Pub. L. 118-42
Pub. L. 118-42
Pub. L. 118-42 - Consolidated Appropriations Act, 2024
118th Congress
Affects: 1 U.S.C. §§ 112; 2 U.S.C. §§ 661a, 661, 901a; 5 U.S.C. §§ 2101, 3109, 5304, 5305, 5376, 551-558, 552a, 552, 5546, 5547, 5724, 5738, 5901-5902, 5901, 5902, 601, 7901, 7904, 7905, 8334; 7 U.S.C. §§ 1012, 136w-8, 136w, 138f, 1471, 1506, 1516, 1524, 1622, 1623, 1627a, 1632b, 1635, 1636i, 1721, 1736o-1, 1736o, 1737, 1766, 1901, 1921, 1922, 1924, 1926, 1932, 1936b, 1936c, 1941, 1961, 1989, 1, 2008s, 2009aa, 2011, 2036, 2204g, 2225, 2235a, 2250a, 2250b, 2250, 2257, 2263, 2268a, 2279, 301, 3155, 3157, 3221, 3222, 343, 3501, 428a, 5101-5106, 5921, 5940, 612c-6, 612c, 6923, 6924, 6953, 71, 7626, 7632, 7717, 7751, 7772, 8107a, 8107, 8310, 8316, 8792, 901, 904, 918a, 935, 936, 940c-1, 940c-2, 940g, 950aaa, 950bb-3, 950bb, 950cc; 8 U.S.C. §§ 1183A, 1231, 1601, 1612, 1613, 1641; 10 U.S.C. §§ 101, 1074, 1413, 2164, 2687, 2806, 2814, 2883, 480, 7016, 7727; 11 U.S.C. §§ 507; 12 U.S.C. §§ 1701q, 1701s, 1701z-1, 1701z-2, 1715z-13a, 1715z-13b, 1715z-1, 1715z-20, 1715z-3, 1715z, 1716, 1735c, 1811, 2128, 2249, 3702; 13 U.S.C. §§ 141; 15 U.S.C. §§ 1514, 1831, 18a, 2601, 2625, 278c, 3722a, 3722, 3723, 637, 638, 713a-11, 714i; 16 U.S.C. §§ 1001-1005, 1001, 1007-1009, 1301-1311, 1310, 1331, 1332, 1361, 1461, 1531, 1533, 1535, 1600, 1604, 1643, 1706, 2113a, 2203, 3111, 3150, 3839bb-2, 3841, 3851, 4201, 4261, 431, 4401, 484a, 501, 516-617a, 528, 5301, 532-538, 538, 555a, 558a, 558d, 565a-1, 580d, 590a-f, 6101, 6301, 6601, 6806, 6809, 715s, 7303, 742a, 825s; 18 U.S.C. §§ 1913, 2721, 2725, 3014, 3551, 4013, 922, 924, 925; 19 U.S.C. §§ 4405; 20 U.S.C. §§ 1002, 1003, 1070a, 1070b, 1070, 1087-51, 1400, 1411, 1450, 2301, 4411, 6311, 6331, 7801, 956a; 21 U.S.C. §§ 1031, 113a, 353, 355, 360bbb-4a, 360eee-3, 360ff, 360n, 379dd, 379h, 379j-12, 379j-21, 379j-31, 379j-42, 379j-52, 379j-62, 379j-72, 379j, 381, 384d, 387s, 451, 603; 22 U.S.C. §§ 2455, 2458, 262r, 2680b, 2778, 3927, 401, 4085, 7105; 23 U.S.C. §§ 104, 105, 117, 118, 119, 125, 127, 133, 144, 157, 162, 165, 202, 203, 204, 205, 210, 402, 403, 404, 405, 604, 608; 25 U.S.C. §§ 13, 15, 1613a, 1616a-1, 1616a, 2001-2019, 2008, 2021, 2501, 4101, 4103, 4111, 4116, 4152, 4167, 4212, 4221, 450, 452, 5136, 5324; 26 U.S.C. §§ 9006, 9503; 28 U.S.C. §§ 1914, 2672, 524, 527, 530C, 545, 589a; 29 U.S.C. §§ 3122, 3197, 3271, 792; 30 U.S.C. §§ 1233, 1245, 1257, 1602, 1603, 181, 185, 21a, 29, 30, 35, 36, 37, 3, 42, 641; 31 U.S.C. §§ 1105, 1343, 1344, 1511, 1552, 1553, 3302, 3324, 3328, 3334, 3712, 3718, 6301-6308, 6302, 6303, 6305, 6906, 9104, 9701; 33 U.S.C. §§ 1251, 1254, 1276, 1301, 1302f, 1341, 1377, 1381, 2211, 2238c, 2238, 2701, 4282, 701n; 34 U.S.C. §§ 10101, 10381, 10383, 10384, 10631, 11101, 11291, 12109, 20101, 20127, 30305, 30507, 40901, 50101; 35 U.S.C. §§ ; 36 U.S.C. §§ 2109, 2301-2310; 38 U.S.C. §§ 111, 1701, 1705, 1720F, 1720G, 1724, 1729A, 1730C, 1787, 1920, 1923, 1955, 2044, 2408, 3104, 322, 521A, 5502, 7251, 7298, 7364, 7681, 8103, 8104, 8110, 8111, 8118, 8131, 8137; 39 U.S.C. §§ 2003; 40 U.S.C. §§ 11319, 121, 14101, 14102, 14501, 15101, 15301, 15751, 3306, 521; 41 U.S.C. §§ 3903, 5, 8301-8305; 42 U.S.C. §§ 10363, 10364, 10701, 11302, 11360, 11371, 11381, 11401, 11408, 12721, 12747, 12748, 12771, 12805, 12901, 1315, 1395aaa, 1395a, 1395b-3, 1395f, 1395iii, 1395l, 1395w-4, 1395w, 1395ww, 1396a, 1396b, 1396d, 1396, 1396n, 1396r, 1396w, 1397aa, 1397bb, 1397ee, 1397jj, 1436a, 1437a, 1437d, 1437, 1437f, 1437g, 1437u, 1437v, 1437x, 1437z-6, 1472, 1474, 1484, 1486, 1490c, 1490d, 1490m, 1490p-2, 1490q, 15801, 15907, 16281, 16391, 1751, 1758, 1760, 1761, 1769b-1, 1769, 1769g, 1771, 1773, 1786, 1856d, 1856, 1861, 1863, 1880, 19221, 1975a, 2004a, 201, 2201, 238b, 238, 247d-7e, 247d-7f, 247d, 254b-2, 254b, 254c, 256h, 262, 263b, 2651-2653, 2651, 2996d, 2996f, 300hh-10b, 300hh-10c, 300hh-10d, 300hh-11, 300j-12, 300j-19a, 300j-19b, 300j-19g, 300j-24, 300j-3c, 3056, 3121, 3374, 3535d, 3535, 3545, 3601, 3616a, 4321, 4851b, 4852, 4854a, 4854, 5121, 5155, 5170c, 5170, 5302, 5306, 5308, 5401, 5419, 6201, 6239, 6241, 6247, 6901, 6939f, 6939g, 6961, 701, 7101, 710, 713, 7152, 7256, 7661, 8013, 8101-8107, 9601, 9607, 9611, 9660, 9816, 9831, 9832, 9835, 9902; 43 U.S.C. §§ 1338a, 1340, 1348, 1469, 1735, 1748c, 1752, 2214, 2241, 2605, 315b, 315m, 31, 377, 392a, 395, 397a, 510b; 44 U.S.C. §§ 3703; 46 U.S.C. §§ 46107, 50307, 51318, 53403, 53406, 54101, 54301, 55601; 48 U.S.C. §§ 1661, 1903, 1921a, 1921b, 1921c, 1921d, 1921g, 1921h, 1931; 49 U.S.C. §§ 116, 20102, 20105, 20108, 22905, 22907, 24102, 24305, 24706, 24712, 24905, 24911, 31102, 31103, 31104, 31137, 31313, 327, 332, 40101, 40113, 40118, 41301, 41305, 41731, 41732, 41733, 41742, 41743, 44502, 44706, 44721, 45303, 47102, 47109, 47115, 47117, 5107, 5108, 5116, 5128, 5307, 5309, 5310, 5311, 5312, 5314, 5318, 5329, 5334, 5335, 5337, 5338, 5339, 5340, 5505, 60107, 60141, 60302, 60303, 6702; 50 U.S.C. §§ 3094, 4565, 4801, 98g; 51 U.S.C. §§ 20145, 30102; 52 U.S.C. §§ 10305; 54 U.S.C. §§ 100721, 101122, 101701, 101917, 200303, 200305, 200401, 200402, 302902, 302904, 303102, 306108, 3089
SECTION 1. SHORT TITLE.
This Act may be cited as the “Consolidated Appropriations Act, 2024”.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. DIVISION A— MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 Title I— Department of Defense Title II— Department of Veterans Affairs Title III— Related Agencies Title IV— General Provisions DIVISION B— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 Title I— Agricultural Programs Title II— Farm Production and Conservation Programs Title III— Rural Development Programs Title IV— Domestic Food Programs Title V— Foreign Assistance and Related Programs Title VI— Related Agencies and Food and Drug Administration Title VII— General Provisions DIVISION C— COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 Title I— Department of Commerce Title II— Department of Justice Title III— Science Title IV— Related Agencies Title V— General Provisions DIVISION D— ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 Title I— Corps of Engineers—Civil Title II— Department of the Interior Title III— Department of Energy Title IV— Independent Agencies Title V— General Provisions DIVISION E— DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 Title I— Department of the Interior * See note at the bottom of page 138 Stat. 452A–19. Title II— Environmental Protection Agency Title III— Related Agencies Title IV— General Provisions DIVISION F— TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 Title I— Department of Transportation Title II— Department of Housing and Urban Development Title III— Related Agencies Title IV— General Provisions—This Act DIVISION G— OTHER MATTERS Title I— Health and Human Services Title II— Amending Compacts of Free Association Title III— Extensions and Other Matters Title IV— Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the Senate section of the Congressional Record on or about March 5, 2024, and submitted by the chair of the Committee on Appropriations of the Senate, shall have the same effect with respect to the allocation of funds and implementation of divisions A through F of this Act as if it were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2024.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or repurposed, rescinded, or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 101.
None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.
Sec. 102.
Funds made available in this title for construction shall be available for hire of passenger motor vehicles.
Sec. 103.
Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.
Sec. 104.
None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made.
Sec. 105.
None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest.
Sec. 106.
None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction.
Sec. 107.
None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress.
Sec. 108.
None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.
Sec. 109.
None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation.
Sec. 110.
None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
Sec. 111.
None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms.
Sec. 112.
None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113.
The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000.
Sec. 114.
Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress.
Sec. 115.
For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any.
Sec. 116.
Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law.
Sec. 117.
Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in “Family Housing” accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in “Military Construction” accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities.
Sec. 118.
In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred.
Sec. 119.
Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided,Time periods.Notifications. That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further,Reports. That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year.
Sec. 120.
Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section.
Sec. 121.
During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation “Foreign Currency Fluctuations, Construction, Defense”, to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred.
Sec. 122.
Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of April 2021, as in effect on the date of enactment of this Act.
Sec. 123.
None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery.
Sec. 124.
For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2028: “Military Construction, Army”, $8,214,000; “Military Construction, Navy and Marine Corps”, $182,150,000; “Military Construction, Air Force”, $166,300,000; “Military Construction, Defense-Wide”, $62,400,000; “Military Construction, Army National Guard”, $66,815,000; “Military Construction, Air National Guard”, $5,200,000; and “Military Construction, Army Reserve”, $23,000,000: Provided, That such funds may only be obligated to carry out construction and cost to complete projects identified in the respective military department’s unfunded priority list for fiscal year 2024 submitted to Congress: Provided further, That such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further,Deadline.Expenditure plan. That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 125.
All amounts appropriated to the “Department of Defense—Military Construction, Army”, “Department of Defense—Military Construction, Navy and Marine Corps”, “Department of Defense—Military Construction, Air Force”, and “Department of Defense—Military Construction, Defense-Wide” accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2024 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects.
Sec. 126.
Notwithstanding section 116 of this Act, funds made available in this Act or any available unobligated balances from prior appropriations Acts may be obligated before October 1, 2025 for fiscal year 2017, 2018, and 2019 military construction projects for which project authorization has not lapsed or for which authorization is extended for fiscal year 2024 by a National Defense Authorization Act: Provided, That no amounts may be obligated pursuant to this section from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 127.
For the purposes of this Act, the term “congressional defense committees” means the Committees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.
Sec. 128.
For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military installation resilience, to remain available until September 30, 2028: “Military Construction, Army”, $15,000,000; “Military Construction, Navy and Marine Corps”, $7,500,000; and “Military Construction, Air Force”, $7,500,000: Provided,Deadline.Expenditure plan. That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 129.
For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction for construction improvements to Department of Defense laboratory facilities, to remain available until September 30, 2028: “Military Construction, Army”, $10,000,000; “Military Construction, Navy and Marine Corps”, $10,000,000; and “Military Construction, Air Force”, $10,000,000: Provided,Deadline.Expenditure plan. That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 130.
For an additional amount for “Military Construction, Air Force”, $150,000,000, to remain available until September 30, 2028, for expenses incurred as a result of natural disasters: Provided, Deadline.Expenditure plan.That not later than 60 days after the date of enactment of this Act, the Secretary of the Air Force, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 131.
For an additional amount for the accounts and in the amounts specified for planning and design for child development centers, to remain available until September 30, 2028: “Military Construction, Army”, $15,000,000; “Military Construction, Navy and Marine Corps”, $15,000,000; and “Military Construction, Air Force”, $15,000,000: Provided, Deadline.Expenditure plan.That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations 138 STAT. 37 of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 132.
For an additional amount for the accounts and in the amounts specified for planning and design, for barracks, to remain available until September 30, 2028: “Military Construction, Army”, $15,000,000; “Military Construction, Navy and Marine Corps”, $15,000,000; and “Military Construction, Air Force”, $15,000,000: Provided, Deadline.Expenditure plan.That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 133.
For an additional amount for “Military Construction, Air Force”, $16,000,000, to remain available until September 30, 2028, for cost increases identified subsequent to the fiscal year 2024 budget request for authorized major construction projects: Provided,Deadline.Expenditure plan. That not later than 60 days after enactment of this Act, the Secretary of the Air Force, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 134.
For an additional amount for the accounts and in the amounts specified for unspecified minor construction for demolition, to remain available until September 30, 2028: “Military Construction, Army”, $15,000,000; “Military Construction, Navy and Marine Corps”, $15,000,000; and “Military Construction, Air Force”, $15,000,000: Provided,Deadline.Expenditure plan. That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, Approvals.That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section.
Sec. 135.
Of the proceeds credited to the Department of Defense Family Housing Improvement Fund pursuant to subsection (c)(1)(D) of section 2883 of title 10, United States Code, pursuant to a Department of Navy investment, the Secretary of Defense shall transfer $19,000,000 to the Secretary of the Navy under paragraph (3) of subsection (d) of such section for use by the Secretary of the Navy as provided in paragraph (1) of such subsection until expended.
Sec. 136.
For an additional amount for “Military Construction, Defense-Wide”, $37,100,000, to remain available until September 30, 2028: Provided, That such funds may only be obligated to carry out construction projects specified in a National Defense Authorization Act for fiscal year 2024 in the funding table in section 4601 of that Act: Provided further, Deadline.Expenditure plan.That not later than 30 days after enactment of this Act, the Secretary of Defense, or their designee, shall submit to the Committees on Appropriations 138 STAT. 38 of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 137.
For an additional amount for “Military Construction, Air National Guard”, $83,000,000, to remain available until September 30, 2028, for planning and design and authorized major construction projects at future foreign military training sites: Provided,Deadline.Expenditure plan. That not later than 60 days after enactment of this Act, the Secretary of the Air Force, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.
Sec. 138.
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, Guantánamo Bay, Cuba.Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 201.
Any appropriation for fiscal year 2024 for “Compensation and Pensions”, “Readjustment Benefits”, and “Veterans Insurance and Indemnities” may be transferred as necessary to any other of the mentioned appropriations: Provided, Approval.Time period.That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.
Sec. 202.
Amounts made available for the Department of Veterans Affairs for fiscal year 2024, in this or any other Act, under the “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities” accounts may be transferred among the accounts: Provided, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the “Medical Facilities” account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.
Sec. 203.
Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204.
No appropriations in this title (except the appropriations for “Construction, Major Projects”, and “Construction, Minor Projects”) shall be available for the purchase of any site for or toward the construction of any new hospital or home.
Sec. 205.
No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made to the “Medical Services” account at such rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 206.
Appropriations available in this title for “Compensation and Pensions”, “Readjustment Benefits”, and “Veterans Insurance and Indemnities” shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2023.
