19,000,000 shall be for
construction under section 7007(a), $79,000,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2023-2024, children enrolled in a school of such agency
that would otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or legal
guardians, or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal guardian
while on active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer eligible
under such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance at a
school in the same local educational agency they attended prior to their
change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; and the Civil Rights Act
of 1964, $5,776,178,000, of which $3,947,312,000 shall become available
on July 1, 2024, and remain available through September 30, 2025, and of
which $1,681,441,000 shall become available on October 1, 2024, and
shall remain available through September 30, 2025, for academic year
2024-2025: Provided, That $380,000,000 shall be for part B of title I:
Provided
[[Page 138 STAT. 683]]
further, That $1,329,673,000 shall be for part B of title IV: Provided
further, <<NOTE: Applicability.>> That $45,897,000 shall be for part B
of title VI, which may be used for construction, renovation, and
modernization of any public elementary school, secondary school, or
structure related to a public elementary school or secondary school that
serves a predominantly Native Hawaiian student body, and that the 5
percent limitation in section 6205(b) of the ESEA on the use of funds
for administrative purposes shall apply only to direct administrative
costs: Provided further, <<NOTE: Applicability.>> That $44,953,000
shall be for part C of title VI, which shall be awarded on a competitive
basis, and may be used for construction, and that the 5 percent
limitation in section 6305 of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs:
Provided further, That $50,000,000 shall be available to carry out
section 203 of the Educational Technical Assistance Act of 2002 and the
Secretary shall make such arrangements as determined to be necessary to
ensure that the Bureau of Indian Education has access to services
provided under this section: Provided further, That $220,000,000 shall
be for part B of title V: Provided further, That in carrying out such
part B the percentage in section 316(b)(1)(D) of title III of division H
of Public Law 116-260 shall be deemed 83.33 percent: Provided further,
That $1,380,000,000 shall be available for grants under subpart 1 of
part A of title IV: Provided further, That funds provided by Public Law
117-328 and this Act for subpart B of title VII of the McKinney-Vento
Homeless Assistance Act shall be available for expenditure by
educational agencies and institutions for an additional fiscal year
following the succeeding fiscal year provided by subsection 421(b)(1) of
the General Education Provisions Act.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $194,746,000, of which
$72,000,000 shall be for subpart 2 of part A of title VI and $12,365,000
shall be for subpart 3 of part A of title VI: Provided,
That <<NOTE: Applicability.>> the 5 percent limitation in sections
6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs:
Provided further, That <<NOTE: Time period.>> grants awarded under
sections 6132 and 6133 of the ESEA with funds provided under this
heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3, and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
of title IV of the ESEA, $1,115,000,000: Provided, That $173,000,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241: Provided
further, That $683,000,000 shall be for parts C, D, and E and subpart 4
of part F of title IV, and shall be made available without regard to
sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available for part
C of title IV: Provided further, That of the funds available for part C
of title IV, the Secretary shall use not less than $60,000,000 to carry
out section 4304, not more than $140,000,000, to remain
[[Page 138 STAT. 684]]
available through March 31, 2025, to carry out section 4305(b), from
which the amount necessary for continuation grants may be available for
obligation through March 31, 2025, and not more than $16,000,000 to
carry out the activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $259,000,000 shall be available through
December 31, 2024 for subpart 1 of part F of title IV: Provided
further, That of the funds available for subpart 4 of part F of title
IV, not less than $8,000,000 shall be used for continuation grants for
eligible national nonprofit organizations, as described in the
Applications for New Awards; Assistance for Arts Education Program
published in the Federal Register on May 31, 2022, for activities
described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part F
of title IV of the ESEA, $457,000,000, to remain available through
December 31, 2024: Provided, That $216,000,000 shall be available for
section 4631, of which up to $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to Violence
(Project SERV) program: Provided further, That $150,000,000 shall be
available for section 4625: Provided further, That $91,000,000 shall be
for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $890,000,000,
which shall become available on July 1, 2024, and shall remain available
through September 30, 2025, except that 6.5 percent of such amount shall
be available on October 1, 2023, and shall remain available through
September 30, 2025, to carry out activities under section 3111(c)(1)(C).
Special Education <<NOTE: State and local governments.>>
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$15,467,264,000, of which $5,890,321,000 shall become available on July
1, 2024, and shall remain available through September 30, 2025, and of
which $9,283,383,000 shall become available on October 1, 2024, and
shall remain available through September 30, 2025, for academic year
2024-2025: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2023, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2023: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under
[[Page 138 STAT. 685]]
this part, and 15 percent to States on the basis of the States' relative
populations of those children who are living in poverty: Provided
further, That the Secretary may not distribute any funds under the
previous proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such a
distribution: Provided further, <<NOTE: Allocation.>> That the States
shall allocate such funds distributed under the second proviso to local
educational agencies in accordance with section 611(f): Provided
further, <<NOTE: Reduction. 20 USC 1411 note.>> That the amount by
which a State's allocation under section 611(d) of the IDEA is reduced
under section 612(a)(18)(B) and the amounts distributed to States under
the previous provisos in fiscal year 2012 or any subsequent year shall
not be considered in calculating the awards under section 611(d) for
fiscal year 2013 or for any subsequent fiscal years: Provided
further, <<NOTE: Applicability. Time period.>> That, notwithstanding
the provision in section 612(a)(18)(B) regarding the fiscal year in
which a State's allocation under section 611(d) is reduced for failure
to comply with the requirement of section 612(a)(18)(A), the Secretary
may apply the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, <<NOTE: 20 USC 1411 note.>> That the
Secretary may, in any fiscal year in which a State's allocation under
section 611 is reduced in accordance with section 612(a)(18)(B), reduce
the amount a State may reserve under section 611(e)(1) by an amount that
bears the same relation to the maximum amount described in that
paragraph as the reduction under section 612(a)(18)(B) bears to the
total allocation the State would have received in that fiscal year under
section 611(d) in the absence of the reduction: Provided
further, <<NOTE: Reduction. 20 USC 1411 note.>> That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of the
General Education Provisions Act (20 U.S.C. 1234a): Provided further,
That the funds reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618 and to
administer and carry out other services and activities to improve data
collection, coordination, quality, and use under parts B and C of the
IDEA: Provided further, <<NOTE: Evaluation.>> That the Secretary may
use funds made available for the State Personnel Development Grants
program under part D, subpart 1 of IDEA to evaluate program performance
under such subpart: Provided further, <<NOTE: Grants.>> That States
may use funds reserved for other State-level activities under sections
611(e)(2) and 619(f) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities authorized by
those sections: Provided further, <<NOTE: Grants.>> That,
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States
apply for grants pursuant to section 643(e) of such Act, the Secretary
shall provide a grant to each State in an amount equal to the maximum
amount described in section 643(e)(2)(B) of such Act: Provided
further, <<NOTE: Grants.>> That if more than 5 States apply for grants
pursuant to section 643(e) of the IDEA, the Secretary shall award funds
to those States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive a grant in
excess of the
[[Page 138 STAT. 686]]
amount described in section 643(e)(2)(B) of such Act: Provided
further, <<NOTE: Grants.>> That States may use funds allotted under
section 643(c) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities authorized by
section 638 of IDEA: Provided further, That, notwithstanding section
638 of the IDEA, a State may use funds it receives under section 633 of
the IDEA to offer continued early intervention services to a child who
previously received services under part C of the IDEA from age 3 until
the beginning of the school year following the child's third birthday
with parental consent and without regard to the procedures in section
635(c) of the IDEA.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$4,397,033,000, of which $4,253,834,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act,
and unobligated balances from title III of the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2023, (division H of Public Law 117-328), that
remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities, including related Federal administrative expenses, for
improving monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation Act, and
information technology needs under section 15 and titles I, III, VI, and
VII of the Rehabilitation Act: Provided further, <<NOTE: Evaluation.>>
That up to 15 percent of the amounts available subsequent to reallotment
for the activities described in the first proviso from funds provided
under this paragraph in this Act, may be used for evaluation and
technical assistance related to such activities: Provided further, That
any funds made available subsequent to reallotment for the activities
described in the first proviso may be provided to States and other
public, private and nonprofit entities, including Indian tribes and
institutions of higher education for carrying out such activities:
Provided further, <<NOTE: Grants.>> That States and other public and
nonprofit entities, including Indian tribes and institutions of higher
education may award subgrants for a portion of the funds to other
eligible entities: Provided further, That any funds provided in this
Act and made available subsequent to reallotment for the purposes
described in the first proviso shall remain available until September
30, 2025: Provided further, That the Secretary may transfer funds
provided in this Act and made available subsequent to the reallotment of
funds to States pursuant to section 110(b) of the Rehabilitation Act to
``Institute of Education Sciences'' for the evaluation of outcomes for
students receiving services and supports under IDEA and under title I,
section 504 of title V, and title VI of the Rehabilitation Act:
Provided further, That the transfer authority in the preceding proviso
is in addition to any other transfer authority in this Act.
[[Page 138 STAT. 687]]
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $92,500,000: Provided,
That from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$167,361,000, of which up to $15,000,000, to remain available until
expended, shall be for construction, as defined by section 201(2) of
such Act: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and
the Adult Education and Family Literacy Act (``AEFLA''), $2,181,436,000,
of which $1,390,436,000 shall become available on July 1, 2024, and
shall remain available through September 30, 2025, and of which
$791,000,000 shall become available on October 1, 2024, and shall remain
available through September 30, 2025: Provided, That up to $6,100,000
shall be available for innovation and modernization grants under such
section 114(e) of the Perkins Act: Provided further, That of the
amounts made available for AEFLA, $13,712,000 shall be for national
leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,615,352,000 which shall remain available
through September 30, 2025.
<<NOTE: 20 USC 1070a note.>> The maximum Pell Grant for which a
student shall be eligible during award year 2024-2025 shall be $6,335.
Student Aid Administration <<NOTE: Loans. Contracts.>>
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,058,943,000, to remain available through
September 30, 2025: Provided, <<NOTE: Allocations.>> That the
Secretary shall allocate new student loan borrower accounts to eligible
student loan servicers on the basis of their past performance compared
to all loan servicers utilizing established common metrics,
[[Page 138 STAT. 688]]
and on the basis of the capacity of each servicer to process new and
existing accounts: Provided further, That in order to promote
accountability and high-quality service to borrowers, the Secretary
shall not award funding for any contract solicitation for a new Federal
student loan servicing environment, including the solicitation for the
Federal Student Aid (FSA) Next Generation Processing and Servicing
Environment, unless such an environment provides for the participation
of multiple student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of borrower
accounts and the full life-cycle of loans from disbursement to pay-off
with certain limited exceptions, and allocates student loan borrower
accounts to eligible student loan servicers based on performance:
Provided further, <<NOTE: Reallocation.>> That the Department shall re-
allocate accounts from servicers for recurring non-compliance with FSA
guidelines, contractual requirements, and applicable laws, including for
failure to sufficiently inform borrowers of available repayment options:
Provided further, <<NOTE: Evaluations. Requirements. Compliance.>>
That such servicers shall be evaluated based on their ability to meet
contract requirements (including an understanding of Federal and State
law), future performance on the contracts, and history of compliance
with applicable consumer protections laws: Provided further, That to
the extent FSA permits student loan servicing subcontracting, FSA shall
hold prime contractors accountable for meeting the requirements of the
contract, and the performance and expectations of subcontractors shall
be accounted for in the prime contract and in the overall performance of
the prime contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any new Federal
loan servicing environment, incentivize more support to borrowers at
risk of delinquency or default: Provided further, That FSA shall ensure
that in such environment contractors have the capacity to meet and are
held accountable for performance on service levels; are held accountable
for and have a history of compliance with applicable consumer protection
laws; and have relevant experience and demonstrated effectiveness:
Provided further, <<NOTE: Time period. Briefings.>> That the Secretary
shall provide quarterly briefings to the Committees on Appropriations
and Education and the Workforce of the House of Representatives and the
Committees on Appropriations and Health, Education, Labor, and Pensions
of the Senate on general progress related to implementation of Federal
student loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of aggregate data
on student loan and servicer performance: Provided further, That
$25,000,000 shall be for ensuring the continuation of student loan
servicing activities, including supporting borrowers reentering
repayment: Provided further, <<NOTE: Applicability.>> That the
limitation in section 302 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations under this
heading by substituting ``10 percent'' for ``3 percent'' for the
purposes of the continuation of basic operations, including student loan
servicing, business process operations, digital customer care, common
origination and disbursement, cybersecurity activities, and information
technology systems: Provided further, That <<NOTE: Deadlines. Spend
plan. Time period. Updates.>> not later than 45 days after enactment of
this Act, FSA shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a detailed spend plan of
anticipated uses of funds made available in this account for fiscal year
2024 and provide quarterly updates on this plan (including contracts
[[Page 138 STAT. 689]]
awarded, change orders, bonuses paid to staff, reorganization costs, and
any other activity carried out using amounts provided under this heading
for fiscal year 2024) no later than 10 days prior to the start of such
quarter: Provided further, <<NOTE: Notification. Deadline.>> That FSA
shall notify the Committees within 10 days of any modification of such
spend plan that exceeds five percent of the amount appropriated under
the heading ``Student Aid Administration'': Provided further, That the
FSA Next Generation Processing and Servicing Environment, or any new
Federal student loan servicing environment, shall include accountability
measures that account for the performance of the portfolio and
contractor compliance with FSA guidelines.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$3,283,296,000, of which $171,000,000 shall remain available through
December 31, 2024: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of
the funds referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of title
IV of the HEA may be used for evaluation: Provided further, That
section 313(d) of the HEA shall not apply to an institution of higher
education that is eligible to receive funding under section 318 of the
HEA: Provided further, That amounts made available for carrying out
section 419N of the HEA may be awarded notwithstanding the limitations
in section 419N(b)(2) of the HEA: Provided further, That of the amounts
made available under this heading, $202,344,000 shall be used for the
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects described in
the preceding proviso shall be subject to section 302 of this Act:
Provided further, That of the funds made available under this Act to
carry out part B of title III of the HEA, $3,000,000 shall be for grants
to supplement amounts awarded to part B institutions that are junior or
community colleges, as defined in section 312(f) of the HEA: Provided
further, That the supplemental funds described in the preceding proviso
are in addition to any grant award that any institution may receive
under section 323 of the HEA and shall be allocated in accordance with
the allotments specified under section 324 of such Act.
[[Page 138 STAT. 690]]
Howard University
For partial support of Howard University, $304,018,000, of which not
less than $3,405,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $298,000.
Historically <<NOTE: Loans.>> Black College and University Capital
Financing Program Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2025: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $377,340,824: Provided further, That these
funds may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the limitations within
section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as
authorized by section 208 of the Department of Education Organization
Act and carrying out activities authorized by the National Assessment of
Educational Progress Authorization Act, section 208 of the Educational
Technical Assistance Act of 2002, and section 664 of the Individuals
with Disabilities Education Act, $793,106,000, which shall remain
available through September 30, 2025: Provided, That funds available to
carry out section 208 of the Educational Technical Assistance Act may be
used to link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private organizations
or agencies to support activities to improve data coordination, quality,
and use at the local, State, and national levels.
[[Page 138 STAT. 691]]
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $419,907,000: Provided, That, notwithstanding any other
provision of law, none of the funds provided by this Act or provided by
previous Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may be used for
any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the Budget
Service of the Department of Education, relative to the organization and
operation of the Budget Service as in effect on January 1, 2018:
Provided further, <<NOTE: Expiration date.>> That none of the funds
provided by this Act may be used on or after August 15, 2024, to support
a number of non-career employees that is above the number of non-career
employees as of December 31, 2022.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $67,500,000, of which $3,000,000 shall remain available through
September 30, 2025.
General Provisions
Sec. 301. <<NOTE: Voluntary prayer. Meditation.>> No funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notifications. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 303. <<NOTE: Time period.>> Funds appropriated in this Act
and consolidated for evaluation purposes under section 8601(c) of the
ESEA shall be available from July 1, 2024, through September 30, 2025.
[[Page 138 STAT. 692]]
Sec. 304. <<NOTE: Scholarships.>> (a) An institution of higher
education that maintains an endowment fund supported with funds
appropriated for title III or V of the HEA for fiscal year 2024 may use
the income from that fund to award scholarships to students, subject to
the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall be
considered to have been an allowable use of that income, subject to that
limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. <<NOTE: Applicability. 20 USC 1011c note.>> Section
114(f) of the HEA (20 U.S.C. 1011c(f)) shall be applied by substituting
``2024'' for ``2021''.
Sec. 306. <<NOTE: Applicability. 20 USC 1087h note.>> Section
458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall be applied by
substituting ``2024'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for student
loan servicing to an institution of higher education that services
outstanding Federal Perkins Loans under part E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087aa et seq.).
Sec. 308. Of the amounts made available in this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such Act
(20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the Secretary
shall specifically conduct outreach to assist borrowers who would
qualify for loan cancellation under section 455(m) of such Act except
that the borrower has made some, or all, of the 120 required payments
under a repayment plan that is not described under section 455(m)(A) of
such Act, to encourage borrowers to enroll in a qualifying repayment
plan: Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section 455(m) of
such Act and improve the filing of employment certification by providing
improved outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program requirements and
benefits on each servicer's website, and creating an option for all
borrowers to complete the entire payment certification process
electronically and on a centralized website.
Sec. 309. <<NOTE: Evaluations. Analysis. Data.>> The Secretary may
reserve not more than 0.5 percent from any amount made available in this
Act for an HEA program, except for any amounts made available for
subpart 1 of part A of title IV of the HEA, to carry out rigorous and
independent evaluations and to collect and analyze outcome data for any
program authorized by the HEA: Provided, That no funds made available
in this Act for the ``Student Aid Administration'' account shall be
subject to the reservation under this section: Provided further, That
any funds reserved under this section shall be available through
September 30, 2026: Provided further, That if, under any other
provision of law, funds are authorized to be reserved or used for
evaluation activities with respect to a program or project, the
Secretary may also reserve funds for such program or project for the
purposes described in this section so long as the total reservation of
funds for such program or project does not exceed any statutory limits
on such reservations: Provided further, <<NOTE: Deadline. Plan.>> That
[[Page 138 STAT. 693]]
not later than 30 days prior to the initial obligation of funds reserved
under this section, the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, the
Committee on Health, Education, Labor and Pensions of the Senate, and
the Committee on Education and the Workforce of the House of
Representatives a plan that identifies the source and amount of funds
reserved under this section, the impact on program grantees if funds are
withheld for the purposes of this section, and the activities to be
carried out with such funds.
Sec. 310. In addition to amounts otherwise appropriated by this Act
under the heading ``Innovation and Improvement'' for purposes authorized
by the Elementary and Secondary Education Act of 1965, there are hereby
appropriated an additional $88,084,000 which shall be used for the
projects, and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
none of the funds made available for such projects shall be subject to
section 302 of this Act.
(including transfer of funds)
Sec. 311. Of the amounts appropriated in this Act for ``Institute
of Education Sciences'', up to $20,000,000 shall be available for the
Secretary of Education (``the Secretary'') to provide support services
to the Institute of Education Sciences (including, but not limited to
information technology services, lease or procurement of office space,
human resource services, financial management services, financial
systems support, budget formulation and execution, legal counsel, equal
employment opportunity services, physical security, facilities
management, acquisition and contract management, grants administration
and policy, and enterprise risk management): Provided, That the
Secretary shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of Education
methodology for allocating the cost of all such support services:
Provided further, That the Secretary may transfer any amounts available
for IES support services in excess of actual amounts needed for IES
support services, as so calculated, to the ``Program Administration''
account from the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between amounts
available for IES support services and amounts needed for IES support
services, as so calculated, the Secretary may transfer necessary amounts
to the ``Institute of Education Sciences'' account from the ``Program
Administration'' account: Provided further, <<NOTE: Notifications. Time
period.>> That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 14 days in advance
of any transfer made pursuant to this section.
(rescission)
Sec. 312. <<NOTE: Deadline.>> Of the unobligated balances in the
``Department of Education Nonrecurring Expenses Fund'' established in
section 313 of division H of Public Law 116-260, $25,000,000 are hereby
rescinded not later than September 30, 2024.
This title may be cited as the ``Department of Education
Appropriations Act, 2024''.
[[Page 138 STAT. 694]]
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $13,124,000: Provided, <<NOTE: Contracts.>> That in order to
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform requirements of the
Committee as prescribed under section 51-3.2 of title 41, Code of
Federal Regulations, the Committee shall enter into a written agreement
with any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $3,150,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $975,525,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $19,538,000 shall be available to provide
assistance to State commissions on national and community service, under
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
of the 1990 Act; (3) $37,735,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $8,558,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis: Provided further, <<NOTE: Determination.>>
That for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a determination of need
by the local community.
[[Page 138 STAT. 695]]
payment to the national service trust
(including rescission and transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $180,000,000, to remain available until
expended: Provided, <<NOTE: Determination. Notice.>> That CNCS may
transfer additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of the 1990
Act to the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
amounts appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without regard to
the requirement to apportion funds under 31 U.S.C. 1513(b): Provided
further, That of the discretionary unobligated balances from amounts
made available in prior appropriations Acts to the National Service
Trust, $243,000,000 are hereby permanently rescinded, except that no
amounts may be rescinded from amounts that were previously designated by
the Congress as being for an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $99,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,595,000.
administrative provisions
Sec. 401. <<NOTE: Notice. Public information.>> CNCS shall make
any significant changes to program requirements, service delivery or
policy only through public notice and comment rulemaking. For fiscal
year 2024, during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly, to any
person other than an officer or employee of CNCS that is authorized by
CNCS to receive such information.
Sec. 402. <<NOTE: Requirements. Time period. 42 USC 12571 note.>>
AmeriCorps programs receiving grants under the National Service Trust
program shall meet an overall minimum share requirement of 24 percent
for the first 3 years that they receive AmeriCorps funding, and
thereafter shall meet the overall minimum share requirement as provided
in section 2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section 121(e) or the
member support Federal share limitations in section 140 of the 1990 Act,
and subject
[[Page 138 STAT. 696]]
to partial waiver consistent with section 2521.70 of title 45, Code of
Federal Regulations.
Sec. 403. <<NOTE: Donations.>> Donations made to CNCS under
section 196 of the 1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. <<NOTE: Time periods.>> Notwithstanding sections 139(b),
146, and 147 of the 1990 Act, an individual who successfully completes a
term of service of not less than 1,200 hours during a period of not more
than one year may receive a national service education award having a
value of 70 percent of the value of a national service education award
determined under section 147(a) of the Act.
Sec. 407. <<NOTE: Applicability.>> Section 148(f)(2)(A)(i) of the
1990 Act shall be applied by substituting ``an approved national service
position'' for ``a national service program that receives grants under
subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2026, $535,000,000: Provided, That none of the funds made available to
CPB by this Act shall be used to pay for receptions, parties, or similar
forms of entertainment for Government officials or employees: Provided
further, <<NOTE: Discrimination.>> That none of the funds made
available to CPB by this Act shall be available or used to aid or
support any program or activity from which any person is excluded, or is
denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided
further, <<NOTE: Political test.>> That none of the funds made
available to CPB by this Act shall be used to apply any political test
or qualification in selecting, appointing, promoting, or taking any
other personnel action with respect to officers, agents, and employees
of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $60,000,000.
[[Page 138 STAT. 697]]
Federal Mediation and Conciliation Service
salaries and expenses <<NOTE: Fees.>>
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $53,705,000:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided
to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of services and
real, personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$294,800,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,405,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $13,824,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
[[Page 138 STAT. 698]]
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $299,224,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
administrative provision
Sec. 408. <<NOTE: Electronic voting.>> None of the funds provided
by this Act or previous Acts making appropriations for the National
Labor Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any means of voting
through any electronic means in an election to determine a
representative for the purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $8,000,000, which
shall include amounts becoming available in fiscal year 2024 pursuant to
section 224(c)(1)(B) of Public Law 98-76;
[[Page 138 STAT. 699]]
and in addition, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the amount by which
the product of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits: Provided, That
the total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2025, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $126,000,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund: Provided, That notwithstanding section 7(b)(9) of
the Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided further, That the
previous proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board prior to
January 1, 2013: Provided further, That notwithstanding section 7(b)(9)
of the Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or individuals
who have recently completed qualifying educational programs using
current excepted hiring authorities established by the Office of
Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $14,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $10,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-
[[Page 138 STAT. 700]]
66, as amended, and section 405 of Public Law 95-216, including payment
to the Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$45,365,042,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $91,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act, and remain available through September
30, 2026.
For <<NOTE: Effective date.Payments.>> making, after June 15 of the
current fiscal year, benefit payments to individuals under title XVI of
the Social Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2025, $21,700,000,000, to
remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of two
passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than $14,075,978,000 may
be expended, as authorized by section 201(g)(1) of the Social Security
Act, from any one or all of the trust funds referred to in such section:
Provided, That not less than $2,700,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year 2024 not
needed for fiscal year 2024 shall remain available until expended to
invest in the Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, <<NOTE: Notification.>> That the
Commissioner of Social Security shall notify the Committees on
Appropriations of the House of Representatives and the Senate prior to
making unobligated balances available under the authority in the
previous proviso: Provided further, <<NOTE: Reimbursements.>> That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the general
fund not otherwise appropriated, as soon as possible after such
expenditures are made.
From funds provided under the first paragraph under this heading,
not more than $1,851,000,000, to remain available through March 31,
2025, is for the costs associated with continuing disability reviews
under titles II and XVI of the Social Security Act, including work-
related continuing disability reviews to determine whether earnings
derived from services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with conducting
redeterminations of eligibility under title XVI of
[[Page 138 STAT. 701]]
the Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution of
fraud in the programs and operations of the Social Security
Administration by Special Assistant United States Attorneys: Provided,
That, of such amount, $273,000,000 is provided to meet the terms of
section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and $1,578,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(B) of such Act:
Provided further, <<NOTE: Transfer authority.>> That, of the additional
new budget authority described in the preceding proviso, up to
$15,100,000 may be transferred to the ``Office of Inspector General'',
Social Security Administration, for the cost of jointly operated co-
operative disability investigation units: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law: Provided further, <<NOTE: Reports.>> That the
Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these funds,
similar to the reports that were required by section 103(d)(2) of Public
Law 104-121 for fiscal years 1996 through 2002: Provided further, That
none of the funds described in this paragraph shall be available for
transfer or reprogramming except as specified in this paragraph.
In addition, $150,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2024 exceed $150,000,000, the amounts shall be available in
fiscal year 2025 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,000,000, together with not to exceed $82,665,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information technology
modernization, including related hardware and software infrastructure
and equipment, and for administrative expenses directly associated with
information technology modernization.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, <<NOTE: Notices. Time period.>>
That notice of such transfers shall be transmitted promptly to the
Committees on Appropriations of the House of Representatives and the
Senate at least 15 days in advance of any transfer.
[[Page 138 STAT. 702]]
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Propaganda. Lobbying.>> (a) No part of any
appropriation contained in this Act or transferred pursuant to section
4002 of Public Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local
legislature or legislative body, except in presentation to the Congress
or any State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or local
government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) <<NOTE: Gun control.>> The prohibitions in subsections (a) and
(b) shall include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer
product, including its sale or marketing, including but not limited to
the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board
[[Page 138 STAT. 703]]
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. <<NOTE: Abortion.>> (a) The limitations established in
the preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) <<NOTE: Discrimination.>> None of the funds made available
in this Act may be made available to a Federal agency or program, or to
a State or local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does not
provide, pay for, provide coverage of, or refer for abortions.
(2) <<NOTE: Definition.>> In this subsection, the term ``health
care entity'' includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a health
maintenance organization, a health insurance plan, or any other kind of
health care facility, organization, or plan.
[[Page 138 STAT. 704]]
Sec. 508. <<NOTE: Human embryos.>> (a) None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 509. <<NOTE: Drugs and drug abuse.>> (a) None of the funds
made available in this Act may be used for any activity that promotes
the legalization of any drug or other substance included in schedule I
of the schedules of controlled substances established under section 202
of the Controlled Substances Act except for normal and recognized
executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. <<NOTE: Health and health care.>> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 511. <<NOTE: Contracts. Reports.>> None of the funds made
available in this Act may be obligated or expended to enter into or
renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.
Sec. 514. <<NOTE: Consultations. Time periods. Notifications.>> (a)
None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure
[[Page 138 STAT. 705]]
in fiscal year 2024, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2024, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. <<NOTE: Political disclosure.>> (a) None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. <<NOTE: Deadline. Operating plan.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2024
that are different than those specified in this Act, the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) or the fiscal year 2024 budget request.
[[Page 138 STAT. 706]]
Sec. 517. <<NOTE: Reports. Contracts. Grants.>> The Secretaries of
Labor, Health and Human Services, and Education shall each prepare and
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department on a
non-competitive basis during each quarter of fiscal year 2024, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. <<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. 521. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
United States taxpayer expense. The funds used by a Federal agency to
carry out this requirement shall be derived from amounts made available
to the agency for advertising or other communications regarding the
programs and activities of the agency.
[[Page 138 STAT. 707]]
Sec. 523. (a) <<NOTE: Applicability.>> Federal agencies may use
Federal discretionary funds that are made available in this Act to carry
out up to 10 Performance Partnership Pilots. Such Pilots shall be
governed by the provisions of section 526 of division H of Public Law
113-76, except that in carrying out such Pilots section 526 shall be
applied by substituting ``Fiscal Year 2024'' for ``Fiscal Year 2014'' in
the title of subsection (b) and by substituting ``September 30, 2028''
for ``September 30, 2018'' each place it appears: Provided, That such
pilots shall include communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of Public
Law 114-113, section 525 of division H of Public Law 115-31, section 525
of division H of Public Law 115-141, section 524 of division A of Public
Law 116-94, section 524 of division H of Public Law 116-260, section 523
of division H of Public Law 117-103,and section 523 of division H of
Public Law 117-328.
(c) <<NOTE: Time period.>> Pilot sites selected under authorities
in this Act and prior appropriations Acts may be granted by relevant
agencies up to an additional 5 years to operate under such authorities.
Sec. 524. <<NOTE: Effective date. Reports. 31 USC 1502 note.>> Not
later than 30 days after the end of each calendar quarter, beginning
with the first month of fiscal year 2024 the Departments of Labor,
Health and Human Services and Education and the Social Security
Administration shall provide the Committees on Appropriations of the
House of Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are unobligated and
uncommitted, committed, and obligated but unexpended, the monthly
reports shall separately identify the amounts attributable to each
source year of appropriation (beginning with fiscal year 2012, or, to
the extent feasible, earlier fiscal years) from which balances were
derived.
Sec. 525. <<NOTE: Lists. Grants. Deadline. Time period.>> The
Departments of Labor, Health and Human Services, and Education shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a comprehensive list of any new or
competitive grant award notifications, including supplements, issued at
the discretion of such Departments not less than 3 full business days
before any entity selected to receive a grant award is announced by the
Department or its offices (other than emergency response grants at any
time of the year or for grant awards made during the last 10 business
days of the fiscal year, or if applicable, of the program year).
Sec. 526. <<NOTE: Needles. Syringes. Drugs and drug abuse.>>
Notwithstanding any other provision of this Act, no funds appropriated
in this Act shall be used to purchase sterile needles or syringes for
the hypodermic injection of any illegal drug:
Provided, <<NOTE: Determination. Hepatitis. HIV.>> That such limitation
does not apply to the use of funds for elements of a program other than
making such purchases if the relevant State or local health department,
in consultation with the Centers for Disease Control and Prevention,
determines that the State or local jurisdiction, as applicable, is
experiencing, or is at risk for, a significant increase in hepatitis
infections or an HIV outbreak due to injection drug use, and such
program is operating in accordance with State and local law.
[[Page 138 STAT. 708]]
Sec. 527. <<NOTE: Deadline.>> Each department and related agency
funded through this Act shall provide answers to questions submitted for
the record by members of the Committee within 45 business days after
receipt.
Sec. 528. Of amounts deposited in the Child Enrollment Contingency
Fund under section 2104(n)(2) of the Social Security Act and the income
derived from investment of those funds pursuant to section 2104(n)(2)(C)
of that Act, $14,224,000,000 shall not be available for obligation in
this fiscal year.
(rescission)
Sec. 529. Of the unobligated balances of funds made available by
sections 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501, 2502, 2704,
3101 and 9911 of the American Rescue Plan Act of 2021 (Public Law 117-
2), $4,309,000,000 are hereby rescinded: Provided,
That <<NOTE: Reports.>> not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the unobligated
balances rescinded pursuant to this section by both account and amount
from each applicable appropriation in Public Law 117-2.
(rescission)
Sec. 530. Of the unobligated balances of amounts made available in
section 10301(1)(A)(ii) of Public Law 117-169, $10,000,000,000 are
hereby rescinded.
Sec. 531. <<NOTE: Applicability.>> (a) This section applies to: (1)
the Administration for Children and Families in the Department of Health
and Human Services; and (2) the Chief Evaluation Office and the
statistical-related cooperative and interagency agreements and
contracting activities of the Bureau of Labor Statistics in the
Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in subsection
(a) for research, evaluation, or statistical purposes shall be available
for obligation through September 30, 2028: Provided, That when an
office referenced in subsection (a) receives research and evaluation
funding from multiple appropriations, such offices may use a single
Treasury account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended at the
time of completion of a contract, grant, or cooperative agreement may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which such amounts are
available.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2024''.
[[Page 138 STAT. 709]]
DIVISION E <<NOTE: Legislative Branch Appropriations Act, 2024.>> --
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024
TITLE I <<NOTE: 2 USC 60a note.>>
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate,
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the
Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $195,000.
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $277,838,000, which shall be paid
from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $3,000,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $843,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $364,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $6,272,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,934,000.
committee on appropriations
For salaries of the Committee on Appropriations, $19,319,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,914,000 for each such committee; in all, $3,828,000.
[[Page 138 STAT. 710]]
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $952,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,955,000 for each such committee; in all,
$3,910,000.
office of the chaplain
For Office of the Chaplain, $606,000.
office of the secretary
For Office of the Secretary, $30,288,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $115,875,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $2,644,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $86,003,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $8,650,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,365,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,500;
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the
Majority of the Senate, $7,500; Secretary for the Minority of the
Senate, $7,500; in all, $30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the
[[Page 138 STAT. 711]]
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate
Resolution 281, 96th Congress, agreed to March 11, 1980, $174,000,000,
of which $17,400,000 shall remain available until September 30, 2026.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $582,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$17,494,000, of which $12,994,000 shall remain available until September
30, 2028, and of which $4,500,000 shall remain available until expended:
Provided, That of the amounts made available under this heading,
$112,000 shall be available for the requirements associated with Public
Law 117-326.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $194,942,000, of which $185,442,000 shall remain available
until September 30, 2028: Provided, That of the amounts made available
under this heading, $5,000,000, to remain available until expended,
shall be for Senate hearing room audiovisual equipment; $2,500,000, to
remain available until expended, shall be for a residential security
system program; and $2,000,000, to remain available until expended,
shall be for a joint audible warning system.
miscellaneous items
For miscellaneous items, $26,517,000 which shall remain available
until September 30, 2026.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$552,600,000, of which $20,128,000 shall remain available until
September 30, 2026, and of which $7,000,000 shall be allocated solely
for the purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE--Contingent
Expenses of the Senate--senators'
[[Page 138 STAT. 712]]
official personnel and office expense account'' shall be available for
obligation only during the fiscal year or fiscal years for which such
amounts are made available. Any unexpended balances under such
allowances remaining after the end of the period of availability shall
be returned to the Treasury in accordance with the undesignated
paragraph under the center heading ``GENERAL PROVISION'' under chapter
XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and
used for deficit reduction (or, if there is no Federal budget deficit
after all such payments have been made, for reducing the Federal debt,
in such manner as the Secretary of the Treasury considers appropriate).
number of consultants
Sec. 102. Section 101(a) of the Supplemental Appropriations Act,
1977 (2 U.S.C. 6501(a)) is amended, in the first sentence, by striking
``nine'' and inserting ``12''.
availability of authority of executive agencies to use appropriated
amounts for child care to the united states senate
Sec. 103. (a) Section 590(g) of title 40, United States Code, is
amended by adding at the end the following:
``(7) Application to senate.--This subsection shall apply
with respect to the Senate in the same manner as it applies to
an Executive agency, except that--
``(A) the authority granted to the Office of
Personnel Management shall be exercised with respect to
the Senate, by the Majority and Minority Leaders of the
Senate, in accordance with regulations promulgated by
the Committee on Rules and Administration of the Senate;
and
``(B) amounts may be made available to implement
this subsection with respect to the Senate without
advance notice to the Committee on Appropriations of the
House of Representatives.''.
(b) <<NOTE: 40 USC 590 note.>> Effective Date.--The amendments made
by this section shall apply with respect to fiscal year 2024 and each
succeeding fiscal year.
security of office space rented by senators
Sec. 104. Section 3 of the Legislative Branch Appropriations Act,
1975 (2 U.S.C. 6317) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (12) as
subparagraphs (A) through (L), respectively;
(B) by striking ``The aggregate'' and inserting
``(1) Subject to paragraph (2), the aggregate''; and
(C) by adding at the end the following:
``(2) The aggregate square feet of an office space for
purposes of paragraph (1) shall not include any portion of the
office space used for security or safety enhancements that are--
``(A) of a kind authorized by the Committee on Rules
and Administration of the Senate, which shall include an
information technology security closet and a secure
lobby or reception area; and
``(B) approved by the Sergeant at Arms and
Doorkeeper of the Senate.''; and
[[Page 138 STAT. 713]]
(2) in subsection (c)(1)--
(A) by striking ``The maximum'' and inserting ``(A)
Subject to subparagraph (B), the maximum''; and
(B) by adding at the end the following:
``(B) The portion of the cost of a rental described
in subparagraph (A) that is attributable to building
security and safety measures shall not be included in
determining the annual rate paid for the rental for
purposes of subparagraph (A) if--
``(i) the costs are for building security and
safety measures--
``(I) of a kind authorized by the
Committee on Rules and Administration of
the Senate, which shall include guard
services, access control, and facility
monitoring; and
``(II) approved by the Sergeant at
Arms and Doorkeeper of the Senate; and
``(ii) such costs are itemized separately in a
manner approved by the Sergeant at Arms and
Doorkeeper of the Senate.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,850,998,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $36,560,000,
including: Office of the Speaker, $10,499,000, including $35,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$3,730,000, including $15,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $10,499,000, including
$17,500 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $3,099,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $2,809,000,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $2,962,000; Democratic Caucus, $2,962,000:
Provided, <<NOTE: Time period.>> That such amount for salaries and
expenses shall remain available from January 3, 2024 until January 2,
2025.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $810,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of
interns who serve in the offices of Members of
[[Page 138 STAT. 714]]
the House of Representatives, $20,638,800, to remain available through
January 2, 2025: Provided, That notwithstanding section 120(b) of such
Act, an office of a Member of the House of Representatives may use not
more than $46,800 of the allowance available under this heading during
legislative year 2024.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the Legislative
Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of
interns who serve in House leadership offices, $586,000, to remain
available through January 2, 2025: Provided, That of the amount
provided under this heading, $322,300 shall be available for the
compensation of interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker of the House
of Representatives, and $263,700 shall be available for the compensation
of interns who serve in House leadership offices of the minority, to be
allocated among such offices by the Minority Floor Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
For the allowance established under section 113(a)(1) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for the
compensation of interns who serve in offices of standing, special, and
select committees (other than the Committee on Appropriations),
$2,600,000, to remain available through January 2, 2025: Provided, That
of the amount provided under this heading, $1,300,000 shall be available
for the compensation of interns who serve in offices of the majority,
and $1,300,000 shall be available for the compensation of interns who
serve in offices of the minority, to be allocated among such offices by
the Chair, in consultation with the ranking minority member, of the
Committee on House Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
For the allowance established under section 113(a)(2) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for the
compensation of interns who serve in offices of the Committee on
Appropriations, $463,000: Provided, That of the amount provided under
this heading, $231,500 shall be available for the compensation of
interns who serve in offices of the majority, and $231,500 shall be
available for the compensation of interns who serve in offices of the
minority, to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the Committee on
Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $180,587,000: Provided, That
such amount shall remain available for such salaries and
[[Page 138 STAT. 715]]
expenses until December 31, 2024, except that $5,800,000 of such amount
shall remain available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$31,294,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2024.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $324,879,000, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000 is
for the Family Room and not more than $2,000 is for the Office of the
Chaplain, $41,455,000, of which $9,000,000 shall remain available until
expended; for salaries and expenses of the Office of the Sergeant at
Arms, including the position of Superintendent of Garages and the Office
of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $38,793,000, of which $22,232,000
shall remain available until expended; for salaries and expenses of the
Office of the Chief Administrative Officer including not more than
$3,000 for official representation and reception expenses, $213,072,000,
of which $26,477,000 shall remain available until expended; for salaries
and expenses of the Office of the Whistleblower Ombuds, $1,250,000; for
salaries and expenses of the Office of the Inspector General,
$5,512,000; for salaries and expenses of the Office of General Counsel,
$1,987,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $2,240,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,900,000; for
salaries and expenses of the Office of the Legislative Counsel of the
House, $14,671,000, of which $2,000,000 shall remain available until
expended; for salaries and expenses of the Office of Interparliamentary
Affairs, $934,000; for other authorized employees, $1,065,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $433,390,200, including: supplies, materials, administrative costs
and Federal tort claims, $1,555,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other applicable
employee benefits, $392,368,200, to remain available until March 31,
2025, except that $37,000,000 of such amount shall remain available
until expended; salaries and expenses for
[[Page 138 STAT. 716]]
Business Continuity and Disaster Recovery, $27,264,000, of which
$6,000,000 shall remain available until expended; transition activities
for new members and staff, $5,895,000, to remain available until
expended; Green and Gold Congressional Aide Program, $3,356,000, to
remain available until expended; Office of Congressional Ethics,
$1,762,000; and miscellaneous items including purchase, exchange,
maintenance, repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of deceased
employees of the House, $1,000,000.
House of Representatives Modernization Initiatives <<NOTE: Approval.>>
Account
For the House of Representatives Modernization Initiatives Account
established under section 115 of the Legislative Branch Appropriations
Act, 2021 (2 U.S.C. 5513), $10,000,000, to remain available until
expended: Provided, That disbursement from this account is subject to
approval of the Committee on Appropriations of the House of
Representatives: Provided further, That funds provided in this account
shall only be used for initiatives approved by the Committee on House
Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--members' representational allowances'' shall be
available only for fiscal year 2024. Any amount remaining after all
payments are made under such allowances for fiscal year 2024 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) <<NOTE: Regulations.>> The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) <<NOTE: Definition.>> As used in this section, the term
``Member of the House of Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and
[[Page 138 STAT. 717]]
incidents involving, the information systems of the House shall take all
necessary steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the assistance,
including applying minimization procedures to limit the spread or
sharing of privileged House and Member information.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2025
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States,
January 20, 2025, in accordance with such program as may be adopted by
the joint congressional committee authorized to conduct the inaugural
ceremonies of 2025, $3,675,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2025: Provided, That
funds made available under this heading shall be available for payment,
on a direct or reimbursable basis, whether incurred on, before, or
after, October 1, 2024: Provided further, <<NOTE: Reimbursement.>>
That the compensation of any employee of the Committee on Rules and
Administration of the Senate who has been designated to perform service
with respect to the inaugural ceremonies of 2025 shall continue to be
paid by the Committee on Rules and Administration, but the account from
which such staff member is paid may be reimbursed for the services of
the staff member out of funds made available under this heading:
Provided further, That of the amounts made available under the heading
``SENATE--Contingent Expenses of the Senate--inquiries and
investigations'', there are authorized to be paid sums as may be
necessary, without fiscal year limitation, for agency contributions
related to the compensation of employees of the joint congressional
committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$13,554,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and their assistants,
including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior Medical
Officer;
[[Page 138 STAT. 718]]
(3) an allowance of $900 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $900 per month to 2 assistants and $900
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) <<NOTE: Reimbursement.>> $3,054,000 for reimbursement
to the Department of the Navy for expenses incurred for staff
and equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $4,764,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,766,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For <<NOTE: Notifications.>> salaries of employees of the Capitol
Police, including overtime, hazardous duty pay, and Government
contributions for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$588,627,000, of which overtime shall not exceed $74,976,000 unless the
Committees on Appropriations of the House and Senate are notified, to be
disbursed by the Chief of the Capitol Police or a duly authorized
designee: Provided, That of the amounts made available under this
heading, at least $3,167,000 shall be available for overtime to support
mission requirements associated with the national political conventions
and pre-inauguration preparedness; and $15,000,000 shall be available
for tuition reimbursement, recruitment and retention bonuses and other
retention focused salary related items.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, Member protection-related activities and
equipment, stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of instructor and
liaison personnel for the Federal Law Enforcement Training Centers, and
not more than $7,500 to be expended on the certification of the Chief of
the Capitol Police in connection with official representation and
reception expenses, $202,846,000, to be disbursed by the Chief of the
Capitol Police or a duly authorized designee: Provided, That,
notwithstanding any other provision of law, the cost of basic training
for the Capitol Police at the Federal Law Enforcement Training Centers
for fiscal year 2024 shall be paid by the Secretary of Homeland Security
from funds
[[Page 138 STAT. 719]]
available to the Department of Homeland Security: Provided further,
That of the amounts made available under this heading, $3,200,000 shall
be available to support mission requirements associated with the
national political conventions and pre-inauguration preparedness:
Provided further, <<NOTE: Drones. China.>> That none of the amounts
made available under this heading may be used to purchase a drone
manufactured in the People's Republic of China or by a business
affiliated with the People's Republic of China except for national
security purposes.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $8,150,000, of which $2,500,000 shall
remain available until September 30, 2025, and of which not more than
$1,000 may be expended on the certification of the Executive Director in
connection with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $70,000,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol, including the Botanic
Garden, Senate and House office buildings, and other facilities under
the jurisdiction of the Architect of the Capitol; for furnishings and
office equipment; for official reception and representation expenses of
not more than $5,000, to be expended as the Architect of the Capitol may
approve; for purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $152,507,000, of which $3,100,000 shall remain
available until September 30, 2028: Provided, That $1,000,000 shall be
for improvements to rooms for nursing mothers and related resources
across the Capitol complex.
[[Page 138 STAT. 720]]
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $95,688,000, of which $46,599,000 shall remain available
until September 30, 2028, and of which $17,000,000 shall remain
available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $16,600,000, of which $2,000,000 shall remain
available until September 30, 2028.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$138,751,000, of which $52,825,000 shall remain available until
September 30, 2028, and of which $1,000,000 shall remain available until
expended.
House Office Buildings
For all necessary expenses for the maintenance, care, and operation
of the House office buildings, $166,426,000, of which an amount equal to
the balance of the House Office Buildings Fund under section 176(d) of
the Continuing Appropriations Act, 2017 (2 U.S.C. 2001 note) as of the
date of the enactment of this Act shall be derived from such Fund, and
of which $50,562,000 shall remain available until September 30, 2028,
and of which $41,800,000 shall remain available until expended for the
restoration and renovation of the Cannon House Office Building.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; and all electrical substations of the
Capitol; lighting, heating, power (including the purchase of electrical
energy) and water and sewer services for the Capitol, Senate and House
office buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such buildings; heating
the Government Publishing Office and Washington City Post Office, and
heating and chilled water for air conditioning for the Supreme Court
Building, the Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library, expenses for
which shall be advanced or reimbursed upon request of the Architect of
the Capitol and amounts so received shall be deposited into the Treasury
to the credit of this appropriation, $148,650,000, of which $43,400,000
shall remain available until September 30, 2028: Provided, That not
more than $10,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2024.
[[Page 138 STAT. 721]]
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$94,978,000, of which $27,800,000 shall remain available until September
30, 2028; and of which $30,000,000 shall remain available until
expended.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $85,207,000, of which
$26,169,000 shall remain available until September 30, 2028: Provided,
That of such amount, $250,000 shall be for construction contingencies
related to Project 116-DS: Provided further, <<NOTE: Drones. China.>>
That none of the amounts made available under this heading may be used
to purchase a drone manufactured in the People's Republic of China or by
a business affiliated with the People's Republic of China except for
national security purposes.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $20,506,000, of which $4,900,000 shall
remain available until September 30, 2028: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $28,000,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 120. <<NOTE: Determination.>> None of the funds made
available in this Act for the Architect of the Capitol may be used to
make incentive or award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed designee,
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
[[Page 138 STAT. 722]]
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and distribution of
catalog records and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Library of Congress
Trust Fund Board not properly chargeable to the income of any trust fund
held by the Board, $592,411,000, and, in addition, amounts credited to
this appropriation during fiscal year 2024 under the Act of June 28,
1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available
until expended: Provided, That the Library of Congress may not obligate
or expend any funds derived from collections under the Act of June 28,
1902, in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That of the total amount
appropriated, not more than $18,000 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses, including for the Overseas Field
Offices: Provided further, That of the total amount appropriated, no
less than $10,360,000 shall remain available until expended for the
Teaching with Primary Sources program, of which $2,379,000 shall be for
the Lewis-Houghton Civics and Democracy Initiative: Provided further,
That of the total amount appropriated, $1,509,000 shall remain available
until expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, no less than $150,000 shall remain available until
expended for the Surplus Books Program to promote the program and
facilitate a greater number of donations to eligible entities across the
United States: Provided further, That of the total amount appropriated,
$4,205,000 shall remain available until expended for the Veterans
History Project to continue digitization efforts of already collected
materials, reach a greater number of veterans to record their stories,
and promote public access to the Project: Provided further, That of the
total amount appropriated, $1,500,000 shall remain available until
expended for the COVID-19 American History Project: Provided further,
That of such amount, $5,000,000 shall be available until expended for
the development and implementation of a pilot data storage and migration
method initiative.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $103,128,000, of
which not more than $38,025,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2024 under sections 708(d) and 1316 of title 17, United
States Code: Provided, That the Copyright Office may not obligate or
expend any funds derived from
[[Page 138 STAT. 723]]
collections under such section in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further,
That not more than $7,566,000 shall be derived from collections during
fiscal year 2024 under sections 111(d)(2), 119(b)(3), 803(e), and 1005
of such title: Provided further, <<NOTE: Reduction.>> That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $45,591,000: Provided further, That of the
funds provided under this heading, not less than $10,300,000 is for
modernization initiatives, of which $9,300,000 shall remain available
until September 30, 2025: Provided further, That not more than $100,000
of the amount appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office of the
Library of Congress for the purpose of training nationals of developing
countries in intellectual property laws and policies: Provided further,
That not more than $6,500 may be expended, on the certification of the
Librarian of Congress, in connection with official representation and
reception expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and seminars:
Provided further, That, notwithstanding any provision of chapter 8 of
title 17, United States Code, any amounts made available under this
heading which are attributable to royalty fees and payments received by
the Copyright Office pursuant to sections 111, 119, and chapter 10 of
such title may be used for the costs incurred in the administration of
the Copyright Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and staff under
section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $136,080,000: Provided, <<NOTE: Advance approvals.>> That no
part of such amount may be used to pay any salary or expense in
connection with any publication, or preparation of material therefor
(except the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval of
either the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration of the
Senate: Provided further, That this prohibition does not apply to
publication of non-confidential Congressional Research Service (CRS)
products: Provided further, That a non-confidential CRS product
includes any written product containing research or analysis that is
currently available for general congressional access on the CRS
Congressional Intranet, or that would be made available on the CRS
Congressional Intranet in the normal course of business and does not
include material prepared in response to Congressional requests for
confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $66,130,000:
[[Page 138 STAT. 724]]
Provided, That of the total amount appropriated, $650,000 shall be
available to contract to provide newspapers to blind and print disabled
residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 130. (a) In General.--For fiscal year 2024, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $324,110,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$83,000,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years: Provided further, <<NOTE: Time period.>> That
notwithstanding the 2-year limitation under section 718 of title 44,
United States Code, none of the funds appropriated or made available
under this Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document, report, or
publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title 44,
United States Code: Provided further, <<NOTE: Deadline. Approval. Time
period.>> That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under the
heading ``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes for
which appropriated, to be available for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That notwithstanding sections 901, 902, and 906 of title 44,
United States Code, this appropriation may be used to prepare indexes to
the Congressional Record on only a monthly and session basis.
[[Page 138 STAT. 725]]
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange libraries
as authorized by law, $37,388,000: Provided, That amounts of not more
than $2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other related
publications for the preceding two fiscal years to depository and other
designated libraries: Provided further, <<NOTE: Deadline. Approvals.>>
That unobligated or unexpended balances of expired discretionary funds
made available under this heading in this Act for this fiscal year may
be transferred to, and merged with, funds under the heading ``Government
Publishing Office Business Operations Revolving Fund'' no later than the
end of the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to be
available for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $11,611,000, to remain available until expended, for
information technology development and facilities repair:
Provided, <<NOTE: Contracts.>> That the Government Publishing Office is
hereby authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as provided by
section 9104 of title 31, United States Code, as may be necessary in
carrying out the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office Business
Operations Revolving Fund: Provided further, That not more than $7,500
may be expended on the certification of the Director of the Government
Publishing Office in connection with official representation and
reception expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of not more
than 12 passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to the
Director of the Government Publishing Office shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be available
for temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the daily
equivalent of the annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further, That
activities financed through the Business Operations Revolving Fund may
provide information in
[[Page 138 STAT. 726]]
any format: Provided further, That the Business Operations Revolving
Fund and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used for
contracted security services at Government Publishing Office's passport
facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $811,894,000, of which $5,000,000 shall remain
available until expended: Provided, That, in addition, $73,976,000 of
payments received under sections 782, 791, 3521, and 9105 of title 31,
United States Code, shall be available without fiscal year limitation:
Provided further, <<NOTE: Determination.>> That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, <<NOTE: Reimbursements.>> That
payments hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional Office for
International Leadership under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $6,000,000:
Provided, <<NOTE: Russia.>> That funds made available to support
Russian participants shall only be used for those engaging in free
market development, humanitarian activities, and civic engagement, and
shall not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
[[Page 138 STAT. 727]]
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2024 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect thereto:
Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate and
House of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, under 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 under existing law.
costs of legislative branch financial managers council
Sec. 205. <<NOTE: Determination.>> Amounts available for
administrative expenses of any legislative branch entity which
participates in the Legislative Branch Financial Managers Council
(LBFMC) established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by the LBFMC,
except that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities as
the entities may determine) may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made
[[Page 138 STAT. 728]]
by, or transfer authority provided in, this Act or any other
appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate, unless
through regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) <<NOTE: Approval.>> At the direction of the Capitol Police
Board, or at the direction of the Architect of the Capitol with the
approval of the Capitol Police Board, guided tours of the United States
Capitol which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction for
security or related reasons to the same extent as guided tours of the
United States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) <<NOTE: Huawei Technologies Company. ZTE
Corporation. Reviews.>> None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation for
a high or moderate impact information system, as defined for security
categorization in the National Institute of Standards and Technology's
(NIST) Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition
decisions for high or moderate impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) <<NOTE: Assessment. Cyber threats. Foreign countries.>>
in consultation with the Federal Bureau of Investigation or
other appropriate Federal entity, conducted an assessment of any
risk of cyber-espionage or sabotage associated with the
acquisition of such telecommunications equipment for inclusion
in a high or moderate impact system, including any risk
associated with such system being produced, manufactured, or
assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by
the People's Republic of China, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, or the Russian
Federation.
(b) None of the funds appropriated or otherwise made available under
this Act may be used to acquire a high or moderate impact information
system reviewed and assessed under subsection (a) unless the head of the
assessing entity described in subsection (a) has--
[[Page 138 STAT. 729]]
(1) <<NOTE: Mitigation strategy.>> developed, in
consultation with NIST and supply chain risk management experts,
a mitigation strategy for any identified risks;
(2) <<NOTE: Determination.>> determined, in consultation
with NIST and the Federal Bureau of Investigation, that the
acquisition of such telecommunications equipment for inclusion
in a high or moderate impact system is in the vital national
security interest of the United States; and
(3) <<NOTE: Reports.>> reported that determination to the
Committees on Appropriations of the House of Representatives and
the Senate in a manner that identifies the telecommunications
equipment for inclusion in a high or moderate impact system
intended for acquisition and a detailed description of the
mitigation strategies identified in paragraph (1), provided that
such report may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities or other official government activities.
plastic waste reduction
Sec. 210. <<NOTE: Contracts.>> All agencies and offices funded by
this Act that contract with a food service provider or providers shall
confer and coordinate with such food service provider or providers, in
consultation with disability advocacy groups, to eliminate or reduce
plastic waste, including waste from plastic straws, explore the use of
biodegradable items, and increase recycling and composting
opportunities.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2024''.
DIVISION F-- <<NOTE: Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2024.>> DEPARTMENT OF STATE,
FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,413,107,000, of which
$839,910,000 may remain available until September 30, 2025, and of which
up to $3,813,707,000 may remain available until expended
[[Page 138 STAT. 730]]
for Worldwide Security Protection: Provided, <<NOTE: Allocations.>>
That funds made available under this heading shall be allocated in
accordance with paragraphs (1) through (4), as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$3,336,128,000, of which up to $684,767,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,828,155,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State, including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation, and disarmament activities as authorized,
$1,091,879,000.
(4) Security programs.--For necessary expenses for security
activities, $3,156,945,000, of which up to $3,128,940,000 is for
Worldwide Security Protection.
(5) Reprogramming.--Notwithstanding any other provision of
this Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject to section
7015 of this Act.
consular and border security programs
Of the amounts deposited in the Consular and Border Security
Programs account in this or any prior fiscal year pursuant to section
7069(e) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law 117-103),
$50,000,000 shall be available until expended for the purposes of such
account, including to reduce passport backlogs and reduce visa wait
times: Provided, <<NOTE: Regulations. Fees.>> That the Secretary of
State may by regulation authorize State officials or the United States
Postal Service to collect and retain the execution fee for each
application for a passport accepted by such officials or by that
Service.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$131,670,000, of which $16,025,000 may remain available until September
30, 2025, and of which $24,835,000 may remain available until September
30, 2025 for the Special Inspector General for Afghanistan
Reconstruction (SIGAR): Provided, That funds appropriated under this
heading are made available notwithstanding section 209(a)(1) of the
Foreign Service Act of 1980 (22 U.S.C.
[[Page 138 STAT. 731]]
3929(a)(1)), as it relates to post inspections: Provided further, That
funds appropriated under this heading that are made available for the
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $741,000,000, to remain available until
expended, of which not less than $287,800,000 shall be for the Fulbright
Program: Provided, That fees or other payments received from, or in
connection with, English teaching, educational advising and counseling
programs, and exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, <<NOTE: Fellowships and scholarships. Consultation.>> That a
portion of the Fulbright awards from the Eurasia and Central Asia
regions shall be designated as Edmund S. Muskie Fellowships, following
consultation with the Committees on Appropriations: Provided further,
That funds appropriated under this heading that are made available for
the Benjamin Gilman International Scholarships Program shall also be
made available for the John S. McCain Scholars Program, pursuant to
section 7075 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public Law 116-6):
Provided further, <<NOTE: Consultation. Notification.>> That any
substantive modifications from the prior fiscal year to programs funded
under this heading in this Act shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2025.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $902,615,000, to remain
available until September 30, 2028, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,055,206,000, to remain
available until expended.
[[Page 138 STAT. 732]]
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $8,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,800,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$5,167,004.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $35,964,000.
international center, washington, district of columbia
Not to exceed $1,842,732 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $744,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International <<NOTE: 22 USC 269a note.>> Organizations
contributions to international organizations
For <<NOTE: United Nations. Notifications.>> necessary expenses, not
otherwise provided for, to meet annual obligations of membership in
international multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions, or
specific Acts of Congress, $1,543,452,000, of which $96,240,000 may
remain available until September 30, 2025: Provided, <<NOTE: Budget.>>
That the Secretary of State shall, at the time of the submission of the
President's budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the most
recent biennial budget prepared by the United Nations for the operations
of the United Nations: Provided further, <<NOTE: Time period.>> That
the Secretary of State shall notify the Committees on Appropriations at
least 15 days in advance (or in an emergency, as far in advance as is
practicable) of any United Nations action to increase funding for any
United Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget: Provided further, That any
payment
[[Page 138 STAT. 733]]
of arrearages under this heading shall be directed to activities that
are mutually agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known to
the United States Government by such organization for loans incurred on
or after October 1, 1984, through external borrowings: Provided
further, That funds made available under this heading may be made
available for United States contributions in support of the
International Energy Forum.
contributions for international peacekeeping activities <<NOTE: United
Nations.>>
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,367,407,000, of
which $683,704,000 may remain available until September 30, 2025:
Provided, <<NOTE: Time period. Notifications. Cost estimates.>> That
none of the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in advance as
is practicable), the Committees on Appropriations are notified of: (1)
the estimated cost and duration of the mission, the objectives of the
mission, the national interest that will be served, and the exit
strategy; and (2) the sources of funds, including any reprogrammings or
transfers, that will be used to pay the cost of the new or expanded
mission, and the estimated cost in future fiscal years: Provided
further, That <<NOTE: Certification. Reports. Human rights. Public
information. Web posting.>> none of the funds appropriated under this
heading may be made available for obligation unless the Secretary of
State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United Nations
employees, contractor personnel, and peacekeeping troops serving in such
mission from trafficking in persons, exploiting victims of trafficking,
or committing acts of sexual exploitation and abuse or other violations
of human rights, and to hold accountable individuals who engage in such
acts while participating in such mission, including prosecution in their
home countries and making information about such prosecutions publicly
available on the website of the United Nations: Provided
further, <<NOTE: Procedures. Human rights.>> That the Secretary of State
shall work with the United Nations and foreign governments contributing
peacekeeping troops to implement effective vetting procedures to ensure
that such troops have not violated human rights: Provided
further, <<NOTE: Determination.>> That funds shall be available for
peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided
further, <<NOTE: President. Recommenda- tions.>> That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's
[[Page 138 STAT. 734]]
military advisors have submitted to the President a recommendation that
such involvement is in the national interest of the United States and
the President has submitted to Congress such a recommendation: Provided
further, <<NOTE: Notifications.>> That any payment of arrearages with
funds appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations.
International Commissions <<NOTE: 22 USC 269a note.>>
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, <<NOTE: Compliance.>>
united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $64,800,000,
of which $9,720,000 may remain available until September 30, 2025.
construction
For detailed plan preparation and construction of authorized
projects, $156,050,000, to remain available until expended, as
authorized: Provided, <<NOTE: Transfer
authority. Consultation. Notification.>> That of the funds appropriated
under this heading in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs for
the United States Section, up to $5,000,000 may be transferred to, and
merged with, funds appropriated under the heading ``Salaries and
Expenses'' to carry out the purposes of the United States Section, which
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such transfer authority is in addition to any other
transfer authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for technical
assistance grants and the Community Assistance Program of the North
American Development Bank, $16,204,000: Provided, That of the amount
provided under this heading for the International Joint Commission, up
to $1,250,000 may remain available until September 30, 2025, and up to
$9,000 may be made available for representation expenses: Provided
further, That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made available
for representation expenses.