Sec. 207.
Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from “Compensation and Pensions”.
Sec. 208.
Notwithstanding any other provision of law, during fiscal year 2024, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans’ Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the “General Operating Expenses, Veterans Benefits Administration” and “Information Technology Systems” accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2024 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further, Determination.That the Secretary shall determine the cost of administration for fiscal year 2024 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program.
Sec. 209.
Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services shall be available until expended.
Sec. 210.
Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within the Office of Human Resources and Administration for all services provided at rates which will recover actual costs but not to exceed $145,408,000 for the Office of Resolution Management, Diversity and Inclusion, $6,960,000 for the Office of Employment Discrimination Complaint Adjudication, and $7,772,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Administration: Provided, Cost estimates.That payments may be made in advance for services to be furnished based on estimated costs: Provided further, That amounts received shall be credited to the “General Administration” and “Information Technology Systems” accounts for use by the office that provided the service: Provided further, That the amounts made available for the Office of Resolution Management, Diversity and Inclusion under this section may be used for implementation of section 402 of division U of the Consolidated Appropriations Act, 2023 (Public Law 117–328) and the amendments made by such section 402.
Sec. 211.
No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received.
Sec. 212.
Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the “Construction, Major Projects” and “Construction, Minor Projects” accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in “Construction, Major Projects” and “Construction, Minor Projects”.
Sec. 213.
Amounts made available under “Medical Services” are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department.
Sec. 214.
Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to the “Medical Services” and “Medical Community Care” accounts to remain available until expended for the purposes of these accounts.
Sec. 215.
The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian Tribes and Tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. Requirements.Compliance.The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. Definition.The term “rural Alaska” shall mean those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.
Sec. 216.
Such sums as may be deposited into the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the “Construction, Major Projects” and “Construction, Minor Projects” accounts, to remain available until expended for the purposes of these accounts.
Sec. 217.
Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on the financial status of the Department of Veterans Affairs for the preceding quarter: Provided, That, at a minimum, the report shall include the direction contained in the paragraph entitled “Quarterly reporting”, under the heading “General Administration” in the joint explanatory statement accompanying Public Law 114–223.
Sec. 218.
Amounts made available under the “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, “Medical Facilities”, “General Operating Expenses, Veterans Benefits Administration”, “Board of Veterans Appeals”, “General Administration”, and “National Cemetery Administration” accounts for fiscal year 2024 may be transferred to or from the “Information Technology Systems” account: Provided, That such transfers may not result in a more than 10 percent aggregate increase in the total amount made available by this Act for the “Information Technology Systems” account: Provided further, Approvals.That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.
Sec. 219.
Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2024 for “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, “Medical Facilities”, “Construction, Minor Projects”, and “Information Technology Systems”, up to $430,532,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, Notification.That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress: Provided further, That sectionRepeal.136 Stat. 4961. 220 of title II of division J of Public Law 117–328 is repealed.
Sec. 220.
Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2024, for “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities”, up to $456,547,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, Notification.That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress.
Sec. 221.
Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), amounts transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended.
Sec. 222.
Of the amounts available in this title for “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities”, a minimum of $15,000,000 shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.
Sec. 223.
None of the funds available to the Department of Veterans Affairs, in this or any other Act, may be used to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.
Sec. 224.
The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided, That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings.
Sec. 225.
None of the funds made available for “Construction, Major Projects” may be used for a project in excess of the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations unless the Secretary of Veterans Affairs receives approval from the Committees on Appropriations of both Houses of Congress.
Sec. 226.
Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided, That, at a minimum, the report shall include the direction contained in the section entitled “Disability claims backlog”, under the heading “General Operating Expenses, Veterans Benefits Administration” in the joint explanatory statement accompanying Public Law 114–223: Provided further, Time period.That the report shall also include information on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis.
Sec. 227.
The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another.
Sec. 228.
The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000.
Sec. 229.
The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the “Medical Services” account any discretionary appropriations made available for fiscal year 2024 in this title (except appropriations made to the “General Operating Expenses, Veterans Benefits Administration” account) or any discretionary unobligated balances within the Department of Veterans Affairs, including those appropriated for fiscal year 2024, that were provided in advance by appropriations Acts: Provided, That transfers Approval.shall be made only with the approval of the Office of Management and Budget: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further, That no amounts may be transferred from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such authority to transfer may not be used unless for higher priority items, based on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further, That, upon determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the same purposes as originally appropriated: ProvidedApprovals. further, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request.
Sec. 230.
Amounts made available for the Department of Veterans Affairs for fiscal year 2024, under the “Board of Veterans Appeals” and the “General Operating Expenses, Veterans Benefits Administration” accounts may be transferred between such accounts: Provided, That Approvals.before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request.
Sec. 231.
The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress.
Sec. 232.
(a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code—
(a)(1) provides to individuals who contact the hotline immediate assistance from a trained professional; and
(a)(2) adheres to all requirements of the American Association of Suicidology.
(b)(1) None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a).
(b)(2) Definitions.In this subsection—
(b)(2)(A) the term “civil service” has the meaning given such term in section 2101(1) of title 5, United States Code; and
(b)(2)(B) the term “Executive action” includes—
(b)(2)(B)(i) any Executive order, Presidential memorandum, or other action by the President; and
(b)(2)(B)(ii) any agency policy, order, or other directive.
(c)(1) Study.Time period.Analysis.Data.The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline.
(c)(2) At a minimum, the study required by paragraph (1) shall—
(c)(2)(A) determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter;
(c)(2)(B) determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and
(c)(2)(C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide.
Sec. 233.
Effective during the period beginning on October 1, 2018, and ending on January 1, 2025, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the “Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance” published on May 10, 2017, as issued by the Veterans Health Administration National Center for Health Promotion and Disease Prevention.
Sec. 234.
(a) Notwithstanding any other provision of law, the amounts appropriated or otherwise made available to the Department of Veterans Affairs for the “Medical Services” account may be used to provide—
(a)(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or
(a)(2) adoption reimbursement to a covered veteran.
(b) Definitions.In this section:
(b)(1) The term “service-connected” has the meaning given such term in section 101 of title 38, United States Code.
(b)(2) The term “covered veteran” means a veteran, as such term is defined in section 101 of title 38, United States Code, who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.
(b)(3) The term “assisted reproductive technology” means benefits relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, United States Code, as described in the memorandum on the subject of “Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members” issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such policy, including any limitations on the amount of such benefits available to such a member except that—
(b)(3)(A) the time periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and
(b)(3)(B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.
(b)(4) The term “adoption reimbursement” means reimbursement for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds contained in section 508 of division H of the Consolidated Appropriations Act, 2018 (Public Law 115–141).
Sec. 235.
None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code.
Sec. 236.
Section 842 of Public Law 109–115 shall not apply to conversion of an activity or function of the Veterans Health Administration, Veterans Benefits Administration, or National Cemetery Administration to contractor performance by a business concern that is at least 51 percent owned by one or more Indian Tribes as defined in section 5304(e) of title 25, United States Code, or one or more Native Hawaiian Organizations as defined in section 637(a)(15) of title 15, United States Code.
Sec. 237.
(a) Discontinuation.Deadline.38 USC noteprec. 5701.The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue collecting and using Social Security account numbers to authenticate individuals in all information systems of the Department of Veterans Affairs for all individuals not later than September 30, 2024.
(b) The Secretary of Veterans Affairs may collect and use a Social Security account number to identify an individual, in accordance with section 552a of title 5, United States Code, in an information system of the Department of Veterans Affairs if and only if the use of such number is necessary to:
(b)(1) obtain or provide information the Secretary requires from an information system that is not under the jurisdiction of the Secretary;
(b)(2) comply with a law, regulation, or court order;
(b)(3) perform anti-fraud activities; or
(b)(4) identify a specific individual where no adequate substitute is available.
(c) The matter in subsections (a) and (b) shall supersede section 237 of division J of Public Law 117–328.
Sec. 238.
For funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and 2025 for “Medical Services”, section 239 of division A of Public Law 114–223 shall apply.
Sec. 239.
None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs.
Sec. 240.
Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and fiscal year 2025 for “Medical Services”, funds may be used in each year to carry out and expand the child care program authorized by section 205 of Public Law 111–163, notwithstanding subsection (e) of such section.
Sec. 241.
None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.
Sec. 242.
For funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and 2025, section 258 of division A of Public Law 114–223 shall apply.
Sec. 243.
(a) None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement.
Sec. 244.
None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs.
Sec. 245.
None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2024 to convert any program which received specific purpose funds in fiscal year 2023 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees.
Sec. 246.
For funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and 2025, section 248 of division A of Public Law 114–223 shall apply.
Sec. 247.
(a) None of the funds appropriated or otherwise made available by this Act may be used to conduct research commencing on or after the date of enactment of this Act, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b).
(b)(1) Certification.The Secretary of Veterans Affairs may approve the conduct of research commencing on or after the date of enactment of this Act, using canines, felines, or non-human primates if the Secretary certifies that—
(b)(1)(A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates and cannot be met using other animal models, in vitro models, computational models, human clinical studies, or other research alternatives;
(b)(1)(B) such scientific objectives are necessary to advance research benefiting veterans and are directly related to an illness or injury that is combat-related as defined by 10 U.S.C. 1413(e);
(b)(1)(C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document; and
(b)(1)(D) ethical considerations regarding minimizing the harm experienced by canines, felines, or non-human primates are included in evaluating the scientific necessity of the research.
(b)(2) The Secretary may not delegate the authority under this subsection.
(c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing—
(c)(1) the nature of the research to be conducted using canines, felines, or non-human primates;
(c)(2) the date on which the Secretary approved the research;
(c)(3) the USDA pain category on the approved use;
(c)(4) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates, and methods used to make such determination;
(c)(5) the frequency and duration of such research; and
(c)(6) the protocols in place to ensure the necessity, safety, and efficacy of the research, and animal welfare.
(d) Not later than 180 days after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to such Committees a report describing—
(d)(1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report;
(d)(2) the circumstances under which such research was conducted using canines, felines, or non-human primates;
(d)(3) the justification for using canines, felines, or non-human primates to conduct such research;
(d)(4) the protocols in place to ensure the necessity, safety, and efficacy of such research; and
(d)(5) the development and adoption of alternatives to canines, felines, or non-human primate research.
(e) Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Department of Veterans Affairs must submit to voluntary U.S. Department of Agriculture inspections of canine, feline, and non-human primate research facilities.
(f) Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to such Committees a report describing —
(f)(1) any violations of the Animal Welfare Act, the Public Health Service Policy on Humane Care and Use of Laboratory Animals, or other Department of Veterans Affairs policies related to oversight of animal research found during that quarter in VA research facilities;
(f)(2) immediate corrective actions taken; and
(f)(3) specific actions taken to prevent their recurrence.
(g) Plan.Deadline.The Department shall implement a plan under which the Secretary will eliminate the research conducted using canines, felines, or non-human primates by not later than 2 years after the date of enactment of this Act.
Sec. 248.
(a) The Secretary of Veterans Affairs may use amounts appropriated or otherwise made available in this title to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter 31 of title 38, United States Code, does not exceed 125 veterans to one full-time employment equivalent.
(b) Reports.Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 of title 38, United States Code, including—
(b)(1) an assessment of the veteran-to-staff ratio for each such program; and
(b)(2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each such program.
Sec. 249.
Amounts made available for the “Veterans Health Administration, Medical Community Care” account in this or any other Act for fiscal years 2024 and 2025 may be used for expenses that would otherwise be payable from the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act, as amended (38 U.S.C. 1701 note).
Sec. 250.
Obligations and expenditures applicable to the “Medical Services” account in fiscal years 2017 through 2019 for aid to state homes (as authorized by section 1741 of title 38, United States Code) shall remain in the “Medical Community Care” account for such fiscal years.
Sec. 251.
Of the amounts made available for the Department of Veterans Affairs for fiscal year 2024, in this or any other Act, under the “Veterans Health Administration—Medical Services”, “Veterans Health Administration—Medical Community Care”, “Veterans Health Administration—Medical Support and Compliance”, and “Veterans Health Administration—Medical Facilities” accounts, $990,446,000 shall be made available for gender-specific care and programmatic efforts to deliver care for women veterans.
Sec. 252.
Of the unobligated balances available in fiscal year 2024 in the “Recurring Expenses Transformational Fund” established in section 243 of division J of Public Law 114–113, and in addition to any funds otherwise made available for such purposes in this, prior, or subsequent fiscal years, $646,000,000 shall be available for constructing, altering, extending, and improving medical facilities of the Veterans Health Administration, including all supporting activities and required contingencies, during the period of availability of the Fund: Provided, Execution plan.Approval.Time period.That prior to obligation of any of the funds provided in this section, the Secretary of Veterans Affairs must provide a plan for the execution of the funds appropriated in this section to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.
Sec. 253.
Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of section 8006 of the American Rescue Plan of 2021 (Public Law 117–2): Provided, Update.Expenditure plan.That, at a minimum, the report shall include an update on obligations by program, project or activity and a plan for expending the remaining funds.
Sec. 254.
Not later than 30 days after enactment of this Act, the Secretary shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds made available through the Fiscal Responsibility Act of 2023 (Public Law 118–5) for the Cost of War Toxic Exposures Fund for fiscal year 2024: Provided, That the budget resource categories supporting the Veterans Health Administration shall be reported by the subcategories “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical and Prosthetic Research”: Provided further, Reports.Update.That not later than 30 days after the end of each fiscal quarter, the Secretary shall submit a quarterly report on the status of the funds, including, at a minimum, an update on obligations by program, project or activity.
Sec. 255.
Any amounts transferred to the Secretary and administered by a corporation referred to in section 7364(b) of title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with the Department of Veterans Affairs pursuant to section 1535 of title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to remain available for the liquidation of valid obligations incurred by such corporation during the period of performance of such order, provided that the Secretary of Veterans Affairs determines that such amounts need to remain available for such liquidation.
Sec. 256. (rescission of funds)
Of the unobligated balances from amounts made available under the heading “Departmental Administration—Veterans Electronic Health Record” in division J of the Consolidated Appropriations Act, 2023 (Public Law 117–328), $460,005,000 is hereby rescinded.
Sec. 257.
None of the funds in this or any other Act may be used to close Department of Veterans Affairs hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to diminish healthcare services at existing Veterans Health Administration medical facilities as part of a planned realignment of services until the Secretary provides to the Committees on Appropriations of both Houses of Congress a report including an analysis of how any such planned realignment of services will impact access to care for veterans living in rural or highly rural areas, including travel distances and transportation costs to access a Department medical facility and availability of local specialty and primary care.
Sec. 258.
Unobligated balances available under the headings “Construction, Major Projects” and “Construction, Minor Projects” may be obligated by the Secretary of Veterans Affairs for a facility pursuant to section 2(e)(1) of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 (Public Law 114–294; 38 U.S.C. 8103 note), as amended, to provide additional funds or to fund an escalation clause under such section of such Act: Provided, That Obligation request.Approvals.Time period.before such unobligated balances are obligated pursuant to this section, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to obligate such unobligated balances and such Committees issue an approval, or absent a response, a period of 30 days has elapsed: Provided further, That the requestNotice. to obligate such unobligated balances must provide Congress notice that the entity described in section 2(a)(2) of Public Law 114–294, as amended, has exhausted available cost containment approaches as set forth in the agreement under section 2(c) of such Public Law.
Sec. 259.
Of the unobligated balances from amounts made available under the heading “Veterans Health Administration” from prior appropriations Acts, including any funds transferred from the Medical Care Collections Fund to accounts under such heading, $1,951,750,000 is hereby rescinded: Provided, That no amounts may be rescinded from amounts that were provided under the heading “Medical and Prosthetic Research” or amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Rescission plan.Deadline.further, That the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a plan for rescinding amounts required by this section no later than 30 days after enactment of this Act.
Sec. 260.
Of the unobligated balances from amounts made available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the following accounts in the amounts specified: “General Operating Expenses, Veterans Benefits Administration”, $30,000,000; “General Administration”, $5,000,000; “Board of Veterans Appeals”, $15,000,000; “Information Technology Systems”, $15,000,000; and “Construction, Major Projects”, $80,218,560: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 261. (including transfer and rescission of funds)
Amounts provided to the Department of Veterans Affairs under the heading “Departmental Administration—Construction, Major Projects” in title II of division F of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) that were transferred to the U.S. Army Corps of Engineers (Corps) pursuant to an interagency agreement for the major construction project in Alameda, CA, and that remain unobligated at the Corps, shall be immediately transferred back to the Department of Veterans Affairs and permanently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded shall be appropriated, to remain available until September 30, 2028, for the same purposes and under the same authorities for which such amounts were originally provided under such heading in such Act, in addition to amounts otherwise available for such purposes. Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 301.
Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries. Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 401.
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 402.
None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates.
Sec. 403.
All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of “E-Commerce” technologies and procedures in the conduct of their business practices and public service activities.
Sec. 404.
Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate.
Sec. 405.
None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act.
Sec. 406.
None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives.
Sec. 407.
(a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(b)(1) the public posting of the report compromises national security; or
(b)(2) the report contains confidential or proprietary information.
(c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.
Sec. 408.
(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 409.
None of the funds made available in this Act may be used by an agency of the executive branch to pay for first- class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
Sec. 410.
None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989.
Sec. 411.
None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 412.
(a) None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantánamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo 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, Guantánamo Bay, Cuba, and who—
(c)(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(c)(2) is—
(c)(2)(A) in the custody or under the effective control of the Department of Defense; or
(c)(2)(B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.
Sec. 413.
None of the funds made available by this Act may be used by the Secretary of Veterans Affairs under section 5502 of title 38, United States Code, in any case arising out of the administration by the Secretary of laws and benefits under such title, to report a person who is deemed mentally incapacitated, mentally incompetent, or to be experiencing an extended loss of consciousness as a person who has been adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.
Sec. 701.
The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2024 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided, Determination.That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety: Provided further, Notification.Approval.Deadline.That the Secretary may not increase the Department of Agriculture’s fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification.
Sec. 702.
Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of property, plant and equipment and for the improvement, delivery, and implementation of Department financial, and administrative information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none Advance approval.of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, Notification.Advance approval.That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That Notification.Advance approval.none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further, That none Notification.Advance approval.of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co-located with or from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National Finance Center Information Technology Services Division personnel and data center management responsibilities, and control of any 138 STAT. 102 functions, missions, and systems for current and future human resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer and the Chief Information Officer shall remain in the National Finance Center and under the management responsibility and administrative control of the National Finance Center: Provided further, That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none ofNotification. the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That Determination.the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center.
Sec. 703.
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 704.
No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act.
Sec. 705.
Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account.
Sec. 706.
None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Notification. Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113–235.
Sec. 707.
Funds made available under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year.
Sec. 708.
Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act.
Sec. 709.
Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2025, for information technology expenses.
Sec. 710.
None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
Sec. 711.
In the case of each program established or amended by the Agricultural Act of 2014 (Public Law 113–79) or by a successor to that Act, other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation—
(1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section.
Sec. 712.
Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants.
Sec. 713.
(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 714.
Notwithstanding subsection (b) of section 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to as “section 14222”), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to as “section 32”) in excess of $1,574,028,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities—$485,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$1,660,000; Administration of section 32 Commodity Purchases—$37,178,000: Provided, Notification.Time period.That, of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2024, such unobligated balances shall carryover into fiscal year 2025 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further, That, with the exception of any available carryover funds authorized in any prior appropriations Act to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32.
Sec. 715.
None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President’s budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2024 appropriations Act.
Sec. 716.
(a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(a)(1) creates new programs;
(a)(2) eliminates a program, project, or activity;
(a)(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;
(a)(4) relocates an office or employees;
(a)(5) reorganizes offices, programs, or activities; or
(a)(6) contracts out or privatizes any functions or activities presently performed by Federal employees;
(a) unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that—
(b)(1) augments existing programs, projects, or activities;
(b)(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
(b)(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;
(b) unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for—
(d)(1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less;
(d)(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or
(d)(3) carrying out activities or functions that were not described in the budget request;
(d) unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes.
(e) Confirmation.As described in this section, no funds may be used for any activities unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section.
Sec. 717.
Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan.
Sec. 718.
None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures Trading Commission, or non-Farm Credit Administration employee.
Sec. 719.
Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.
Sec. 720.
No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.
Sec. 721.
Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, the Chairman of the Commodity Futures Trading Commission, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Sec. 722.
None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution.
Sec. 723.
For the purposes of determining eligibility or level of program assistance for Rural Housing Service programs the Secretary shall not include incarcerated prison populations.
Sec. 724.
For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That Notification.Time period.prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance.
Sec. 725.
None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of property, plant and equipment, including equipment for the improvement, delivery, and implementation of Departmental financial management, information technology, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture.
Sec. 726.
None of the funds made available by this Act may be used to implement, administer, or enforce the “variety” requirements of the final rule entitled “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)” published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term “variety” as defined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and “variety” as applied in the definition of the term “staple food” as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, ThatApplicability.Effective date. until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113–79).
Sec. 727.
In carrying out subsection (h) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under such section 538 and eligible lenders for such loans.
Sec. 728.
None of the funds appropriated or otherwise made available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act.
Sec. 729.
Of the unobligated balances from prior year appropriations made available for the Broadband Treasury Rate Loan program, authorized in section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb), $7,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 730.
Notwithstanding any provision of law that regulates the calculation and payment of overtime and holiday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for the cost of inspection services provided outside of an establishment’s approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged pursuant to this paragraph shall be deemed as overtime pay or holiday pay under section 1001(d) of the American Rescue Plan Act of 2021 (Public Law 117–2, 135 Stat. 242): Provided further, That sums received by the Secretary under this paragraph shall, in addition to other available funds, remain available until expended to the Secretary without further appropriation for the purpose of funding all costs associated with FSIS inspections.
Sec. 731.
(a) The Secretary of Agriculture shall—
(a)(1) Audits.Evaluations.conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable—
(a)(1)(A) veterinary control and oversight;
(a)(1)(B) disease history and vaccination practices;
(a)(1)(C) livestock demographics and traceability;
(a)(1)(D) epidemiological separation from potential sources of infection;
(a)(1)(E) surveillance practices;
(a)(1)(F) diagnostic laboratory capabilities; and
(a)(1)(G) emergency preparedness and response; and
(a)(2) Public information.Reports.promptly make publicly available the final reports of any audits or reviews conducted pursuant to paragraph (1).
(b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements.
Sec. 732.
Of the unobligated balances from prior year appropriations made available for the rural housing voucher program authorized by section 542 of the Housing Act of 1949, (42 U.S.C. 1471 et seq.), as amended, $35,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.138 STAT. 109
Sec. 733.
Of the unobligated balances from prior year appropriations made available under the heading “Rural Cooperative Development Grants” for Agriculture Innovation Centers authorized by section 6402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b), as amended, $7,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 734.
(a)(1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States.
(a)(2) Definition.In this section, the term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the “Secretary”) or the designee of the Secretary finds that—
(b)(1) applying subsection (a) would be inconsistent with the public interest;
(b)(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(b)(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
(c) Waiver request.Public information.Records.Time period.If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Web posting.Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.
(d) Applicability.This section shall be applied in a manner consistent with United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for “Rural Utilities Service—Rural Water and Waste Disposal Program Account” for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act.
(g) Definition.For purposes of this section, the terms “United States” and “State” shall include each of the several States, the District of Columbia, and each Federally recognized Indian Tribe.
Sec. 735.
None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
Sec. 736.
Of the total amounts made available by this Act for direct loans and grants under the following headings: “Rural Housing Service—Rural Housing Insurance Fund Program Account”; “Rural Housing Service—Mutual and Self-Help Housing Grants”; “Rural Housing Service—Rural Housing Assistance Grants”; “Rural Housing Service—Rural Community Facilities Program Account”; “Rural Business-Cooperative Service—Rural Business Program Account”; “Rural Business-Cooperative Service—Rural Economic Development Loans Program Account”; “Rural Business-Cooperative Service—Rural Cooperative Development Grants”; “Rural Business-Cooperative Service—Rural Microentrepreneur Assistance Program”; “Rural Utilities Service—Rural Water and Waste Disposal Program Account”; “Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account”; and “Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program”, to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided, Definition.That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided further, That withApplicability. respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level.
Sec. 737.
None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect.
Sec. 738.
None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption”, and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.
Sec. 739.
For school years 2023–2024 and 2024–2025, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 740.
None of the funds made available by this Act or any other Act may be used—
(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 or subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated.
Sec. 741.
The Secretary of Agriculture may waive the matching funds requirement under section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 742.
The Secretary, as part of the report on foreign landholding required under the Agricultural Foreign Investment Disclosure Act (Public Law 95–460), shall report to Congress on foreign investments in agricultural land in the United States, including the impact foreign ownership has on family farms, rural communities, and the domestic food supply: Provided, Deadline.Process.Data.That within 2 years after the enactment of this Act, the Secretary shall establish a streamlined process for electronic submission and retention of disclosures made under the Agricultural Foreign Investment Disclosure Act, including an internet database that contains disaggregated data from each disclosure submitted: Provided further,Publication.Plan.Process.Confidentiality.That all prior year disclosures of foreign investments in agricultural land in the United States are published in the database: Provided further, That the plan includes a process to ensure the protection of personally identifiable information and that all disclosures of foreign investments in agricultural land on the USDA website be disaggregated by: (1) in any case in which such foreign person is an individual, the citizenship of such foreign person; and (2) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person.
Sec. 743.
There is hereby appropriated $1,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non-profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of time as determined by the Secretary.
Sec. 744.
Of the unobligated balances from prior year appropriations made available under the heading “Rural Housing Assistance Grants” for housing repair grants authorized by section 504 of the Housing Act of 1949 (42 U.S.C. 1474), as amended, $28,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 745.
(a) After the effective date of any final rule the Food and Drug Administration (FDA) publishes in connection with its proposed rule to update these requirements (87 Federal Register 59168, issued on September 29, 2022), manufacturers may also continue to comply with the previous requirements promulgated by the FDA for the implied nutrient content claim “healthy” through the “compliance date” FDA provides in the final rule.
(b) Any food product manufactured and labeled as “healthy” during the compliance period FDA provides in that final rule shall not be directly or indirectly subject to any state-law requirements that are not identical to either (i) the Federal requirements for the implied nutrition content claim “healthy” that were in effect as of the date FDA issues the final rule, or (ii) the updated Federal requirements that FDA promulgates in the final rule, assuming the updated requirements go into effect during the regulatory compliance period.
Sec. 746.
Funds made available under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.
Sec. 747.
None of the funds made available by this Act may be used to procure raw or processed poultry products or seafood imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Care Food Program under section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program for Children under section 13 of such Act (42 U.S.C. 1761), or the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
Sec. 748.
For school year 2024–2025, only a school food authority that had a negative balance in the nonprofit school food service account as of June 30, 2023, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)).
Sec. 749.
Any funds made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be available for grants for biotechnology risk assessment research: Provided, That the Secretary may transfer such funds among appropriations of the Department of Agriculture for purposes of making such grants.
Sec. 750.
Notwithstanding any other provision of law, no funds available to the Department of Agriculture may be used to move any staff office or any agency from the mission area in which it was located on August 1, 2018, to any other mission area or office within the Department in the absence of the enactment of specific legislation affirming such move.
Sec. 751.
The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act or any other Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emergency Watershed Protection Program carried out pursuant to section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to provide technical services for such programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding subsection (c) of such section.
Sec. 752.
In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are “Areas Rural in Character”: Provided, That not more than 10 percent of the funds made available under the heading “Distance Learning, Telemedicine, and Broadband Program” for the purposes of the pilot program established by section 779 of Public Law 115–141 may be used for this purpose.
Sec. 753.
In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is appropriated $2,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
Sec. 754.
Out of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2024, and following the review required under Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory planning and review), issue advice revising the advice provided in the notice of availability entitled “Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability” (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with nutrition science recognized by the Food and Drug Administration on the net effects of seafood consumption.
Sec. 755.
In addition to amounts otherwise made available, there is hereby appropriated $3,000,000, to remain available until expended, for the Meat and Poultry Processing Expansion Program established pursuant to section 1001(b)(4) of the American Rescue Plan Act of 2021 (Public Law 117–2) to award grants to processors of invasive, wild-caught catfish.
Sec. 756.
The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2024, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones, excluding the funding provided through any Community Project Funding/Congressionally Directed Spending.
Sec. 757.
In this fiscal year and each fiscal year thereafter, and notwithstanding any other provision of law, none of the funds made available by this or any other Act may be used to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act.
Sec. 758.
(a) For an additional amount for the Office of the Secretary, $2,000,000, to remain available until expended, for the Secretary of Agriculture to carry out no more than 10 pilot projects, under the terms and conditions determined by the Secretary for a period not to exceed 2 years, that award grants to an Indian tribe; a tribal organization approved by an Indian tribe; a tribal educational agency; a consortium of Indian tribes; or a partnership between an Indian tribe and either a State educational agency, a local educational agency, a tribal educational agency, or the Bureau of Indian Education to operate and implement the school lunch program as authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1769), the summer food service program as established under section 13 of the Richard B. Russell National School Lunch Act, the child and adult care food program as established by section 17 of the Richard B. Russell National School Lunch Act, or the school breakfast program established by the Child Nutrition Act of 1966 (42 U.S.C. 1773) in either a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); a school (as defined in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760 (d)) on or near an Indian reservation; or an early child care and education facility: Provided, That to carry out this pilot program each grant awarded shall be no less than $10,000 and no more than $100,000 for each school year and shall not increase state administrative costs or the amount of benefits provided in any program: Provided further, Definition.That the term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Notwithstanding any other provision of law, a pilot project grant recipient shall be reimbursed for meals served under the school lunch program, the summer food service program, and the child and adult care food program as if the recipient were a State under the Richard B. Russell National School Lunch Act; and under the school breakfast program as if the recipient were a State educational agency.
(c) Reports.Not later than 1 year after the conclusion of the pilot program, the Secretary shall submit to Congress a report on the outcomes of the pilot program.
Sec. 759.
None of the funds appropriated or otherwise made available by this Act may be used by the Food and Drug Administration (FDA) to issue or promote any new guidelines or regulations applicable to food manufacturers for Listeria monocytogenes (Lm) until the FDA considers the available new science in developing the Compliance Policy Guide (CPG), Guidance for FDA Staff, Sec. 55.320 Listeria monocytogenes—regarding Lm in low-risk foods, meaning foods that do not support the growth of Lm.
Sec. 760.
Section 523 of the Housing Act of 1949 (42 U.S.C. 1490c) is amended in subsection (b)(1)(B) by striking “two years” and inserting “five years”.
Sec. 761.
Section 524 of the Housing Act of 1949 (42 U.S.C. 1490d) is amended in subsection (a)(1) by striking “two years” and inserting “five years”.
Sec. 762.
Section 363 of the Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3702) is amended at paragraph (10) by inserting after “Secretary of Housing Urban Development” the following: “and the Secretary of Agriculture”.
Sec. 763.
None of the funds appropriated or otherwise made available by this Act may be used by the Food and Drug Administration to develop, issue, promote or advance any final guidelines or new regulations applicable to food manufacturers for long-term population-wide sodium reduction actions until an assessment is completed on the impact of the short-term sodium reduction targets.
Sec. 764.
There is hereby appropriated $2,000,000, to remain available until September 30, 2025, for a Bison Production and Marketing Grant Program that the Agricultural Marketing Service shall develop and maintain: Provided, Determination.That this program shall be similar, as determined by the Secretary, to the Sheep Production and Marketing Grant Program the Department of Agriculture currently maintains pursuant to section 209(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627a(c)), and shall prioritize grants to national non-profits and federally chartered Tribal organizations that have expertise in bison production or marketing.
Sec. 765.
Notwithstanding the Agricultural Marketing Act of 1946 (7 U.S.C. 1622 et seq.) and 9 CFR part 352, the Committee provides an additional $700,000 to the USDA Food Safety and Inspection Service to cover voluntary meat inspection fees for the slaughtering or processing of bison/buffalo at Native American owned establishments or establishments operating on tribal lands.
Sec. 766.
Of the unobligated balances from prior year appropriations made available for the Rural Water Operation Program under the heading “Natural Resources Conservation Service—Watershed and Flood Prevention Operations”, $28,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 767.
If services performed by APHIS employees are determined by the Administrator of the Animal and Plant Health Inspection Service to be in response to an animal disease outbreak, any premium pay that is funded, either directly or through reimbursement, shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547 of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium pay payable on a biweekly or calendar year basis: Provided, Effective date.That this section shall take effect as if enacted on January 1, 2023.
Sec. 768.
None of the funds made available by this Act may be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation).
Sec. 769.
Any rule-making, notice or guidance of or regarding USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88) shall allow and provide meal reimbursement for (or “low fat or fat free”) flavored milk in National School Lunch Program and School Breakfast Program for grades Kindergarten through 12th grade and in Child and Adult Care Food Program for participants 6 years of age and older, and for any other program complying with the meal pattern requirements covered in such final rule.
Sec. 770.
Sodium limits in effect for School Year 2023–2024 in child nutrition meal patterns shall remain effective through School Year 2026–2027, after which sodium limits that may be included in any rulemaking, notice or guidance of or regarding USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88), shall not be more restrictive than the Target 2 sodium levels published in the final rule entitled “Nutrition Standards in the National School Lunch and School Breakfast Programs” published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg 4087).