[[Page 138 STAT. 735]]
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $65,719,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for Global
Media (USAGM), as authorized, to carry out international communication
activities, and to make and supervise grants for radio, Internet, and
television broadcasting to the Middle East, $857,214,000, of which
$42,861,000 may remain available until September 30, 2025: Provided,
That in addition to amounts otherwise available for such purposes, up to
$75,722,000 of the amount appropriated under this heading may remain
available until expended for satellite transmissions, global network
distribution, and Internet freedom programs, of which not less than
$43,500,000 shall be for Internet freedom programs: Provided further,
That of the total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses, of which $10,000 may be
used for such expenses within the United States as authorized, and not
to exceed $30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further,
That <<NOTE: Allocations.>> funds appropriated under this heading shall
be allocated in accordance with the table included under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act):
Provided <<NOTE: Notifications.>> further, That notwithstanding the
previous proviso, funds may be reprogrammed within and between amounts
designated in such table, subject to the regular notification procedures
of the Committees on Appropriations, except that no such reprogramming
may reduce a designated amount by more than 5 percent: Provided
further, That funds appropriated under this heading shall be made
available in accordance with the principles and standards set forth in
section 303(a) and (b) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6202) and section 305(b) of such Act (22 U.S.C.
6204): Provided
further, <<NOTE: Notifications. Deadline. Determination. Terrorism.>>
That the USAGM Chief Executive Officer shall notify the Committees on
Appropriations within 15 days of any determination by the USAGM that any
of its broadcast entities, including its grantee organizations, provides
an open platform for international terrorists or those who support
international terrorism, or is in violation of the principles and
standards set forth in section 303(a) and (b) of such Act or the
entity's journalistic code of ethics: Provided further, That in
addition to funds made available under this heading, and notwithstanding
any other provision of law, up to $5,000,000 in receipts from
advertising and revenue from business ventures, up to $500,000 in
receipts from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes: Provided
further,
[[Page 138 STAT. 736]]
That <<NOTE: Notifications.>> significant modifications to USAGM
broadcast hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet, and
television), for all USAGM language services shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, <<NOTE: Transfer authority.>> That up to $7,000,000
from the USAGM Buying Power Maintenance account may be transferred to,
and merged with, funds appropriated by this Act under the heading
``International Broadcasting Operations'', which shall remain available
until expended: Provided
further, <<NOTE: Consultation. Notifications.>> That such transfer
authority is in addition to any transfer authority otherwise available
under any other provision of law and shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such purposes,
$9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $22,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $55,000,000, to remain available until September 30, 2025,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2024, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2024, to remain
[[Page 138 STAT. 737]]
available until expended:
Provided, <<NOTE: Salaries. Compensation. Contracts.>> That none of the
funds appropriated herein shall be used to pay any salary or other
compensation, or to enter into any contract providing for the payment
thereof, in excess of the rate authorized by section 5376 of title 5,
United States Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations, including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2024, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$22,000,000.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy Act
(22 U.S.C. 4412), $315,000,000, to remain available until expended, of
which $210,316,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $104,684,000 shall be for
democracy programs: Provided, That the requirements of section 7062(a)
of this Act shall not apply to funds made available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, as authorized by chapter 3123 of title 54,
United States Code, $770,000, of which $116,000 may remain available
until September 30, 2025: Provided, <<NOTE: Contracts.>> That the
Commission may procure temporary, intermittent, and other services
notwithstanding paragraph (3) of section 312304(b) of such chapter:
Provided further, <<NOTE: Termination date.>> That such authority shall
terminate on October 1, 2024: Provided
further, <<NOTE: Notification.>> That the Commission shall notify the
Committees on Appropriations prior to exercising such authority.
[[Page 138 STAT. 738]]
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$4,000,000, to remain available until September 30, 2025, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
$2,908,000, including not more than $6,000 for representation expenses,
to remain available until September 30, 2025.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2025.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2025:
Provided, <<NOTE: Extension. Applicability.>> That the authorities,
requirements, limitations, and conditions contained in the second
through fifth provisos under this heading in the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) shall continue in effect during
fiscal year 2024 and shall apply to funds appropriated under this
heading.
Commission on Reform and Modernization of the Department of State
salaries and expenses
For necessary expenses of the Commission on Reform and Modernization
of the Department of State, as authorized by section 9803 of the
Department of State Authorization Act of 2022 (title
[[Page 138 STAT. 739]]
XCVIII of division I of Public Law 117-263), $2,000,000, to remain
available until September 30, 2025.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,695,000,000, of which up to
$254,250,000 may remain available until September 30, 2025: Provided,
That <<NOTE: Contracts. Reports. Time period.>> none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this title may be made available to finance the
construction (including architect and engineering services), purchase,
or long-term lease of offices for use by the United States Agency for
International Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of funds for
such purposes: Provided further, <<NOTE: Contracts.>> That contracts
or agreements entered into with funds appropriated under this heading
may entail commitments for the expenditure of such funds through the
following fiscal year: Provided further, <<NOTE: Transfer
authority.>> That the authority of sections 610 and 109 of the Foreign
Assistance Act of 1961 may be exercised by the Secretary of State to
transfer funds appropriated to carry out chapter 1 of part I of such Act
to ``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year: Provided further, <<NOTE: Transfer authority.>>
That of the funds appropriated under this heading, up to $20,000,000 may
be transferred to, and merged with, funds appropriated or otherwise made
available in title II of this Act under the heading ``Capital Investment
Fund'', subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $259,100,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further,
That <<NOTE: Notifications.>> funds appropriated under this heading
shall be available subject to the regular notification procedures of the
Committees on Appropriations.
[[Page 138 STAT. 740]]
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $85,500,000, of which up to
$12,825,000 may remain available until September 30, 2025, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For <<NOTE: Apportionment.>> necessary expenses to carry out the
provisions of chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961, for global health activities, in addition to funds otherwise
available for such purposes, $3,985,450,000, to remain available until
September 30, 2025, and which shall be apportioned directly to the
United States Agency for International Development: Provided, That this
amount shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions and
organizations in developing countries, and for such activities as: (1)
child survival and maternal health programs; (2) immunization and oral
rehydration programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and children, and
related education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the prevention,
treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
malaria, and other infectious diseases including neglected tropical
diseases, and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6) disaster
preparedness training for health crises; (7) programs to prevent,
prepare for, and respond to unanticipated and emerging global health
threats, including zoonotic diseases; and (8) family planning/
reproductive health: Provided further, That funds appropriated under
this paragraph may be made available for United States contributions to
The GAVI Alliance and to a multilateral vaccine development partnership
to support epidemic preparedness: Provided
further, <<NOTE: Determination. President. Abortion.>> That none of the
funds made available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, <<NOTE: Deadline.>> That
any determination made under the previous proviso must be made not later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, <<NOTE: Abortion.>> That none of the
funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate or
coerce
[[Page 138 STAT. 741]]
any person to practice abortions: Provided further, That nothing in
this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided
further, <<NOTE: Lobbying. Abortion.>> That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, <<NOTE: Family
planning. Requirements. Determination. Reports.>> That in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer, either
directly or through referral to, or information about access to, a broad
range of family planning methods and services, and that any such
voluntary family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of
this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further,
That <<NOTE: Grants. Discrimination. Compliance.>> in awarding grants
for natural family planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further,
That <<NOTE: Definition.>> for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling about
all pregnancy options: Provided further, <<NOTE: Condoms.>> That
information provided about the use of condoms as part of projects or
activities that are funded from amounts appropriated by this Act shall
be medically accurate and shall include the public health benefits and
failure rates of such use.
[[Page 138 STAT. 742]]
In <<NOTE: Apportionment.>> addition, for necessary expenses to
carry out the provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/AIDS,
$6,045,000,000, to remain available until September 30, 2028, which
shall be apportioned directly to the Department of State: Provided,
That funds appropriated under this paragraph may be made available,
notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria (Global Fund): Provided
further, That the amount of such contribution shall be $1,650,000,000:
Provided further, <<NOTE: Notifications.>> That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2024 may be made available to USAID for technical assistance
related to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph, up to
$22,000,000 may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the United
States Global AIDS Coordinator, consistent with the direction included
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $3,931,000,000, to remain available
until September 30, 2025: Provided, <<NOTE: Apportionment.>> That
funds made available under this heading shall be apportioned to the
United States Agency for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $4,779,000,000, to remain
available until expended, of which $750,000,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided, <<NOTE: Apportionment. Deadline.>> That funds made
available under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days after the
date of enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $75,000,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, <<NOTE: Reports.>> That the USAID Administrator
[[Page 138 STAT. 743]]
shall submit a report to the Committees on Appropriations at least 5
days prior to beginning a new, or terminating a, program of assistance:
Provided further, <<NOTE: Determination.>> That if the Secretary of
State determines that it is important to the national interest of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, <<NOTE: Consultation.>> That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section 509(b)
of the Global Fragility Act of 2019 (title V of division J of Public Law
116-94), $55,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available
notwithstanding any other provision of law, except sections 7007, 7008,
and 7018 of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That <<NOTE: Apportionment.>> funds
appropriated under this heading shall be apportioned to the United
States Agency for International Development.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,890,400,000, to remain
available until September 30, 2025, of which $300,000,000 is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $205,200,000, to remain available
until September 30, 2025, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
made available by this Act for such purposes: Provided
further, <<NOTE: Consultation.>> That the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, shall consult
with the Committees on Appropriations prior to the initial obligation of
funds appropriated under this paragraph.
For an additional amount for such purposes, $140,000,000, to remain
available until September 30, 2025, which shall be made available for
the Bureau for Democracy, Human Rights, and Governance, United States
Agency for International Development.
[[Page 138 STAT. 744]]
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $770,334,000, to remain available until September
30, 2025, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C.
5402), in addition to funds otherwise available for such purposes, of
which $310,000,000 is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided,
That funds appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' that are made available for assistance for
such countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to section 102
of the FREEDOM Support Act and section 601 of the SEED Act of 1989:
Provided further, That funds appropriated under this heading shall be
considered to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative authorities
contained in that Act for the use of economic assistance: Provided
further, That funds appropriated under this heading may be made
available for contributions to multilateral initiatives to counter
hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,928,000,000, to remain
available until expended, of which $750,000,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided, That of the funds appropriated under this heading,
$5,000,000 shall be made available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)),
$100,000, to remain available until expended: Provided, That
amounts <<NOTE: Transfer authority.>> in excess of the limitation
contained in paragraph (2) of such section shall be transferred to, and
merged with, funds
[[Page 138 STAT. 745]]
made available by this Act under the heading ``Migration and Refugee
Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States, $430,500,000, of which $7,800,000 is for
the Office of Inspector General, to remain available until September 30,
2025: Provided, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by section 16
of the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may be available
for representation expenses, of which not to exceed $4,000 may be made
available for entertainment expenses: Provided
further, <<NOTE: Consultation.>> That in addition to the requirements
under section 7015(a) of this Act, the Peace Corps shall consult with
the Committees on Appropriations prior to any decision to open, close,
or suspend a domestic or overseas office or a country program unless
there is a substantial risk to volunteers or other Peace Corps
personnel: Provided further, <<NOTE: Abortion.>> That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, <<NOTE: Applicability.>> That notwithstanding the
previous proviso, section 614 of division E of Public Law 113-76 shall
apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $930,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $143,000,000 may be available for
administrative expenses of the Millennium Challenge Corporation:
Provided further, <<NOTE: Applicability.>> That section 605(e) of the
MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this
heading: Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact entered into
pursuant to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for entertainment
expenses: Provided further, <<NOTE: Extension. Termination date.>> That
the member of the Board described in section 604(c)(3)(B)(ii) of the
Millennium Challenge Act of 2003 (22 U.S.C. 7703(c)(3)(B)(ii)), whose
term began on September 16, 2019, shall continue to serve in such
appointment until December
[[Page 138 STAT. 746]]
31, 2024: Provided further, <<NOTE: Termination date.>> That in the
event that a new member of the Board described in section 604(c)(3)(B)
of such Act is appointed prior to December 31, 2024, the term of the
member of the Board whose term began on September 16, 2019, shall
terminate as of the date of such appointment.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $47,000,000, to remain available
until September 30, 2025: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$45,000,000, to remain available until September 30, 2025, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further,
That <<NOTE: Waiver authority.>> notwithstanding section 505(a)(2) of
the African Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF may waive
the $250,000 limitation contained in that section with respect to a
project and a project may exceed the limitation by up to 10 percent if
the increase is due solely to foreign currency fluctuation: Provided
further, <<NOTE: Reports.>> That the USADF shall submit a report to the
appropriate congressional committees after each time such waiver
authority is exercised: Provided further, <<NOTE: Payments.>> That the
USADF may make rent or lease payments in advance from appropriations
available for such purpose for offices, buildings, grounds, and quarters
in Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation from
the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $38,000,000, to remain available
until expended: Provided, <<NOTE: Contracts.>> That amounts made
available under this heading may be made available to contract for
services as described in section 129(d)(3)(A) of the Foreign Assistance
Act of 1961, without regard to the location in which such services are
performed.
[[Page 138 STAT. 747]]
debt restructuring <<NOTE: President. Determination.>>
For ``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' there is appropriated $26,000,000, to remain
available until September 30, 2027, for the costs, as defined in section
502 of the Congressional Budget Act of 1974, of modifying loans and loan
guarantees for, or credits extended to, such countries as the President
may determine, including the costs of selling, reducing, or canceling
amounts owed to the United States pursuant to multilateral debt
restructurings, including Paris Club debt restructurings and the
``Common Framework for Debt Treatments beyond the Debt Service
Suspension Initiative'': Provided, That such amounts may be used
notwithstanding any other provision of law.
tropical forest and coral reef <<NOTE: President. Determination.>>
conservation
For the costs, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the costs of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries pursuant to part V of the Foreign Assistance Act of 1961,
$15,000,000, to remain available until September 30, 2027.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law
enforcement <<NOTE: Notifications.>>
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,400,000,000, to remain available until
September 30, 2025, of which $115,000,000 is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided, That the Department of State may use the authority
of section 608 of the Foreign Assistance Act of 1961, without regard to
its restrictions, to receive excess property from an agency of the
United States Government for the purpose of providing such property to a
foreign country or international organization under chapter 8 of part I
of such Act, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That section 482(b) of
the Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
corrections, judges, and other judicial authorities, utilizing regional
partners: Provided further, That funds made available under this
heading that are transferred to another department, agency, or
[[Page 138 STAT. 748]]
instrumentality of the United States Government pursuant to section
632(b) of the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading for Program Development and Support may be
made available notwithstanding pre-obligation requirements contained in
this Act, except for the notification requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $870,000,000, to remain
available until September 30, 2025, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961 for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA):
Provided, <<NOTE: Consultation. Notifications.>> That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of law
and subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, to promote bilateral
and multilateral activities relating to nonproliferation, disarmament,
and weapons destruction, and shall remain available until expended:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security interest
of the United States to do so: Provided
further, <<NOTE: Determination. Israel.>> That funds appropriated under
this heading may be made available for the IAEA unless the Secretary of
State determines that Israel is being denied its right to participate in
the activities of that Agency: Provided
further, <<NOTE: Notifications.>> That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to the
regular notification procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $410,458,000, of which $291,425,000
may remain available until September 30, 2025: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of the Foreign Assistance Act of 1961, to provide assistance to enhance
the capacity of foreign civilian
[[Page 138 STAT. 749]]
security forces, including gendarmes, to participate in peacekeeping
operations: Provided further, That of the funds appropriated under this
heading, not less than $34,000,000 shall be made available for a United
States contribution to the Multinational Force and Observers mission in
the Sinai: Provided further, <<NOTE: Somalia.>> That funds appropriated
under this heading may be made available to pay assessed expenses of
international peacekeeping activities in Somalia under the same terms
and conditions, as applicable, as funds appropriated by this Act under
the heading ``Contributions for International Peacekeeping Activities'':
Provided further, That <<NOTE: Notifications.>> funds appropriated
under this heading shall be subject to the regular notification
procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $119,152,000, to remain available
until September 30, 2025: Provided, That the civilian personnel for
whom military education and training may be provided under this heading
may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights: Provided
further, <<NOTE: Consultation.>> That of the funds appropriated under
this heading, $3,000,000 shall remain available until expended to
increase the participation of women in programs and activities funded
under this heading, following consultation with the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $50,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,133,397,000, of which $275,000,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided, <<NOTE: Consultation. Notifications. Contracts.>>
That to expedite the provision of assistance to foreign countries and
international organizations, the Secretary of State, following
consultation with the Committees on Appropriations and subject to the
regular notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles and services
to enhance the capacity of foreign security forces: Provided further,
That funds appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further,
That <<NOTE: Apportionment.>> funds made available under this heading
shall be obligated upon apportionment in accordance with paragraph
(5)(C) of section 1501(a) of title 31, United States Code.
None <<NOTE: Contracts.>> of the funds made available under this
heading shall be available to finance the procurement of defense
articles, defense services, or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement has
first signed an agreement with the United States Government
[[Page 138 STAT. 750]]
specifying the conditions under which such procurement may be financed
with such funds: Provided, <<NOTE: Notification.>> That all country
and funding level increases in allocations shall be submitted through
the regular notification procedures of section 7015 of this Act:
Provided further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for demining, the
clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and international
organizations: Provided further, That a country that is a member of the
North Atlantic Treaty Organization (NATO) or is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of 1961 may
utilize funds made available under this heading for procurement of
defense articles, defense services, or design and construction services
that are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided
further, <<NOTE: Notifications.>> That not more than $72,000,000 of the
funds appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State may use funds made available under this heading
pursuant to the previous proviso for the administrative and other
operational costs of the Department of State related to military
assistance and sales, assistance under section 551 of the Foreign
Assistance Act of 1961, and Department of Defense security assistance
programs, in addition to funds otherwise available for such purposes:
Provided further, <<NOTE: Consultation.>> That up to $2,000,000 of the
funds made available pursuant to the previous proviso may be used for
direct hire personnel, except that this limitation may be exceeded by
the Secretary of State following consultation with the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided
further, <<NOTE: Notifications.>> That not more than $1,541,392,546 of
funds realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for expenses
incurred by the Department of Defense during fiscal year 2024 pursuant
to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)),
except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, $436,920,000: Provided,
[[Page 138 STAT. 751]]
That section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to contributions to the United Nations Democracy Fund: Provided
further, <<NOTE: Deadline. Consultation. Notifications.>> That not later
than 60 days after the date of enactment of this Act, such funds shall
be made available for core contributions for each entity listed in the
table under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
unless otherwise provided for in this Act, or if the Secretary of State
has justified to the Committees on Appropriations the proposed uses of
funds other than for core contributions following prior consultation
with, and subject to the regular notification procedures of, such
Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $150,200,000, to remain available until
expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $125,000,000, to
remain available until expended: Provided, That up to $125,000,000 of
such amount shall be available to cover costs, as defined in section 502
of the Congressional Budget Act of 1974, of direct loans issued to the
Clean Technology Fund: Provided further, That such funds are available
to subsidize gross obligations for the principal amount of direct loans
without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States share
of the paid-in portion of the increases in capital stock, $206,500,000,
to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
increases in capital stock in an amount not to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,380,256,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $87,220,000, to remain available until
expended.
[[Page 138 STAT. 752]]
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,648,752, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of increases in capital stock in an amount
not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $197,000,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $43,000,000, to remain available until
expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $10,000,000, to remain available until
expended.
treasury international assistance programs
For contributions by the Secretary of the Treasury to international
financial institutions and trust funds administered by such
institutions, in addition to amounts otherwise available for such
purposes, $50,000,000, to remain available until expended: Provided,
That of the amount made available under this heading, up to $50,000,000
may be available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of loan guarantees to the
International Bank for Reconstruction and Development and the Asian
Development Bank: Provided further, <<NOTE: Transfer authority.>> That
funds made available under this heading may be transferred to, and
merged with, funds provided under the heading ``Contribution to the
International Development Association'' in this title and under the
headings ``Department of the Treasury, International Affairs Technical
Assistance'' and ``Department of the Treasury, Debt Restructuring'' in
title III of this Act: Provided further, That such transfer authority
is in addition to any transfer authority otherwise available in this Act
and under any other provision of law: Provided
further, <<NOTE: Consultation. Notifications.>> That funds made
available under this heading, including funds transferred pursuant to
the second proviso, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
[[Page 138 STAT. 753]]
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $8,860,000, of which up to $1,329,000 may remain available
until September 30, 2025.
program account <<NOTE: Contracts.>>
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $125,000,000, of which up to $18,750,000 may remain available
until September 30, 2025: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided
further, <<NOTE: Termination date. 12 USC 635a note.>> That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect until
September 30, 2024: Provided further, <<NOTE: Fees.>> That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal, financial,
or technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further, That
in addition to other funds appropriated for administrative
[[Page 138 STAT. 754]]
expenses, such fees shall be credited to this account for such purposes,
to remain available until expended.
program budget appropriations <<NOTE: Loans.>>
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $15,000,000, to remain available until
September 30, 2027: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further,
That <<NOTE: Disbursement. Grants. Time periods.>> such funds shall
remain available until September 30, 2039, for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants obligated
in fiscal years 2024 through 2027.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account:
Provided, <<NOTE: Reduction.>> That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar basis by such
offsetting collections so as to result in a final fiscal year
appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $7,200,000, to remain available until September 30, 2025.
corporate capital account
The United States International Development Finance Corporation (the
Corporation) is authorized to make such expenditures and commitments
within the limits of funds and borrowing authority available to the
Corporation, and in accordance with the law, and to make such
expenditures and commitments without regard to fiscal year limitations,
as provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs for the current fiscal year for
the Corporation: Provided, That for necessary expenses of the
activities described in subsections (b), (c), (e), (f), and (g) of
section 1421 of the BUILD Act of 2018 (division F of Public Law 115-254)
and for administrative expenses to carry out authorized activities
described in section 1434(d) of such Act, $983,250,000: Provided
further, That of the amount provided--
(1) $243,000,000 shall remain available until September 30,
2026, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000); and
[[Page 138 STAT. 755]]
(2) $740,250,000 shall remain available until September 30,
2026, for the activities described in subsections (b), (c), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018, except
such amounts obligated in a fiscal year for activities described
in section 1421(c) of such Act shall remain available for
disbursement for the term of the underlying project: Provided
further, That amounts made available under this paragraph may be
paid to the ``United States International Development Finance
Corporation--Program Account'' for programs authorized by
subsections (b), (e), (f), and (g) of section 1421 of the BUILD
Act of 2018:
Provided further, <<NOTE: Consultation. Notifications.>> That funds
may only be obligated pursuant to section 1421(g) of the BUILD Act of
2018 subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the Committees on
Appropriations: Provided further, <<NOTE: Consultation.>> That funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for
support by the Corporation in upper-middle income countries shall be
subject to prior consultation with the Committees on Appropriations:
Provided further, <<NOTE: Collections.>> That in fiscal year 2024
collections of amounts described in section 1434(h) of the BUILD Act of
2018 shall be credited as offsetting collections to this appropriation:
Provided further, That such collections collected in fiscal year 2024 in
excess of $983,250,000 shall be credited to this account and shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That in fiscal year 2024, if
such collections are less than $983,250,000, receipts collected pursuant
to the BUILD Act of 2018 and the Federal Credit Reform Act of 1990, in
an amount equal to such shortfall, shall be credited as offsetting
collections to this appropriation: Provided further, That fees charged
for project-specific transaction costs as described in section 1434(k)
of the BUILD Act of 2018, and other direct costs associated with
origination or monitoring services provided to specific or potential
investors, shall not be considered administrative expenses for the
purposes of this heading: Provided further, That such fees shall be
credited to this account for such purposes, to remain available until
expended: Provided further, That funds appropriated or otherwise made
available under this heading may not be used to provide any type of
assistance that is otherwise prohibited by any other provision of law or
to provide assistance to any foreign country that is otherwise
prohibited by any other provision of law: Provided
further, <<NOTE: Reduction.>> That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to result in a
final fiscal year appropriation from the General Fund estimated at
$556,450,000.
program account <<NOTE: Loans.>>
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2026: Provided, That amounts paid to this account
from CCA or transferred to this account pursuant to section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-254) shall be
available for the costs of direct and guaranteed loans provided by the
Corporation pursuant to section
[[Page 138 STAT. 756]]
1421(b) of such Act and the costs of modifying loans and loan guarantees
transferred to the Corporation pursuant to section 1463 of such Act:
Provided further, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, <<NOTE: Disbursement. Time
periods.>> That such amounts obligated in a fiscal year shall remain
available for disbursement for the following 8 fiscal years: Provided
further, That <<NOTE: Time period.>> funds made available in this Act
and transferred to carry out the Foreign Assistance Act of 1961 pursuant
to section 1434(j) of the BUILD Act of 2018 may remain available for
obligation for 1 additional fiscal year: Provided further, That the
total loan principal or guaranteed principal amount shall not exceed
$12,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $87,000,000, to remain available
until September 30, 2025, of which no more than $24,500,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. <<NOTE: Time periods. Records.>> Any department or
agency of the United States Government to which funds are appropriated
or otherwise made available by this Act shall provide to the Committees
on Appropriations a quarterly accounting of cumulative unobligated
balances and obligated, but unexpended, balances by program, project,
and activity, and Treasury Account Fund Symbol of all funds received by
such department or agency in fiscal year 2024 or any previous fiscal
year, disaggregated by fiscal year: Provided, That the report required
by this section shall be submitted not later than 30 days after the end
of each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. <<NOTE: Contracts.>> The expenditure of any
appropriation under title I of this Act for any consulting service
through procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where such
expenditures are
[[Page 138 STAT. 757]]
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A of
H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act), as amended by section 111
of the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323), a project to construct a facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(b) Consultation and Notifications.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2024,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That the Secretary of State shall
consult with the Committees on Appropriations at the early project
development stage for out-year construction projects, including to
discuss security and non-security construction requirements,
modifications to scope, and cost reductions identified for such
projects, consistent with applicable laws and regulations: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary shall
submit a quarterly report to the Committees on Appropriations on
contingency savings identified from funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' by prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and the obligation of funds made available by such
savings shall be subject to prior consultation with the Committees on
Appropriations.
(c) Interim and Temporary Facilities Abroad.--
(1) <<NOTE: Consultation.>> Security vulnerabilities.--Funds
appropriated by this Act under the heading ``Embassy Security,
Construction, and Maintenance'' may be made available, following
consultation with the appropriate congressional committees, to
address security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical security
upgrades and local guard staffing.
(2) <<NOTE: Notification. Waiver
authority.>> Consultation.--Notwithstanding any other provision
of law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures
of the Committees on Appropriations, except that such
consultation and notification may be waived if there is a
security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may
[[Page 138 STAT. 758]]
be made available for security upgrades to soft targets, including
schools, recreational facilities, residences, and places of worship used
by United States diplomatic personnel and their dependents.
(e) <<NOTE: Guidance. Requirements.>> Report.--Of the funds
appropriated by this Act under the heading ``Diplomatic Programs'',
$100,000,000 may not be obligated until the Secretary of State
promulgates new guidance and requirements consistent with section 9301
of the Secure Embassy Construction and Counterterrorism Act of 2022
(title XCIII of division I of Public Law 117-263) and submits to the
appropriate congressional committees a report detailing such guidance
and requirements, including the impact of implementation on United
States diplomatic facilities and construction projects.
(f) Facilities.--
(1) <<NOTE: Israel.>> None of the funds made available by
this Act may be used to move the United States embassy in Israel
to a location other than Jerusalem.
(2) <<NOTE: Repeal.>> Section 305 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1989 (Public Law 100-
459) <<NOTE: 102 Stat. 2208.>> is repealed.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, <<NOTE: Transfer authority.>> That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before enactment of this Act by Congress: Provided, That
up to $25,000 may be made available to carry out the provisions of
section 316 of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated or
otherwise made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
[[Page 138 STAT. 759]]
assistance to the government of any country whose duly elected head of
government is deposed by military coup d'etat or decree or, after the
date of enactment of this Act, a coup d'etat or decree in which the
military plays a decisive role:
Provided, <<NOTE: Certification. Reports.>> That assistance may be
resumed to such government if the Secretary of State certifies and
reports to the appropriate congressional committees that subsequent to
the termination of assistance a democratically elected government has
taken office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections or public
participation in democratic processes, or to support a democratic
transition: Provided further, <<NOTE: Consultation. Notifications.>>
That funds made available pursuant to the previous provisos shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(b) <<NOTE: Consultations. Certification. Reports.>> Waiver.--The
Secretary of State, following consultation with the heads of relevant
Federal agencies, may waive the restriction in this section on a
program-by-program basis if the Secretary certifies and reports to the
Committees on Appropriations that such waiver is in the national
security interest of the United States:
Provided, <<NOTE: Notifications.>> That funds made available pursuant to
such waiver shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year
for the Department of State under title I of this Act
may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation under
the heading ``Representation Expenses''.
(B) <<NOTE: Determination. Reports. Consultation. Notific
ations.>> Embassy security.--Funds appropriated under
the headings ``Diplomatic Programs'', including for
Worldwide Security Protection, ``Embassy Security,
Construction, and Maintenance'', and ``Emergencies in
the Diplomatic and Consular Service'' in this Act may be
transferred to, and merged with, funds appropriated
under such headings if the Secretary of State determines
and reports to the Committees on Appropriations that to
do so is necessary to implement the recommendations of
the Benghazi Accountability Review Board, for emergency
evacuations, or to prevent or respond to security
situations and requirements, following consultation
with, and subject to the regular notification procedures
of, such Committees.
(C) Emergencies in the diplomatic and consular
service.--Of the amount made available under the heading
``Diplomatic Programs'' for Worldwide Security
Protection, not to exceed $50,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular
[[Page 138 STAT. 760]]
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(D) Capital investment fund.--Of the amount made
available under the heading, ``Diplomatic Programs'', up
to $50,000,000 may be transferred to, and merged with,
funds made available in title I of this Act under the
heading ``Capital Investment Fund''.
(E) <<NOTE: Requirement.>> Prior consultation.--The
transfer authorities provided by subparagraphs (B), (C),
and (D) are in addition to any transfer authority
otherwise available in this Act and under any other
provision of law and the exercise of such authority
shall be subject to prior consultation with the
Committees on Appropriations.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media under
title I of this Act may be transferred between, and merged with,
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than
10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the BUILD
Act of 2018 (division F of Public Law 115-254).
(3) <<NOTE: Contracts. Requirement.>> Notification.--Any
agreement entered into by the United States Agency for
International Development or the Department of State with any
department, agency, or instrumentality of the United States
Government pursuant to section 632(b) of the Foreign Assistance
Act of 1961 valued in excess of $1,000,000 and any agreement
made pursuant to section 632(a) of such Act, with funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs under the headings ``Global Health Programs'',
``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided, That the requirement in the
previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
[[Page 138 STAT. 761]]
(c) United States International Development Finance Corporation.--
(1) Transfers.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) may only be transferred from funds made available under
title III of this Act:
Provided, <<NOTE: Requirement. Consultation. Notification.>>
That any such transfers, or any other amounts transferred to the
United States International Development Finance Corporation (the
Corporation) pursuant to any provision of law, shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided
further, <<NOTE: Coordination.>> That the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the Corporation,
as appropriate, shall ensure that the programs funded by such
transfers are coordinated with, and complement, foreign
assistance programs implemented by the Department of State and
USAID.
(2) Transfer of funds from millennium challenge
corporation.--Funds appropriated under the heading ``Millennium
Challenge Corporation'' in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be transferred to accounts under the
heading ``United States International Development Finance
Corporation'' and, when so transferred, may be used for the
costs of activities described in subsections (b) and (c) of
section 1421 of the BUILD Act of 2018:
Provided, <<NOTE: Requirement.>> That such funds shall be
subject to the limitations provided in the second, third, and
fifth provisos under the heading ``United States International
Development Finance Corporation--Program Account'' in this Act:
Provided further, That any transfer executed pursuant to the
transfer authority provided in this paragraph shall not exceed
10 percent of an individual Compact awarded pursuant to section
609(a) of the Millennium Challenge Act of 2003 (title VI of
Public Law 108-199): Provided further, That such funds shall
not be available for administrative expenses of the United
States International Development Finance Corporation: Provided
further, <<NOTE: Requirement. Consultation. Notification.>>
That such authority shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided further, That the transfer authority
provided in this section is in addition to any other transfer
authority provided by law: Provided
further, <<NOTE: Deadline. Notification.>> That within 60 days
of the termination in whole or in part of the Compact from which
funds were transferred under this authority to the United States
International Development Finance Corporation, any unobligated
balances shall be transferred back to the Millennium Challenge
Corporation, subject to the regular notification procedures of
the Committees on Appropriations.
(d) <<NOTE: President. Time period. Consultation. Policy
justification.>> Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be obligated
under an appropriations account to which such funds were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, not less than 5 days prior to the exercise of
any authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations.
[[Page 138 STAT. 762]]
(e) <<NOTE: Contracts. Reports.>> Audit of Inter-Agency Transfers
of Funds.--Any agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs entered
into between the Department of State or USAID and another agency of the
United States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961, or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for the agency
receiving the transfer or allocation of such funds, or other entity with
audit responsibility if the receiving agency does not have an IG, shall
perform periodic program and financial audits of the use of such funds
and report to the Department of State or USAID, as appropriate, upon
completion of such audits: Provided, <<NOTE: Transmittals.>> That such
audits shall be transmitted to the Committees on Appropriations by the
Department of State or USAID, as appropriate: Provided further, That
funds transferred under such authority may be made available for the
cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available
by this Act may be used for first-class travel by employees of United
States Government departments and agencies funded by this Act in
contravention of section 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
(b) <<NOTE: Pornography.>> Computer Networks.--None of the funds
made available by this Act for the operating expenses of any United
States Government department or agency may be used to establish or
maintain a computer network for use by such department or agency unless
such network has filters designed to block access to sexually explicit
websites: Provided, That nothing in this subsection shall limit the use
of funds necessary for any Federal, State, Tribal, or local law
enforcement agency, or any other entity carrying out the following
activities: criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which are
not applied equally to all tobacco or tobacco products (including
electronic nicotine delivery systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment of
email accounts or email servers created outside the .gov domain or not
fitted for automated records management as part of a Federal government
records management program in contravention of the Presidential and
Federal Records Act Amendments of 2014 (Public Law 113-187).
[[Page 138 STAT. 763]]
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in titles
III or VI of this Act, shall take steps to ensure that domestic and
overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) <<NOTE: Alcohol and alcoholic beverages.>> alcoholic
beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions, and
amusement parks.
availability of funds
Sec. 7011. <<NOTE: Time periods.>> No part of any appropriation
contained in this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so provided by
this Act: Provided, That funds appropriated for the purposes of
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the Arms
Export Control Act (22 U.S.C. 2763), and funds made available for
``United States International Development Finance Corporation'' and
under the heading ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available for an
additional 4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially allocated or
obligated before the expiration of their respective periods of
availability contained in this Act: Provided
further, <<NOTE: Reports.>> That the Secretary of State and the
Administrator of the United States Agency for International Development
shall provide a report to the Committees on Appropriations not later
than October 31, 2024, detailing by account and source year, the use of
this authority during the previous fiscal year: Provided
further, <<NOTE: Requirement. Notification.>> That an obligation in
excess of $2,000,000
[[Page 138 STAT. 764]]
from deobligated balances of funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that remain available due to the
exercise of the authority of this section shall be subject to the
regular notification procedures of the Committees on Appropriations.
limitation on assistance to countries in default
Sec. 7012. <<NOTE: Time
period. Loans. President. Determination. Consultation.>> No part of
any appropriation provided under titles III through VI in this Act shall
be used to furnish assistance to the government of any country which is
in default during a period in excess of 1 calendar year in payment to
the United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on
Appropriations, that assistance for such country is in the national
interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) <<NOTE: Negotiation. Requirement.>> Prohibition on
Taxation.--None of the funds appropriated under titles III through VI of
this Act may be made available to provide assistance for a foreign
country under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided by the
United States shall be exempt from taxation, or reimbursed, by the
foreign government, and the Secretary of State and the Administrator of
the United States Agency for International Development shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--
An <<NOTE: Deadline.>> amount equivalent to 200 percent of the total
taxes assessed during fiscal year 2024 on funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign government or
entity against United States assistance programs, either directly or
through grantees, contractors, and subcontractors, shall be withheld
from obligation from funds appropriated for assistance for fiscal year
2025 and for prior fiscal years and allocated for the central government
of such country or for the West Bank and Gaza program, as applicable,
if, not later than September 30, 2025, such taxes have not been
reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) <<NOTE: Reports.>> In general.--The provisions of this
section shall not apply to any foreign government or entity that
assesses such
[[Page 138 STAT. 765]]
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) <<NOTE: Time period.>> Consultation.--The Secretary of
State shall consult with the Committees on Appropriations at
least 15 days prior to exercising the authority of this
subsection with regard to any foreign government or entity.
(f) <<NOTE: Regulations. Guidance.>> Implementation.--The Secretary
of State shall issue and update rules, regulations, or policy guidance,
as appropriate, to implement the prohibition against the taxation of
assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government
of the United States and the government of the country receiving
assistance that describes the privileges and immunities
applicable to United States foreign assistance for such country
generally, or an individual agreement between the Government of
the United States and such government that describes, among
other things, the treatment for tax purposes that will be
accorded the United States assistance provided under that
agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall not
include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible by
operation of any provision of this or any other Act:
Provided, <<NOTE: Requirement. Notification.>> That any such
reprogramming shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made available
under the same terms and conditions as originally provided.
(b) <<NOTE: Determination. Reports.>> Extension of Availability.--
In addition to the authority contained in subsection (a), the original
period of availability of funds appropriated by this Act and
administered by the Department of State or the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act may be
extended for an additional fiscal year if the Secretary of State or the
USAID Administrator, as appropriate, determines and reports promptly to
the Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period of
availability: Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
[[Page 138 STAT. 766]]
(c) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.-- <<NOTE: Time period.>> None of the funds made available in
titles I, II, and VI, and under the headings ``Peace Corps'' and
``Millennium Challenge Corporation'', of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs to the departments and agencies funded by this Act that
remain available for obligation in fiscal year 2024, or provided from
any accounts in the Treasury of the United States derived by the
collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the departments and
agencies funded by this Act, shall be available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) <<NOTE: Contracts.>> contract out or privatize any
functions or activities presently performed by Federal
employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) <<NOTE: Time period.>> Notification of Reprogramming of
Funds.--None of the funds provided under titles I, II, and VI of this
Act or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments and
agencies funded under such titles that remain available for obligation
in fiscal year 2024, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
department and agency funded under title I of this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $1,000,000 or
10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) <<NOTE: Time periods.>> Notification Requirement.--None of the
funds made available by this Act under the headings ``Global Health
Programs'',
[[Page 138 STAT. 767]]
``Development Assistance'', ``Economic Support Fund'', ``Democracy
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', ``Peace
Corps'', ``Millennium Challenge Corporation'', ``International Narcotics
Control and Law Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Peacekeeping Operations'',
``International Military Education and Training'', ``Foreign Military
Financing Program'', ``International Organizations and Programs'',
``United States International Development Finance Corporation'', and
``Trade and Development Agency'' shall be available for obligation for
programs, projects, activities, type of materiel assistance, countries,
or other operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations are notified
15 days in advance of such obligation: Provided, <<NOTE: President.>>
That the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act shall not
apply to any reprogramming for a program, project, or activity for which
funds are appropriated under titles III through VI of this Act of less
than 10 percent of the amount previously justified to Congress for
obligation for such program, project, or activity for the current fiscal
year: Provided further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if known on
the date of transmittal of such notification) on the use of
notwithstanding authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) <<NOTE: Cost estimate.>> Programs.--None of the funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to support or continue any
program initially funded under any authority of title 10, United
States Code, or any Act making or authorizing appropriations for
the Department of Defense, unless the Secretary of State, in
consultation with the Secretary of Defense and in accordance
with the regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees that
includes a description of, and the estimated costs associated
with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the Department
of State and the United States Agency for International
Development for assistance for foreign countries and
international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
[[Page 138 STAT. 768]]
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated funds
for specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense
articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, <<NOTE: Deadline.>> That in case of any such waiver,
notification to the Committees on Appropriations shall be provided as
early as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated or
expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
Philippines, the Russian Federation, Rwanda, Somalia, South Sudan,
Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall include
the information specified under this section in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(h) Other Program Notification Requirements.--
(1) <<NOTE: Consultation.>> Diplomatic programs.--Funds
appropriated under title I of this Act under the heading
``Diplomatic Programs'' that are made available for lateral
entry into the Foreign Service shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall
be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Global Engagement Center;
[[Page 138 STAT. 769]]
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this
Act;
(D) the Prevention and Stabilization Fund and the
Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the
Countering Russian Influence Fund;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the Partnership
for Global Infrastructure and Investment.
(3) <<NOTE: Consultation.>> Democracy program policy and
procedures.--Modifications to democracy program policy and
procedures, including relating to the use of consortia, by the
Department of State and USAID shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(4) <<NOTE: Reports. Certifications.>> Arms sales.--The
reports, notifications, and certifications, and any other
documents, required to be submitted pursuant to section 36(a) of
the Arms Export Control Act (22 U.S.C. 2776), and such documents
submitted pursuant to section 36(b) through (d) of such Act with
respect to countries that have received assistance provided with
funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall be concurrently submitted to the
Committees on Appropriations and shall include information about
the source of funds for any sale or transfer, as applicable, if
known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Requirement to Inform.--The Secretary of State and USAID
Administrator, as applicable, shall promptly inform the appropriate
congressional committees of each instance in which funds appropriated by
this Act for assistance have been diverted or destroyed, to include the
type and amount of assistance, a description of the incident and parties
involved, and an explanation of the response of the Department of State
or USAID, as appropriate.
(k) <<NOTE: Time period.>> Prior Consultation Requirement.--The
Secretary of State, the Administrator of the United States Agency for
International Development, the Chief Executive Officer of the United
States International Development Finance Corporation, and the Chief
Executive Officer of the Millennium Challenge Corporation shall consult
with the Committees on Appropriations at least 7 days prior to informing
a government of, or publicly announcing a decision on, the suspension or
early termination of assistance to a country or a territory, including
as a result of an interagency review of such assistance, from funds
appropriated by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed justification
for such suspension, including a description of the assistance being
suspended.
[[Page 138 STAT. 770]]
documents, report posting, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of State and
the United States Agency for International Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any report
required by this Act to be submitted to Congress by any Federal
agency receiving funds made available by this Act shall be
posted on the public website of such agency not later than 45
days following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) <<NOTE: Determination. Transmittal.>> the head
of such agency determines and reports to the Committees
on Appropriations in the transmittal letter accompanying
such report that--
(i) the public posting of the report would
compromise national security, including the
conduct of diplomacy; or
(ii) the report contains proprietary or other
privileged information; or
(B) the public posting of the report is specifically
exempted in House Report 118-146, Senate Report 118-71,
or the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act).
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(4) The head of the agency posting such report shall do so
in a central location on the public website of such agency.
(c) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) <<NOTE: Review. Updates. Compliance.>> regularly review
and update the policies, directives, and oversight necessary to
comply with Federal statutes, regulations, and presidential
executive orders and memoranda concerning the preservation of
all records made or received in the conduct of official
business, including record emails, instant messaging, and other
online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in title
I, and ``Operating Expenses'' and ``Capital Investment Fund'' in
title II, as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29,
31, and 33) and other applicable Federal records management
statutes, regulations, or policies for the Department of State
and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
[[Page 138 STAT. 771]]
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''); and
(5) <<NOTE: Guidance. Implementation.>> strengthen
cybersecurity measures to mitigate vulnerabilities, including
those resulting from the use of personal email accounts or
servers outside the .gov domain, improve the process to identify
and remove inactive user accounts, update and enforce guidance
related to the control of national security information, and
implement the recommendations of the applicable reports of the
cognizant Office of Inspector General.
use of funds in contravention of this act
Sec.
7017. <<NOTE: President. Determination. Notification. Deadline.>> If
the President makes a determination not to comply with any provision of
this Act on constitutional grounds, the head of the relevant Federal
agency shall notify the Committees on Appropriations in writing within 5
days of such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. <<NOTE: President. Certification.>> None of the funds made
available to carry out part I of the Foreign Assistance Act of 1961, as
amended, may be obligated or expended for any country or organization if
the President certifies that the use of these funds by any such country
or organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961, and
shall be made available for such foreign countries and international
organizations notwithstanding the date of the transmission of such
report.
[[Page 138 STAT. 772]]
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate up
to 10 percent from the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act):
Provided, <<NOTE: Determination.>> That such percentage may be exceeded
only if the Secretary of State or USAID Administrator, as applicable,
determines and reports in writing to the Committees on Appropriations on
a case-by-case basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national security
interest of the United States, including a description of such events or
circumstances: Provided
further, <<NOTE: Requirement. Consultation. Notification.>> That
deviations pursuant to the preceding proviso shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) funds for which the initial period of
availability has expired; and
(B) amounts designated by this Act as minimum
funding requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) shall not apply to the
table included under the heading ``Global Health Programs'' in
such statement.
(3) <<NOTE: Applicability.>> With respect to the amounts
designated for ``Global Programs'' in the table under the
heading ``Economic Support Fund'' included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), the matter preceding the
first proviso in subsection (b) of this section shall be applied
by substituting ``5 percent'' for ``10 percent'', and the
provisos in such subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator, and other
designated officials, as appropriate, shall submit the reports required,
in the manner described, in House Report 118-146, Senate Report 118-71,
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), unless otherwise
directed in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act, unless such headings are
specifically designated as the source of funds.
[[Page 138 STAT. 773]]
multi-year pledges
Sec. 7020. <<NOTE: Notification. Consultation. Time period.>> None
of the funds appropriated or otherwise made available by this Act may be
used to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was: (1) previously justified, including the projected
future year costs, in a congressional budget justification; (2) included
in an Act making appropriations for the Department of State, foreign
operations, and related programs or previously authorized by an Act of
Congress; (3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the projected
future year costs; or (4) the subject of prior consultation with the
Committees on Appropriations and such consultation was conducted at
least 7 days in advance of the pledge.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. <<NOTE: President. Determinations.>> (a) Lethal Military
Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)):
Provided, <<NOTE: President. Determinations.>> That the
prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided further,
That <<NOTE: Termination date.>> this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) <<NOTE: Estimate.>> Report.--Whenever the President
makes a determination pursuant to paragraph (2), the President
shall submit to the Committees on Appropriations a report with
respect to the furnishing of such assistance, including a
detailed explanation of the assistance to be provided, the
estimated dollar amount of such assistance, and an explanation
of how the assistance furthers the United States national
interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
[[Page 138 STAT. 774]]
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, <<NOTE: Federal Register, publication. Time
period. Notification.>> That the President shall publish each
such waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act,
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military Financing
Program'' accounts, ``program, project, and activity'' shall also be
considered to include country, regional, and central program level
funding within each such account, and for the development assistance
accounts of the United States Agency for International Development,
``program, project, and activity'' shall also be considered to include
central, country, regional, and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with the
report required by section 653(a) of the Foreign Assistance Act
of 1961 or as modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, <<NOTE: Consultation. Reports.>> That prior
to conducting activities in a country for which assistance is
prohibited, the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days of taking
such action.
[[Page 138 STAT. 775]]
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the Export-
Import Bank and the United States International Development Finance
Corporation shall be obligated or expended to finance any loan, any
assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing commodity:
Provided, <<NOTE: Notification.>> That such prohibition shall not
apply to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(c) <<NOTE: 22 USC 262h note.>> International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States executive director of each international financial institution to
use the voice and
[[Page 138 STAT. 776]]
vote of the United States to oppose any assistance by such institution,
using funds appropriated or otherwise made available by this Act, for
the production or extraction of any commodity or mineral for export, if
it is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. <<NOTE: Requirements. 22 USC 2362 note.>> (a) Separate
Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) <<NOTE: Notifications.>> Separate Accounts for Cash
Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act
[[Page 138 STAT. 777]]
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance,
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) <<NOTE: Time period. President.>> Notification.--At
least 15 days prior to obligating any such cash transfer or
nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will
be used, with a discussion of the United States interests that
will be served by such assistance (including, as appropriate, a
description of the economic policy reforms that will be promoted
by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions <<NOTE: Notifications.>> contained in this or any other
Act with respect to assistance for a country shall not be construed to
restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out the
provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 and from funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'':
Provided, <<NOTE: President.>> That before using the authority of this
subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the Committees
on Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the assistance to
be provided, and the reasons for furnishing such assistance: Provided
further, <<NOTE: Abortion. Sterilization.>> That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2024, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided, That none of the
funds appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
[[Page 138 STAT. 778]]
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
promotion of united states economic interests
Sec. 7028. (a) Diplomatic Engagement.--Consistent with section 704
of the Championing American Business Through Diplomacy Act of 2019
(title VII of division J of Public Law 116-94), the Secretary of State,
in consultation with the Secretary of Commerce, should prioritize the
allocation of funds appropriated by this Act under the heading
``Diplomatic Programs'' for support of Chief of Mission diplomatic
engagement to foster commercial relations and safeguard United States
economic and business interests in the country in which each Chief of
Mission serves, including activities and initiatives to create and
maintain an enabling environment, promote and protect such interests,
and resolve commercial disputes: Provided, That each Mission Resource
Request and Bureau Resource Request shall include amounts required to
prioritize the activities described in this subsection.
(b) <<NOTE: Assessment. Review. 22 USC 4028 note.>> Training.--In
carrying out section 705 of title VII of division J of Public Law 116-
94, the Secretary of State shall annually assess training needs across
the economic and commercial diplomacy issue areas and ensure, after a
review of course offerings, course attendance records, and course
evaluation results, that current offerings meet training needs.
(c) Assistance.--The Secretary of State should direct each Chief of
Mission to consider how best to advance and support commercial relations
and the safeguarding of United States business interests in the
development and execution of the applicable Integrated Country Strategy
and the Mission Resource Request for each country receiving bilateral
assistance from funds appropriated by this Act.
international financial institutions
Sec. 7029. <<NOTE: Public information.>> (a) Evaluations.--The
Secretary of the Treasury shall instruct the United States executive
director of each international financial institution to use the voice of
the United States to encourage such institution to adopt and implement a
publicly available policy, including the strategic use of peer reviews
and external experts, to conduct independent, in-depth evaluations of
the effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable economic
growth, consistent with relevant safeguards, to ensure that decisions to
support such loans, grants, programs, and activities are based on
accurate data and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy, or strategy if such
institution has adopted and is implementing
[[Page 138 STAT. 779]]
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected Indigenous communities;
(C) <<NOTE: Human rights.>> do not provide
incentives for, or facilitate, forced displacement or
other violations of human rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such institution
in accordance with the requirements specified under this section in
Senate Report 118-71.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in borrowing
countries' financial management and judicial capacity to investigate,
prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish, to
the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution.
[[Page 138 STAT. 780]]
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to encourage
such institution to effectively implement and enforce policies and
procedures which meet or exceed best practices in the United States for
the protection of whistleblowers from retaliation, including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to support independent investigative and adjudicative mechanisms
and procedures that meet or exceed best practices in the United States
to provide due process and fair compensation, including the right to
reinstatement, for employees who are subjected to harassment,
discrimination, retaliation, false allegations, or other misconduct.
(i) <<NOTE: President. Budget request. Determination. Reports.>>
Capital Increases.--None of the funds appropriated by this Act may be
made available to support a new capital increase for an international
financial institution unless the President submits a budget request for
such increase to Congress and the Secretary of the Treasury determines
and reports to the Committees on Appropriations that--
(1) the institution has completed a thorough analysis of the
development challenges facing the relevant geographical region,
the role of the institution in addressing such challenges and
its role relative to other financing partners, and the steps to
be taken to enhance the efficiency and effectiveness of the
institution; and
(2) the governors of such institution have approved the
capital increase.
(j) <<NOTE: China.>> Report.--Not later than 120 days after the
date of enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committees on Appropriations detailing any
funding provided in the prior calendar year by a financial intermediary
fund overseen by the Department of the Treasury to the People's Republic
of China or any country or region subject to comprehensive sanctions by
the United States.
economic resilience initiative
Sec. 7030. (a) Assistance.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made available for the
Economic Resilience Initiative to enhance the economic security and
stability of the United States and partner countries, including through
efforts to counter economic coercion: Provided, That such funds are in
addition to funds otherwise made available for such purposes by this
Act, including funds made available under the heading ``Treasury
International Assistance Programs'': Provided
further, <<NOTE: Consultation. Notification.>> That funds made
available by this subsection
[[Page 138 STAT. 781]]
may only be made available following consultation with, and the regular
notification procedures of, the Committees on Appropriations, and shall
include--
(1) not less than $55,000,000 for strategic infrastructure
investments, which shall be administered by the Secretary of
State in consultation with the heads of other relevant Federal
agencies: Provided, <<NOTE: Transfer authority.>> That such
funds may be transferred to, and merged with, funds appropriated
by this Act to the Export-Import Bank of the United States under
the heading ``Program Account'', to the United States
International Development Finance Corporation under the heading
``Corporate Capital Account'', and under the heading ``Trade and
Development Agency'': Provided
further, <<NOTE: Notification.>> That such transfer authority
is in addition to any other transfer authority provided by this
Act or any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations;
(2) not less than $50,000,000 to enhance critical mineral
supply chain security;
(3) not less than $60,000,000 for economic resilience
programs administered by the Administrator of the United States
Agency for International Development, consistent with the
strategy required in subsection (d); and
(4) not less than $50,000,000 for the Cyberspace, Digital
Connectivity, and Related Technologies Fund in accordance with
Chapter 10 of Part II of the Foreign Assistance Act of 1961:
Provided, <<NOTE: Applicability.>> That the authority of section
592(f) of such Act may apply to amounts made available for such
Fund under the heading ``Economic Support Fund'' and such funds
may be made available for the Digital Connectivity and
Cybersecurity Partnership program consistent with section 6306
of the Department of State Authorization Act of 2023 (division F
of Public Law 118-31): Provided further, That funds made
available pursuant to this paragraph are in addition to funds
otherwise made available for such purposes and shall be
coordinated with the USAID Administrator, including for relevant
USAID programming.
(b) <<NOTE: Foreign countries.>> Loan Guarantees.--Funds
appropriated under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, including funds made available
pursuant to this section, may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974, of loan
guarantees for Egypt, Jordan, Small Island Developing States, and
Ukraine, which are authorized to be provided and which shall be
administered by the United States Agency for International Development
unless otherwise provided for by this Act or any other provision of law:
Provided, That amounts made available under this subsection for the
costs of such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country:
Provided further, <<NOTE: Requirement. Consultation. Notification.>>
That funds made available pursuant to the authorities of this subsection
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the
Committees on Appropriations.
(c) <<NOTE: Allocations.>> CHIPS for America International
Technology Security and Innovation Fund.--
[[Page 138 STAT. 782]]
(1) <<NOTE: Deadline.>> Within 45 days of enactment of this
Act, the Secretary of State shall allocate amounts made
available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International Technology
Security and Innovation Fund for fiscal year 2024 pursuant to
the transfer authority in section 102(c)(1) of the CHIPS Act of
2022 (division A of Public Law 117-167), to the accounts
specified and in the amounts specified, in the table titled
``CHIPS for America International Technology Security and
Innovation Fund'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act):
Provided, <<NOTE: Requirement. Consultation. Notification.>>
That such funds shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(2) <<NOTE: President.>> Neither the President nor his
designee may allocate any amounts that are made available for
any fiscal year under section 102(c)(2) of the CHIPS Act of 2022
if there is in effect an Act making or continuing appropriations
for part of a fiscal year for the Department of State, Foreign
Operations, and Related Programs: Provided, That in any fiscal
year, the matter preceding this proviso shall not apply to the
allocation, apportionment, or allotment of amounts for
continuing administration of programs allocated using funds
transferred from the CHIPS for America International Technology
Security and Innovation Fund, which may be allocated pursuant to
the transfer authority in section 102(c)(1) of the CHIPS Act of
2022 only in amounts that are no more than the allocation for
such purposes in paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of State shall
submit to the Committees on Appropriations proposed allocations
by account and by program, project, or activity, with detailed
justifications, for amounts made available under section
102(c)(2) of the CHIPS Act of 2022 for fiscal year 2025.
(4) <<NOTE: Time period. Reports.>> The Secretary of State
shall provide the Committees on Appropriations quarterly reports
on the status of balances of projects and activities funded by
the CHIPS for America International Technology Security and
Innovation Fund for amounts allocated pursuant to paragraph (1)
of this subsection, including all uncommitted, committed, and
unobligated funds.
(5) <<NOTE: Loans.>> Amounts transferred to the Export-
Import Bank and the United States International Development
Finance Corporation pursuant to the transfer authority in
section 102(c)(1) of the CHIPS Act of 2022 (division A of Public
Law 117-167) may be made available for the costs of direct loans
and loan guarantees, including the cost of modifying such loans,
as defined in section 502 of the Congressional Budget Act of
1974.
(d) <<NOTE: Deadline. Consultation.>> Strategy.--Not later than 90
days after the date of enactment of this Act and following consultation
with the Committees on Appropriations, the Secretary of State, Secretary
of the Treasury, and USAID Administrator, in consultation with the heads
of other relevant Federal agencies, shall jointly submit a strategy to
the Committees on Appropriations detailing the planned uses of funds
provided by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
[[Page 138 STAT. 783]]
and other Acts, consistent with the purposes of this section, including
through cooperation with the private sector.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A) the requirements included in section
7031(a)(1)(A) through (E) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6) are fully
met; and
(B) the government of the recipient country is
taking steps to reduce corruption.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, <<NOTE: Applicability.>> That the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) <<NOTE: Reports.>> Suspension of assistance.--The
Administrator of the United States Agency for International
Development or the Secretary of State, as appropriate, shall
suspend any direct government-to-government assistance if the
Administrator or the Secretary has credible information of
material misuse of such assistance, unless the Administrator or
the Secretary reports to the Committees on Appropriations that
it is in the national interest of the United States to continue
such assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2025 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) <<NOTE: China.>> Debt service payment prohibition.--
None of the funds made available by this Act may be used by the
government of any foreign country for debt service payments owed
by any country to any international financial institution or to
the Government of the People's Republic of China.
(b) <<NOTE: Updates.>> National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
[[Page 138 STAT. 784]]
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) <<NOTE: Public information. Web posting.>>
Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later
than 180 days after the date of enactment of this Act, shall
make or update any determination of ``significant progress'' or
``no significant progress'' in meeting the minimum requirements
of fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website: Provided, That such
report shall include the elements included under this section in
House Report 118-146.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) <<NOTE: 8 USC 1182 note.>> Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved,
directly or indirectly, in significant corruption,
including corruption related to the extraction of
natural resources, or a gross violation of human rights,
including the wrongful detention of locally employed
staff of a United States diplomatic mission or a United
States citizen or national, shall be ineligible for
entry into the United States.
(B) <<NOTE: Determination.>> Concurrent with the
application of subparagraph (A), the Secretary shall, as
appropriate, refer the matter to the Office of Foreign
Assets Control, Department of the Treasury, to determine
whether to apply sanctions authorities in accordance
with United States law to block the transfer of property
and interests in property, and all financial
transactions, in the United States involving any person
described in such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information without
regard to whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) <<NOTE: Determination.>> Waiver.--The Secretary may
waive the application of paragraph (1) if the Secretary
determines that the waiver would serve a compelling national
interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
[[Page 138 STAT. 785]]
(4) <<NOTE: Time periods. Termination
date. Classified information. List.>> Report.--Not later than
30 days after the date of enactment of this Act, and every 90
days thereafter until September 30, 2025, the Secretary of State
shall submit a report, including a classified annex if
necessary, to the appropriate congressional committees and the
Committees on the Judiciary describing the information related
to corruption or violation of human rights concerning each of
the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who the
Secretary designated or identified pursuant to paragraph (1)(B),
or who would be ineligible but for the application of paragraph
(2), a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4), and
(5), the records of the Department of State and of diplomatic
and consular offices of the United States pertaining to the
issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section 8204
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict minerals, and for
technical assistance to promote independent audit mechanisms and
support civil society participation in natural resource
management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct the
executive director of each international financial
institution to use the voice and vote of the United
States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to any
country for the extraction and export of a natural
resource if the government of such country has in place
laws, regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered that: (1)
accurately account for and publicly disclose payments to
the government by companies involved in the extraction
and export of natural resources; (2) include independent
auditing of accounts receiving such payments and the
public disclosure of such audits; and (3) require public
disclosure of agreement and bidding documents, as
appropriate.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
such subparagraph.
[[Page 138 STAT. 786]]
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the ``ForeignAssistance.gov'' website: Provided,
That all Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request and in a timely manner,
to the Department of State and the United States Agency for
International Development.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', $2,900,000,000 should be made available for
democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $117,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and Labor,
Department of State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for the
NED are made available pursuant to the authority of the National
Endowment for Democracy Act (title V of Public Law 98-164),
including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means programs
that support good governance, credible and competitive elections,
freedom of expression, association, assembly, and religion, human
rights, labor rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to
subsection (a) to strengthen ministries and agencies should be
prioritized in countries that demonstrate a strong commitment to the
separation of powers, checks and balances, the rule of law, and credible
electoral processes.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of the
assistance, and the participants in such programs shall not
[[Page 138 STAT. 787]]
be subject to prior approval by the government of any foreign
country.
(2) Disclosure of implementing partner information.--If
the <<NOTE: Determination. Negotiation.>> Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development, determines that the government of
the country is undemocratic or has engaged in or condoned
harassment, threats, or attacks against organizations
implementing democracy programs, any new bilateral agreement
governing the terms and conditions under which assistance is
provided to such country shall not require the disclosure of the
names of implementing partners of democracy programs, and the
Secretary of State and the USAID Administrator shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform to this requirement.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus building
programs abroad with funds appropriated by this Act in a manner that
recognizes the unique benefits of grants and cooperative agreements in
implementing such programs.
(g) Protection of Civil Society Activists and Journalists.--Funds
appropriated by this Act under the headings ``Economic Support Fund''
and ``Democracy Fund'' shall be made available to support and protect
civil society activists and journalists who have been threatened,
harassed, or attacked, including journalists affiliated with the United
States Agency for Global Media.
(h) International Freedom of Expression and Independent Media.--
Funds appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs to protect international
freedom of expression and independent media, including through
multilateral initiatives.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs'' shall
be made available for the Office of International Religious Freedom,
Department of State.