Sec. 771.
There is hereby appropriated $2,000,000, to remain available until expended, to carry out section 2103 of Public Law 115–334: Provided, That the Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests.
Sec. 772.
There is appropriated $3,000,000 for the emergency and transitional pet shelter and housing assistance grant program established under section 12502(b) of the Agriculture Improvement Act of 2018 (34 U.S.C. 20127).
Sec. 773.
The National Academies of Sciences, Engineering and Medicine (NASEM) were tasked with providing findings and recommendations on alcohol consumption for the purposes of inclusion in the 2025 Dietary Guidelines for Americans as required by Section 772 of Division A of the Consolidated Appropriations Act, 2023 (Public Law 117–328): Provided, That the Secretary of Health and Human Services and the Secretary of Agriculture shall consider the findings and recommendations of the NASEM report in the development of the 2025 Dietary Guidelines for Americans and further, both Secretaries shall ensure that the alcohol consumption recommendations in the 2025 Dietary Guidelines for Americans shall be based on the preponderance of scientific and medical knowledge consistent with section 5341 of title 7 of United States Code.
Sec. 774.
The first proviso under the heading “Rural Community Facilities Program Account” in title I of division N of the Consolidated Appropriations Act, 2023 136 Stat. 5202.(Public Law 117–328) is amended by inserting “or to repair or replace essential community facilities damaged by a disaster that occurred in calendar year 2023” after “calendar year 2022”: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated as an emergency 138 STAT. 117 requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 775.
Of the unobligated balances from prior year appropriations made available for the Rural Energy for American program authorized by section 9007 of the Farm Security and Rural Investment Act of 2002, (7 U.S.C. 8107), $10,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 776.
Of the unobligated balances from prior year appropriations made available in Section 2304 of the American Rescue Plan Act of 2021 (Public Law 117–2), $30,000,000 are hereby rescinded.
Sec. 777.
Of the unobligated balances from prior year appropriations made available under Division A, Title IV, under the heading “Nutrition Programs Administration” for relocation expenses and the alteration and repair of buildings and improvement pursuant to 7 U.S.C. 2250 of the Consolidated Appropriations Act, 2017 (Public Law 115–31), $8,000,000 are hereby rescinded.
Sec. 778.
Of the unobligated balances available in fiscal year 2024 in the “Nonrecurring Expenses Fund” established in section 742 of division A of Public Law 113-235, and in addition to any funds otherwise made available for such purposes in this, prior, or subsequent fiscal years, the following shall be available during the period of availability of the Fund for the specified purposes and in the specified amounts—
(1) for grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $505,023,927 for the purposes, and in the amounts specified in the table titled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and under the same authorities and conditions as amounts made available by this Act in the second paragraph under the heading “Rural Community Facilities Program Account”; and
(2) for expenses during fiscal year 2024, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act (Public Law 83–480), for commodities supplied in connection with dispositions abroad under title II of said Act, $68,476,073, under the same authorities and conditions as amounts made available by this Act under the heading “Food for Peace Title II Grants”:
Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 779.
Section 2250b of title 7, United States Code, is hereby amended in the second proviso by striking “capital acquisition” and after “infrastructure” inserting “and information technology services.”
Sec. 780.
Section 313B(a) of the Rural Electrification Act of 1936 (7 U.S.C. 940c–2(a)), shall be applied for fiscal year 2024 and each fiscal year thereafter until the specified funding has been expended as if the following were inserted after the final period: “In addition, the Secretary shall use $9,465,000 of the funds available to carry out this section in fiscal year 2024 for an additional amount for the same purpose and under the same terms and conditions as the Rural Business Development Grants authorized by section 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)).”.
Sec. 781.
Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words “genetically engineered” prior to the existing acceptable market name.
Sec. 782.
For an additional amount for the Office of the Secretary, $6,000,000, to remain available until expended, to continue the Institute for Rural Partnerships as established in section 778 of Public Law 117–103: Provided, Continuation.Urban and rural areas.That the Institute for Rural Partnerships shall continue to dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges: Provided further, That administrative or other fees shall not exceed one percent: Provided further, Coordination.Publication.Reports.That such partnership shall coordinate and publish an annual report.
Sec. 783.
There is hereby appropriated $500,000 to carry out the duties of the working group established under section 770 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 (Public Law 116–6; 133 Stat. 89).
Sec. 784.
Of the unobligated balances from prior year appropriations made available for conservation activities under the heading “Natural Resources Conservation Service—Conservation Operations”, $30,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 785.
Of the unobligated balances from prior year appropriations made available for the “National Institute of Food and Agriculture—Research and Education Activities”, $37,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 786.
There is hereby appropriated $1,000,000, to remain available until expended, for section 306E(b) of the Consolidated Farm and Rural Development Act to provide subgrants to eligible individuals for the construction, refurbishing, and servicing of individually owned household decentralized wastewater systems.
Sec. 787.
The Secretary of Agriculture shall be included as a member of the Committee on Foreign Investment in the United States (CFIUS) on a case by case basis pursuant to the authorities in section 721(k)(2)(J) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)(J)) with respect to each covered transaction (as defined in section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))) involving agricultural land, agriculture biotechnology, or the agriculture industry (including agricultural transportation, agricultural storage, and agricultural processing), as determined by the CFIUS Chairperson in coordination with the Secretary of Agriculture. Notification.Foreign countries.The Secretary of Agriculture shall, to the maximum extent practicable, notify the Committee on Foreign Investment in the United States of any agricultural land transaction that the Secretary of Agriculture has reason to believe, based on information from or in cooperation with the Intelligence Community, is a covered transaction (A) that may pose a risk to the national security of the United States, with particular emphasis on covered transactions of an interest in agricultural land by foreign governments or entities of concern, as defined in 42 U.S.C. 19221(a), including the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, and the Islamic Republic of Iran; and (B) with respect to which a person is required to submit a report to the Secretary of Agriculture under section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)): Provided, That there is hereby appropriated $2,000,000, to remain available until expended, in addition to amounts otherwise provided for such purpose, to carry out this section.
Sec. 788.
Of the unobligated balances from prior year appropriations made available in the “Working Capital Fund”, $78,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 789.
Of the unobligated balances from prior year appropriations made available for the “Community Connect Grant Program”, $30,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 790.
Of the unobligated balances from prior year appropriations made available under the heading “Distance Learning, Telemedicine, and Broadband Program”, other than amounts made available for the Community Connect Grant Program, $18,891,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 791.
Of the unobligated balances from prior year appropriations made available for veterinary diagnostics under the heading “Animal and Plant Health Inspection Service, Salaries and Expenses account”, $5,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 792.
The agencies and offices of the Department of Agriculture may reimburse the Office of the General Counsel (OGC), out of the funds provided in this Act, for costs incurred by OGC in providing services to such agencies or offices under time-limited agreements entered into with such agencies and offices: Provided, That such transfer authority is in addition to any other transfer authority provided by law.
Sec. 793.
(a) Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) is amended by striking “2023” and inserting “2024”.
(b) Section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by striking “2023” and inserting “2024”.
138 STAT. 121
Sec. 101.
During Payments.Certification.the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.
Sec. 102.
During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).
Sec. 103.
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, Notification.Time period.That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.
Sec. 104.
The Incorporation by reference.Applicability.33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2024: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary 138 STAT. 131 Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.
Sec. 105.
Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.
Sec. 106.
Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks.
Sec. 107.
The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.
Sec. 108.
The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer Fee.still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service’s cost of processing, reproducing, and delivering such report or document.
Sec. 109.
ToGrants.Contracts. carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading “National Oceanic and Atmospheric Administration—Operations, Research, and Facilities” and shall remain available until September 30, 2025, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act.
Sec. 110.
Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available.
Sec. 111.
The Secretary of Commerce, or the designee of the Secretary, may waive up to 50 percent of the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading “Procurement, Acquisition and Construction” under the heading “National Oceanic and Atmospheric Administration”.
Sec. 112.
Any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116–93, may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.
Sec. 113.
The Under Secretary of Commerce for Oceans and Atmosphere is authorized to designate one or more Cooperative Aviation Centers for the purposes of recruiting aviators for the NOAA commissioned officer corps from institutions that provide a four-year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International: Provided, That Cooperative Aviation Centers shall be located in a geographic area that experiences a wide variation in climate-related activity, such as frequent high winds, convective activity (including tornadoes), periods of low visibility, heat, and snow and ice episodes, to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the commissioned officer corps of the Administration.
Sec. 114.
The Administrator of the National Oceanic and Atmospheric Administration may accept payments from a non-Federal party during fiscal year 2024 for the purpose of altering or replacing fencing, and related activities, for the Administration’s port facility in Ketchikan, Alaska. Amounts accepted under this section may be credited to the appropriation account otherwise available for such purpose and shall remain available until expended.
Sec. 115.
The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the employees of the National Weather Service and non-governmental experts in personnel management, may establish an alternative or fixed rate for relocation allowance, including permanent change of station allowance, notwithstanding the provisions of 5 U.S.C. 5724 and the regulations prescribed under 5 U.S.C. 5738.
Sec. 201.
In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses.
Sec. 202.
None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
Sec. 203.
None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.
Sec. 204.
Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205.
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That this section shall not apply to the following—
(1) paragraph 1(R) under the heading “State and Local Law Enforcement Assistance”; and
(2) paragraph (7) under the heading “Community Oriented Policing Services Programs”.
Sec. 206.
None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.
Sec. 207.
(a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs.
Sec. 208.
None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.
Sec. 209.
The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and to any use of deobligated balances of funds provided under this title in previous years.
Sec. 210.
None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated.
Sec. 211.
Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code.
Sec. 212.
At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings “Research, Evaluation and Statistics”, “State and Local Law Enforcement Assistance”, and “Juvenile Justice Programs”—
(1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs.
This section shall not apply to paragraph 1(R) under the heading “State and Local Law Enforcement Assistance”.
Sec. 213.
Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2021 through 2024 for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), the requirements under section 2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section 6(c)(3) of such Act.
Sec. 214.
Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts made available by this or any other Act.
Sec. 215.
None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times.
Sec. 216.
(a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2024, except up to $12,000,000 may be obligated for implementation of a unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2024, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2024, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act.
Sec. 217.
Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in appropriations acts in prior fiscal years and the current fiscal year.
Sec. 218.
The Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate quarterly reports on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports shall contain at least the same level of information and detail for each Fund as was provided to the Committees on Appropriations of the House of Representatives and the Senate in fiscal year 2023.
Sec. 219.
None of the funds made available under this Act may be used to conduct, contract for, or otherwise support, live tissue training, unless the Attorney General issues a written, non-delegable determination that such training is medically necessary and cannot be replicated by alternatives.
Sec. 220.
None of the funds made available by this Act may be used by the Department of Justice to target or investigate parents who peacefully protest at school board meetings and are not suspected of engaging in unlawful activity.
Sec. 221.
None of the funds made available by this Act may be used to investigate or prosecute religious institutions on the basis of their religious beliefs.
Sec. 222.
Of the unobligated balances from amounts in the fund established by section 9006(a) of title 26, United States Code, $25,000,000 shall be paid to the “Office of Justice Programs—State and Local Law Enforcement Assistance” appropriation, to remain available until expended, for an additional amount for grants for law enforcement activities associated with the presidential nominating conventions, under the same authorities and conditions as amounts made available in paragraph (1)(Q) under the heading “Office of Justice Programs—State and Local Law Enforcement Assistance” in this Act.
Sec. 501. (including transfers and rescissions of funds)
No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.
Sec. 502.
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 503.
The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
Sec. 504.
If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
Sec. 505.
None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects, or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.
Sec. 506.
(a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions.
(b)(2) The term “promotional items” has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
Sec. 507.
(a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled.
Sec. 508.
Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further,Applicability. That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property.
Sec. 509.
None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
Sec. 510.
Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101) in any fiscal year in excess of $1,353,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation: (1) $10,000,000 shall be transferred to the Department of Justice Office of Inspector General and remain available until expended for oversight and auditing purposes associated with this section; and (2) 5 percent shall be available to the Office for Victims of Crime for grants, consistent with the requirements of the Victims of Crime Act, to Indian Tribes to improve services for victims of crime.
Sec. 511.
None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.
Sec. 512.
None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
Sec. 513.
(a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively.Confidential information. The results shall be made available in redacted form to exclude—
(b)(1) any matter described in section 552(b) of title 5, United States Code; and
(b)(2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities.
Sec. 514.
(a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, “Standards for Security Categorization of Federal Information and Information Systems” unless the agency has—
(a) 138 STAT. 170
(a)(1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government;
(a)(2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and
(a)(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has—
(b)(1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks;
(b)(2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and
(b)(3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General.
Sec. 515.
None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government.
Sec. 516.
None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement.
Sec. 517.
None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts.
Sec. 518.
If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director.Deadline.Determination.Statement.Cost estimate. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement costs.
Sec. 519.
Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2024 until the enactment of the Intelligence Authorization Act for fiscal year 2024.
Sec. 520.
None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
Sec. 521.
(a) Of the unobligated balances available to the Department of Commerce, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts—
(a)(1) “Economic Development Administration—Economic Development Assistance Programs”, $35,000,000, only from prior year appropriations;
(a)(2) “Census Working Capital Fund”, $10,000,000;
(a)(3) “National Institute of Standards and Technology—Working Capital Fund”, $10,000,000;
(a)(4) “Nonrecurring Expenses Fund”, $12,440,000,000, only from amounts appropriated by section 101(e) of the Fiscal Responsibility Act of 2023 (Public Law 118–5); and
(a)(5) “Departmental Management—Working Capital Fund”, $10,000,000.
(b) Of the unobligated balances from prior year appropriations available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts—
(b)(1) “Federal Bureau of Investigation—Salaries and Expenses”, $367,700,000;
(b)(2) “Federal Prison System—Buildings and Facilities”, $19,000,000;
(b)(3) “State and Local Law Enforcement Activities—Office on Violence Against Women—Violence Against Women Prevention and Prosecution Programs”, $5,000,000;
(b)(4) “State and Local Law Enforcement Activities—Office of Justice Programs”, $120,000,000; and
(b)(5) “State and Local Law Enforcement Activities—Community Oriented Policing Services”, $15,000,000.
(c) Of the unobligated balances available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts—
(c)(1) “Working Capital Fund”, $131,572,000; and
(c)(2) “Legal Activities—Assets Forfeiture Fund”, $500,000,000.
(d) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2024, specifying the amount of each rescission made pursuant to subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c) shall not be from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
(f) The amounts rescinded pursuant to subsections (b) and (c) shall not be from—
(f)(1) amounts provided under subparagraph (Q) of paragraph (1) under the heading “State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance” in title II of division B of Public Law 117–103 or Public Law 117–328; or
(f)(2) amounts provided under paragraph (7) under the heading “State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing Services Programs” in title II of division B of Public Law 117–103 or Public Law 117–328.
Sec. 522.
None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations.
Sec. 523.
None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless—
(1) such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or
(2) such conference is a scientific conference and the department or agency head determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 15 days of that determination and the basis for that determination.
Sec. 524.
The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following:
(1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States.
(4) Time period.In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts.
Sec. 525.
To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are “Energy Star” qualified or have the “Federal Energy Management Program” designation.
Sec. 526.
(a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA), the Office of Science and Technology Policy (OSTP), or the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act.
(b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified—
(c)(1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and
(c)(2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights.
(d) Deadline.Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing.
Sec. 527.
(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity.
Sec. 528.
The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, the National Space Council, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act.
Sec. 529.
Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract.
Sec. 530.
None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.
Sec. 531.
None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.
Sec. 532.
The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel.
Sec. 533.
Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for assistance in persistent poverty counties: Provided,Definition. That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any Territory or possession of the United States.
Sec. 534.
(a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(b)(1) does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and
(b)(2) does not permit the export without a license of—
(b)(2)(A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada;
(b)(2)(B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or
(b)(2)(C) articles for export from Canada to another foreign destination.
(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.
(d) President.Determination.Federal Register, publication.The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President Termination.shall terminate the requirements of a license when reasons for the temporary requirements have ceased.
Sec. 535.
Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition.
Sec. 536.
None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if—
(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
Sec. 537.
None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.
Sec. 538.
None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—
(1) is not a United States citizen or a member of the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 539.
(a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who—
(c)(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(c)(2) is—
(c)(2)(A) in the custody or under the effective control of the Department of Defense; or
(c)(2)(B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 540.