(b) Assistance.--Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian assistance
for vulnerable and persecuted ethnic and religious minorities:
Provided, <<NOTE: Requirement. Consultation.>> That funds made
available by this Act under the headings ``Economic Support Fund'' and
``Democracy Fund'' pursuant to this section shall be the responsibility
of the Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government officials, and
shall be subject to prior consultation with the Committees on
Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Economic Support Fund'' may be made
available notwithstanding any other provision
[[Page 138 STAT. 788]]
of law for assistance for ethnic and religious minorities in Iraq and
Syria.
(d) <<NOTE: Extension.>> Designation of Non-State Actors.--Section
7033(e) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2024.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III of this Act that are made
available for victims of war, displaced children, displaced Burmese, and
to combat trafficking in persons and assist victims of such trafficking
may be made available notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act that remain available for
obligation may be made available as a general contribution to the World
Food Programme.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) <<NOTE: Notification.>> Genocide victims memorial
sites.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Economic Support
Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
may be made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, including partnerships with
[[Page 138 STAT. 789]]
philanthropic foundations, up to $50,000,000 may remain
available until September 30, 2026:
Provided, <<NOTE: Consultation. Notification.>> That funds made
available pursuant to this paragraph may only be made available
following prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(4) Additional authority.--Of the amounts made available by
this Act under the heading ``Diplomatic Programs'', up to
$500,000 may be made available for grants pursuant to section
504 of the Foreign Relations Authorization Act, Fiscal Year 1979
(22 U.S.C. 2656d), including to facilitate collaboration with
Indigenous communities.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6), except that each individual
award may not exceed $500,000.
(6) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and made
available for the Development Innovation Ventures program may be
made available for the purposes of chapter I of part I of the
Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange Visitor
Program administered by the Department of State to implement the
Mutual Educational and Cultural Exchange Act of 1961 (Public Law
87-256; 22 U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative Procedure Act
(5 U.S.C. 551 et seq.) and notwithstanding the exceptions to
such rulemaking process in such Act:
Provided, <<NOTE: Consultation. Requirement. Notification.>>
That funds made available for such purpose shall only be made
available after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations,
regarding how any proposed modification would affect the public
diplomacy goals of, and the estimated economic impact on, the
United States: Provided further, <<NOTE: Deadline. Federal
Register, publication.>> That such consultation shall take
place not later than 30 days prior to the publication in the
Federal Register of any regulatory action modifying the Exchange
Visitor Program.
(8) Payments.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Diplomatic
Programs'' and ``Operating Expenses'', except for funds
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, are available to provide
payments pursuant to section 901(i)(2) of title IX of division J
of the Further Consolidated Appropriations Act, 2020 (22 U.S.C.
2680b(i)(2)): Provided, <<NOTE: Requirement. Consultation.>>
That funds made available pursuant to this paragraph shall be
subject to prior consultation with the Committees on
Appropriations.
(9) Afghan allies.--Subsection (b) of section 602 of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended as follows--
(A) in paragraph (3)(F)--
[[Page 138 STAT. 790]]
(i) in the heading, by striking ``2023'' and
inserting ``2024'';
(ii) in the matter preceding clause (i), in
the first sentence, by striking ``38,500'' and
inserting ``50,500''; and
(iii) in clause (ii), by striking ``December
31, 2024'' and inserting ``December 31, 2025'';
and
(B) in paragraph (13), in the matter preceding
subparagraph (A), by striking ``January 31, 2024'' and
inserting ``January 31, 2026''.
(e) <<NOTE: Consultation.>> Partner Vetting.--Prior to initiating a
partner vetting program, providing a direct vetting option, or making a
significant change to the scope of an existing partner vetting program,
the Secretary of State and USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations:
Provided, <<NOTE: Notification.>> That the Secretary and the
Administrator shall provide a direct vetting option for prime awardees
in any partner vetting program initiated or significantly modified after
the date of enactment of this Act, unless the Secretary or
Administrator, as applicable, informs the Committees on Appropriations
on a case-by-case basis that a direct vetting option is not feasible for
such program: Provided further, That the Secretary and the
Administrator may restrict the award of, terminate, or cancel contracts,
grants, or cooperative agreements or require an awardee to restrict the
award of, terminate, or cancel a sub-award based on information in
connection with a partner vetting program.
(f) <<NOTE: President.>> Contingencies.--During fiscal year 2024,
the President may use up to $125,000,000 under the authority of section
451 of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) <<NOTE: Compliance.>> International Child Abductions.--The
Secretary of State should withhold funds appropriated under title III of
this Act for assistance for the central government of any country that
is not taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague on
October 25, 1980: Provided, <<NOTE: Reports.>> That the Secretary
shall report to the Committees on Appropriations within 15 days of
withholding funds under this subsection.
(h) Transfer of Funds for Extraordinary Protection.--
The <<NOTE: Deadline.>> Secretary of State may transfer to, and merge
with, funds under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds appropriated under the
heading ``Diplomatic Programs'' for fiscal year 2024, at no later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated:
Provided, That not more than $50,000,000 may be transferred.
(i) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.-- <<NOTE: Extension. Time period.>> The
terms and conditions of section 7034(k) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2020
(division G of Public Law 116-94) shall continue in effect during fiscal
year 2024.
(j) <<NOTE: Extension. Time period.>> Impact on Jobs.--Section 7056
of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260) shall
continue in effect during fiscal year 2024.
[[Page 138 STAT. 791]]
(k) <<NOTE: Time periods.>> Extension of Authorities.--
(1) <<NOTE: 5 USC 5753 note.>> Incentives for critical
posts.--The authority contained in section 1115(d) of the
Supplemental Appropriations Act, 2009 (Public Law 111-32) shall
remain in effect through September 30, 2024.
(2) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2023'' and inserting ``2023, and 2024''; and
(ii) in subsection (e), by striking ``2023''
each place it appears and inserting ``2024''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2023'' and inserting ``2024''.
(3) Special inspector general for afghanistan reconstruction
competitive status.--Notwithstanding any other provision of law,
any employee of the Special Inspector General for Afghanistan
Reconstruction (SIGAR) who completes at least 12 months of
continuous service after enactment of this Act or who is
employed on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment to any
position in the competitive service for which the employee
possesses the required qualifications.
(4) <<NOTE: 8 USC 1715 note.>> Transfer of balances.--
Section 7081(h) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31) shall continue in effect during fiscal year
2024.
(5) <<NOTE: Applicability.>> Protective services.--Section
7071 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law 117-
103) shall continue in effect during fiscal year 2024 and shall
be applied to funds appropriated by this Act by substituting
``$40,000,000'' for ``$30,000,000''.
(6) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by
striking ``September 30, 2028'' and inserting
``September 30, 2029''; and
(B) in the second proviso, by striking ``September
30, 2028'' and inserting ``September 30, 2029''.
(7) Extension of certain personal services contract
authority.--The authority provided in section 2401 of division C
of the Extending Government Funding and Delivering Emergency
Assistance Act (Public Law 117-43) shall remain in effect
through September 30, 2024.
(l) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act
that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall be made available for the regular and
systematic collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of such
assistance:
[[Page 138 STAT. 792]]
Provided, <<NOTE: Deadline. Web
posting. Procedures. Guidelines.>> That not later than 90 days
after the date of enactment of this Act, the Secretary of State
and USAID Administrator shall submit to the Committees on
Appropriations, and post on their respective websites, updated
procedures for implementing partners that receive funds under
such headings for regularly and systematically collecting and
responding to such feedback, including guidelines for the
reporting on actions taken in response to the feedback received:
Provided further, That the Secretary of State and USAID
Administrator shall regularly--
(A) <<NOTE: Oversight.>> conduct oversight to
ensure that such feedback is regularly collected and
used by implementing partners to maximize the cost-
effectiveness and utility of such assistance; and
(B) <<NOTE: Consultation.>> consult with the
Committees on Appropriations on the results of such
oversight.
(2) Evaluations.--Of the funds appropriated by this Act
under titles III and IV, not less than $15,000,000, to remain
available until expended, shall be made available for impact
evaluations, including ex-post evaluations, of the effectiveness
and sustainability of United States Government-funded assistance
programs: Provided, That of the funds made available pursuant
to this paragraph, $10,000,000 shall be administered in
coordination with the Office of the Chief Economist, USAID, and
may be used for administrative expenses of such Office:
Provided further, That funds made available pursuant to this
paragraph are in addition to funds otherwise made available for
such purposes.
(m) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria,
tuberculosis, and emerging infectious diseases to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section:
Provided, <<NOTE: Requirement. Notification.>> That the authority in
section 525(b)(5) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health, USAID, with
respect to funds deposited for such non-HIV/AIDS pharmaceuticals and
other products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(n) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $100,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), which may remain
available until September 30, 2028.
(2) <<NOTE: Time period. 22 USC 2152i note.>> Eligible
entities.--For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law
[[Page 138 STAT. 793]]
113-235), ``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000 from
USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(o) <<NOTE: Time period.>> Extension of Procurement Authority.--
Section 7077 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law 112-74)
shall continue in effect during fiscal year 2024.
(p) <<NOTE: Applicability. Time period.>> Extension.--Section
7034(r) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law 117-103)
shall apply during fiscal year 2024.
(q) Staff Care Services for Afghan Nationals.--Up to $50,000 of the
funds appropriated by this Act and prior acts making appropriations for
the Department of State, foreign operations, and related programs that
are made available to carry out section 7901 of title 5, United States
Code, may be used by USAID to provide services to individuals who have
served as locally employed staff of the USAID mission in Afghanistan.
(r) War Crimes Accountability.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$5,000,000 shall be made available for the purposes authorized by
section 2015 of Public Law 107-206, as amended by section 7073 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328), including
not less than $2,500,000 as a contribution to the Trust Fund for
Victims.
(s) Definitions.--
(1) <<NOTE: 8 USC 1182 note.>> Appropriate congressional
committees.--Unless otherwise defined in this Act, for purposes
of this Act the term ``appropriate congressional committees''
means the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) <<NOTE: 22 USC 262h note.>> International financial
institutions.--In this Act ``international financial
institutions'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
International Fund for Agricultural Development, the Asian
Development Bank, the Asian Development Fund, the Inter-American
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Pacific islands countries.--In this Act, the term
``Pacific Islands countries'' means the Cook Islands, the
Republic
[[Page 138 STAT. 794]]
of Fiji, the Republic of Kiribati, the Republic of the Marshall
Islands, the Federated States of Micronesia, the Republic of
Nauru, Niue, the Republic of Palau, the Independent State of
Papua New Guinea, the Independent State of Samoa, the Solomon
Islands, the Kingdom of Tonga, Tuvalu, and the Republic of
Vanuatu.
(5) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(6) Successor operating unit.--Any reference to a particular
operating unit or office in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be deemed to include any successor
operating unit performing the same or similar functions.
(7) <<NOTE: 22 USC 2152i note.>> USAID.--In this Act, the
term ``USAID'' means the United States Agency for International
Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions
of chapter 1 of part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961, may be used, notwithstanding
section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-
corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance,
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster improved
police relations with the communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment in an amount above the
prior fiscal year.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, <<NOTE: Applicability. Determination.>> That
the requirement of this subparagraph shall apply to a
country in conflict, unless the Secretary determines
that such country has in place, to the maximum extent
practicable, functioning combat casualty care treatment
and equipment
[[Page 138 STAT. 795]]
that meets or exceeds the standards recommended by the
Committee on Tactical Combat Casualty Care: Provided
further, That any such training and equipment for combat
casualty care shall be made available through an open
and competitive process.
(3) Casualty rehabilitation.--Of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
not less than $2,000,000 shall be made available for a program
to provide medical and casualty rehabilitation services,
consistent with the purposes under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(4) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the
requirements of international humanitarian law as a component of
any package of lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'': Provided, That the
requirement of this paragraph shall not apply to a country that
is a member of the North Atlantic Treaty Organization (NATO), is
a major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided further, That any such
training shall be made available through an open and competitive
process.
(5) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics Control
and Law Enforcement'' shall be made available for assistance to
eliminate inhumane conditions in foreign prisons and other
detention facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961:
Provided, <<NOTE: Consultation. Deadline.>> That the Secretary
of State and the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of such funds
prior to obligation and not later than 60 days after the date of
enactment of this Act: Provided further, That such funds shall
be in addition to funds otherwise made available by this Act for
such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--
Section <<NOTE: Extension. Time period.>> 7034(d) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2024.
(3) <<NOTE: Requirement. Notification. Israel. Egypt. Contracts.
President. Determination. 22 USC 2763 note.>> Commercial
leasing of defense articles.--Notwithstanding any other
provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of
section 23(a) of the Arms Export Control Act
[[Page 138 STAT. 796]]
(22 U.S.C. 2763) may be used to provide financing to Israel,
Egypt, the North Atlantic Treaty Organization (NATO), and major
non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major Defense
Equipment (other than helicopters and other types of aircraft
having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2026:
Provided, <<NOTE: Requirement.>> That the provision of defense
articles and defense services to foreign countries or
international organizations from the Fund shall be subject to
the concurrence of the Secretary of State.
(5) Extension of war reserves stockpile authority.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``or 2025'' and inserting
``2025 and 2026''.
(6) Program clarification.--Notwithstanding section
503(a)(3) of Public Law 87-195 (22 U.S.C. 2311(a)(3)), the
procurement of defense articles and services funded on a non-
repayable basis under section 23 of the Arms Export Control Act
may be priced to include the costs of salaries of members of the
Armed Forces of the United States engaged in security assistance
activities pursuant to 10 U.S.C. 341 (relating to the State
Partnership Program): Provided, <<NOTE: Applicability.>> That
this paragraph shall only apply to funds that remain available
for obligation in fiscal year 2024.
(7) Reprogramming.--Notwithstanding any other provision of
law or regulation, equipment procured with funds appropriated in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Pakistan Counterinsurgency Capability Fund'' may be used for
any other program and in any region: Provided,
That <<NOTE: Requirement. Consultation. Notification.>> any
such transfer shall be subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance
of landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the
Secretary of State may prescribe.
[[Page 138 STAT. 797]]
(B) Cluster munitions.--No military assistance shall
be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no
cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster munitions,
after arming, do not result in more than 1 percent
unexploded ordnance across the range of intended
operational environments, and the agreement
applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions
technology specifies that the cluster munitions
will only be used against clearly defined military
targets and will not be used where civilians are
known to be present or in areas normally inhabited
by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing or
permanently disposing of such cluster munitions.
(3) <<NOTE: Determinations.>> Crowd control.--If the
Secretary of State has information that a unit of a foreign
security force uses excessive force to repress peaceful
expression or assembly concerning corruption, harm to the
environment or human health, or the fairness of electoral
processes, or in countries that are undemocratic or undergoing
democratic transition, the Secretary shall promptly determine if
such information is credible: Provided, That if the information
is determined to be credible, funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for such
unit, unless the Secretary of State determines that the foreign
government is taking effective measures to bring the responsible
members of such unit to justice.
(4) Oversight and accountability.--
(A) <<NOTE: Consultation. Compliance.>> Prior to
the signing of a new Letter of Offer and Acceptance
(LOA) involving funds appropriated under the heading
``Foreign Military Financing Program'', the Secretary of
State shall consult with each recipient government to
ensure that the LOA between the United States and such
recipient government complies with the purposes of
section 4 of the Arms Export Control Act (22 U.S.C.
2754) and that the defense articles, services, and
training procured with funds appropriated under such
heading are consistent with United States national
security policy.
(B) <<NOTE: Notification.>> The Secretary of State
shall promptly inform the appropriate congressional
committees of any instance in which the Secretary of
State has credible information that such assistance was
used in a manner contrary to such agreement.
(d) <<NOTE: Definitions.>> Other Matters.--
(1) Security assistance report.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a report on
funds obligated and expended during fiscal year 2023, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and Training'',
and ``Foreign Military Financing Program''.
[[Page 138 STAT. 798]]
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds appropriated
to the Department of Defense or the Department of State, except
for training provided by the government of a country designated
by section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major
non-NATO ally: Provided, That such third-country training shall
be clearly identified in the report submitted pursuant to
section 656 of such Act.
(3) Leahy law.--For purposes of implementing section 620M of
the Foreign Assistance Act of 1961, the term ``credible
information'' means information that, considering the source of
such information and the surrounding circumstances, supports a
reasonable belief that a violation has occurred, and shall not
be determined solely on the basis of the number of sources;
whether the source has been critical of a policy of the United
States Government or its security partners; whether the source
has a personal connection to the information being reported; or
whether the United States Government is able to independently
verify the information.
countering the flow of fentanyl and other synthetic drugs
Sec. 7036. (a) Assistance.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $125,000,000
shall be made available for programs to counter the flow of fentanyl,
fentanyl precursors, and other synthetic drugs into the United States:
Provided, That such funds shall be in addition to funds otherwise made
available for such purposes.
(b) Uses of Funds.--Funds made available pursuant to subsection (a)
shall be made available to support--
(1) <<NOTE: China. Mexico.>> efforts to stop the flow of
fentanyl, fentanyl precursors, and other synthetic drugs and
their precursor materials to the United States from and through
the People's Republic of China (PRC), Mexico, and other
countries;
(2) law enforcement cooperation and capacity building
efforts aimed at disrupting and dismantling transnational
criminal organizations involved in the production and
trafficking of fentanyl, fentanyl precursors, and other
synthetic drugs;
(3) implementation of the Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act (part 7
of subtitle C of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, Public Law 117-263); and
(4) engagement, including through multilateral organizations
and frameworks, to catalyze collective action to address the
public health and security threats posed by fentanyl, fentanyl
precursors, and other synthetic drugs, including through the
Global Coalition to Address Synthetic Drug Threats.
(c) Counter Fentanyl Coordination.--The Secretary of State shall
designate an existing senior official of the Department of
[[Page 138 STAT. 799]]
State at the rank of Deputy Assistant Secretary or above to coordinate
counter fentanyl efforts, whose responsibilities shall include--
(1) ensuring that funds made available pursuant to
subsection (a) are implemented in a targeted and effective
manner, including by providing policy guidance and coordination;
and
(2) coordinating diplomatic engagement and other activities
with the heads of other relevant Federal agencies and domestic
and international stakeholders.
(d) Reports.--
(1) <<NOTE: Assessment. China.>> The Secretary of State
shall, in consultation with the heads of other relevant Federal
agencies and not later than 90 days after the date of enactment
of this Act, submit a report to the appropriate congressional
committees detailing and assessing the cooperation of the PRC in
countering the flow of fentanyl, fentanyl precursors, and other
synthetic drugs, and describing actions taken by the United
States in coordination with other countries to engage the PRC on
taking concrete and measurable steps to stop the flow of
fentanyl, fentanyl precursors, and other synthetic drugs from
the PRC to other countries: Provided, <<NOTE: Updates. Time
period. Termination date.>> That such report shall be updated
and resubmitted quarterly thereafter until September 30, 2025.
(2) <<NOTE: Mexico.>> Not later than 60 days after the date
of enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees detailing how
assistance for Mexico is strategically aligned to address the
proliferation of fentanyl, fentanyl precursors, and other
synthetic drugs from Mexico to the United States.
palestinian statehood
Sec. 7037. <<NOTE: Determination. Certification.>> (a) Limitation
on Assistance.--None of the funds appropriated under titles III through
VI of this Act may be provided to support a Palestinian state unless the
Secretary of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
[[Page 138 STAT. 800]]
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) <<NOTE: President. Determination.>> Waiver.--The President may
waive subsection (a) if the President determines that it is important to
the national security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec.
7039. <<NOTE: Deadline. Certification. Procedures. Records. Review.>>
(a) Oversight.--For fiscal year 2024, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations
that procedures have been established to assure the Comptroller General
of the United States will have access to appropriate United States
financial information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic Support
Fund'' for the West Bank and Gaza.
(b) <<NOTE: Terrorism. Determinations.>> Vetting.--Prior to the
obligation of funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual, private or
government entity, or educational institution that the Secretary knows
or has reason to believe advocates, plans, sponsors, engages in, or has
engaged in, terrorist activity nor, with respect to private entities or
educational institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any individual
that has been determined to be involved in, or advocating terrorist
activity or determined to be a member of a designated foreign terrorist
organization: Provided, <<NOTE: Procedures. Termination.>> That the
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
[[Page 138 STAT. 801]]
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism; and
(B) <<NOTE: Determination.>> any educational
institution located in the West Bank or Gaza that is
named after an individual who the Secretary of State
determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on--
(A) the benchmarks that have been established for
security assistance for the West Bank and Gaza and on
the extent of Palestinian compliance with such
benchmarks; and
(B) the steps being taken by the Palestinian
Authority to end torture and other cruel, inhuman, and
degrading treatment of detainees, including by bringing
to justice members of Palestinian security forces who
commit such crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) <<NOTE: Audits. Contracts. Grants. Deadline. Compliance.>>
The Administrator of the United States Agency for International
Development shall ensure that Federal or non-Federal audits of
all contractors and grantees, and significant subcontractors and
sub-grantees, under the West Bank and Gaza Program, are
conducted at least on an annual basis to ensure, among other
things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,400,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--
Subsequent <<NOTE: Investigation.>> to the certification specified in
subsection (a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in fiscal year
2024 under the heading ``Economic Support Fund'', and such audit shall
address--
(1) <<NOTE: Compliance.>> the extent to which such Program
complies with the requirements of subsections (b) and (c); and
(2) <<NOTE: Examination.>> an examination of all programs,
projects, and activities carried out under such Program,
including both obligations and expenditures.
(f) <<NOTE: Requirement.>> Notification Procedures.--Funds made
available in this Act for West Bank and Gaza shall be subject to the
regular notification procedures of the Committees on Appropriations.
[[Page 138 STAT. 802]]
limitation on assistance for the palestinian authority
Sec. 7040. (a) <<NOTE: President.>> Prohibition of Funds.--None of
the funds appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the Palestinian
Authority.
(b) <<NOTE: Certification.>> Waiver.--The prohibition included in
subsection (a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives, the President pro tempore
of the Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) <<NOTE: Reports.>> Certification.--If the President exercises
the waiver authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to the
obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and all
financing mechanisms flow through this account, no parallel financing
mechanisms exist outside of the Palestinian Authority treasury account,
and there is a single comprehensive civil service roster and payroll,
and the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed at
promoting peace, coexistence, and security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) <<NOTE: Certification. Reports. Compliance.>>
Notwithstanding the limitation of paragraph (1), assistance may
be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that
such government, including all of its ministers or such
equivalent, has publicly accepted and is complying with the
principles contained in section 620K(b)(1)(A) and (B) of the
Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
[[Page 138 STAT. 803]]
(4) <<NOTE: Reports. Time period. Compliance.>> Whenever
the certification pursuant to paragraph (2) is exercised, the
Secretary of State shall submit a report to the Committees on
Appropriations within 120 days of the certification and every
quarter thereafter on whether such government, including all of
its ministers or such equivalent are continuing to comply with
the principles contained in section 620K(b)(1)(A) and (B) of the
Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Assistance.--Of the funds appropriated by this Act, not
less than $1,425,000,000 should be made available for assistance
for Egypt, of which--
(A) not less than $125,000,000 shall be made
available from funds under the heading ``Economic
Support Fund'', of which not less than $40,000,000
should be made available for higher education programs,
including not less than $15,000,000 for scholarships for
Egyptian students with high financial need to attend
not-for-profit institutions of higher education in Egypt
that are currently accredited by a regional accrediting
agency recognized by the United States Department of
Education, or meets standards equivalent to those
required for United States institutional accreditation
by a regional accrediting agency recognized by such
Department: Provided, That such funds shall be made
available for democracy programs, and for development
programs in the Sinai; and
(B) not less than $1,300,000,000 should be made
available from funds under the heading ``Foreign
Military Financing Program'', to remain available until
September 30, 2025: Provided, <<NOTE: Transfer
authority. Consultation. Requirement. Notification.>>
That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on
Appropriations and the uses of any interest earned on
such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law restricting
assistance for Egypt, except for this subsection and section
620M of the Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
[[Page 138 STAT. 804]]
(3) <<NOTE: Certification. Reports.>> Withholding.--Of the
funds made available pursuant to paragraph (1)(B), $320,000,000
shall be withheld from obligation until the Secretary certifies
and reports to the Committees on Appropriations that the
Government of Egypt is meeting the requirements under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act):
Provided, <<NOTE: Waiver authority. Determination.>> That the
Secretary may waive such requirement if the Secretary determines
and reports to the Committees on Appropriations that such funds
are necessary for counterterrorism, border security, or
nonproliferation programs or that it is otherwise important to
the national security interest of the United States to do so,
including a detailed justification for the use of such waiver
and the reasons why any of the requirements cannot be met:
Provided further, That the report required by the previous
proviso shall be submitted in unclassified form but may be
accompanied by a classified annex.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available--
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or
otherwise obtain a nuclear weapon;
(B) to support an expeditious response to any
violation of United Nations Security Council Resolutions
or to efforts that advance Iran's nuclear program;
(C) to support the implementation and enforcement of
sanctions against Iran for support of nuclear weapons
development, terrorism, human rights abuses, and
ballistic missile and weapons proliferation; and
(D) for democracy programs in support of the
aspirations of the Iranian people.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed enforcement
of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(3) Limitations.--None of the funds appropriated by this Act
may be used to--
(A) implement an agreement with the Government of
Iran relating to the nuclear program of Iran, or a
renewal of the Joint Comprehensive Plan of Action
adopted on
[[Page 138 STAT. 805]]
October 18, 2015, in contravention of the Iran Nuclear
Agreement Review Act of 2015 (42 U.S.C. 2160e); or
(B) revoke the designation of the Islamic
Revolutionary Guard Corps as a Foreign Terrorist
Organization pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(c) Iraq.--
(1) Funds appropriated under titles III and IV of this Act
shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region
of Iraq;
(B) stabilization assistance, including in Anbar
Province;
(C) programs to support government transparency and
accountability, support judicial independence, protect
the right of due process, end the use of torture, and
combat corruption;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq;
(E) programs to protect and assist religious and
ethnic minority populations; and
(F) programs to increase United States private
sector investment.
(2) <<NOTE: Badr Organization.>> Limitation.--Funds
appropriated by this Act under title III and made available for
bilateral economic assistance for Iraq may not be made available
to an organization or entity for which the Secretary of State
has credible information is controlled by the Badr Organization.
(d) <<NOTE: Disbursement. Deadline.>> Israel.--Of the funds
appropriated by this Act under the heading ``Foreign Military Financing
Program'', not less than $3,300,000,000 shall be available for grants
only for Israel which shall be disbursed within 30 days of enactment of
this Act: Provided, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel under this heading shall, as agreed by the United States and
Israel, be available for advanced weapons systems, of which not less
than $725,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development.
(e) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,650,000,000 shall be made available for
assistance for Jordan, of which not less than $845,100,000 shall be made
available for budget support for the Government of Jordan and not less
than $425,000,000 shall be made available under the heading ``Foreign
Military Financing Program''.
(f) <<NOTE: Lebanese Internal Security Forces. Lebanese Armed
Forces. Terrorism.>> Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security Forces
(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
is controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189).
(2) Security assistance.--
(A) <<NOTE: Consultation.>> Funds appropriated by
this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Foreign Military
Financing Program'' that are made
[[Page 138 STAT. 806]]
available for assistance for Lebanon may be made
available for programs and equipment for the ISF and the
LAF to address security and stability requirements in
areas affected by conflict in Syria, following
consultation with the appropriate congressional
committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen the security of borders and
combat terrorism, including training and equipping
the LAF to secure the borders of Lebanon and
address security and stability requirements in
areas affected by conflict in Syria, interdicting
arms shipments, and preventing the use of Lebanon
as a safe haven for terrorist groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, <<NOTE: Spend plan.>> That prior to
obligating funds made available by this subparagraph for
assistance for the LAF, the Secretary of State shall
submit to the Committees on Appropriations a spend plan,
including actions to be taken to ensure equipment
provided to the LAF is used only for the intended
purposes, except such plan may not be considered as
meeting the notification requirements under section 7015
of this Act or under section 634A of the Foreign
Assistance Act of 1961: Provided
further, <<NOTE: Notification.>> That any notification
submitted pursuant to such section shall include any
funds specifically intended for lethal military
equipment.
(3) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made available for
assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(g) Morocco.--Funds appropriated under titles III and IV of this Act
shall be made available for assistance for Morocco.
(h) Saudi Arabia.--
(1) None of the funds appropriated by this Act under the
heading ``International Military Education and Training'' should
be made available for assistance for the Government of Saudi
Arabia.
(2) None of the funds appropriated or otherwise made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs should be obligated or expended by the Export-Import
Bank of the United States to guarantee, insure, or extend (or
participate in the extension of) credit in connection with the
export of nuclear technology, equipment, fuel, materials, or
other nuclear technology-related goods or services to Saudi
Arabia unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153);
[[Page 138 STAT. 807]]
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards Agreement with
the International Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available, notwithstanding
any other provision of law, for non-lethal stabilization
assistance for Syria, including for emergency medical and rescue
response and chemical weapons investigations.
(2) Limitations.--Funds made available pursuant to paragraph
(1) of this subsection--
(A) <<NOTE: Terrorism. Iran.>> may not be made
available for a project or activity that supports or
otherwise legitimizes the Government of Iran, foreign
terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria;
(B) <<NOTE: Russia. Determination.>> may not be
made available for activities that further the strategic
objectives of the Government of the Russian Federation
that the Secretary of State determines may threaten or
undermine United States national security interests; and
(C) <<NOTE: Bashar al-Assad.>> should not be used
in areas of Syria controlled by a government led by
Bashar al-Assad or associated forces or made available
to an organization or entity effectively controlled by
an official or immediate family member of an official of
such government.
(3) United states government al-hol action plan.--Of the
funds appropriated under title III of this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, not less than $25,000,000
shall be made available to implement the ``U.S. Government Al-
Hol Action Plan''.
(4) <<NOTE: Requirement.>> Monitoring, oversight,
consultation, and notification.--
(A) Prior to the obligation of funds appropriated by
this Act and made available for assistance for Syria,
the Secretary of State shall take all practicable steps
to ensure that mechanisms are in place for monitoring,
oversight, and control of such assistance inside Syria.
(B) Funds made available pursuant to this subsection
may only be made available following consultation with
the appropriate congressional committees and shall be
subject to the regular notification procedures of the
Committees on Appropriations:
Provided, <<NOTE: Compliance.>> That such consultation
shall include the steps taken to comply with
subparagraph (A) and steps intended to be taken to
comply with section 7015(j) of this Act.
(j) <<NOTE: Consultation.>> Tunisia.--Funds appropriated under
titles III and IV of this Act shall be made available for assistance for
Tunisia for programs to support democratic governance and civil society,
protect due process of law, and maintain regional stability and
security, following consultation with the Committees on Appropriations.
(k) West Bank and Gaza.--
[[Page 138 STAT. 808]]
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same standing
as member states or full membership as a state in
the United Nations or any specialized agency
thereof outside an agreement negotiated between
Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support such
an investigation, that subjects Israeli nationals
to an investigation for alleged crimes against
Palestinians.
(ii) <<NOTE: Waiver
authority. Certification. Reports.>> The Secretary of
State may waive the restriction in clause (i) of this
subparagraph resulting from the application of subclause
(I) of such clause if the Secretary certifies to the
Committees on Appropriations that to do so is in the
national security interest of the United States, and
submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist
in furthering Middle East peace.