(a) The remaining unobligated balances of funds as of September 30, 2024, from amounts made available to “Office of the United States Trade Representative—Salaries and Expenses” in section 540(a) of division B of the Consolidated Appropriations Act, 2023 (Public Law 117–328) are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2024, for an additional amount for fiscal year 2024, to remain available until September 30, 2026, and shall be available for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were provided in Public Law 116–113, except that all references to “2023” under such heading in Public Law 116–113 shall be deemed to refer instead to “2026”.
(b) The remaining unobligated balances of funds as of September 30, 2024, from amounts made available to “Office of the United States Trade Representative—Trade Enforcement Trust Fund” in section 540(b) of division B of the Consolidated Appropriations Act, 2023 (Public Law 117–328) are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2024, for an additional amount for fiscal year 2024, to remain available until September 30, 2026, and shall be available for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were provided in Public Law 116–113, except that the reference to “2023” under such heading in Public Law 116–113 shall be deemed to refer instead to “2026”.
(c) The amounts rescinded pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022, are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(d) Each amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 541.
Funds made available to the Department of Commerce and the Department of Justice in this Act and any remaining unobligated balances of funds made available to the Department of Commerce and the Department of Justice in prior year Acts, other than amounts designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 or from amounts made available under the heading “Department of Justice—Legal Activities—Fees and Expenses of Witnesses”, shall be available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That payments made pursuant to the matter preceding this proviso may not exceed $5,000,000 for the Department of Commerce and $10,000,000 for the Department of Justice.
Sec. 542.
Notwithstanding title II of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), up to 0.7 percent of amounts made available to the National Telecommunications and Information Administration by such Act shall be available for salaries and expenses, administration, and oversight of programs administered by such Administration that received appropriations by such Act, in addition to amounts previously made available for such purpose: Provided, That all such amounts shall be available across such programs and shall be available for salaries 138 STAT. 178 and expenses, administration, and oversight of the Connecting Minority Communities Pilot Program (as authorized by section 902 of division N of Public Law 116–260) and of the Broadband Connectivity Infrastructure Program (as authorized by section 905(d) of division N of Public Law 116–260), regardless of the heading under which such amounts were appropriated: Provided further, That such amounts may be transferred between the appropriate accounts to carry out this section, in addition to authorities included elsewhere in such Act: Provided further, That this section shall not reduce the total allocation for any State under Program Notices of Available Amounts dated June 30, 2023: Notifications.Time period. Provided further, That amounts transferred pursuant to this section may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds: Provided further, That amounts repurposed or transferred pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
Sec. 543.
None of the funds made available by this Act may be used to move the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Canine Training Center or the ATF National Canine Division from Front Royal, Virginia, to another location.
Sec. 544.
(a) Section 507(d) of title 11, United States Code, is amended by inserting “excluding subparagraph (F)” after “(a)(8)”.
(b)(1) Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
(b)(2) The amendment made by subsection (a) shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.
Sec. 545.
Section 107(b)(2)(C) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(C)) is amended by striking “total costs of the projects described in the application submitted” and inserting in its place “total project cost. In general, this project match requirement may be satisfied by contributions or expenditures committed to improve victim support services that promote victim recovery and reintegration into society, provided that these contributions and expenditures are consistent with applicable grant requirements and approved project scope”.
Sec. 546.
(a)(1)(A) Within 45 days of enactment of this Act, the Secretary of Commerce shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2024 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117–167), including the transfer authority in such paragraphs of that section of that Act, to the accounts specified, in the amounts specified, and for the projects and activities specified, in the table titled “Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2024” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and pursuant to the direction included in the classified annex accompanying this Act.
(a)(1)(B) Not Allocation.later than October 15, 2024, and notwithstanding subsection (b) of this section, the Secretary of Commerce shall allocate from the amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2025 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117–167), including the transfer authority in such paragraphs of that section of that Act, to the account specified, in the amount specified, and for the project and activity specified, in the table titled “Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2025” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and pursuant to the direction included in the classified annex accompanying this Act.
(a)(1)(C) Not Allocation.later than October 15, 2025, and notwithstanding subsection (b) of this section, the Secretary of Commerce shall allocate from the amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2026 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117–167), including the transfer authority in such paragraphs of that section of that Act, to the accounts specified, in the amounts not to exceed that specified, and for the projects and activities specified, in the table titled “Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and pursuant to the direction included in the classified annex accompanying this Act.
(a)(2) WithinAllocation. 45 days of enactment of this Act, the Director of the National Science Foundation shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal year 2024 pursuant to section 102(d)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activities specified in the table titled “National Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2024” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Departments of Commerce and Justice, Science, and Related Agencies: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated funds from the CHIPS for America Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate, and subject to the terms and conditions in section 505 of this Act—
(c)(1) the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of Public Law 116–283 by subsection (a)(1) of this section; and
(c)(2) the Director of the National Science Foundation may reallocate funds allocated to the CHIPS for America Workforce and Education Fund by subsection (a)(2) of this section.
(d) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of Commerce and the Director of the National Science Foundation, as appropriate, shall each submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(a)(2) and section 102(d)(2) of the CHIPS Act of 2022 for fiscal year 2025.
(e) Time period.Reports.The Department of Commerce and the National Science Foundation, as appropriate, shall each provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the CHIPS for America Fund for amounts allocated pursuant to subsection (a)(1) of this section, and section 543(a)(1) of division B of Public Law 117–328, the status of balances of projects and activities funded by the Public Wireless Supply Chain Innovation Fund for amounts allocated pursuant to section 543 (a)(2) of division B of Public Law 117–328, and the status of balances of projects and activities funded by the CHIPS for America Workforce and Education Fund for amounts allocated pursuant to subsection (a)(2) of this section and section 543(a)(3) of division B of Public Law 117–328, including all uncommitted, committed, and unobligated funds.
Sec. 101.
(a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2024, shall be available for obligation or expenditure through a reprogramming of funds that:
(a)(1) creates or initiates a new program, project, or activity;
(a)(2) eliminates a program, project, or activity;
(a)(3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(a)(4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(a)(5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(a)(6) For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;
(a)(7) For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, 138 STAT. 187 That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;
(a)(8) Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, Notification.That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation;
(a)(9) The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and
(a)(10) Reprogramming of up to 15 percent of the base of the receiving project is permitted.
(b) In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress.
(c) Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program.
(d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include:
(d)(1) A table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level;
(d)(2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and
(d)(3) An identification of items of special congressional interest.
Sec. 102.
The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Sec. 103.
None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101.
Sec. 104.
The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $8,200,000 of funds provided in this title under the heading “Operation and Maintenance” to mitigate for fisheries lost due to Corps of Engineers projects.
Sec. 105.
None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106.
None of the funds made available by this Act may be used to carry out any water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107.
Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers.
Sec. 108.
None of the funds made available by this Act or any prior Act may be used to alter the eligibility requirements for assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) in effect on November 14, 2022, without express authorization by Congress.
Sec. 109.
Notwithstanding any other requirement, the remaining unobligated balances from amounts made available under the heading “Corps of Engineers—Civil—Construction” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) for which spend plan allocations have not been announced as of the date of enactment of this Act (other than such balances otherwise repurposed by the third proviso under such heading in this title) may be made available for projects, in addition to amounts otherwise made available for such purposes and regardless of project purpose, that have previously received funds under the heading “Construction” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123) subject to the terms and conditions of such title IV of division B as applicable and as specifically modified by section 111 of this Act, or in chapter 4 of title X of the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113–2) subject to the terms and conditions of such chapter 4 of title X as applicable and as specifically modified by section 111 of this Act, and for which non-Federal interests have entered into binding agreements with the Secretary as of the date of enactment of this Act: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
Sec. 110.
The remaining unobligated balances from amounts provided under the heading “Construction” in title IV of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43) for which spend plan allocations were announced prior to the date of enactment of this Act shall be reallocated to the same project, including modifications thereto, and in addition to amounts otherwise made available for such purpose, that has previously received funds under such heading in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123), subject to the terms and conditions of such title IV of division B of Public Law 115–123 as applicable and as specifically modified by section 111 of this Act: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 111.
Studies or projects receiving funds under the following headings in the following Acts as of the date of enactment of this Act are not required to be completed with such funds and may receive funds from this Act or future Acts, and any additional funds for such studies and projects shall be subject to the same terms and conditions applicable to the following headings in the following Acts—
(1) “Investigations” or “Construction” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123);
(2) “Corps of Engineers—Civil—Construction” in chapter 4 of title X of the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113–2); and
(3) “Corps of Engineers—Civil—Investigations” in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58).
Sec. 112.
Of the unobligated balances from prior year appropriations made available to “Corps of Engineers—Civil”, the following funds shall be transferred from the following accounts and programs in the specified amounts to “Corps of Engineers—Civil—Investigations” and, in addition to amounts otherwise made available for such purposes, shall be used for studies that have previously received funds provided under the heading “Investigations” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123) or under such heading in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and for which non-Federal interests have entered into feasibility cost sharing agreements with the Secretary as of the date of enactment of this Act—
(1) $371,293.38 from the unobligated balances under the heading “Construction” in chapter 3 of title I of division B of Public Law 109–148;
(2) $562,613.89 from the unobligated balances under the heading “Operation and Maintenance” in chapter 3 of title I of division B of Public Law 109–148 that were provided for the Mississippi River-Gulf Outlet channel;
(3) $38,873.32 from the unobligated balances under the heading “Construction” in chapter 3 of title II of Public Law 109–234 that were provided for the Lake Pontchartrain and Vicinity project, the North Padre Island, Texas project, the Sacramento, California, Area project, and the Hawaii Water Systems Technical Assistance Program;
(4) $95.55 from the combined unobligated balances under the “Construction” headings in chapter 3 of title IV and chapter 3 of title V of Public Law 110–28;
(5) $83,734.13 from the unobligated balances under the heading “Construction” in chapter 3 of title III of Public Law 110–252, including amounts that were provided for the Lake Pontchartrain and Vicinity project, the West Bank and Vicinity project, and the Southeast Louisiana Urban Drainage project;
(6) $2,122.56 from the unobligated balances under the heading “Operation and Maintenance” in chapter 3 of title III of Public Law 110–252;
(7) $10.72 from the unobligated balances under the heading “Mississippi River and Tributaries” in chapter 3 of title III of Public Law 110–252;
(8) $274,678.03 from the unobligated balances under the heading “Construction” in chapter 3 of title I of division B of Public Law 110–329 that were provided for the Lake Pontchartrain and Vicinity project, the West Bank and Vicinity project, and the Southeast Louisiana Urban Drainage project;
(9) $267,434.81 from the unobligated balances under the heading “Operation and Maintenance” in chapter 3 of title I of division B of Public Law 110–329;
(10) $0.02 from the unobligated balances under the heading “Operation and Maintenance” in title IV of Public Law 111–32;
(11) $246,869.24 from the unobligated balances under the heading “Operation and Maintenance” in chapter 4 of title I of Public Law 111–212; and
(12) $2,643,142.04 from the unobligated balances under the heading “Operation and Maintenance” in title I of Public Law 112–77:
Provided, That studies receiving funding pursuant to this section shall be subject to the terms and conditions of the heading “Investigations” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123) or such heading in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), as applicable and as specifically modified by section 111 of this Act: Provided further, That amounts repurposed or transferred pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as being an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively.
138 STAT. 191
Sec. 201.
(a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2024, shall be available for obligation or expenditure through a reprogramming of funds that—
(a)(1) initiates or creates a new program, project, or activity;
(a)(2) eliminates a program, project, or activity;
(a)(3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(a)(4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(a)(5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress:
(a)(5)(A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or
(a)(5)(B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year;
(a)(6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or
(a)(7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category.
(c) For purposes of this section, the term “transfer” means any movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading “Bureau of Reclamation—Water and Related Resources” shall be expended for the programs, projects, and activities specified in the “Final Bill” columns in the “Water and Related Resources” table included under the heading “Title II—Department of the Interior” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(e) Reports.The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act.
Sec. 202.
(a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.
(b) Reimbursement.The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the “Cleanup Program—Alternative Repayment Plan” and the “SJVDP—Alternative Repayment Plan” described in the report entitled “Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995”, prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law.
Sec. 203.
Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking “$820,000,000” and inserting “$920,000,000”.
Sec. 204.
(a) Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 204 of division D of Public Law 117–103,136 Stat. 4631. shall be applied by substituting “2024” for “2022” each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) is118 Stat. 1696. amended by striking “$25,000,000” and inserting “$30,000,000”.
Sec. 205.
Section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting “2024” for “2022”.
Sec. 206.
(a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting “2024” for “2022”.
(b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting “2024” for “2022” and by substituting “$130,000,000” for “$120,000,000”.
Sec. 207.
Section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting “2024” for “2023”.Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 301.
(a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to—
(b)(1) 138 STAT. 206
(b)(1)(A) make a grant allocation or discretionary grant award totaling $1,000,000 or more;
(b)(1)(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(b)(1)(C) provide nonoperational funding through a competition restricted only to Department of Energy National Laboratories totaling $1,000,000 or more;
(b)(1)(D) provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or more;
(b)(1)(E) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); or
(b)(1)(F) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D).
(b)(2) Time period.Reports.The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter.
(b)(3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading “Department of Energy—Energy Programs”, enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless—
(c)(1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or
(c)(2) Notification.Time period.the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government’s obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that—
(f)(1) creates, initiates, or eliminates a program, project, or activity;
(f)(2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or
(f)(3) reduces funds that are directed to be used for a specific program, project, or activity by this Act.
(g)(1) Waiver authority.The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security.
(g)(2) Notification.Deadline.The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.
Sec. 302.
None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements.
Sec. 303.
None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
Sec. 304.
None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures.
Sec. 305.
No funds shall be transferred directly from “Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration” to the general fund of the Treasury in the current fiscal year.
Sec. 306.
Only $35,000,000 of the amounts made available in this Act under the heading “Weapons Activities” for W80–4 Alteration-SLCM, as specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), shall be available for obligation until 15 days after the date on which the Administrator of the National Nuclear Security Administration certifies in writing to the Committees on Appropriations of both Houses of Congress that the Administrator is in compliance with the requirements of subsection (c) and subsection (d) of section 1642 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).
Sec. 307.
(a) Of the unobligated balances of amounts made available to the Department of Energy under each heading in title III of division J of Public Law 117–58, an amount equal to the amount transferred from each such heading as of September 30, 2023, pursuant to section 303 of Public Law 117–58 shall be transferred not later than 15 days after the date of enactment of this Act to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in Public Law 117–58: Provided, That any amounts so transferred that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
(b) As of the date of enactment of this Act, of the amounts made available to the Department of Energy under each of sections 50121, 50141, 50142, 50143, 50144, 50145, 50151, 50152, 50153, and 50161 of Public Law 117–169, two-tenths of one percent of such amounts shall be transferred to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in Public Law 117–169: Provided, That amounts so transferred shall be derived from the unobligated balances of amounts under each such section.
(c) 135 Stat. 1380.Section 303 of Public Law 117–58 is amended by striking “through 2026” and inserting “and 2023, and two-tenths of such amounts made available in each of fiscal years 2024 through 2026”: Provided, That amounts repurposed pursuant to the amendments made by this subsection that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
Sec. 308.
(a) Notwithstanding sections 161 and 167 of the Energy Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of Energy shall draw down and sell one million barrels of refined petroleum product from the Strategic Petroleum Reserve during fiscal year 2024.
(b) All proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2024.
(c) Upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve.
(d)(1) The Secretary of Energy may not establish any new regional petroleum product reserve unless funding for the proposed regional petroleum product reserve is explicitly requested in advance in an annual budget submitted by the President pursuant to section 1105 of title 31, United States Code, and approved by the Congress in an appropriations Act.
(d)(2) The budget request or notification shall include—
(d)(2) 138 STAT. 209
(d)(2)(A) the justification for the new reserve;
(d)(2)(B) Cost estimate.a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources;
(d)(2)(C) a detailed plan for operation of the reserve, including the conditions upon which the products may be released;
(d)(2)(D) the location of the reserve; and
(d)(2)(E) Estimate.Inventory.the estimate of the total inventory of the reserve.
Sec. 309.
None of the funds made available by this Act may be used to draw down and sell petroleum products from the Strategic Petroleum Reserve (1) to any entity that is under the ownership, control, or influence of the Chinese Communist Party; or (2) except on condition that such petroleum products will not be exported to the People’s Republic of China.
Sec. 310.
(a) None of the funds made available by this Act may be used by the Secretary of Energy to award any grant, contract, cooperative agreement, or loan of $10,000,000 or greater to an entity of concern as defined in section 10114 of division B of Public Law 117–167.
(b) The Secretary shall implement the requirements under subsection (a) using a risk-based approach and analytical tools to aggregate, link, analyze, and maintain information reported by an entity seeking or receiving such funds made available by this Act.
(c) Applicability.This section shall be applied in a manner consistent with the obligations of the United States under applicable international agreements.
(d) The Secretary shall have the authority to require the submission to the agency, by an entity seeking or receiving such funds made available by this Act, documentation necessary to implement the requirements under subsection (a).
(e) Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to the implementation of the requirements under this section.
(f) The Secretary and other Federal agencies shall coordinate to share relevant information necessary to implement the requirements under subsection (a).
Sec. 311.
(a) Of the unobligated amounts available under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) for fiscal years 2023, 2024, 2025, and 2026 the following shall be available, in addition to amounts otherwise made available for these purposes:
(a)(1)(A) $500,000,000 for not more than two competitive awards for commercial utility deployment projects for a grid scale Generation 3+ small modular reactor design pursuant to section 959A of the Energy Policy Act of 2005, of which $200,000,000 shall be available in fiscal year 2024 and $300,000,000 shall be available in fiscal year 2025; and
(a)(1)(B) up to $300,000,000 for the not more than two awards made under subparagraph (A) shall be available in fiscal year 2026.
(a)(2) $100,000,000 for one or more competitive awards to support design, licensing, supplier development, and site preparation of a grid-scale Generation 3+ reactor design under the Advanced Small Modular Reactor RD&D program.
(a)(3)(A) $50,000,000 for university and college-based nuclear reactor safety training as authorized by law, including section 31 of the Atomic Energy Act of 1954, section 4 of the Nuclear Safety, Research, Demonstration, and Development Act of 1980, and section 10745 of the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167); and
(a)(3)(B) up to $50,000,000 for the training under subparagraph (A) shall be available in fiscal year 2025.
(b) Provided further, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
Sec. 312.
(a) Of the unobligated balances from amounts previously appropriated under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that were made available for fiscal years 2022, 2023, and 2024, up to $2,720,000,000 shall be available, in addition to amounts otherwise available, for necessary expenses to carry out the Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31)): Provided, That if insufficient unobligated balances are available from such fiscal year 2022, 2023, and 2024 amounts to fund a total amount for such purpose of up to $2,720,000,000, then up to $800,000,000 from amounts previously appropriated under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that are made available for fiscal year 2025 may be made available, in addition to amounts otherwise available, for such purpose to meet such total amount: Provided further, That amounts repurposed pursuant to this section may be transferred to “Department of Energy—Energy Programs—American Energy Independence Fund” in either fiscal year 2024 or fiscal year 2025: Provided further, That the Secretary Contracts.of Energy may use the amounts repurposed, transferred, or otherwise made available pursuant to this section to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, as authorized by section 646(a) of the Department of Energy Organization Act (42 U.S.C. 7256(a)), for such periods of time and subject to such terms and conditions as the Secretary deems appropriate, without regard to section 161(u) of the Atomic Energy Act of 1954 (42 U.S.C. 2201(u)): Provided further, That notwithstanding 31 U.S.C. 3302, receipts from the sale or transfer of LEU and HALEU or from any other transaction in connection with the amounts repurposed, transferred, or otherwise made available pursuant to this section shall hereafter be credited to the “American Energy Independence Fund” as discretionary offsetting collections and shall be available, for the same purposes as funds repurposed or transferred pursuant to this section, to the extent and in the amounts provided in advance in appropriations Acts: Provided further, Receipts.That receipts may hereafter be collected from transactions entered into pursuant to section 2001(a)(2)(F)(iii) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)(iii)) and, notwithstanding 31 U.S.C. 3302, receipts 138 STAT. 211 from any transaction entered into pursuant to section 2001(a)(2)(F)(ii) and (iii) of such Act (42 U.S.C. 16281(a)(2)(F)(ii) and (iii)) shall hereafter be credited to the “American Energy Independence Fund” as discretionary offsetting collections and shall be available, for the same purposes as funds repurposed or transferred pursuant to this section, to the extent and in the amounts provided in advance in appropriations Acts: Provided further, That the Secretary of Energy may use funds repurposed, transferred, or otherwise made available pursuant to this section for a commitment only if the full extent of the anticipated costs stemming from that commitment is recorded as an obligation at the time that the commitment is made and only to the extent that up-front obligation is recorded in full at that time: Provided further, That amounts repurposed or transferred pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
(b) Amounts may not be repurposed or transferred pursuant to this section until a law is enacted or administrative action is taken to prohibit or limit importation of LEU and HALEU from the Russian Federation or by a Russian entity into the United States.
(c) The Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31)) is42 USC 16282. amended—
(c)(1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as follows—
(c)(1)“(i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; and”
(c)(1) .
(c)(2) in subjection (j) to read as follows—
(c)(2)“(j) In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section.”
(c)(2) .
Sec. 313.
(a) Subject to subsection (b), none of the funds made available to the Department of Energy in this or any other Act, including prior Acts and Acts other than appropriations Acts, may be used to pay the salaries and expenses of any contractor detailed to a Congressional Committee or Member Office or to the Executive Branch for longer than a 24-month period, to perform a scope of work, or participate in any matter, with the intent to influence decisions or determinations regarding a Department of Energy National Laboratory, or participate in any matter that may have a direct and predictable effect on the contractor’s employer or personal financial interest: Provided, That Contracts.Effective date.with respect to contractors detailed to a Congressional Committee or Member Office or to the Executive Branch as of the date of enactment of this Act, the initial 24-month period described in this subsection shall be deemed to have begun on the later of the date on which such contractor was detailed or the date that is 12 months before the date of enactment of this Act.
(b) For Definition.the purposes of this section, the term “contractor” is defined to mean any contracted employee of a Department of Energy National Laboratory, as defined by section 2 (3) of the Energy Policy Act of 2005 (42 U.S.C. 15801).
Sec. 314.
(a) The fifty-first proviso under the heading “Energy Efficiency and Renewable Energy” in title III of division J of Public Law 117–58 is 135 Stat. 1371.amended by striking “three percent” each place it appears and inserting “five percent”.
(b) The eighth proviso under the heading “Cybersecurity, Energy Security, and Emergency Response” in title III of division J of Public Law 117–58 is 135 Stat. 1371.amended by striking “three percent” each place it appears and inserting “five percent”.
(c) The tenth proviso under the heading “Electricity” in title III of division J of Public Law 117–58 135 Stat. 1373.is amended by striking “three percent” each place it appears and inserting “five percent”.
(d) The twenty-second proviso under the heading “Fossil Energy and Carbon Management” in title III of division J of Public Law 117–58 is 135 Stat. 1375.amended by striking “three percent” each place it appears and inserting “five percent”.
(e) The twenty-sixth proviso under the heading “Office of Clean Energy Demonstrations” in title III of division J of Public Law 117–58 is 135 Stat. 1379.amended by striking “three percent” each place it appears and inserting “five percent”.
(f) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives. Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 401.
The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies.
Sec. 402.
(a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security.
(b)(2) Notification.Deadline.The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Reports.Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act.
(e) Reports.The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations—
(e)(1) total budget authority;
(e)(2) total unobligated balances; and
(e)(3) total unliquidated obligations. Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 501.
None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
Sec. 502.
(a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(c) Time period.Reports.The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
Sec. 503.
(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 504.
None of the funds appropriated or otherwise made available by this Act may be used to admit any non-US citizen from Russia or China to any nuclear weapons production facility, as such term is defined in section 4002 of the Atomic Energy Defense Act, other than areas accessible to the general public, unless 30 days prior to facility admittance, the Department of Energy provides notification to the Committees on Appropriations and Armed Services of both Houses of Congress.
Sec. 101. emergency transfer authority—intra-bureau
Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible.
Sec. 102. emergency transfer authority—department-wide
The Secretary of the Interior may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriationsReimbursement. made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receiptDetermination.Deadline. thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for “wildland fire suppression” shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptlyReimbursement. as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. authorized use of funds
Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary of the Interior, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.
Sec. 104. authorized use of funds, indian trust management
Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Bureau of Trust Funds Administration and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for settlement support activities shall not exceed amounts specifically designated in this Act for such purpose. Notification.Deadline.The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used.
Sec. 105. redistribution of funds, bureau of indian affairs
Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2024. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.
Sec. 106.
Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein, including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable.
Sec. 107. outer continental shelf inspection fees
(a) In fiscal year 2024, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the “Offshore Safety and Environmental Enforcement” account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2024 shall be—
(b)(1) $10,500 for facilities with no wells, but with processing equipment or gathering lines;
(b)(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
(b)(3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2024. Fees for fiscal year 2024 shall be—
(c)(1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and
(c)(2) $16,700 per inspection for rigs operating in water depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2024. Fees for fiscal year 2024 shall be—
(d)(1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more;
(d)(2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and
(d)(3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet.
(e) Time period.Deadlines.The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter.
Sec. 108. contracts and agreements for wild horse and burro holding facilities
Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperativeTime period. agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary.
Sec. 109. mass marking of salmonids
The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers.
Sec. 110. contracts and agreements with indian affairs
Notwithstanding any other provision of law, during fiscal year 2024, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year.
Sec. 111. department of the interior experienced services program
(a) Grants.Contracts.Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not—
(b)(1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;
(b)(2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or
(b)(3) affect existing contracts for services.
Sec. 112. obligation of funds
Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act.
Sec. 113. separation of accounts
The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act.
Sec. 114. payments in lieu of taxes (pilt)
Section 6906 of title 31, United States Code, shall be applied by substituting “fiscal year 2024” for “fiscal year 2019”.
Sec. 115. disclosure of departure or alternate procedure approval
(a) Web posting.Public information.Deadline.Subject to subsection (b), in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance.
(b) The head of each bureau may exclude confidential business information.
Sec. 116. long bridge project
(a) On request by the State of Virginia or the District of Columbia for the purpose of the construction of rail and other infrastructure relating to the Long Bridge Project, the Secretary of the Interior may convey to the State or the District of Columbia, as applicable, all right, title, and interest of the United States in and to any portion of the approximately 4.4 acres of National Park Service land depicted as “Permanent Impact to NPS Land” on the Map dated May 15, 2020, that is identified by the State or the District of Columbia.
(b) Such conveyance of the National Park Service land under subsection (a) shall be subject to any terms and conditions that the Secretary may require. If such conveyed land is no longer being used for the purposes specified in this section, the lands or interests therein shall revert to the National Park Service after they have been restored or remediated to the satisfaction of the Secretary.
(c) The Secretary and the State or the District of Columbia, as applicable, by mutual agreement, may—
(c)(1) make minor boundary adjustments to the National Park Service land to be conveyed to the State or the District of Columbia under subsection (a); and
(c)(2) correct any minor errors in the Map referred to in subsection (a).
(d) For purposes of this section:
(d)(1) The term “Long Bridge Project” means the rail project, as identified by the Federal Railroad Administration, from Rosslyn (RO) Interlocking in Arlington, Virginia, to L’Enfant (LE) Interlocking in Washington, DC, which includes a bicycle and pedestrian bridge.
(d)(2) The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service.
(d)(3) The term “State” means the State of Virginia.
Sec. 117. interagency motor pool
Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act.
Sec. 118. appraiser pay authority
For fiscal year 2024, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS–1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department’s realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code.
Sec. 119. sage-grouse
None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)—
(1) a proposed rule for greater sage-grouse (Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse.
Sec. 120. state conservation grants
For expenses necessary to carry out section 200305 of title 54, United States Code, the National Park Service may retain up to 7 percent of the State Conservation Grants program to provide to States, the District of Columbia, and insular areas, as matching grants to support state program administrative costs.
Sec. 121. retention of concession franchise fees
Section 101917(c) of title 54, United States Code, is amended by adding at the end the following new paragraph:
“(3) The Secretary may reduce the percentage allocation otherwise applicable under paragraph (2) to a unit or area of the National Park Service for a fiscal year if the Secretary determines that the revenues collected at the unit or area exceed the reasonable needs of the unit or area for which expenditures may be made for that fiscal year. In no event may a percentage allocation be reduced below 60 percent.”
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Sec. 122. historic preservation fund deposits
Section 303102 of title 54, United States Code, shall be applied by substituting “fiscal year 2024” for “fiscal year 2023”.
Sec. 123. decommissioning account
The matter under the amended heading “Royalty and Offshore Minerals Management” for the Minerals Management Service in Public Law 101–512 (104 Stat. 1926, as amended) (43 U.S.C. 1338a) is further amended by striking the fifth and sixth provisos in their entirety and inserting the following: “Provided further, That notwithstanding section 3302 of title 31, United States Code, any moneys hereafter received as a result of the forfeiture of a bond or other security by an Outer Continental Shelf permittee, lessee, or right-of-way holder that does not fulfill the requirements of its permit, lease, or right-of-way or does not comply with the regulations of the Secretary, or as a bankruptcy distribution or settlement associated with such failure or noncompliance, shall be credited to a separate account established in the Treasury for decommissioning activities and shall be available to the Bureau of Ocean Energy Management without further appropriation or fiscal year limitation to cover the cost to the United States of any improvement, protection, rehabilitation, or decommissioning work rendered necessary by the action or inaction that led to the forfeiture or bankruptcy distribution or settlement, to remain available until expended: Provided further, ThatAllocation. amounts deposited into the decommissioning account may be allocated to the Bureau of Safety and Environmental Enforcement for such costs: Provided further, That any moneys received for such costs currently held in the Ocean Energy Management account shall be transferred to the decommissioning account: Provided further, That any portion 138 STAT. 250 of the moneys so credited shall be returned to the bankruptcy estate, permittee, lessee, or right-of-way holder to the extent that the money is in excess of the amount expended in performing the work necessitated by the action or inaction which led to their receipt or, if the bond or security was forfeited for failure to pay the civil penalty, in excess of the civil penalty imposed.”.
Sec. 124. nonrecurring expenses fund
There is hereby established in the Treasury of the United States a fund to be known as the “Department of the Interior Nonrecurring Expenses Fund” (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of the Interior by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastructure improvements and associated administrative expenses, including nonrecurring maintenance, necessary for the operation of the Department or its bureaus, subject to approval by the Office of Management and Budget: Provided further, Notification.Advance approvals.That amounts in the Fund may not be obligated without written notification to and the prior approval of the Committees on Appropriations of the House of Representatives and the Senate in conformance with the reprogramming guidelines described in this Act.
Sec. 125. ebey’s landing national historic reserve
Section 508(f) of Public Law54 USC 320101 note. 95–625 (92 stat. 3509) is amended by striking “not to exceed $5,000,000” and inserting “$18,000,000”.
Sec. 126. interior authority for operating efficiencies
(a) In fiscal years 2024 and 2025, the Secretary of the Interior may authorize and execute agreements to achieve operating efficiencies among and between two or more component bureaus and offices through the following activities:
(a)(1) co-locating in offices and facilities leased or owned by any such component and sharing related utilities and equipment;
(a)(2) detailing or assigning staff on a non-reimbursable basis for up to 5 business days; and
(a)(3) sharing staff and equipment necessary to meet mission requirements.
(b) The authority provided by subsection (a) is to support areas of mission alignment between and among component bureaus and offices or where geographic proximity allows for efficiencies.
(c) Contracts.Bureaus and offices entering into agreements authorized under subsections (a)(1) and (a)(3) shall bear costs for such agreements in a manner that reflects their approximate benefit and share of total costs, which may or may not include indirect costs.
(d) Reimbursements. In furtherance of the requirement in subsection (c), the Secretary of the Interior may make transfers of funds in advance or on a reimbursable basis.Editorial note: The text above is the only information printed on this page of the signed law.
Sec. 401. restriction on use of funds
No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
Sec. 402. obligation of appropriations
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. 403. disclosure of administrative expenses
The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval.
Sec. 404. mining applicationsPatents and trademarks.
(a) None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws.
(b) Determination.Claims.Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date.
(c) On September 30, 2025, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104–208).
(d) In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth inPayment.Contracts. subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors.
Sec. 405. contract support costs, prior year limitation
Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235) shall continue in effect in fiscal year 2024.
Sec. 406. contract support costs, fiscal year 2024 limitation
Amounts provided by this Act for fiscal year 2024 under the headings “Department of Health and Human Services, Indian Health Service, Contract Support Costs” and “Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs” are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2024 with the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years.
Sec. 407. forest management plans
The Secretary of Agriculture shall not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law:Courts. Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis.
Sec. 408. prohibition within national monuments
No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument.
Sec. 409. limitation on takings
Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes.
Sec. 410. prohibition on no-bid contracts
None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless—
(1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 U.S.C. 5301 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 5304(e)); or
(3) such contract was awarded prior to the date of enactment of this Act.
Sec. 411. posting of reports
(a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(b)(1) the public posting of the report compromises national security; or
(b)(2) the report contains proprietary information.
(c) TheTime period. head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.
Sec. 412. national endowment for the arts grant guidelines
Of the funds provided to the National Endowment for the Arts—
(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship.
(2) Procedures. The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects.