(B)(i) <<NOTE: President. Waiver
authority. Determinations. Certifications.>> The
President may waive the provisions of section 1003 of
the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore
of the Senate, and the appropriate congressional
committees that the Palestinians have not, after the
date of enactment of this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) <<NOTE: Time period.>> Not less than 90 days
after the President is unable to make the certification
pursuant to clause (i) of this subparagraph, the
President may waive section 1003 of Public Law 100-204
if the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees
on Appropriations that the Palestinians have
[[Page 138 STAT. 809]]
entered into direct and meaningful negotiations with
Israel: Provided, That any waiver of the provisions of
section 1003 of Public Law 100-204 under clause (i) of
this subparagraph or under previous provisions of law
must expire before the waiver under this clause may be
exercised.
(iii) <<NOTE: Effective date. Time periods.>> Any
waiver pursuant to this subparagraph shall be effective
for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of
this Act.
(3) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and Gaza shall
be made available consistent with section 1004(a) of the Taylor
Force Act (title X of division S of Public Law 115-141).
(4) <<NOTE: Applicability.>> Security report.--The
reporting requirements in section 1404 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252) shall apply to
funds made available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority.
(5) Incitement report.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace and
coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
<<NOTE: Determination. Reports.>> Funds appropriated by this Act under
the heading ``International Military Education and Training'' for the
central government of a country in the African Great Lakes region may be
made available only for Expanded International Military Education and
Training and professional military education until the Secretary of
State determines and reports to the Committees on Appropriations that
such government is not facilitating or otherwise participating in
destabilizing activities in a neighboring country, including aiding and
abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than $3,000,000
shall be made available for a contribution to the Special Criminal Court
in Central African Republic.
(c) <<NOTE: Lord's Resistance Army. Child soldiers.>> Counter
Illicit Armed Groups.--Funds appropriated by this Act shall be made
available for programs and activities in areas affected by the Lord's
Resistance Army (LRA) or other illicit armed groups in Eastern
Democratic Republic of the Congo and the Central African Republic,
including to improve physical access, telecommunications infrastructure,
and early-warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants, especially
child soldiers.
(d) Democratic Republic of the Congo.--Funds appropriated by this
Act shall be made available for assistance for the Democratic Republic
of the Congo (DRC) for stabilization, democracy, global health, and
bilateral economic assistance: Provided, That such funds shall also be
made available to support security, stabilization, development, and
democracy in Eastern DRC.
[[Page 138 STAT. 810]]
(e) Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to support--
(1) political dialogue;
(2) civil society and the protection of human rights;
(3) investigations and prosecutions of gross violations of
human rights;
(4) efforts to provide unimpeded access to, and monitoring
of, humanitarian assistance; and
(5) the restoration of basic services in areas impacted by
conflict.
(f) Malawi.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are made available for higher education programs
in Malawi shall be made available for higher education and workforce
development programs in agriculture as described under this section in
House Report 118-146.
(g) <<NOTE: Reports.>> Power Africa.--Prior to the initial
obligation of funds appropriated by this Act and made available for the
Power Africa program, the Administrator of the United States Agency for
International Development shall submit the report required under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
such funds shall be used for all-of-the-above energy development
consistent with the Electrify Africa Act of 2015 (Public Law 114-121).
(h) South Sudan.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central Government
of South Sudan, except to support implementation of outstanding issues
of the Comprehensive Peace Agreement, mutual arrangements related to
post-referendum issues associated with such Agreement, or any other
viable peace agreement in South Sudan.
(i) Sudan.--
(1) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the
central Government of Sudan, except to support implementation of
outstanding issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with
such Agreement, or any other viable peace agreement in Sudan.
(2) <<NOTE: Requirement.>> Consultation.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for any new program, project,
or activity in Sudan shall be subject to prior consultation with
the appropriate congressional committees.
(j) <<NOTE: Certifications. Reports.>> Zimbabwe.--
(1) <<NOTE: 22 USC 2151 note.>> Instruction.--The Secretary
of the Treasury shall instruct the United States executive
director of each international financial institution to vote
against any extension by the respective institution of any loan
or grant to the Government of Zimbabwe, except to meet basic
human needs or to promote democracy, unless the Secretary of
State certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
[[Page 138 STAT. 811]]
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$121,000,000 shall be made available for assistance for Burma
for the purposes described in section 5575 of the Burma Act of
2022 (subtitle E of title LV of division E of Public Law 117-
263) and section 7043(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023
(division K of Public Law 117-328):
Provided, <<NOTE: Applicability.>> That the authorities,
limitations, and conditions contained in section 7043(a) of
division K of Public Law 117-328 shall apply to funds made
available for assistance for Burma under this Act, except for
the minimum funding requirements and paragraph (1)(B): Provided
further, That for the purposes of section 5575 of the Burma Act
of 2022 and assistance for Burma made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, ``non-lethal
assistance'' shall include equipment and associated training to
support--
(A) atrocities prevention;
(B) the protection of civilians from military
attack;
(C) the delivery of humanitarian assistance;
(D) investigations into genocide and human rights
violations committed by the Burmese military;
(E) local governance and the provision of services
in areas outside the control of the Burmese military;
and
(F) medical trauma care, supplies, and training.
(2) <<NOTE: Consultation.>> Deserter programs.--Pursuant to
section 7043(a)(1)(A) of division K of Public Law 117-328, as
continued in effect by this subsection, funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs that are made
available for assistance for Burma shall be made available for
programs and activities to support deserters from the military
junta and its allied entities, following consultation with the
appropriate congressional committees.
(b) Cambodia.--
Not <<NOTE: Deadline. Assessment. China.>> later than 90
days after the date of enactment of this Act but prior to the
initial obligation of funds appropriated by this Act that are
made available for assistance for Cambodia, the Secretary of
State shall submit to the appropriate congressional committees
an assessment of the extent of the influence of the People's
Republic of China in Cambodia, including on the Government of
Cambodia and with respect to the purposes and operations of Ream
Naval Base.
(c) Indo-Pacific Strategy.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,800,000,000 shall be
[[Page 138 STAT. 812]]
made available to support implementation of the Indo-Pacific
Strategy.
(2) <<NOTE: China. Requirement. Consultation.>> Countering
prc influence fund.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'', not less
than $400,000,000 shall be made available for a Countering PRC
Influence Fund to counter the influence of the Government of the
People's Republic of China and the Chinese Communist Party and
entities acting on their behalf globally, which shall be subject
to prior consultation with the Committees on Appropriations:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes: Provided further, That up to
10 percent of such funds shall be held in reserve to respond to
unanticipated opportunities to counter PRC influence: Provided
further, That funds made available pursuant to this paragraph
under the heading ``Foreign Military Financing Program'' may
remain available until September 30, 2025: Provided
further, <<NOTE: Transfer authority.>> That funds appropriated
by this Act for such Fund under the headings ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and ``Foreign
Military Financing Program'' may be transferred to, and merged
with, funds appropriated under such headings: Provided
further, <<NOTE: Notification.>> That such transfer authority
is in addition to any other transfer authority provided by this
Act or any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity that
directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; or
(B) <<NOTE: Determination.>> the use of technology,
including biotechnology, digital, telecommunications,
and cyber, developed by the People's Republic of China
unless the Secretary of State, in consultation with the
USAID Administrator and the heads of other Federal
agencies, as appropriate, determines that such use does
not adversely impact the national security of the United
States.
(4) Strategic review.--Funds appropriated by this Act shall
be made available to design and implement reforms of the
processes and procedures regarding the application,
consideration, and delivery of equipment and technical training
under the Foreign Military Sales (FMS) program, including
implementation of FMS 2023 by the Department of State:
Provided, <<NOTE: Deadline.>> That not later than 180 days
after the date of enactment of this Act, the Secretary of State,
in consultation with the heads of other relevant Federal
agencies, shall submit a comprehensive strategic review to the
appropriate congressional committees on the implementation and
impact of such reforms in the Indo-Pacific: Provided
further, <<NOTE: Assessment. Foreign countries.>> That such
review shall provide an assessment of major defense equipment
sought by key United States allies and security partners in the
region,
[[Page 138 STAT. 813]]
including the Philippines, Indonesia, Vietnam, Singapore, and
Taiwan: Provided further, <<NOTE: Consultation.>> That the
Secretary shall consult with the appropriate congressional
committees prior to submitting such review.
(5) Maps.--None of the funds made available by this Act
should be used to create, procure, or display any map that
inaccurately depicts the territory and social and economic
system of Taiwan and the islands or island groups administered
by Taiwan authorities.
(d) <<NOTE: Agent Orange.>> Laos.--Of the funds appropriated by
this Act under titles III and IV, not less than $93,000,000 shall be
made available for assistance for Laos, including for assistance for
persons with disabilities caused by unexploded ordnance accidents, and
of which up to $1,500,000 may be made available for programs to assist
persons with severe physical mobility, cognitive, or developmental
disabilities in areas sprayed with Agent Orange:
Provided, <<NOTE: Assessments.>> That funds made available pursuant to
this subsection may be used, in consultation with the Government of
Laos, for assessments of the existence of dioxin contamination resulting
from the use of Agent Orange in Laos and the feasibility and cost of
remediation.
(e) North Korea.--
(1) <<NOTE: Determinations. Reports.>> Cybersecurity.--None
of the funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for assistance for
the central government of a country the Secretary of State
determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: Provided, That the Secretary of
State shall submit the report required by section 209 of the
North Korea Sanctions and Policy Enhancement Act of 2016 (Public
Law 114-122; 22 U.S.C. 9229) to the Committees on
Appropriations: Provided further, <<NOTE: Waiver authority.>>
That the Secretary of State may waive the application of the
restriction in this paragraph with respect to assistance for the
central government of a country if the Secretary determines and
reports to the appropriate congressional committees that to do
so is important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' shall
be made available for the promotion of human rights in North
Korea: Provided, <<NOTE: Applicability.>> That the authority
of section 7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the Government
of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'' for the Department of State and
``Operating Expenses'' for the United States Agency for
International Development shall be made available to
[[Page 138 STAT. 814]]
expand the United States diplomatic and development presence in
Pacific Islands countries (PICs), including the number and
location of facilities and personnel.
(2) Assistance.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'', not less
than $160,000,000 shall be made available for assistance for
PICs, including to implement the Pacific Partnership Strategy of
the United States and Partners in the Blue Pacific initiative,
and to further the goals of the Pacific Islands Forum's 2050
Strategy for the Blue Pacific Continent: Provided, That funds
appropriated by this Act that are made available for the
Countering PRC Influence Fund shall be made available for
assistance for PICs, in addition to funds made available under
this paragraph: Provided further, That funds made available by
this paragraph for assistance for PICs shall be made available
for programs and activities to strengthen and expand cooperation
between the United States and higher education institutions in
PICs, to be awarded on a competitive basis: Provided
further, <<NOTE: Commemoration. World War II.>> That funds made
available by this paragraph for assistance for PICs shall be
made available to appropriately commemorate the anniversary of
World War II battles in the Pacific in which American servicemen
and women lost their lives: Provided further, That of the funds
made available by this paragraph for assistance for PICs, not
less than $5,000,000 shall be made available for trilateral
programs.
(g) People's Republic of China.--
(1) Prohibition.--None of the funds appropriated by this Act
may be made available for assistance for the Government of the
People's Republic of China or the Chinese Communist Party.
(2) Hong kong.--Of the funds appropriated by this Act under
the first paragraph under the heading ``Democracy Fund'', not
less than $5,000,000 shall be made available for democracy and
Internet freedom programs for Hong Kong, including legal and
other support for democracy activists.
(h) Philippines.--
(1) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not less than $40,000,000 shall be made
available for assistance for the Philippines.
(2) Limitation.--None of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
(i) Taiwan.--
(1) Global cooperation and training framework.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $4,000,000 shall be made available for the
Global Cooperation and Training Framework, which shall be
administered by the American Institute in Taiwan.
(2) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not less than $300,000,000 shall be made
[[Page 138 STAT. 815]]
available for assistance for Taiwan: Provided, That the
Secretary of State, in coordination with the Secretary of
Defense, shall prioritize the delivery of defense articles and
services for Taiwan.
(3) Foreign military financing program loan and loan
guarantee authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Foreign
Military Financing Program'', except for amounts designated as
an emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of direct
loans and loan guarantees for Taiwan, as authorized by section
5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of
title LV of division E of Public Law 117-263).
(4) Fellowship program.--Funds appropriated by this Act
under the heading ``Payment to the American Institute in
Taiwan'' shall be made available for the Taiwan Fellowship
Program.
(5) <<NOTE: Deadline.>> Consultation.--Not later than 60
days after the date of enactment of this Act, the Secretary of
State shall consult with the Committees on Appropriations on the
uses of funds made available pursuant to this subsection:
Provided, <<NOTE: Requirement. Notification.>> That such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Tibet.--
(1) Notwithstanding any other provision of law, of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available to
nongovernmental organizations with experience working with
Tibetan communities to support activities which preserve
cultural traditions and promote sustainable development,
education, and environmental conservation in Tibetan communities
in the Tibet Autonomous Region and in other Tibetan communities
in China.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development of the
next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in paragraph (1) for programs inside Tibet.
(3) <<NOTE: Consultation.>> Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $5,000,000 shall be made available for programs to
strengthen the capacity of the Central Tibetan Administration,
of which up to $1,500,000 may be made available to address
economic growth and capacity building activities, including for
displaced Tibetan refugee families in India and Nepal to help
meet basic needs, following consultation with the Committees on
Appropriations: Provided, That such funds shall be administered
by USAID.
[[Page 138 STAT. 816]]
(k) Vietnam.--Of the funds appropriated under titles III and IV of
this Act, not less than $197,000,000 shall be made available for
assistance for Vietnam, of which not less than--
(1) $30,000,000 shall be made available for health and
disability programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities: Provided,
That <<NOTE: Agent Orange.>> such funds shall be prioritized to
assist persons whose disabilities may be related to the use of
Agent Orange and exposure to dioxin, or are the result of
unexploded ordnance accidents;
(2) $20,000,000 shall be made available, notwithstanding any
other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes;
(3) $3,000,000 shall be made available for the
Reconciliation/Vietnamese Wartime Accounting Initiative; and
(4) $15,000,000 shall be made available for higher education
programs.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--None of the funds appropriated by this Act
that are made available for assistance for Afghanistan may be
made available for assistance to the Taliban.
(2) Afghan students.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made available
to--
(A) <<NOTE: Reimbursement.>> support the higher
education of students from Afghanistan studying outside
of the country, including the costs of reimbursement to
institutions hosting such students, as appropriate:
Provided, <<NOTE: Consultation.>> That the Secretary of
State and the Administrator of the United States Agency
for International Development, as appropriate, shall
consult with the Committees on Appropriations prior to
the initial obligation of funds for such purposes; and
(B) provide modified learning opportunities for
women and girls in Afghanistan, including but not
limited to, efforts to expand internet access, online
schooling, and distribution of educational content.
(3) Afghan women.--
(A) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for Afghanistan, not less than
$5,000,000 shall be made available for programs to
investigate and document human rights abuses against
women in Afghanistan:
Provided, <<NOTE: Consultation.>> That such funds shall
be the responsibility of the Bureau of Democracy, Human
Rights, and Labor, Department of State, following
consultation with the Committees on Appropriations.
(B) Funds appropriated by this Act that are made
available for assistance for Afghanistan shall be made
available for a program for Afghan women-led
organizations to support education, human rights, and
economic
[[Page 138 STAT. 817]]
livelihoods in Afghanistan: Provided, That such program
shall be co-designed by women in Afghanistan.
(4) <<NOTE: Plans.>> Report.--Not later than 45 days after
the date of enactment of this Act, the Secretary of State and
the USAID Administrator shall submit a report to the appropriate
congressional committees detailing plans, consistent with the
restriction contained in paragraph (1), to--
(A) protect and strengthen the rights of Afghan
women and girls;
(B) support higher education programs, including
continued support for the American University of
Afghanistan's (AUAF) online programs and support for
other higher education institutions in South Asia and
the Middle East that are hosting AUAF and other Afghan
students;
(C) support Afghan civil society activists,
journalists, and independent media, including in third
countries; and
(D) support health, education, including community-
based education, and other programs to address the basic
needs of the people of Afghanistan.
(b) Pakistan.--
(1) Limitation.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are made
available for assistance for Pakistan may only be made available
to support counterterrorism and counterinsurgency capabilities
in Pakistan.
(2) <<NOTE: Reports. Shakil Afridi.>> Withholding.--Of the
funds appropriated under titles III and IV of this Act that are
made available for assistance for Pakistan, $33,000,000 shall be
withheld from obligation until the Secretary of State reports to
the Committees on Appropriations that Dr. Shakil Afridi has been
released from prison and cleared of all charges relating to the
assistance provided to the United States in locating Osama bin
Laden.
(c) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict.
(2) <<NOTE: Reports.>> Certification.--Funds appropriated
by this Act for assistance for the central Government of Sri
Lanka may be made available only if the Secretary of State
certifies and reports to the Committees on Appropriations that
such Government is taking effective and consistent steps to--
(A) <<NOTE: Human rights.>> protect the rights and
freedoms of the people of Sri Lanka regardless of
ethnicity and religious belief, including by
investigating violations of human rights and the laws of
war and holding perpetrators of such violations
accountable;
(B) implement the necessary political, economic,
military, and legal reforms to enable economic recovery
and to prevent conflict and future economic crises;
(C) increase transparency and accountability in
governance and combat corruption, including bringing to
justice public officials who have engaged in significant
acts of corruption;
(D) assert its sovereignty against influence by the
People's Republic of China; and
[[Page 138 STAT. 818]]
(E) promote reconciliation between ethnic and
religious groups, particularly arising from past
conflict in Sri Lanka, as described under this section
in House Report 118-146:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance and
disaster response; to protect human rights, locate and identify
missing persons, and assist victims of torture and trauma; to
promote justice, accountability, and reconciliation; to enhance
maritime security and domain awareness; to promote fiscal
transparency and sovereignty; and for International Military
Education and Training.
(3) Limitation.--Funds appropriated by this Act that are
made available for assistance for the Sri Lankan armed forces
may only be made available for--
(A) international peacekeeping operations training;
(B) humanitarian assistance and disaster response;
(C) instruction in human rights and related
curricula development;
(D) maritime security and domain awareness,
including professionalization and training for the navy
and coast guard; and
(E) programs and activities under the heading
``International Military Education and Training''.
(4) <<NOTE: Requirement.>> Consultation.--Funds made
available for assistance for Sri Lanka for international
peacekeeping operations training shall be subject to prior
consultation with the Committees on Appropriations.
latin america and the caribbean
Sec. 7045. (a) Assistance for Latin America and the Caribbean.--
Funds appropriated by this Act under titles III and IV and made
available for countries in Latin America and the Caribbean shall be
prioritized for programs as described under this section in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Central America.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for countries
in Central America, consistent with subsection (a), of which--
(A) $61,500,000 should be made available to support
entities and activities to combat corruption and
impunity in such countries, including, as appropriate,
offices of Attorneys General;
(B) $70,000,000 should be made available for
programs to reduce violence against women and girls,
including for Indigenous women and girls;
(C) funds should be made available for assistance
for El Salvador, Guatemala, and Honduras for programs
that support locally-led development in such countries:
Provided, That up to 15 percent of the funds made
available to carry out this subparagraph may be used by
the Administrator of the United States Agency for
International Development for administrative and
oversight expenses related to the purposes of this
subparagraph:
[[Page 138 STAT. 819]]
Provided further, <<NOTE: Consultation.>> That the
USAID Administrator shall consult with the Committees on
Appropriations on the planned uses of funds to carry out
this subparagraph prior to the initial obligation of
funds: Provided
further, <<NOTE: Requirement. Notification.>> That such
funds shall be subject to the regular notification
procedures of the Committees on Appropriations; and
(D) funds shall be made available for the youth
empowerment program established pursuant to section
7045(a)(1)(C) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2022 (division K of Public Law 117-103).
(2) Limitation on assistance to certain central
governments.--
(A) <<NOTE: Certification. Reports.>> Of the funds
made available pursuant to paragraph (1) under the
heading ``Economic Support Fund'' and under title IV of
this Act, 60 percent of such funds that are made
available for assistance for each of the central
governments of El Salvador, Guatemala, and Honduras may
only be obligated after the Secretary of State certifies
and reports to the Committees on Appropriations that
such government is--
(i) combating corruption and impunity,
including investigating and prosecuting government
officials, military personnel, and police officers
credibly alleged to be corrupt, and improving
strategies to combat money laundering and other
global financial crimes;
(ii) implementing reforms, policies, and
programs to strengthen the rule of law, including
increasing the transparency of public
institutions, strengthening the independence of
judicial and electoral institutions, and improving
the transparency of political campaign and
political party financing;
(iii) protecting the rights of human rights
defenders, trade unionists, journalists, civil
society groups, opposition political parties, and
the independence of the media;
(iv) providing effective and accountable law
enforcement and security for its citizens,
curtailing the role of the military in public
security, and upholding due process of law;
(v) implementing programs to reduce violence
against women and girls;
(vi) implementing policies to reduce poverty
and promote economic growth and opportunity,
including the implementation of reforms to
strengthen educational systems, vocational
training programs, and programs for at-risk youth;
(vii) cooperating with the United States to
counter drug trafficking, human trafficking and
smuggling, and other transnational crime;
(viii) cooperating with the United States and
other governments in the region to facilitate the
return, repatriation, and reintegration of
migrants;
(ix) taking demonstrable actions to secure
national borders and stem mass migration,
including by informing its citizens of the dangers
of the journey to the southwest border of the
United States and
[[Page 138 STAT. 820]]
advancing efforts to combat crime and violence,
build economic opportunity, improve government
services, and protect human rights; and
(x) implementing policies that improve the
environment for businesses, including foreign
businesses, to operate and invest, including
executing tax reform in a transparent manner,
ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United
States businesses, and resolving disputes
involving the confiscation of real property of
United States entities.
(B) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) judicial entities and activities to combat
corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) programs to promote and protect human
rights, including those of Indigenous communities
and Afro-descendants, and to investigate human
rights abuses;
(iv) support for women's economic empowerment;
(v) humanitarian assistance; and
(vi) food security programs.
(C) Foreign military financing program.--None of the
funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made
available for assistance for El Salvador, Guatemala, or
Honduras, except for programs that support humanitarian
assistance and disaster response.
(c) Colombia.--
(1) Pre-obligation reports.--Prior to the initial obligation
of funds appropriated by this Act and made available for
assistance for Colombia, the Secretary of State shall submit the
reports required under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) Assistance.--
(A) Funds appropriated by this Act under titles III
and IV shall be made available for assistance for
Colombia: Provided, That such funds shall be made
available for the programs and activities described
under this section in the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act).
(B) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' and made available for assistance pursuant
to this subsection, not less than $40,000,000 shall be
made available to enhance rural security in coca
producing municipalities and other municipalities with
high levels of illicit activities: Provided, That such
funds shall be prioritized in such municipalities that
are also targeted for assistance programs that provide
viable economic alternatives and improve access to
public services.
(3) <<NOTE: Certifications. Reports.>> Withholding of
funds.--
(A) <<NOTE: Time period.>> Counternarcotics.--Of
the funds appropriated by this Act under the heading
``International Narcotics Control
[[Page 138 STAT. 821]]
and Law Enforcement'' that are made available for
assistance for Colombia, 20 percent may be obligated
only if the Secretary of State certifies and reports to
the Committees on Appropriations that in the previous 12
months the Government of Colombia has--
(i) reduced overall coca cultivation,
production, and drug trafficking;
(ii) continued cooperating with the United
States on joint counternarcotics strategies; and
(iii) maintained extradition cooperation with
the United States.
(B) Human rights.--Of the funds appropriated by this
Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only if the
Secretary of State certifies and reports to the
Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and
other judicial authorities, as appropriate, are
sentencing perpetrators of gross violations of
human rights, including those with command
responsibility, to deprivation of liberty;
(ii) the Government of Colombia is making
consistent progress in reducing threats and
attacks against human rights defenders and other
civil society activists, and judicial authorities
are prosecuting and punishing those responsible
for ordering and carrying out such attacks;
(iii) the Government of Colombia is making
consistent progress in protecting Afro-Colombian
and Indigenous communities and is respecting their
rights and territories;
(iv) senior military officers credibly
alleged, or whose units are credibly alleged, to
be responsible for ordering, committing, and
covering up cases of false positives and other
extrajudicial killings, or of committing other
gross violations of human rights, or of conducting
illegal communications intercepts or other illicit
surveillance, are being held accountable,
including removal from active duty if found guilty
through criminal, administrative, or disciplinary
proceedings; and
(v) the Colombian Armed Forces are cooperating
fully with the requirements described in clauses
(i) through (iv).
(4) Exceptions.--The limitations of paragraph (3) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(5) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs and made
available for assistance for Colombia may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development programs
and investigations by civilian judicial authorities.
[[Page 138 STAT. 822]]
(6) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims, compensation to demobilized
combatants, or cash subsidies for agrarian reforms associated
with the implementation of the 2016 peace agreement between the
Government of Colombia and illegal armed groups.
(d) Cuba Democracy Programs.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' and made available for democracy
programs in Cuba may not be made available for business promotion,
economic reform, entrepreneurship, or any other assistance that is not
democracy building as expressly authorized in the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban Democracy Act
of 1992.
(e) Cuban Doctors.--
(1) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees listing the
countries and international organizations for which the
Secretary has credible information are directly paying the
Government of Cuba for coerced and trafficked labor of Cuban
medical professionals: Provided, That such report shall be
submitted in unclassified form but may include a classified
annex.
(2) <<NOTE: Applicability.>> Designation.--The Secretary of
State shall apply the requirements of section 7031(c) of this
Act to officials from countries and organizations identified in
the report required pursuant to the previous paragraph.
(f) Facilitating Irresponsible Migration.--None of the funds
appropriated or otherwise made available by this Act may be used to
encourage, mobilize, publicize, or manage mass-migration caravans
towards the United States southwest border:
Provided, <<NOTE: Reports. Analysis.>> That not later than 180 days
after the date of enactment of this Act, the Secretary of State shall
report to the appropriate congressional committees with analysis on the
organization and funding of mass-migration caravans in the Western
Hemisphere: Provided further, That the prohibition contained in this
subsection shall not be construed to preclude the provision of
humanitarian assistance.
(g) Haiti.--
(1) Assistance.--Funds appropriated by this Act under titles
III and IV shall be made available for assistance for Haiti to
support the basic needs of the Haitian people.
(2) <<NOTE: Reports.>> Certification.--Funds appropriated
by this Act that are made available for assistance for Haiti may
only be made available for the central Government of Haiti if
the Secretary of State certifies and reports to the appropriate
congressional committees by January 1, 2025 that elections have
been scheduled or held in Haiti and it is in the national
interest of the United States to provide such assistance.
(3) Exceptions.--Notwithstanding paragraph (2), funds may be
made available to support--
(A) democracy programs;
(B) police, anti-gang, and administration of justice
programs, including to reduce pre-trial detention and
eliminate inhumane prison conditions;
[[Page 138 STAT. 823]]
(C) public health, food security, subsistence
farmers, water and sanitation, education, and other
programs to meet basic human needs; and
(D) disaster relief and recovery.
(4) <<NOTE: Requirement.>> Consultation.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for any new program, project,
or activity in Haiti shall be subject to prior consultation with
the Committees on Appropriations:
Provided, <<NOTE: Applicability.>> That the requirement of this
paragraph shall also apply to any funds from such Acts that are
made available for support for an international security force
in Haiti.
(5) Prohibition.--None of the funds appropriated or
otherwise made available by this Act may be used for assistance
for the armed forces of Haiti.
(6) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(7) Modification.--Section 7045(c)(3) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2023 (division K of Public Law 117-328) <<NOTE: 136 Stat.
5066.>> is amended by striking ``paragraph (1)'' and inserting
``paragraph (2)''.
(h) <<NOTE: Certification. Reports. Drugs and drug abuse.>>
Mexico.--Of the funds appropriated under title IV in this Act that are
made available for assistance for Mexico, 15 percent shall be withheld
from obligation until the Secretary of State certifies and reports to
the appropriate congressional committees that the Government of Mexico
has taken steps to--
(1) reduce the amount of fentanyl arriving at the United
States-Mexico border;
(2) dismantle and hold accountable transnational criminal
organizations;
(3) support joint counternarcotics operations and
intelligence sharing with United States counterparts; and
(4) respect extradition requests for criminals sought by the
United States.
(i) Nicaragua.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $15,000,000 shall be
made available for democracy and religious freedom programs for
Nicaragua.
(j) Organization of American States.--
(1) The Secretary of State shall instruct the United States
Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to:
(A) implement budgetary reforms and efficiencies
within the Organization;
(B) eliminate arrears, increase other donor
contributions, and impose penalties for successive late
payment of assessments;
(C) prevent programmatic and organizational
redundancies and consolidate duplicative activities and
functions;
(D) prioritize areas in which the OAS has expertise,
such as strengthening democracy, monitoring electoral
processes, and protecting human rights; and
[[Page 138 STAT. 824]]
(E) implement reforms within the Office of the
Inspector General (OIG) to ensure the OIG has the
necessary leadership, integrity, professionalism,
independence, policies, and procedures to properly carry
out its responsibilities in a manner that meets or
exceeds best practices in the United States.
(2) <<NOTE: Reports.>> Prior to the obligation of funds
appropriated by this Act and made available for an assessed
contribution to the Organization of American States, but not
later than 90 days after the date of enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees on actions taken or planned to be taken
pursuant to paragraph (1) that are in addition to actions taken
during the preceding fiscal year, and the results of such
actions.
(k) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $88,000,000 shall be made available for
the Caribbean Basin Security Initiative.
(l) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $50,000,000 should be made available
for democracy programs for Venezuela.
(2) <<NOTE: Determination. Reports.>> Of the funds made
available pursuant to paragraph (1) that are allocated for
electoral-related activities, 50 percent may only be obligated
after the Secretary of State determines and reports to the
appropriate congressional committees that elections related to
such activities--
(A) allow for the diaspora from Venezuela to
participate;
(B) are open for credible, unobstructed
international observation; and
(C) allow for opposition candidates selected through
credible and democratic processes to participate.
(3) Funds shall be made available for assistance for
communities in countries supporting or otherwise impacted by
migrants from Venezuela:
Provided, <<NOTE: Requirement. Notification.>> That such
amounts are in addition to funds otherwise made available for
assistance for such countries and are subject to the regular
notification procedures of the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Section 907 of the Freedom Support Act.--Section 907
of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development
[[Page 138 STAT. 825]]
Finance Corporation as authorized by the BUILD Act of 2018
(division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act:
Provided, <<NOTE: President. Determination.>> That except as otherwise
provided in section 7047(a) of this Act, funds may be made available
without regard to the restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States: Provided further, <<NOTE: Consultation.>> That prior to
executing the authority contained in the previous proviso, the Secretary
of State shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United States.
(c) <<NOTE: Determination. Reports.>> Turkey.--None of the funds
made available by this Act may be used to facilitate or support the sale
of defense articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines
and reports to the appropriate congressional committees that members of
the TPPD who are named in the July 17, 2017, indictment by the Superior
Court of the District of Columbia, and against whom there are pending
charges, have returned to the United States to stand trial in connection
with the offenses contained in such indictment or have otherwise been
brought to justice: Provided, That the limitation in this paragraph
shall not apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty Organization or
coalition operations, or to enhance the protection of United States
officials and facilities in Turkey.