Sec. 413. national endowment for the arts program priorities
(a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations.
(b) In this section:
(b)(1) The term “underserved population” means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation.
(b)(2) The term “poverty line” means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved.
(c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts.
(d) Grants.With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965—
(d)(1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States;
(d)(2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1);
(d)(3) theReports. Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and
(d)(4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education.
Sec. 414. status of balances of appropriations
The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act.
Sec. 415. extension of grazing permits
The terms and conditions of section 325 of Public Law 108–108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2024.
Sec. 416. funding prohibition
(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 417. humane transfer and treatment of animals
(a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the “Secretary concerned”), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency.
(c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the “Wild Free-Roaming Horses and Burros Act”) (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not—
(d)(1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product;
(d)(2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or
(d)(3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for—
(e)(1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or
(e)(2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product.
Sec. 418. forest service facility realignment and enhancement authorization extension
Section 503(f) of Public Law 109–54 (16 U.S.C. 580d note) shall be applied by substituting “September 30, 2024” for “September 30, 2019”.
Sec. 419. use of american iron and steel
(a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States.
(a)(2) In this section, the term “iron and steel” products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the “Administrator”) finds that—
(b)(1) applying subsection (a) would be inconsistent with the public interest;
(b)(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(b)(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
(c) Waiver.Public information.Records.Time period.If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request.Web posting. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.
(d) Applicability.This section shall be applied in a manner consistent with United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.
Sec. 420. local cooperator training agreements and transfers of excess equipment and supplies for wildfires
The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations.
Sec. 421. recreation fees
Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting “October 1, 2025” for “September 30, 2019”.
Sec. 422. reprogramming guidelines
None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Sec. 423. local contractors
Section 412 of division E of Public Law 112–74 shall be applied by substituting “fiscal year 2024” for “fiscal year 2019”.
Sec. 424. shasta-trinity marina fee authority authorization extension
Section 422 of division F of Public Law 110–161 (121 Stat 1844), as amended, shall be applied by substituting “fiscal year 2024” for “fiscal year 2019”.
Sec. 425. interpretive association authorization extension
Section 426 of division G of Public Law 113–76 (16 U.S.C. 565a–1 note) shall be applied by substituting “September 30, 2024” for “September 30, 2019”.
Sec. 426. forest botanical products fee collection authorization extension
Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76, shall be applied by substituting “fiscal year 2024” for “fiscal year 2019”.
Sec. 427. chaco canyon
None of the funds made available by this Act may be used to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq., or to offer for oil and gas leasing, any Federal lands within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the explanatory statement described in section 4 in the matter preceding division A of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
Sec. 428. tribal leases
(a) Effective date.Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall commence no earlier than the date of receipt of the lease proposal.
(b) Consultation.The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2024 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent process for the payment of such leases.
Sec. 429. forest ecosystem health and recovery fund
The authority provided under the heading “Forest Ecosystem Health and Recovery Fund” in title I of Public Law 111–88, as amended by section 117 of division F of Public Law 113–235, shall be applied by substituting “fiscal year 2024” for “fiscal year 2020” each place it appears.
Sec. 430. allocation of projects, national parks and public land legacy restoration fund and land and water conservation fund
(a)(1) Deadlines. 54 USC 200303 note.Within 45 days of enactment of this Act, the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2024 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled “Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(a)(2) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2024 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2024” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsections (a)(1) and (a)(2) of this section: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs allocated funds from the National Parks and Public Land Legacy Restoration Fund or the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section.
(c) Reallocation.Requirements.The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s “Contingency Fund” line in the table titled “Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024” to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements:
(c)(1) “Contingency Fund” amounts may only be reallocated if there is a risk to project completion resulting from unforeseen cost overruns;
(c)(2) “Contingency Fund” amounts may only be reallocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and
(c)(3) Notification.The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the “Contingency Fund” line for a project is projected to be 10 percent or greater than the following, as applicable:
(c)(3)(A) The amount allocated to that project in the table titled “Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); or
(c)(3)(B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 431(e) of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328).
(d)(1) Data sheets. Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets for the projects in the “Submission of Annual List of Projects to Congress” required by section 200402(h) of title 54, United States Code: Provided, That the “Submission of Annual 138 STAT. 293 List of Projects to Congress” must include a “Contingency Fund” line for each agency within the allocations defined in subsection (e) of section 200402 of title 54, United States Code: Provided further, That Reallocation.in the event amounts allocated by this Act or any prior Act for the National Parks and Public Land Legacy Restoration Fund are no longer needed to complete a specified project, such amounts may be reallocated in such submission to that agency’s “Contingency Fund” line: Provided further, That any proposals to change the scope of or terminate a previously approved project must be clearly identified in such submission.
(d)(2)(A) Lists.Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate a list of supplementary allocations for Federal land acquisition and Forest Legacy Projects at the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each account for that land management Agency under the allocations submitted under section 200303(c)(1) of title 54, United States Code: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission.
(d)(2)(B) The Federal land acquisition and Forest Legacy projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by subparagraph (A) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated.
(d)(2)(C) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Department of the Interior with the President’s Budget for the projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) for the list of supplementary allocations required by subparagraph (A).
(e) Reports.The Department of the Interior and the Department of Agriculture shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the National Parks and Public Land Legacy Restoration Fund for amounts allocated pursuant to subsection (a)(1) of this section and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy Restoration Fund amounts reallocated pursuant to subsection (c) of this section.
Sec. 431. policies relating to biomass energy
To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly—
(1) ensure that Federal policy relating to forest bioenergy—
(1)(A) is consistent across all Federal departments and agencies; and
(1)(B) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management; and
(2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that—
(2)(A) reflect the carbon neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use;
(2)(B) encourage private investment throughout the forest biomass supply chain, including in—
(2)(B)(i) working forests;
(2)(B)(ii) harvesting operations;
(2)(B)(iii) forest improvement operations;
(2)(B)(iv) forest bioenergy production;
(2)(B)(v) wood products manufacturing; or
(2)(B)(vi) paper manufacturing;
(2)(C) encourage forest management to improve forest health; and
(2)(D) recognize State initiatives to produce and use forest biomass.
Sec. 432. small remote incinerators
None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as “small, remote incinerator” units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date.
Sec. 433. timber sale requirements
No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder.
Sec. 434. transfer authority to federal highway administration for the national parks and public land legacy restoration fund
Funds made available or allocated in this Act to the Department of the Interior or the Department of Agriculture that are subject to the allocations and limitations in 54 U.S.C. 200402(e) and prohibitions in 54 U.S.C. 200402(f) may be further allocated or reallocated to the Federal Highway Administration for transportation projects of the covered agencies defined in 54 U.S.C. 200401(2).
Sec. 435. prohibition on use of funds
Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
Sec. 436. greenhouse gas reporting restrictions
Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems.
Sec. 437. funding prohibition
None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law.
Sec. 438. firefighter pay cap
Section 1701 of division B of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note), as amended by Public Law 117–103,136 Stat. 1116. is further amended—
(1) in subsection (a)(1), by striking the last sentence and inserting “Any Services during a given calendar year that generate payments payable in the subsequent calendar year shall be disregarded in applying this subsection”; and
(2) in subsections (a), (b), and (c) by inserting “or 2024” after “or 2023” each place it appears.
Sec. 439. technical correction
In the table entitled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” in the explanatory statement described in section 4 in the matter preceding division A of Public Law 117–328 and in the table under the heading “Disclosure of Earmarks and Congressionally Directed Spending Items” in such explanatory statement, the project relating to “Historic Campbell Chapel Restoration Committee for the Restoration of Historic Campbell Chapel” is deemed to be amended by striking “Historic Preservation Fund—Save America’s Treasures Grants” and inserting “Historic Preservation Fund—Historic Preservation Fund Grants”.
Sec. 440. alaska native regional health entities authorization extension
Section 424(a) of title IV of division G of the Consolidated Appropriations Act, 2014 (Public Law 113–76) shall be applied by substituting “October 1, 2024” for “December 24, 2022”.
Sec. 441. lava ridge wind project
(a) None of the funds made available by this Act may be obligated or expended for the purpose of granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project, unless or until the Secretary of the Interior, acting through the Bureau of Land Management, has analyzed, in consultation with local elected officials and stakeholders, action alternatives designed to reduce impacts to wildlife, cultural resources, transportation, hunting, wetlands and the connected surface and ground waters. Deadline.The Secretary shall complete such consultations, and seek feedback regarding action alternatives, not later than September 30, 2024, and no funds made available in this Act shall be used for granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project while such consultations and efforts are ongoing.
(b) Reports.Briefing.Prior to granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project, the Secretary shall periodically report to the House and Senate Committees on Appropriations on the status of consultations required under subsection (a) and, once such consultations are complete, provide a briefing to the Committees on the action alternatives and the feedback of local elected officials and stakeholders.
Sec. 442. limitation
If requested by the claimant of any mining claim located within the area covered by Public Land Order 7921, the Bureau of Land Management shall prioritize completion of a validity determination for such claim. Deadline.The Bureau of Land Management shall strive to complete any such validity determination not later than 3 years of receipt of the request.
Sec. 443. good neighbor authority
Section 8206 of the Agriculture Act of 2014 (16 U.S.C. 2113a), as amended by section 8624 of the Agriculture Improvement Act of 2018 (Public Law 115–334) and the Consolidated Appropriation Act, 2023 (Public Law 117–328), is further amended—
(1) in subsection (a)(3)(A), by adding before the period: “; or”
(1)“(iii) National Park System land; or
(1)“(iv) National Wildlife Refuge Land”
(1) ;
(2) in subsection (a)(4)(B)(i), by striking “or” after “National Forest System” and inserting “,”;
(3) in subsection (a)(4)(B)(i), by inserting “, National Park Service, or National Wildlife Refuge” after “Bureau of Land Management”;
(4) in subsection (b)(2)(C)(ii), by striking “2023” and inserting “2024”;
(5) in subsection (b)(4) by striking “land or” and inserting “,”; and
(6) in subsection (b)(4) by inserting “, National Park System, or U.S. Fish and Wildlife Service” after “Bureau of Land Management”.
Sec. 444. forest service nonrecurring expense fund
There is hereby established in the Treasury of the United States a fund to be known as the “Forest Service Nonrecurring Expenses Fund” (the Fund): Provided, That unobligated balances of expired discretionary funds, and discretionary no-year funds at least four years old and deemed by the Chief of the Forest Service no longer needed for their intended purpose, appropriated for this or any succeeding fiscal year from the general fund of the Treasury to the Forest Service by this or any other Act may be transferred into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available, for information technology; administrative expenses such as, but not limited to, utility and lease payments; facilities infrastructure maintenance, improvements, and construction; and roads infrastructure maintenance, subject to approval by the Office of Management and Budget: Provided further, Notifications.Advance approvals.That amounts in the Fund may not be obligated without written notification to and the prior approval of the Committees on Appropriations of the House of Representatives and the Senate in conformance with the reprogramming guidelines described in this Act.
Sec. 445. world war i centennial commission
In addition to the authority provided by section 6(g) of the World War I Centennial Commission Act, as authorized by the World War I Centennial Commission Act (Public Law 112–272) and the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), the World War I Commission may accept money, in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission.
Sec. 446. rescission
Of the unobligated balances from discretionary amounts made available for fiscal year 2020 or prior fiscal years and derived from the Land and Water Conservation Fund, the following are hereby permanently rescinded—
(1) $89,000,000 from National Park Service grant programs with unobligated carryover balances; and
(2) $5,000,000 from the Bureau of Land Management:
Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 447. rescission
Of the unobligated balances from amounts made available by section 11001 of Public Law 117–2, $350,000,000 are hereby permanently rescinded.
Sec. 448. rescission
Of the unobligated balances from amounts made available for fiscal year 2023 or prior fiscal years under the heading “Department of Health and Human Services—Indian Health Service—Indian Health Services” for costs related to or resulting from accreditation emergencies, $90,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 101.
None of the funds made available by this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification.
Sec. 102.
The Secretary shall post on the web site of the Department of Transportation a schedule of all meetings of the Council on Credit and Finance, including the agenda for each meeting, and require the Council on Credit and Finance to record the decisions and actions of each meeting.
Sec. 103.
In addition to authority provided by section 327 of title 49, United States Code, the Department’s Working Capital Fund is authorized to provide partial or full payments in advance and accept subsequent reimbursements from all Federal agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass transportation fringe benefit program under Executive Order No. 13150 and section 3049 of SAFETEA–LU (5 U.S.C. 7905 note): Provided, That the Department shall maintain a reasonable operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to Government employees: Provided further, That Time period.such reserve shall not exceed 1 month of benefits payable and may be used only for the purpose of providing for the continuation of transit benefits:Reimbursement. Provided further, That the Working Capital Fund shall be fully reimbursed by each customer agency from available funds for the actual cost of the transit benefit.
Sec. 104.
Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States Code, for unused transit and van pool benefits, in an amount not to exceed 10 percent of fiscal year 2024 collections, shall be available until expended in the Department’s Working Capital Fund to provide contractual services in support of section 189 of this Act: Provided, That obligations in fiscal year 2024 of such collections shall not exceed $1,000,000.
Sec. 105.
None of the funds in this title may be obligated or expended for retention or senior executive bonuses for an employee of the Department of Transportation without the prior written approval of the Assistant Secretary for Administration.
Sec. 106.
In addition to authority provided by section 327 of title 49, United States Code, the Department’s Administrative Working Capital Fund is hereby authorized to transfer information technology equipment, software, and systems from departmental sources or other entities and collect and maintain a reserve at rates which will return full cost of transferred assets.
Sec. 107.
None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary provides notification in writing to the following committees: the House and Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided, That such notification shall include, but not be limited to, the name of the project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line of credit; and the amount of credit assistance.
Sec. 108.
Of the unobligated balances from amounts made available for “Railroad Rehabilitation and Improvement Financing Program” in section 109 of division L of Public Law 117–103, $8,948,237.30 is hereby permanently rescinded.
Sec. 109.
The Secretary of Transportation may transfer amounts awarded to a federally recognized Tribe under a funding agreement entered into under part 29 of title 49, Code of Federal Regulations, from the Department of Transportation’s Operating Administrations to the Office of Tribal Government Affairs: Provided, That any amounts retroceded or reassumed under such part may be transferred back to the appropriate Operating Administration.
Sec. 109A.
(a) Amounts made available to the Secretary of Transportation or the Department of Transportation’s operating administrations in this Act for the costs of award, administration, or oversight of financial assistance under the programs identified in subsection (c) may be transferred to the account identified in section 801 of division J of Public Law 117–58, to remain available until expended, for the necessary expenses of award, administration, or oversight of any financial assistance programs in the Department of Transportation.
(b) Amounts transferred under the authority in this section are available in addition to amounts otherwise available for such purpose.
(c) The program from which funds made available under this Act may be transferred under subsection (a) are—
(c)(1) the local and regional project assistance program under section 6702 of title 49, United States Code; and
(c)(2) the university transportation centers program under section 5505 of title 49, United States Code.
Sec. 109B.
Of the amounts made available under the heading “National Infrastructure Investments”, up to $35,000,000 shall be available—
(1) First, to fully fund the projects at the amounts for which they applied under section 109B of the Consolidated Appropriations Act, 2023 (division L of Public Law 117–328) and were not fully funded; and
(2) Second, to fund highway infrastructure projects for which the initial grant agreement was executed between January 14, 2021 and February 14, 2021 for awards made from the national infrastructure investments program under title I of division G of the Consolidated Appropriations Act, 2019 (Public Law 116–6):Determination. Provided, That sponsors of projects eligible for funds made available under subsection shall provide sufficient written justification describing, at a minimum, the 138 STAT. 306 current project cost estimate, why the project cannot be completed with the obligated grant amount, and any other relevant information, as determined by the Secretary: Provided further, That funds made available under this subsection shall be allocated to projects eligible to receive funding under this section in order of the date the grant agreements were initially executed: Provided further, That the allocation under the previous proviso will be for the amounts necessary to cover increases to eligible project costs since the grant was obligated, based on the information provided: Provided further, That section 200.204 of title 2, Code of Federal Regulations, shall not apply to amounts made available under this section: Provided further, That the amounts made available under this section shall not be subject to limitations under section 6702(c) of title 49, United States Code: Provided further, That the amounts made available under this section shall not be part of the Federal share of total project costs under section 6702(e)(1) of title 49, United States Code: Provided further, That section 6702(f) of title 49, United States Code, shall not apply to amounts made available under this section: Provided further, That Deadline.Requirements.the Office of the Secretary of Transportation shall provide the amounts allocated to projects under this section no later than 120 days after the date the sufficient written justifications required under this section have been submitted.
Sec. 109C.
For amounts provided for this fiscal year and prior fiscal years, section 24112(c)(2)(B) of Public Law 117–58 shall be applied by substituting “30 percent” for “40 percent”.