(d) Ukraine.--
(1) <<NOTE: Deadline.>> Strategy requirement.--Not later
than 60 days after the date of enactment of this Act, the
Secretary of State, in coordination with the heads of other
relevant Federal agencies, shall submit to the Speaker and
Minority Leader of the House of Representatives, the Majority
and Minority Leaders of the Senate, and the appropriate
congressional committees a strategy to prioritize United States
national security interests in response to Russian aggression in
Ukraine and its impact in Europe and Eurasia, which shall
include an explanation of how United States assistance for
Ukraine and affected countries in the region advances the
objectives of such strategy: Provided, <<NOTE: Timelines.>>
That such strategy shall include clear goals, benchmarks,
timelines, and strategic objectives with respect to funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for Ukraine,
including details on the staffing requirements necessary to
carry out such strategy.
(2) <<NOTE: Reports.>> Cost matching.--Funds appropriated
by this Act under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' that are
made available
[[Page 138 STAT. 826]]
for contributions to the Government of Ukraine may not exceed 50
percent of the total amount provided for such assistance by all
sources: Provided, <<NOTE: President. Waiver
authority. Determination.>> That the President may waive the
limitation in this paragraph if the President determines and
reports to the appropriate congressional committees that to do
so is in the national security interest of the United States,
including a detailed justification for such determination and an
explanation as to why other donors to the Government of Ukraine
are unable to meet or exceed such level: Provided
further, <<NOTE: Time period.>> That following such
determination, the President shall submit a report to the
Speaker and Minority Leader of the House of Representatives, the
Majority and Minority Leaders of the Senate, and the appropriate
congressional committees every 120 days while assistance is
provided in reliance on the determination under the previous
proviso detailing steps taken by the Department of State to
increase other donor contributions and an update on the status
of such contributions: Provided
further, <<NOTE: Requirements. Extension.>> That the
requirements of this paragraph shall continue in effect until
funds made available by this Act pursuant to this paragraph have
been expended.
(3) Oversight.--
(A) Staffing.--Funds appropriated under titles I and
II of this Act shall be made available to support the
appropriate level of staff in Ukraine and neighboring
countries to conduct effective monitoring and oversight
of United States foreign assistance and ensure the
safety and security of United States personnel,
consistent with the strategy required in paragraph (1).
(B) In-person monitoring.--The Secretary of State
shall, to the maximum extent practicable, ensure that
funds appropriated by this Act under the headings
``Economic Support Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', ``International Narcotics
Control and Law Enforcement'', and ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' and made
available for project-based assistance for Ukraine are
subject to in-person monitoring by United States
personnel or by vetted third party monitors.
(C) <<NOTE: Reports. Audits. Evaluations.>>
Certification.--Not later than 15 days prior to the
initial obligation of funds appropriated by this Act and
made available for assistance for Ukraine under the
headings ``Economic Support Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``International
Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'',
the Secretary of State and the USAID Administrator shall
jointly certify and report to the appropriate
congressional committees that mechanisms for monitoring
and oversight of funds are in place and functioning to
ensure accountability of such funds to prevent waste,
fraud, abuse, diversion, and corruption, including
mechanisms such as use of third-party monitors, enhanced
end-use monitoring, external and independent audits and
evaluations, randomized spot checks, and regular
reporting on outcomes achieved and progress made toward
stated program objectives, consistent with the strategy
required in paragraph (1):
Provided, <<NOTE: Applicability.>> That section 7015(e)
of this
[[Page 138 STAT. 827]]
Act shall apply to the certification requirement of this
subparagraph.
(D) <<NOTE: Requirements. Applicability.>>
Notification.--The requirements of section 1706 of the
Additional Ukraine Supplemental Appropriations Act, 2023
(division M of Public Law 117-328) shall apply to funds
appropriated by this Act under titles I through IV that
are made available for assistance for Ukraine.
(E) <<NOTE: Time periods.>> Reports.--
(i) Not later than 60 days after the date of
enactment of this Act and every 90 days thereafter
until all funds appropriated by this Act and made
available for Ukraine have been expended, the
Secretary of State and the USAID Administrator
shall provide a comprehensive report to the
appropriate congressional committees on assistance
made available for Ukraine since February 24,
2022, in this Act and prior Acts making
appropriations for the Department of State,
foreign operations, and related programs:
Provided, That such report shall include the total
amount of such funds, disaggregated by account and
fiscal year, that remain unobligated, are
obligated but unexpended, and are committed but
not yet notified.
(ii) <<NOTE: Summary.>> Not later than 90
days after the date of enactment of this Act and
every 90 days thereafter until all funds
appropriated by this Act and made available for
Ukraine have been expended, the Secretary of State
and the USAID Administrator shall jointly report
to the appropriate congressional committees on the
use and planned uses of funds made available
during fiscal year 2024 for assistance for
Ukraine, including categories and amounts, the
intended results and the results achieved, a
summary of other donor contributions, and a
description of the efforts undertaken by the
Secretary and Administrator to increase other
donor contributions: Provided, That such reports
shall also include the metrics established to
measure such results, and determine effectiveness
of funds provided, and a detailed description of
coordination and information sharing with the
Offices of the Inspectors General, including a
full accounting of any reported allegations of
waste, fraud, abuse, and corruption, steps taken
to verify such allegations, and steps taken to
address all verified allegations.
(F) <<NOTE: Public information.>> Transparency.--
The reports required under this subsection shall be made
publicly available consistent with the requirements of
section 7016(b) of this Act.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) <<NOTE: Determinations. Reports.>> Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this Act
may be made available for assistance for the central government
of a country that the Secretary of State determines and
[[Page 138 STAT. 828]]
reports to the Committees on Appropriations has taken
affirmative steps intended to support or be supportive of the
Russian Federation annexation of Crimea or other territory in
Ukraine: Provided, <<NOTE: Waiver authority.>> That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do
so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of the Russian
Federation or Russian-backed forces, if such activity
includes the participation of Russian Government
officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to use the voice and
vote of the United States to oppose any assistance by such
institution (including any loan, credit, grant, or guarantee)
for any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations that
the Government of Ukraine has reestablished sovereignty over
Crimea and other territory in Ukraine under the control of the
Russian Federation or Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) <<NOTE: Determinations. Reports.>> Prohibition.--None
of the funds appropriated by this Act may be made available for
assistance for the central government of a country that the
Secretary of State determines and reports to the Committees on
Appropriations has recognized the independence of, or has
established diplomatic relations with, the Russian Federation
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: Provided, <<NOTE: Web posting. List.>> That the
Secretary shall publish on the Department of State website a
list of any such central governments in a timely manner:
Provided further, <<NOTE: Waiver authority.>> That the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification for
such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
[[Page 138 STAT. 829]]
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to use the voice and
vote of the United States to oppose any assistance by such
institution (including any loan, credit, grant, or guarantee)
for any program that violates the sovereignty and territorial
integrity of Georgia.
(d) Countering Russian Influence Fund.--Of the funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Assistance for Europe, Eurasia and Central Asia'', ``International
Narcotics Control and Law Enforcement'', ``International Military
Education and Training'', and ``Foreign Military Financing Program'',
not less than $300,000,000 shall be made available to carry out the
purposes of the Countering Russian Influence Fund, as authorized by
section 254 of the Countering Russian Influence in Europe and Eurasia
Act of 2017 (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
country limitation in subsection (b) of such section, and programs to
enhance the capacity of law enforcement and security forces in countries
in Europe, Eurasia, and Central Asia and strengthen security cooperation
between such countries and the United States and the North Atlantic
Treaty Organization, as appropriate: Provided, That funds made
available pursuant to this paragraph under the heading ``Foreign
Military Financing Program'' may remain available until September 30,
2025.
united nations and other international organizations
Sec. 7048. <<NOTE: Reports.>> (a) Transparency and Accountability.--
Not later than 120 days after the date of enactment of this Act, the
Secretary of State shall report to the Committees on Appropriations
whether each organization, department, or agency receiving a
contribution from funds appropriated by this Act under the headings
``Contributions to International Organizations'' and ``International
Organizations and Programs''--
(1) <<NOTE: Web posting. Public information. Audits.>> is
posting on a publicly available website, consistent with privacy
regulations and due process, regular financial and programmatic
audits of such organization, department, or agency, and
providing the United States Government with necessary access to
such financial and performance audits;
(2) <<NOTE: Web posting.>> has submitted a report to the
Department of State, which shall be posted on the Department's
website in a timely manner, demonstrating that such organization
is effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the United
States for the protection of whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent adjudicative
bodies, including shared cost and selection of external
arbitration; and
[[Page 138 STAT. 830]]
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment; and
(3) is effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel;
(4) is taking credible steps to combat anti-Israel bias;
(5) is developing and implementing mechanisms to inform
donors of instances in which funds have been diverted or
destroyed and an explanation of the response by the respective
international organization; and
(6) is implementing policies and procedures to effectively
vet staff for any affiliation with a terrorist organization.
(b) <<NOTE: Determinations. Terrorism.>> Restrictions on United
Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country
the government of which the Secretary of State has determined,
for purposes of section 620A of the Foreign Assistance Act of
1961, section 40 of the Arms Export Control Act, section 1754(c)
of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or
any other provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) <<NOTE: Reports.>> Waiver.--The Secretary of State may
waive the restriction in this subsection if the Secretary
determines and reports to the Committees on Appropriations that
to do so is important to the national interest of the United
States, including a description of the national interest served.
(c) <<NOTE: Israel.>> United Nations Human Rights Council.--
(1) <<NOTE: Determination. Reports.>> None of the funds
appropriated by this Act may be made available in support of the
United Nations Human Rights Council unless the Secretary of
State determines and reports to the appropriate congressional
committees that participation in the Council is important to the
national interest of the United States and that such Council is
taking significant steps to remove Israel as a permanent agenda
item and ensure integrity in the election of members to such
Council: Provided, That <<NOTE: Reform agenda. Timeline.>>
such report shall include a description of the national interest
served and provide a detailed reform agenda, including a
timeline to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council: Provided
further, That the Secretary of State shall withhold, from funds
appropriated by this Act under the heading ``Contributions to
International Organizations'' for a contribution
[[Page 138 STAT. 831]]
to the United Nations Regular Budget, the United States
proportionate share of the total annual amount of the United
Nations Regular Budget funding for the United Nations Human
Rights Council until such determination and report is made:
Provided further, <<NOTE: Notification.>> That if the Secretary
is unable to make such determination and report, such amounts
may be reprogrammed for purposes other than the United Nations
Regular Budget, subject to the regular notification procedures
of the Committees on Appropriations: Provided
further, <<NOTE: Time period.>> That the Secretary shall report
to the Committees on Appropriations not later than September 30,
2024, on the resolutions considered in the United Nations Human
Rights Council during the previous 12 months, and on steps taken
to remove Israel as a permanent agenda item and to improve the
quality of membership through competitive elections.
(2) None of the funds appropriated by this Act may be made
available for the United Nations International Commission of
Inquiry on the Occupied Palestinian Territory, including East
Jerusalem, and Israel.
(d) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(e) <<NOTE: Updates.>> Report.--Not later than 45 days after the
date of enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2024 for
contributions to any organization, department, agency, or program within
the United Nations system or any international program that are withheld
from obligation or expenditure due to any provision of law: Provided,
That the Secretary shall update such report each time additional funds
are withheld by operation of any provision of law: Provided
further, <<NOTE: Requirement. Consultation. Notification.>> That the
reprogramming of any withheld funds identified in such report, including
updates thereof, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(f) Sexual Exploitation and Abuse in Peacekeeping Operations.--
The <<NOTE: Determinations.>> Secretary of State shall, to the maximum
extent practicable, withhold assistance to any unit of the security
forces of a foreign country if the Secretary has credible information
that such unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation, until the
Secretary determines that the government of such country is taking
effective steps to hold the responsible members of such unit accountable
and to prevent future incidents:
Provided, <<NOTE: Notifications. Deadline.>> That the Secretary shall
promptly notify the government of each country subject to any
withholding of assistance pursuant to this paragraph, and shall notify
the appropriate congressional committees of such withholding not later
than 10 days after a determination to withhold such assistance is made:
Provided further, That the Secretary shall,
[[Page 138 STAT. 832]]
to the maximum extent practicable, assist such government in bringing
the responsible members of such unit to justice.
(g) <<NOTE: Notification.>> Additional Availability.--Subject to
the regular notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made available
due to the second proviso under the heading ``Contributions for
International Peacekeeping Activities'' in title I of this Act or
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)), shall remain available for obligation until September 30,
2025: Provided, That the requirement to withhold funds for programs in
Burma under section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to funds appropriated by this Act.
(h) <<NOTE: Deadline. Contracts. Determination.>> Accountability
Requirement.--Not later than 30 days after the date of enactment of this
Act, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall seek to
enter into written agreements with each international organization that
receives funding appropriated by this Act to provide timely access to
the Inspectors General of the Department of State and the United States
Agency for International Development and the Comptroller General of the
United States to such organization's financial data and other
information relevant to United States contributions to such
organization, as determined by the Inspectors and Comptroller General.
(i) Strengthening American Presence at International
Organizations.--
(1) Of the funds made available by this Act under the
heading ``International Organizations and Programs'', not less
than $5,000,000 shall be made available for the placement of
United States citizens in the Junior Professional Officer
Programme.
(2) Of the funds made available by this Act under the
heading ``Diplomatic Programs'', not less than $750,000 shall be
made available to enhance the competitiveness of United States
citizens for leadership positions in the United Nations system,
including pursuant to section 9701 of the Department of State
Authorization Act of 2022 (title XCVII of division I of Public
Law 117-263).
war crimes tribunal
Sec. 7049. <<NOTE: President. Determination.>> If the President
determines that doing so will contribute to a just resolution of charges
regarding genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security Council
or such other tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, <<NOTE: Notification.>> That funds made available pursuant to
this section shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
[[Page 138 STAT. 833]]
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2024 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$94,000,000 shall be made available for programs to promote Internet
freedom globally, consistent with section 9707 of the Department of
State Authorization Act of 2022 (title XCVII of division I of Public Law
117-263).
(b) <<NOTE: Consultation. Deadline.>> Coordination and Spend
Plans.--After consultation among the relevant agency heads to coordinate
and de-conflict planned activities, but not later than 90 days after the
date of enactment of this Act, the Secretary of State and the Chief
Executive Officer of the United States Agency for Global Media, in
consultation with the President of the Open Technology Fund, shall
submit to the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet freedom globally,
which shall include a description of safeguards established by relevant
agencies to ensure that such programs are not used for illicit purposes:
Provided, That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State and United
States Agency for International Development offices and bureaus.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance to eliminate torture and other
cruel, inhuman, or degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) <<NOTE: Applicability. Determination. Reports.>> Property
Disposal.--The authority provided in subsection (a) shall apply only
after the Secretary of State determines and reports to the Committees on
Appropriations that the equipment is no longer required to meet
programmatic purposes in the designated country or region:
Provided, <<NOTE: Requirement. Consultation. Notification.>> That any
such transfer shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(c) Aircraft Coordination.--
[[Page 138 STAT. 834]]
(1) <<NOTE: Reimbursements.>> Authority.--The uses of
aircraft purchased or leased by the Department of State and the
United States Agency for International Development with funds
made available in this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs shall be coordinated under the authority of the
appropriate Chief of Mission: Provided, That such aircraft may
be used to transport, on a reimbursable or non-reimbursable
basis, Federal and non-Federal personnel supporting Department
of State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes may
be supported on a reimbursable basis, or without reimbursement
when traveling on a space available basis: Provided further,
That funds received by the Department of State in connection
with the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital Fund
of the Department and shall be available for expenses related to
the purchase, lease, maintenance, chartering, or operation of
such aircraft.
(2) <<NOTE: Applicability.>> Scope.--The requirement and
authorities of this subsection shall only apply to aircraft, the
primary purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. <<NOTE: Applicability.>> The terms and conditions of
section 7055 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That subsection (f)(2)(B) of such
section shall be applied by substituting ``September 30, 2023'' for
``September 30, 2009''.
international monetary fund
Sec. 7054. (a) <<NOTE: Applicability.>> Extensions.--The terms and
conditions of sections 7086(b)(1) and (2) and 7090(a) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. <<NOTE: Notification.>> (a) Limitation.--None of the
funds appropriated in this Act may be used to provide assistance (other
than funds provided under the headings ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``International Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and Migration
Assistance Fund'', and ``Nonproliferation, Anti-terrorism, Demining and
Related Assistance'') for the central government of a country which has
notified the Department of State of its refusal
[[Page 138 STAT. 835]]
to extradite to the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment without the
possibility of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) <<NOTE: Applicability.>> Clarification.--Subsection (a) shall
only apply to the central government of a country with which the United
States maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) <<NOTE: Certification.>> Waiver.--The Secretary of State may
waive the restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that such waiver
is important to the national interest of the United States.
enterprise funds
Sec. 7056. <<NOTE: Time period. President.>> (a) Notification.--
None of the funds made available under titles III through VI of this Act
may be made available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2024, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) <<NOTE: Transfer authority. Notification.>> Availability of
Funds.--Funds appropriated by this Act for UNFPA, that are not made
available for UNFPA because of the operation of any provision of law,
shall be transferred to the ``Global Health Programs'' account and shall
be made available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the
Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) <<NOTE: Abortion.>> UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of
[[Page 138 STAT. 836]]
funds that UNFPA is budgeting for the year in which the report
is submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate the
capacity of countries to prevent, detect, and respond to
infectious disease outbreaks, including by strengthening public
health capacity where there is a high risk of emerging zoonotic
infectious diseases:
Provided, <<NOTE: Deadline. Consultation.>> That not later than
60 days after the date of enactment of this Act, the
Administrator of the United States Agency for International
Development and the Secretary of State, as appropriate, shall
consult with the Committees on Appropriations on the planned
uses of such funds.
(2) <<NOTE: Determination. Reports. Transfer authority.>>
Extraordinary measures.--If the Secretary of State determines
and reports to the Committees on Appropriations that an
international infectious disease outbreak is sustained, severe,
and is spreading internationally, or that it is in the national
interest to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total of
$200,000,000 of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', and ``Millennium Challenge Corporation'' may be
made available to combat such infectious disease or public
health emergency, and may be transferred to, and merged with,
funds appropriated under such headings for the purposes of this
paragraph.
[[Page 138 STAT. 837]]
(3) Emergency reserve fund.--Up to $70,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided, That such
funds shall be made available under the same terms and
conditions of such section.
(4) <<NOTE: Requirement.>> Consultation and notification.--
Funds made available by this subsection shall be subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(c) <<NOTE: Wuhan Institute of Virology. China.>> Limitation.--
Notwithstanding any other provision of law, none of the funds made
available by this Act may be made available to the Wuhan Institute of
Virology located in the City of Wuhan in the People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--Funds appropriated by this Act shall be
made available to promote the equality and empowerment of women and
girls in United States Government diplomatic and development efforts by
raising the status, increasing the economic participation and
opportunities for political leadership, and protecting the rights of
women and girls worldwide.
(b) Women's Economic Empowerment.--Funds appropriated by this Act
shall be made available to expand economic opportunities for women by
increasing the number and capacity of women-owned enterprises, improving
property rights for women, increasing women's access to financial
services and capital, enhancing the role of women in economic decision-
making at the local, national, and international levels, and improving
women's ability to participate in the global economy, including through
implementation of the Women's Entrepreneurship and Economic Empowerment
Act of 2018 (Public Law 115-428): Provided, <<NOTE: Consultation.>>
That the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, shall consult with
the Committees on Appropriations on the uses of funds made available
pursuant to this subsection.
(c) Gender Equity and Equality Action Fund.--Of the funds
appropriated under title III of this Act, up to $200,000,000 may be made
available for the Gender Equity and Equality Action Fund.
(d) Madeleine K. Albright Women's Leadership Program.--Of the funds
appropriated under title III of this Act, not less than $50,000,000
shall be made available for the Madeleine K. Albright Women's Leadership
Program, as established by section 7059(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2023
(division K of Public Law 117-328).
(e) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $250,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
[[Page 138 STAT. 838]]
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(3) Funds made available pursuant to this subsection should
include efforts to combat a variety of forms of violence against
women and girls, including child marriage, rape, and female
genital cutting and mutilation.
(f) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', $150,000,000
should be made available to support a multi-year strategy to expand, and
improve coordination of, United States Government efforts to empower
women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the equitable
provision of relief and recovery assistance to women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $922,000,000 shall be made
available for the Nita M. Lowey Basic Education Fund,
and such funds may be made available notwithstanding any
other provision of law that restricts assistance to
foreign countries: Provided, That such funds shall also
be used for secondary education activities: Provided
further, That of the funds made available by this
paragraph, $150,000,000 should be available for the
education of girls in areas of conflict.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
$152,000,000 shall be made available for contributions
to multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $271,000,000 shall be made
available for assistance for higher education:
Provided, <<NOTE: Requirement. Notification.>> That such funds
may be made available notwithstanding any other provision of law
that restricts assistance to foreign countries, and shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That of such amount, not
less than $33,000,000 shall be made available for new and
ongoing partnerships between higher education institutions in
the United States and developing countries focused on building
the capacity of higher education institutions and systems in
developing countries: Provided further, That of such amount and
in addition to the previous proviso, not less than $35,000,000
shall be made available for higher education programs pursuant
to section 7060(a)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116-260).
[[Page 138 STAT. 839]]
(3) Scholar rescue programs.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia
and Central Asia'', not less than $7,000,000 shall be made
available for scholar rescue programs to support projects that
strengthen democracy and civil society by protecting scholars at
risk overseas, including through fellowships and placement
opportunities abroad, which shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $18,500,000
shall be made available for United States Agency for International
Development cooperative development programs and not less than
$31,500,000 shall be made available for the American Schools and
Hospitals Abroad program.
(c) Disability Programs.--Funds appropriated by this Act under the
heading ``Development Assistance'' shall be made available for programs
and activities administered by USAID to address the needs of, and
protect and promote the rights of, people with disabilities in
developing countries, including initiatives that focus on independent
living, economic self-sufficiency, advocacy, education, employment,
transportation, sports, political and electoral participation, and
integration of individuals with disabilities, including for the cost of
translation: Provided, That funds shall be made available to support
disability rights advocacy organizations in developing countries:
Provided further, That of the funds made available pursuant to this
subsection, 5 percent may be used by USAID for management, oversight,
and technical support.
(d) Food Security and Agricultural Development.--
(1) Use of funds.--Of the funds appropriated by title III of
this Act, not less than $960,000,000 shall be made available for
food security and agricultural development programs to carry out
the purposes of the Global Food Security Act of 2016 (Public Law
114-195), including for the Feed the Future Innovation Labs:
Provided, That funds may be made available for a contribution as
authorized by section 3202 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246), as amended by section 3310 of
the Agriculture Improvement Act of 2018 (Public Law 115-334).
(2) Feed the future modernization.--Of the funds made
available pursuant to this subsection--
(A) not less than 50 percent should be made
available for the Feed the Future target countries; and
(B) not less than $25,000,000 shall be made
available to support private sector investment in food
security, including as catalytic capital.
(e) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $252,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(f) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and
[[Page 138 STAT. 840]]
Law Enforcement'', not less than $111,000,000 shall be made available
for activities to combat trafficking in persons internationally,
including for the Program to End Modern Slavery, of which not less than
$89,500,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided, That
funds made available by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' that are made available for activities to
combat trafficking in persons should be obligated and programmed
consistent with the country-specific recommendations included in the
annual Trafficking in Persons Report, and shall be coordinated with the
Office to Monitor and Combat Trafficking in Persons, Department of
State: Provided further, That such funds are in addition to funds made
available by this Act under the heading ``Diplomatic Programs'' for the
Office to Monitor and Combat Trafficking in Persons: Provided further,
That funds made available by this Act shall be made available to further
develop, standardize, and update training for all United States
Government personnel under Chief of Mission authority posted at United
States embassies and consulates abroad on recognizing signs of human
trafficking and protocols for reporting such cases.
(g) <<NOTE: Deadline.>> Public-Private Partnerships.--Of the funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'', $100,000,000 shall be made available
to support new public-private partnership foundations for conservation
and food security if legislation establishing such foundations is
enacted into law by December 31, 2024.
(h) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $25,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic, racial,
religious, and political backgrounds from areas of civil strife and war:
Provided, <<NOTE: Requirement. Notification.>> That such funds shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than the
United States Government: Provided further, That such funds shall be
administered by the Center for Conflict and Violence Prevention, USAID.
(i) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $451,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $225,500,000 shall be for programs
in sub-Saharan Africa.
(j) Deviation.--Unless otherwise provided for by this Act, the
Secretary of State and the USAID Administrator, as applicable, may
deviate below the minimum funding requirements designated in sections
7059, 7060, and 7061 of this Act by up to 10 percent, notwithstanding
such designation: Provided, That such deviations shall only be
exercised to address unforeseen or exigent circumstances: Provided
further, <<NOTE: Proposals.>> That concurrent with the submission of
the report required by section 653(a) of the Foreign Assistance Act of
1961, the Secretary shall submit to the Committees on Appropriations in
writing any proposed deviations utilizing such authority that are
planned at the time of submission of such report:
[[Page 138 STAT. 841]]
Provided further, <<NOTE: Requirement. Consultation.>> That any
deviations proposed subsequent to the submission of such report shall be
subject to prior consultation with such Committees: Provided
further, <<NOTE: Reports.>> That not later than November 1, 2025, the
Secretary of State shall submit a report to the Committees on
Appropriations on the use of the authority of this subsection.
environment programs
Sec. 7061. (a) <<NOTE: Reports.>> Funds appropriated by this Act to
carry out the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the provisions of
this section and only subject to the reporting procedures of the
Committees on Appropriations, to support environment programs.
(b)(1) Of the funds appropriated under title III of this Act, not
less than $365,750,000 shall be made available for biodiversity
conservation programs.
(2) Not less than $118,750,000 of the funds appropriated under
titles III and IV of this Act shall be made available to combat the
transnational threat of wildlife poaching and trafficking.
(3) <<NOTE: Determination. Poaching. Reports.>> None of the funds
appropriated under title IV of this Act may be made available for
training or other assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the Secretary
reports to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(4) Funds appropriated by this Act for biodiversity programs shall
not be used to support the expansion of industrial scale logging,
agriculture, livestock production, mining, or any other industrial scale
extractive activity into areas that were primary/intact tropical forests
as of December 30, 2013, and the Secretary of the Treasury shall
instruct the United States executive directors of each international
financial institution (IFI) to use the voice and vote of the United
States to oppose any financing of any such activity.
(c) The Secretary of the Treasury shall instruct the United States
executive director of each IFI that it is the policy of the United
States to use the voice and vote of the United States, in relation to
any loan, grant, strategy, or policy of such institution, regarding the
construction of any large dam consistent with the criteria set forth in
Senate Report 114-79, while also considering whether the project
involves important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act, not less
than $175,750,000 shall be made available for sustainable landscapes
programs.
(e) Of the funds appropriated under title III of this Act, not less
than $256,500,000 shall be made available for adaptation programs,
including in support of the implementation of the Indo-Pacific Strategy.
(f) Of the funds appropriated under title III of this Act, not less
than $247,000,000 shall be made available for clean energy programs,
including in support of carrying out the purposes of the Electrify
Africa Act (Public Law 114-121) and implementing the Power Africa
initiative.
[[Page 138 STAT. 842]]
(g) Funds appropriated by this Act under title III may be made
available for United States contributions to the Adaptation Fund and the
Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act, not less
than $47,500,000 shall be made available for the purposes enumerated
under section 7060(c)(7) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division K of Public Law
116-260): Provided, <<NOTE: Consultation.>> That such funds may only
be made available following consultation with the Committees on
Appropriations.
(i) Of the funds appropriated under title III of this Act, not less
than $19,000,000 shall be made available to support Indigenous and other
civil society organizations in developing countries that are working to
protect the environment, including threatened and endangered species.
(j) <<NOTE: Implementation.>> The Secretary of State and USAID
Administrator shall implement the directive regarding law enforcement in
national parks and protected areas as described under this section in
Senate Report 118-71.
budget documents
Sec. 7062. <<NOTE: Deadlines.>> (a) Operating Plans.--Not later
than 45 days after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of this Act, and
the Department of the Treasury and Independent Agencies funded in title
III of this Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or funds
otherwise available for obligation in fiscal year 2024, that provides
details of the uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification funding
levels, the most recent congressional directives or approved funding
levels, and the funding levels proposed by the department or agency; and
a clear, concise, and informative description/justification: Provided
further, <<NOTE: Requirement. Notification.>> That operating plans that
include changes in levels of funding for programs, projects, and
activities specified in the congressional budget justification, in this
Act, or amounts designated in the tables in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), as applicable, shall be subject to the notification
and reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act for--
(A) assistance for countries in Central America and
the Caribbean, Cambodia, Ethiopia, Iraq, Pacific Islands
countries, Pakistan, Tunisia, and Ukraine;
(B) assistance for the Africa Regional
Counterterrorism program, Caribbean Basin Security
Initiative, Central America Regional Security
Initiative, Counterterrorism
[[Page 138 STAT. 843]]
Partnerships Fund, Global Peace Operations Initiative,
Indo-Pacific Strategy and the Countering PRC Influence
Fund, Partnership for Global Infrastructure and
Investment, Partnership for Regional East Africa
Counterterrorism, Power Africa, Prosper Africa, and
Trans-Sahara Counterterrorism Partnership;
(C) assistance made available pursuant to the
following sections in this Act: section 7032; section
7036; section 7047(d) (on a country-by-country basis);
section 7059; and subsections (a), (d), (e), (f), (h),
and (i) of section 7060;
(D) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for
International Organized Crime and for Cybercrime and
Intellectual Property Rights: Provided, That the spend
plans shall include bilateral and global programs funded
under such heading along with a brief description of the
activities planned for each country; and
(E) implementation of the Global Fragility Act of
2019.
(2) Not later than 90 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for funds
made available by this Act under the headings ``Department of
the Treasury, International Affairs Technical Assistance'' in
title III and ``Treasury International Assistance Programs'' in
title V.
(3) <<NOTE: Determination.>> Notwithstanding paragraph (1),
up to 10 percent of the funds contained in a spend plan required
by this subsection may be obligated prior to the submission of
such spend plan if the Secretary of State, the USAID
Administrator, or the Secretary of the Treasury, as applicable,
determines that the obligation of such funds is necessary to
avoid significant programmatic disruption:
Provided, <<NOTE: Time period. Consultation.>> That not less
than seven days prior to such obligation, the Secretary or
Administrator, as appropriate, shall consult with the Committees
on Appropriations on the justification for such obligation and
the proposed uses of such funds.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in this
Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2025:
Provided, <<NOTE: Appendices.>> That the appendices for such
justification shall be provided to the Committees on Appropriations not
later than 10 calendar days thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in subsection (b) by the Department of State, the
United States Agency for International Development, or any other Federal
department, agency, or organization
[[Page 138 STAT. 844]]
funded by this Act without prior consultation by the head of such
department, agency, or organization with the appropriate congressional
committees: Provided, <<NOTE: Requirement.>> That such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification submitted
to such Committees shall include a detailed justification for any
proposed action: Provided further, That congressional notifications
submitted in prior fiscal years pursuant to similar provisions of law in
prior Acts making appropriations for the Department of State, foreign
operations, and related programs may be deemed to meet the notification
requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and USAID
from the staffing levels previously justified to the Committees
on Appropriations for fiscal year 2024.
department of state matters
Sec. 7064. (a) <<NOTE: Requirement. Notification.>> Working Capital
Fund.--Funds appropriated by this Act or otherwise made available to the
Department of State for payments to the Working Capital Fund that are
made available for new service centers, shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) Certification.--
(1) <<NOTE: Reports.>> Compliance.--Not later than 45 days
after the initial obligation of funds appropriated under titles
III and IV of this Act that are made available to a Department
of State bureau or office with responsibility for the management
and oversight of such funds, the Secretary of State shall
certify and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and grants
management policies, procedures, and regulations, as applicable.
(2) Considerations.--When making a certification required by
paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
[[Page 138 STAT. 845]]
(3) <<NOTE: Timeline.>> Plan.--If the Secretary of State is
unable to make a certification required by paragraph (1), the
Secretary shall submit a plan and timeline detailing the steps
to be taken to bring such bureau or office into compliance.
(c) Other Matters.--
(1) In addition to amounts appropriated or otherwise made
available by this Act under the heading ``Diplomatic
Programs''--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(2) Funds appropriated or otherwise made available by this
Act under the heading ``Diplomatic Programs'' are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in title I of this Act.
(3) Consistent with section 204 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to $25,000,000
of the amounts made available under the heading ``Diplomatic
Programs'' in this Act may be obligated and expended for United
States participation in international fairs and expositions
abroad, including for construction and operation of a United
States pavilion at Expo 2025.
(4) Of the funds appropriated by this Act under the heading
``Diplomatic Programs'', not less than $500,000 shall be made
available for additional personnel for the Bureau of Legislative
Affairs, Department of State.
(5) <<NOTE: Reports.>> Reports required by section 303(g)
of the Convention on Cultural Property Implementation Act (19
U.S.C. 2602) shall also be submitted to the Committees on
Appropriations: Provided, <<NOTE: Compliance.>> That such
reports shall also include information concerning compliance
with section 303(c) of such Act.
(6) <<NOTE: Applicability.>> (A) The notification
requirement of paragraphs (2) and (3) of subsection (j) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(j)) shall also apply to the Committees on Appropriations.
(B) The justification requirement of paragraph (4) of
subsection (j) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(j)) shall also apply to the Committees on
Appropriations.
(C) <<NOTE: Reports. Criteria. Certification.>> Not later
than 90 days after the date of enactment of this Act, the
Secretary of State shall submit to the appropriate congressional
committees a report detailing the criteria used to certify that
a position established in accordance with paragraph (2) of
subsection (j) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(j)) does not require
[[Page 138 STAT. 846]]
the exercise of significant authority pursuant to the laws of
the United States: Provided, <<NOTE: List. Updates. Time
period. Termination date.>> That such report shall also include
a listing of each special appointment authorized by such
section, the number of positions for the applicable office, and
the salary and other support costs of such office, and such
report shall be updated and submitted to the such committees
every 180 days thereafter until September 30, 2025.
united states agency for international development management
Sec. 7065. (a) <<NOTE: 22 USC 3948 note.>> Authority.--Up to
$170,000,000 of the funds made available in title III of this Act
pursuant to or to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) <<NOTE: Expiration date. 22 USC 3948 note.>> Restriction.--The
authority to hire individuals contained in subsection (a) shall expire
on September 30, 2025.
(c) <<NOTE: 22 USC 3948 note.>> Program Account Charged.--The
account charged for the cost of an individual hired and employed under
the authority of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, <<NOTE: Transfer authority.>> That funds made available to
carry out this section may be transferred to, and merged with, funds
appropriated by this Act in title II under the heading ``Operating
Expenses''.
(d) <<NOTE: 22 USC 3948 note.>> Foreign Service Limited
Extensions.--Individuals hired and employed by USAID, with funds made
available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant
to the authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(e) <<NOTE: Notification.>> Disaster Surge Capacity.--Funds
appropriated under title III of this Act to carry out part I of the
Foreign Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed to or
employed by USAID whose primary responsibility is to carry out programs
in response to natural disasters or man-made disasters, subject to the
regular notification procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, <<NOTE: Assignment.>> That
not more than 15 of such contractors shall be assigned to any bureau or
office: Provided further, That
[[Page 138 STAT. 847]]
such funds appropriated to carry out title II of the Food for Peace Act
(Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made available only
for personal services contractors assigned to the Bureau for
Humanitarian Assistance.
(g) <<NOTE: Contracts. Exception.>> Small Business.--In entering
into multiple award indefinite-quantity contracts with funds
appropriated by this Act, USAID may provide an exception to the fair
opportunity process for placing task orders under such contracts when
the order is placed with any category of small or small disadvantaged
business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Crisis Operations Staffing.--Up to $86,000,000 of the funds made
available in title III of this Act pursuant to, or to carry out the
provisions of, part I of the Foreign Assistance Act of 1961 and section
509(b) of the Global Fragility Act of 2019 (title V of division J of
Public Law 116-94) may be made available for the United States Agency
for International Development to appoint and employ personnel in the
excepted service to prevent or respond to foreign crises and contexts
with growing instability: Provided, That functions carried out by
personnel hired under the authority of this subsection shall be related
to the purpose for which the funds were appropriated: Provided further,
That such funds are in addition to funds otherwise available for such
purposes and may remain attributed to any minimum funding requirement
for which they were originally made available: Provided further,
That <<NOTE: Consultation.>> the USAID Administrator shall coordinate
with the Director of the Office of Personnel Management and consult with
the appropriate congressional committees on implementation of this
provision.
(j) Personal Service Agreements.--Funds appropriated by this Act
under titles II and III may be made available for the USAID
Administrator to exercise the authorities of section 2669(c) of title
22, United States Code.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the funds
appropriated by this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing Program'',
not less than $135,000,000 shall be made available for the Prevention
and Stabilization Fund for the purposes enumerated in section 509(a) of
the Global Fragility Act of 2019 (title V of division J of Public Law
116-94): Provided, That such funds shall be prioritized for countries
with national and local governments with the demonstrated political will
and capacity to partner on strengthening government legitimacy:
Provided further, That <<NOTE: Consultation. Deadline.>> the Secretary
of State and the Administrator of the United States Agency for
International Development shall consult with
[[Page 138 STAT. 848]]
the Committees on Appropriations on the intended prioritization and
allocation of such funds not later than 60 days prior to submitting the
pre-obligation spend plans required by section 7062(b) of this Act:
Provided further, <<NOTE: Transfer authority.>> That funds appropriated
under such headings may be transferred to, and merged with, funds
appropriated under such headings for such purposes: Provided further,
That <<NOTE: Consultation. Notification.>> such transfer authority is
in addition to any other transfer authority provided by this Act or any
other Act, and is subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That funds made available pursuant to this subsection under the
heading ``Foreign Military Financing Program'' may remain available
until September 30, 2025.
(b) Transitional Justice.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $10,000,000 shall
be made available for programs to promote accountability for genocide,
crimes against humanity, and war crimes, which shall be in addition to
any other funds made available by this Act for such purposes: Provided,
That such programs shall include components to develop local
investigative and judicial skills, and to collect and preserve evidence
and maintain the chain of custody of evidence, including for use in
prosecutions, and may include the establishment of, and assistance for,
transitional justice mechanisms: Provided
further, <<NOTE: Requirement. Consultation.>> That such funds shall be
administered by the Ambassador-at-Large for the Office of Global
Criminal Justice, Department of State, and shall be subject to prior
consultation with the Committees on Appropriations: Provided further,
That funds made available by this paragraph shall be made available on
an open and competitive basis.
debt-for-development
Sec. 7067. <<NOTE: Notification.>> In order to enhance the
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject
to the regular notification procedures of the Committees on
Appropriations, any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that organization.
extension of consular fees and related authorities
Sec. 7068. <<NOTE: Applicability. 22 USC 214 note.>> (a) Section
1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall
be applied through fiscal year 2024 by substituting ``the costs of
providing consular services'' for ``such costs''.
(b) <<NOTE: Applicability.>> Section 21009 of the Emergency
Appropriations for Coronavirus Health Response and Agency Operations
(division B of Public Law 116-136; 134 Stat. 592) shall be applied
during fiscal year 2024 by substituting ``2020 through 2024'' for ``2020
and 2021''.
(c) <<NOTE: Transfer
authority. Determination. Reports. Consultation.>> Discretionary
amounts made available to the Department of State under the heading
``Administration of Foreign Affairs'' of this Act, and discretionary
unobligated balances under such
[[Page 138 STAT. 849]]
heading from prior Acts making appropriations for the Department of
State, foreign operations, and related programs, may be transferred to
the Consular and Border Security Programs account if the Secretary of
State determines and reports to the Committees on Appropriations that to
do so is necessary to sustain consular operations, following
consultation with such Committees: Provided, That such transfer
authority is in addition to any transfer authority otherwise available
in this Act and under any other provision of law: Provided further,
That no amounts may be transferred from amounts designated as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2024, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
(e) Amounts provided pursuant to subsection (b) are designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
management and oversight
Sec. 7069. (a) <<NOTE: 22 USC 2396b.>> Management.--
(1) Consistent with paragraph (2), there is hereby
established in the Treasury of the United States the ``USAID
Buying Power Maintenance Account''.
(2) <<NOTE: Transfer authorities. Deadline.>> Up to
$50,000,000 of expired or unexpired discretionary unobligated
balances appropriated for this and for any succeeding fiscal
year under the heading ``Operating Expenses'' may be transferred
to, and merged with, the account established pursuant to
paragraph (1) not later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available
for the purposes for which appropriated: Provided, That amounts
deposited in such account shall be available until expended for
the purposes of offsetting adverse fluctuations in foreign
currency exchange rates or overseas wage and price changes to
maintain overseas operations, in addition to such other funds as
may be available for such purposes: Provided further, That
amounts from such account may be transferred to, and merged
with, funds appropriated under titles II and III of this Act or
subsequent Acts making appropriations for the Department of
State, foreign operations, and related programs for such
purposes: Provided further, That any specific designation or
restriction contained in this Act or any other provision of law
limiting the amounts available that may be obligated or expended
shall be deemed to be adjusted to the extent necessary to offset
the net effect of fluctuations in foreign currency exchange
rates or overseas wage and price changes in order to maintain
approved levels: Provided
further, <<NOTE: Requirement. Notification.>> That transfers
pursuant to this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) Accountability and Oversight.--For purposes of strengthening
oversight, efficiency, and accountability, of the relocation activities
and related support of individuals at risk as a result
[[Page 138 STAT. 850]]
of the situation in Afghanistan, including travel and related
expenditures, security and vetting, sustainment and other needs, fees,
examinations, and administrative expenses, there is hereby established
in the Treasury of the United States the ``Enduring Welcome
Administrative Expenses Account'': Provided, That such funds may be
made available as contributions and the administrative authorities in
the Foreign Assistance Act of 1961 may be made available with respect to
such funds, as appropriate: Provided further, <<NOTE: Transfer
authority.>> That unobligated balances from prior year appropriations
available to the Department of State for support for Operation Enduring
Welcome and related efforts may be transferred to such account for the
purposes specified in this subsection: Provided further, That amounts
transferred to this account from funds made available under the heading
``United States Emergency Refugee and Migration Assistance Fund'' may be
made available notwithstanding any provision of law which restricts
assistance to foreign countries: Provided further, <<NOTE: Reports.>>
That not later than 30 days after the establishment of such account, the
Secretary of State shall submit to the Committees on Appropriations a
report detailing the funds available for obligation under the Enduring
Welcome Administrative Expenses Account, the proposed uses of such funds
by program, project, and activity and each planned use of the authority
of the previous proviso: Provided further, <<NOTE: Updates. Time
period. Termination date.>> That such report shall be updated and
submitted to the Committees on Appropriations every 60 days until
September 30, 2025: Provided further, That amounts transferred pursuant
to this subsection that were previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
multilateral development banks
Sec. 7070. The African Development Fund Act (22 U.S.C. 290g et
seq.) is amended by adding at the end the following new section:
``SEC. 227. <<NOTE: 22 USC 290g-26.>> SIXTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund is
authorized to contribute on behalf of the United States $591,000,000 to
the sixteenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$591,000,000 for payment by the Secretary of the Treasury.''.
prohibitions on certain transactions involving special drawing rights
Sec. 7071. (a) Prohibition on Certain Transactions Involving
Perpetrators of Genocide and State Sponsors of Terrorism Without
Congressional Authorization.--Section 6(b) of the Special Drawing Rights
Act (22 U.S.C. 286q(b)) is amended by adding at the end the following:
``(3) <<NOTE: President.>> Unless Congress by law authorizes such
action, neither the President nor any person or agency shall on behalf
of the
[[Page 138 STAT. 851]]
United States engage in any voluntary transaction involving the exchange
of Special Drawing Rights that are held by a member country of the Fund,
if the Secretary of State has found that the government of the member
country--
``(A) <<NOTE: Time period.>> has committed genocide at any
time during the 1-year period ending with the date of the
transaction; or
``(B) has repeatedly provided support for acts of
international terrorism.
``(4) The Secretary of the Treasury shall direct the United States
Executive Director at each international financial institution (as
defined in section 1701(c)(2) of the International Financial
Institutions Act) to use the voice and vote of the United States to--
``(A) oppose the provision of financial assistance to any
government with respect to which the Secretary of State has made
a finding described in paragraph (3); and
``(B) seek to ensure that the member countries of the
institution do not engage in voluntary transactions involving
the exchange of Special Drawing Rights held by such a
government.
``(5) <<NOTE: President. Reports.>> Waiver.--The President may
waive paragraphs (3) and (4) on a case-by-case basis if the President
reports to the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the Senate
that the waiver is in the national interest of the United States, and
includes a detailed explanation of the reasons therefor.''.
(b) <<NOTE: Effective date. 22 USC 286q and note.>> Repeal.--
Effective on the date that is 10 years after the date of the enactment
of this Act, paragraphs (3) through (5) of section 6(b) of the Special
Drawing Rights Act, as added by subsection (a) of this section, are
repealed.
(c) Energy Security and IMF Accountability.--
(1) <<NOTE: Expiration date. Loans.>> In general.--The
Secretary of the Treasury may, through December 31, 2031, make
direct loans not to exceed $21,000,000,000 in the aggregate to
the Poverty Reduction and Growth Trust (in this subsection
referred to as the ``PRGT'') of the International Monetary Fund
(in this subsection referred to as the ``IMF''), provided that
funds made available in prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the heading ``Contributions to International Monetary Fund
Facilities and Trust Funds'' shall be available to cover the
cost, as defined in section 502 of the Congressional Budget Act
of 1974, of loans to the PRGT, subject to paragraph (2).
(2) Limitation.--No portion of the funds described under
paragraph (1) may be used for the provision of loans by the
United States to the Resilience and Sustainability Trust (in
this subsection referred to as the ``RST'') of the IMF, or for
the transfer of resources from the PRGT to the RST.
(d) Congressional Notification With Respect to Exceptional Access
Lending.--
(1) In general.--The Bretton Woods Agreements Act (22 U.S.C.
286-286zz) is amended by adding at the end the following:
[[Page 138 STAT. 852]]
``SEC. 74. <<NOTE: Time periods. 22 USC 286aaa.>> CONGRESSIONAL
NOTIFICATION WITH RESPECT TO EXCEPTIONAL
ACCESS LENDING.
``(a) <<NOTE: Reports.>> In General.--The United States Executive
Director at the Fund may not support any proposal that would alter the
criteria used by the Fund for exceptional access lending if the proposal
would permit a country that is ineligible, before the proposed
alteration, to receive exceptional access lending, unless, not later
than 15 days before consideration of the proposal by the Board of
Executive Directors of the Fund, the Secretary of the Treasury has
submitted to the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on the justification for the proposal and the effects of the
proposed alteration on moral hazard and repayment risk at the Fund.
``(b) Waiver.--The Secretary of the Treasury may reduce the
applicable notice period required under subsection (a) to not less than
7 days on reporting to the Committee on Financial Services of the House
of Representatives and Committee on Foreign Relations of the Senate that
the reduction is important to the national interest of the United
States, with an explanation of the reasons therefor.''.
(2) <<NOTE: Effective date. 22 USC 286aaa and note.>>
Repeal.--Effective on the date that is 10 years after the date
of the enactment of this Act, section 74 of the Bretton Woods
Agreements Act, as added by paragraph (1) of this subsection, is
repealed.
(e) New Arrangements to Borrow.--
(1) Extension.--Section 17(a)(6) of the Bretton Woods
Agreements Act (22 U.S.C. 286e-2(a)(6)) is amended by striking
``December 31, 2025'' and inserting ``December 31, 2030''.
(2) <<NOTE: Deadline. Recommenda- tions.>> Strategy.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of the Treasury shall submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate a strategy with
respect to the New Arrangements to Borrow (NAB) of the
International Monetary Fund, including any recommendations to
reduce the resources of the NAB beyond reductions proposed under
the 16th General Review of Quotas, that maintains United States
support for the International Monetary Fund as a quota-based
institution.
extension of certain requirements of the president's emergency plan for
aids relief
Sec. 7072. (a) Inspectors General and Annual Study.--Section 101 of
the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7611) is amended--
(1) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``2023'' and
inserting ``March 25 of fiscal year 2025''; and
(B) in subparagraph (C)(iv)--
(i) by striking ``nine'' and inserting
``eleven''; and
(ii) by striking ``2023'' and inserting
``2025''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``September 30,
2024'' and inserting ``March 25, 2025''; and
(B) in paragraph (2)--
[[Page 138 STAT. 853]]
(i) in the heading, by striking ``2024'' and
inserting ``2025''; and
(ii) by striking ``September 30, 2024'' and
inserting ``March 25, 2025''.
(b) Participation in the Global Fund to Fight AIDS, Tuberculosis,
and Malaria.--Section 202(d) of the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(d)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``2023'' and
inserting ``March 25 of fiscal year 2025''; and
(ii) in clause (ii), by striking ``2023'' and
inserting ``March 25 of fiscal year 2025''; and
(B) in subparagraph (B)(iii), by striking ``2023''
and inserting ``2024 and March 25 of fiscal year 2025'';
and
(2) in paragraph (5), by striking ``2023'' and inserting
``2024 and for fiscal year 2025 through March 25 of such fiscal
year''.
(c) Allocation of Funds.--Section 403 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7673) is amended--
(1) in subsection (b), by striking ``2023'' and inserting
``2024 and fiscal year 2025 through March 25 of such fiscal
year''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2023'' and inserting ``2024 and for fiscal
year 2025 through March 25 of such fiscal year''.
gaza oversight
Sec. 7073. <<NOTE: Reports.>> (a) Certification.--The Secretary of
State shall certify and report to the appropriate congressional
committees not later than 15 days after the date of enactment of this
Act, that--
(1) <<NOTE: Policies. Processes. Procedures.>> oversight
policies, processes, and procedures have been established by the
Department of State and the United States Agency for
International Development, as appropriate, and are in use to
prevent the diversion to Hamas and other terrorist and extremist
entities in Gaza and the misuse or destruction by such entities
of assistance, including through international organizations;
and
(2) such policies, processes, and procedures have been
developed in coordination with other bilateral and multilateral
donors and the Government of Israel, as appropriate.
(b) Oversight Policy and Procedures.--The Secretary of State and the
USAID Administrator shall submit to the appropriate congressional
committees, concurrent with the submission of the certification required
in subsection (a), a written description of the oversight policies,
processes, and procedures for funds appropriated by this Act that are
made available for assistance for Gaza, including specific actions to be
taken should such assistance be diverted, misused, or destroyed, and the
role of the Government of Israel in the oversight of such assistance.
(c) Requirement to Inform.--The Secretary of State and USAID
Administrator shall promptly inform the appropriate congressional
committees of each instance in which funds appropriated by this Act that
are made available for assistance for Gaza have been diverted, misused,
or destroyed, to include the
[[Page 138 STAT. 854]]
type of assistance, a description of the incident and parties involved,
and an explanation of the response of the Department of State or USAID,
as appropriate.
(d) <<NOTE: Consultation.>> Third Party Monitoring.--Funds
appropriated by this Act shall be made available for third party
monitoring of assistance for Gaza, including end use monitoring,
following consultation with the appropriate congressional committees.
(e) <<NOTE: Time period.>> Report.--Not later than 90 days after
the initial obligation of funds appropriated by this Act that are made
available for assistance for Gaza, and every 90 days thereafter until
all such funds are expended, the Secretary of State and the USAID
Administrator shall jointly submit to the appropriate congressional
committees a report detailing the amount and purpose of such assistance
provided during each respective quarter, including a description of the
specific entity implementing such assistance.
(f) <<NOTE: Time period. Termination date. Reports.>> Assessment.--
Not later than 90 days after the date of enactment of this Act and every
90 days thereafter until September 30, 2025, the Secretary of State, in
consultation with the Director of National Intelligence and other heads
of elements of the intelligence community that the Secretary considers
relevant, shall submit to the appropriate congressional committees a
report assessing whether funds appropriated by this Act and made
available for assistance for the West Bank and Gaza have been diverted
to or destroyed by Hamas or other terrorist and extremist entities in
the West Bank and Gaza: Provided, That such report shall include
details on the amount and how such funds were made available and used by
such entities: Provided further, That such report may be submitted in
classified form, if necessary.
(g) <<NOTE: Deadline.>> Consultation.--Not later than 30 days after
the date of enactment of this Act but prior to the initial obligation of
funds made available by this Act for humanitarian assistance for Gaza,
the Secretary of State and USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations on the amount and
anticipated uses of such funds.
other matters
(including rescissions of funds)
Sec. 7074. (a) Funds appropriated or otherwise made available by
this Act for programs to counter foreign propaganda and disinformation,
and for related purposes, may only be made available for the purpose of
countering such efforts by foreign state and non-state actors abroad,
including through programs of the Global Engagement Center established
pursuant to section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (22 U.S.C. 2656 note): Provided, <<NOTE: Reports.>>
That not later than 90 days after enactment of this Act but prior to the
initial obligation of funds made available for the Global Engagement
Center, the Secretary of State shall submit a report to the appropriate
congressional committees detailing the steps taken by the Department of
State to resolve each of the 18 recommendations detailed in the Office
of Inspector General, Department of State, report ``Inspection of the
Global Engagement Center'' (ISP I-22-15).
(b) <<NOTE: Flags.>> None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to fly or
display a
[[Page 138 STAT. 855]]
flag over a facility of the United States Department of State other than
the--
(1) United States flag;
(2) Foreign Service flag pursuant to 2 FAM 154.2-1;
(3) POW/MIA flag;
(4) Hostage and Wrongful Detainee flag, pursuant to section
904 of title 36, United States Code;
(5) flag of a State, insular area, or the District of
Columbia at domestic locations;
(6) flag of an Indian Tribal government;
(7) official branded flag of a United States agency; or
(8) sovereign flag of other countries.
(c) <<NOTE: Transfer authority.>> Funds may be transferred to the
United States Section of the International Boundary and Water
Commission, United States and Mexico, from Federal or non-Federal
entities, to study, design, construct, operate, and maintain treatment
and flood control works and related structures, consistent with the
functions of the United States Section: Provided, That such funds shall
be deposited in an account under the heading ``International Boundary
and Water Commission, United States and Mexico'', to remain available
until expended.
(d) <<NOTE: Time period. Applicability.>> During fiscal year 2024,
section 614(a)(4)(A)(ii) of the Foreign Assistance Act of 1961 (22
U.S.C. 2364(a)(4)(A)(ii)) shall be applied by substituting
``$500,000,000'' for ``$250,000,000''.
(e)(1) <<NOTE: Deadline.>> Of the unobligated balances from amounts
in the Department of the Treasury Forfeiture Fund, established by
section 9705 of title 31, United States Code, $260,000,000 are hereby
permanently rescinded, not later than September 30, 2024.
(2) Of the unobligated balances from amounts made available by
section 104A(m) of Public Law 103-325 (12 U.S.C. 4703a(m)), $50,000,000
are hereby permanently rescinded.
(3) Of the unobligated balances in the ``Nonrecurring Expenses
Fund'' established in section 223 of division G of Public Law 110-161,
$50,000,000 are hereby rescinded not later than September 30, 2024.
rescissions
(including rescissions of funds)
Sec. 7075. (a) Millennium Challenge Corporation.--Of the unobligated
balances from amounts made available under the heading ``Millennium
Challenge Corporation'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
$475,000,000 are rescinded.
(b) Embassy Security, Construction, and Maintenance.--Of the
unobligated balances from amounts made available under the heading
``Embassy Security, Construction, and Maintenance'' from prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, $224,000,000 are rescinded.
(c) International Narcotics Control and Law Enforcement.--Of the
unobligated balances from amounts made available under the heading
``International Narcotics Control and Law Enforcement'' from prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, $50,000,000 are rescinded.
[[Page 138 STAT. 856]]
(d) Economic Support Fund.--Of the unobligated balances from amounts
made available under the heading ``Economic Support Fund'' from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, $152,496,000 are rescinded.
(e) Consular and Border Security Programs.--Of the unobligated
balances available in the ``Consular and Border Security Programs''
account, $902,340,000 are rescinded.
(f) Export-Import Bank.--Of the unobligated balances from amounts
made available under the heading ``Export and Investment Assistance,
Export-Import Bank of the United States, Subsidy Appropriation'' for
tied-aid grants from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $114,130,000 are
rescinded.
(g) Restriction.--No amounts may be rescinded from amounts that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2024''.
DIVISION G--OTHER MATTERS
TITLE I--EXTENSIONS AND OTHER MATTERS
SEC. 101. <<NOTE: Applicability.>> NATIONAL FLOOD INSURANCE
PROGRAM.
(a) <<NOTE: 42 USC 4016 note.>> Financing.--Section 1309(a) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) shall be
applied by substituting ``September 30, 2024'' for ``September 30,
2023''.
(b) <<NOTE: 42 USC 4026 note.>> Program Expiration.--Sections 1319
of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) shall be
applied by substituting ``September 30, 2024'' for ``September 30,
2023''.
(c) <<NOTE: 42 USC 4016 note.>> Retroactive Effective Date.--This
section shall take effect as if enacted on September 30, 2023.
SEC. 102. <<NOTE: Applicability. 8 USC 1182 note.>> RURAL
HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ``September 30, 2024'' for ``September 30, 2015''.
SEC. 103. <<NOTE: Applicability. 8 USC 1324a note.>> E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2024'' for ``September 30, 2015''.
SEC. 104. <<NOTE: Applicability. 8 USC 1101 note.>> NON-MINISTER
RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting ``September
30, 2024'' for ``September 30, 2015'' each place such date appears.
SEC. 105. <<NOTE: Consultation. Determination. Aliens. 8 USC 1184
note.>> H-2B SUPPLEMENTAL VISA EXEMPTION.
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
[[Page 138 STAT. 857]]
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of United States businesses cannot be satisfied during fiscal year 2024
with United States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the total number
of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year by not
more than the highest number of H-2B nonimmigrants who participated in
the H-2B returning worker program in any fiscal year in which returning
workers were exempt from such numerical limitation.
SEC. 106. NATIONAL CYBERSECURITY PROTECTION SYSTEMS.
Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015
(6 U.S.C. 1525(a)) is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2024''.
SEC. 107. PRICE-ANDERSON ACT.
(a) Extension.--Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) (commonly known as the ``Price-Anderson Act'') is amended
by striking ``December 31, 2025'' each place it appears and inserting
``December 31, 2065''.
(b) Liability.--Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) (commonly known as the ``Price-Anderson Act'') is amended--
(1) in subsection d. (5), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''; and
(2) in subsection e. (4), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''.
(c) Report.--Section 170 p. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(p)) (commonly known as the ``Price-Anderson Act'') is
amended by striking ``December 31, 2021'' and inserting ``December 31,
2061''.
(d) Definition of Nuclear Incident.--Section 11 q. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in the second
proviso, by striking ``if such occurrence'' and all that follows through
``United States:'' and inserting a colon.
SEC. 108. PASSENGER SECURITY FEE.
(a) In General.--Section 44940 of title 49, United States Code, is
amended in subsection (i)(4)(G) by striking ``$1,560,000,000'' and
inserting ``$760,000,000''.
(b) <<NOTE: 49 USC 44940 note.>> Application.--This section shall
be applied as if it were in effect on October 1, 2023.
SEC. 109. EXTENSION OF NON-MEDICARE SEQUESTER.
Section 251A(6) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901a(6)) is amended by inserting after
subparagraph (D) the following:
``(E) The sequestration order issued by the President under
subparagraph (D) shall also include, effective upon issuance,
that--
``(i) the percentage reduction for nonexempt direct
spending for the defense function is 4.0 percent; and
``(ii) except as provided in subparagraph (D), the
percentage reduction for nonexempt direct spending for
nondefense functions is 2.8 percent.''.
[[Page 138 STAT. 858]]
TITLE II-- <<NOTE: Udall Foundation Reauthorization Act of 2024.>> UDALL
FOUNDATION REAUTHORIZATION
SEC. 201. <<NOTE: 20 USC 5601 note.>> SHORT TITLE.
This title may be cited as the ``Udall Foundation Reauthorization
Act of 2024''.
SEC. 202. INVESTMENT EARNINGS.
Section 8(b)(1) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5606(b)(1)) is amended by adding at the end
the following: <<NOTE: Effective date.>> ``Beginning on October 1,
2023, and thereafter, interest earned from investments made with any new
appropriations to the Trust Fund shall only be available subject to
appropriations and is authorized to be appropriated to carry out the
provisions of this Act.''.
SEC. 203. REAUTHORIZATION OF THE UDALL FOUNDATION TRUST FUND.
Section 13 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``2023'' and inserting
``2029'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``2023'' and inserting ``2029''; and
(3) in subsection (c), by striking ``5-fiscal year period''
and all that follows through the period at the end and inserting
``5-fiscal year period beginning with fiscal year 2025.''.
SEC. 204. <<NOTE: Deadline.>> AUDIT OF THE FOUNDATION.
Not later than 4 years after the date of enactment of this section,
the Inspector General of the Department of the Interior shall complete
an audit of the Morris K. Udall and Stewart L. Udall Foundation.
TITLE III--FUNDING LIMITATION FOR UNITED NATIONS RELIEF AND WORKS AGENCY
SEC. 301. FUNDING LIMITATION.
Notwithstanding <<NOTE: Time periods.>> any other provision of any
other division of this Act, funds appropriated or otherwise made
available by this Act or other Acts making appropriations for the
Department of State, foreign operations, and related programs, including
provisions of Acts providing supplemental appropriations for the
Department of State, foreign operations, and related programs, may not
be used for a contribution, grant, or other payment to the United
Nations Relief and Works Agency, notwithstanding any other provision of
law--
(1) for any amounts provided in prior fiscal years or in
fiscal year 2024; or
(2) <<NOTE: Termination date.>> for amounts provided in
fiscal year 2025, until March 25, 2025.
[[Page 138 STAT. 859]]
TITLE IV--BUDGETARY EFFECTS
SEC. 401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(d)).
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)), the budgetary effects
of this division shall not be estimated--
(1) for purposes of section 251 of such Act (2 U.S.C. 901);
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974 (2 U.S.C. 633(a)); and
(3) for purposes of section 3(4)(C) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 932(4)(C)) as being included in an
appropriation Act.
(d) <<NOTE: Estimates.>> Exceptions.--Notwithstanding subsection
(c), the budgetary effects of the offsetting collections authorized
under section 44940 of title 49, United States Code, as amended by
section 108 of this division of this Act, that are made available in
division C of this Act shall be estimated for purposes of section 251 of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Approved March 23, 2024.
LEGISLATIVE HISTORY--H.R. 2882 (S. 1311):
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HOUSE REPORTS: No. 118-364, Pt. 1 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Feb. 5, considered and passed House.
Mar. 12, considered and passed Senate, amended.
Mar. 22, House concurred in Senate amendment with an
amendment pursuant to H. Res. 1102. Senate concurred in
House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2024):
Mar. 23, Presidential statement.
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