Sec. 109D.
The remaining unobligated balances, as of September 30, 2024, from amounts made available for the “Department of Transportation—Office of the Secretary—National Infrastructure Investments” in division L of the Consolidated Appropriations Act, 2021 (Public Law 116–260) are hereby permanently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on September 30, 2024, to remain available until September 30, 2027, and shall be available, without additional competition, for completing the funding of awards made pursuant to the fiscal year 2021 national infrastructure investments program, in addition to other funds as may be available for such purposes: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 109E.
For amounts provided for fiscal year 2024 under the heading “National Infrastructure Investments” in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) to carry out section 6702 of title 49, United States Code, the set aside for historically disadvantaged communities or areas of persistent poverty under subsection (f)(2) of such section shall be applied by substituting “5 percent” for “1 percent” in this fiscal year: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to 138 STAT. 307 legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
Sec. 110.
None of the funds made available by this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2024.
Sec. 111.
None of the funds made available by this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition on the use of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on “below-market” rates for these items or to grant assurances that require airport sponsors to provide land without cost to the Federal Aviation Administration for air traffic control facilities.
Sec. 112.
The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section 41742(a)(1) of title 49, United States Code, from fees credited under section 45303 of title 49, United States Code, and any amount remaining in such account at the close of any fiscal year may be made available to satisfy section 41742(a)(1) of title 49, United States Code, for the subsequent fiscal year.
Sec. 113.
Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes as such appropriation.
Sec. 114.
None of the funds made available by this Act shall be available for paying premium pay under section 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay.
Sec. 115.
None of the funds made available by this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card.
Sec. 116.
Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner’s or operator’s aircraft registration number, Mode S transponder code, flight identification, call sign, or similar identifying information from any ground based display to the public that would allow the real-time or near real-time flight tracking of that aircraft’s movements, except data made available to a Government agency, for the noncommercial flights of that owner or operator.
Sec. 117.
None of the funds made available by this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration.
Sec. 118.
None of the funds made available by this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order No. 13642.
Sec. 119.
None of the funds made available by this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full business days in advance.
Sec. 119A.
None of the funds made available by or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 119B.
None of the funds made available by this Act may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new application for participation in the contract tower program, or for reevaluation of cost-share program participants so long as the Federal Aviation Administration has received an application from the airport, and so long as the Administrator determines such tower is eligible using the factors set forth in Federal Aviation Administration published establishment criteria.
Sec. 119C.
None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act.
Sec. 119D.
The Federal Aviation Administration Administrative Services Franchise Fund may be reimbursed after performance or paid in advance from funds available to the Federal Aviation Administration and other Federal agencies for which the Fund performs services.
Sec. 119E.
None of the funds appropriated or otherwise made available to the FAA may be used to carry out the FAA’s obligations under section 44502(e) of title 49, United States Code, unless the eligible air traffic system or equipment to be transferred to the FAA under section 44502(e) of title 49, United States Code, was purchased by the transferor airport—
(1) during the period of time beginning on October 5, 2018 and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports located in a non-contiguous States.
Sec. 119F.
Of the funds provided under the heading “Grants-in-aid for Airports”, up to $3,500,000 shall be for necessary expenses, including an independent verification regime, to provide reimbursement to airport sponsors that do not provide gateway operations and providers of general aviation ground support services, or other aviation tenants, located at those airports closed during a temporary flight restriction (TFR) for any residence of the President that is designated or identified to be secured by the United States Secret Service, and for direct and incremental financial losses incurred while such airports are closed solely due to the actions of the Federal Government:Audit. Provided, That no funds shall be obligated or distributed to airport sponsors that do not provide gateway operations and providers of general aviation ground support services until an independent audit is completed: Provided further, That losses incurred as a result of violations of law, or through fault or negligence, of such operators and service providers or of third parties (including airports) are not eligible for reimbursements: Provided further, That obligation and expenditure of funds are conditional upon full release of the United States Government for all claims for financial losses resulting from such actions.
Sec. 119G.
Of the unobligated balances available to the Federal Aviation Administration, the following funds are hereby permanently rescinded:
(1) $1,590,528.89 from funds made available for “Federal Aviation Administration—Facilities and Equipment”, which were to remain available until expended, by title I of Public Law 104–50; and
(2) $2,878.02 from funds made available for “Federal Aviation Administration—Facilities and Equipment” by chapter 10, division B, of Public Law 108–324.
Sec. 119H.
None of the funds made available in this or any other Act shall be used to facilitate the assignment of individuals from a private-sector organization to the FAA to serve on a temporary basis.
Sec. 120.
(a) For fiscal year 2024, the Secretary of Transportation shall—
(a)(1) not distribute from the obligation limitation for Federal-aid highways—
(a)(1)(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and
(a)(1)(B) amounts authorized for the Bureau of Transportation Statistics;
(a)(2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts—
(a)(2)(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and
(a)(2)(B) for which obligation limitation was provided in a previous fiscal year;
(a)(3) Determination.determine the proportion that—
(a)(3)(A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(a)(3)(B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
(a)(4) Distribution.Applicability. distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States Code, by multiplying—
(a)(4)(A) the proportion determined under paragraph (3); by
(a)(4)(B) the amounts authorized to be appropriated for each such program for such fiscal year; and
(a)(5) Distribution. distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that—
(a)(5)(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to
(a)(5)(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year.
(b) The obligation limitation for Federal-aid highways shall not apply to obligations under or for—
(b)(1) section 125 of title 23, United States Code;
(b)(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(b)(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
(b)(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(b)(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
(b)(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);
(b)(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);
(b)(8) Time period. section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);
(b)(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
(b)(10) Time period. section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);
(b)(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and
(b)(12) Time period. section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2024, only in an amount equal to $639,000,000).
(c) Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year—
(c) 138 STAT. 321
(c)(1) Revision.revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and
(c)(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141) and 104 of title 23, United States Code.
(d)(1) Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under—
(d)(1)(A) chapter 5 of title 23, United States Code;
(d)(1)(B) title VI of the Fixing America’s Surface Transportation Act; and
(d)(1)(C) title III of division A of the Infrastructure Investment and Jobs Act (Public Law 117–58).
(d)(2) Obligation authority made available under paragraph (1) shall—
(d)(2)(A) Time period. remain available for a period of 4 fiscal years; and
(d)(2)(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(e)(1) NotDeadline. later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
(e)(1)(A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and
(e)(1)(B) Determination. the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year.
(e)(2) Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5).
(e)(3) Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.
Sec. 121.
Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of title 49, United States Code, may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses.
Sec. 122.
Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Web posting.Secretary shall post on a website any waivers granted under the Buy America requirements.
Sec. 123.
None of the funds made available in this Act may be used to make a grant for a project under section 117 of title 23, United States Code, unless the Secretary, at least 60 days before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the amount of the proposed grant award.
Sec. 124.
(a) A State or territory, as defined in section 165 of title 23, United States Code, may use for any project eligible under section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, and any associated obligationNotification.Reports. limitation: Provided, That the Department of Transportation for the State or territory for which the earmarked amount was originally designated or directed notifies the Secretary of its intent to use its authority under this section and submits an annual report to the Secretary identifying the projects to which the funding wouldTime period. be applied. Notwithstanding the original period of availability of funds to be obligated under this section, such funds and associated obligation limitation shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which the Secretary is notified. The Federal share of the cost of a project carried out with funds made available under this section shall be the same as associated with the earmark.
(b) Definition.Time period.In this section, the term “earmarked amount” means—
(b)(1) congressionally directed spending, as defined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or
(b)(2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration.
(c) Effective date.Applicability.Certifications. The authority under subsection (a) may be exercised only for those projects or activities that have obligated less than 10 percent of the amount made available for obligation as of October 1 of the current fiscal year, and shall be applied to projects within the same general geographic area within 25 miles for which the funding was designated, except that a State or territory may apply such authority to unexpended balances of funds from projects or activities the State or territory certifies have been closed and for which payments have been made under a final voucher.
(d) Reports.The Secretary shall submit consolidated reports of the information provided by the States and territories annually to the House and Senate Committees on Appropriations.
Sec. 125.
(a) Of the unallocated and unobligated balances available to the Federal Highway Administration, the following funds are hereby permanently rescinded, subject to subsections (b) and (c), from the following accounts and programs in the specified amounts:
(a)(1) $48,346,377.35 from funds available in the “Surface Transportation Priorities” account (69 X 0538);
(a)(2) $1,839,129.40 from funds available in the “Delta Regional Transportation Development Program” account (69 X 0551);
(a)(3) $11,064,579.57 from funds available in the “Appalachian Development Highway System” account (69 X 0640);
(a)(4) $9,264.22 from funds available in the “Highway Beautification” account (69 X 0540);
(a)(5) $1,375,400 from funds available in the “State Infrastructure Banks” account (69 X 0549);
(a)(6) $90,435 from funds available in the “Railroad-Highway Crossings Demonstration Projects” account (69 X 0557);
(a)(7) $5,211,248.53 from funds available in the “Interstate Transfer Grants—Highway” account (69 X 0560);
(a)(8) $133,231.12 from funds available in the “Kentucky Bridge Project” account (69 X 0572);
(a)(9) $2,887.56 from funds available in the “Highway Demonstration Project—Preliminary Engineering” account (69 X 0583);
(a)(10) $149,083.06 from funds available in the “Highway Demonstration Projects” account (69 X 0598); and
(a)(11) $68,438.40 from funds available in the “Miscellaneous Highway Projects” account (69 X 0641).
(b) No amounts may be rescinded under subsection (a) from any funds for which a State exercised its authority under section 125 of division L of Public Law 114–113, section 422 of division K of Public Law 115–31, section 126 of division L of Public Law 115–141, section 125 of division G of Public Law 116–6, section 125 of division H of Public Law 116–94, section 124 of division L of Public Law 116–260, section 124 of division L of Public Law 117–103, or section 124 of division L of Public Law 117–328.
(c) No amounts may be rescinded under subsection (a) from any amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 126.
(a) Notwithstanding any other provision of law, $200,000,000 from the funds described in subsection (b), in addition to amounts made available in paragraph (9) under the heading “Highway Infrastructure Programs”, shall be available for a competitive highway bridge program for States that—
(a)(1) have a population density of less than 115 individuals per square mile; and
(a)(2) have—
(a)(2)(A) less than 26 percent of total bridges classified as in good condition; or
(a)(2)(B) greater than or equal to 5.2 percent of total bridges classified as in poor condition:
(a) Provided, That any such State with more than 14 percent of total bridges classified as in poor condition shall receive not less than $32,500,000 of the funds made available under this subsection or in paragraph (9) under the heading “Highway Infrastructure Programs” for grant applications for projects eligible under this subsection:Determination. Provided further, That if the Secretary determines that eligible applications from any such State meeting the criteria under the preceding proviso are insufficient to make awards of at least 138 STAT. 324 $32,500,000, the Secretary shall use the unutilized amounts to provide other grants to States eligible under this subsection: Provided further, That the funds made available under this subsection shall be used for highway bridge replacement or rehabilitation projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects and, except as otherwise provided in this section, shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That the requirements of section 144(j)(5) of title 23, United States Code, shall not apply to funds made available under this subsection: Provided further, That for purposes of this subsection, the Secretary shall calculate population density figures based on the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code:Calculation. Provided further, That for purposes of this subsection, the Secretary shall calculate the percentages of bridge counts (including the percentages of bridge counts classified as in poor and good condition) based on the national bridge inventory as of June 2023:Applicability. Provided further, That section 11101(e) of the Infrastructure Investment and Jobs Act (Public Law 117–58) shall apply to funds made available under this subsection.
(b) Funds described in this subsection are any funds that—
(b)(1) are unobligated on the date of enactment of this Act; and
(b)(2) were made available for credit assistance under—
(b)(2)(A) the transportation infrastructure finance and innovation program under subchapter II of chapter 1 of title 23, United States Code, as in effect prior to August 10, 2005; or
(b)(2)(B) the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code.
(c) Funds made available under subsection (a) for a competitive highway bridge program for States shall—
(c)(1) be subject to the obligation limitation for Federal-aid highway and highway safety construction programs; and
(c)(2) unless otherwise specified in this section, remain available until September 30, 2027.
(d) The obligation limitation made available under section 120(a)(2) that is associated with funds made available under subsection (a) shall—
(d)(1) remain available until September 30, 2027; and
(d)(2) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
Sec. 130. administrative provisions—federal motor carrier safety administration
The Federal Motor Carrier Safety Administration shall send notice of section 385.308 of title 49, Code of Federal Regulations, violations by certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violations.
Sec. 131.
None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.
Sec. 140. administrative provisions—national highway traffic safety administration
The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used.
Sec. 141.
An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff.
Sec. 150.
The amounts made available to the Secretary or to the Federal Railroad Administration for the costs of award, administration, and project management oversight of financial assistance which are administered by the Federal Railroad Administration, in this and prior Acts, may be transferred to the Federal Railroad Administration’s “Financial Assistance Oversight and Technical Assistance” account for the necessary expenses to support the award, administration, project management oversight, and technical assistance of financial assistance administered by the Federal Railroad Administration, in the same manner as appropriated for in this and prior Acts: Provided, That this section shall not apply to amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 151.
None of the funds made available to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided,That the Waiver authority.Determination. President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency of the system: Provided further, Reports. Summary.That the President of Amtrak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of enactment of this Act, a summary of all overtime payments incurred by Amtrak for 2023 and the three prior calendar years: Provided further, That such summary shall include the total number of employees that received waivers and the total overtime payments Amtrak paid to employees receiving waivers for each month for 2023 and for the three prior calendar years.
Sec. 152.
None of the funds made available to the National Railroad Passenger Corporation under the headings “Northeast Corridor Grants to the National Railroad Passenger Corporation” and “National Network Grants to the National Railroad Passenger Corporation” may be used to reduce the total number of Amtrak Police Department uniformed officers patrolling on board passenger trains or at stations, facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 153.
None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).
Sec. 154.
Of the unobligated balances of funds remaining from—
(1) “Northeast Corridor Improvement Program” account totaling $126,348 appropriated by Public Law 114–113 is hereby permanently rescinded;
(2) “Railroad Safety Grants” account totaling $81,257.66 appropriated by Public Law 113–235 is hereby permanently rescinded;
(3) “Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service” account totaling $53,118,096.83 appropriated by Public Law 111–117 is hereby permanently rescinded;
(4) “Next Generation High-Speed Rail” account totaling $94.94 appropriated by Public Law 108–447 is hereby permanently rescinded; and
(5) “Grants to the National Railroad Passenger Corporation” account totaling $678.16 appropriated by Public Law 108–447 is hereby permanently rescinded.
Sec. 155.
It is the sense of Congress that—
(1) long-distance passenger rail routes provide much-needed transportation access for 4,700,000 riders in 325 communities in 40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the National Network (as defined in section 24102 of title 49, United States Code).
Sec. 160.
The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation.
Sec. 161.
Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading “Capital Investment Grants” of the Federal Transit Administration for projects specified in this Act not obligated by September 30, 2027, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.
Sec. 162.
Notwithstanding any other provision of law, any funds appropriated before October 1, 2023, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section.
Sec. 163.
None of the funds made available by this Act or any other Act shall be used to adjust apportionments or withhold funds from apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164.
None of the funds made available by this Act or any other Act shall be used to impede or hinder project advancement or approval for any project seeking a Federal contribution from the capital investment grants program of greater than 40 percent of project costs as authorized under section 5309 of title 49, United States Code.
Sec. 165.
Of the unobligated balances made available before October 1, 2013 for “Transit Research” in Treasury Account 69–X–1137, $977,955 is hereby permanently rescinded.
Sec. 170. administrative provisions—maritime administration
Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided, That payments received therefor shall be credited to the appropriation charged with the cost thereof and shall remain available until expended: Provided further, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be deposited into the Treasury as miscellaneous receipts.
Sec. 171.
There is hereby appropriated $12,000,000, to remain available until expended, for expenses necessary for the Secretary of Transportation to enter into a contract to complete the designs of ten sealift vessels for the National Defense Reserve Fleet.
Sec. 180.
(a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of the Department of Transportation or an operating administration of the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or contracted for.
Sec. 181.
Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.
Sec. 182.
(a) No recipient of amounts made available by this Act shall disseminate personal information (as defined in section 2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as provided in section 2721 of title 18, United States Code, for a use permitted under section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a State is in noncompliance with this provision.
Sec. 183.
None of the funds made available by this Act shall be available for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation.
Sec. 184.
Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s “Federal-Aid Highways” account and to the Federal Railroad Administration’s “Safety and Operations” account, except for State rail safety inspectors participating in training pursuant to section 20105 of title 49, United States Code.
Sec. 185.
None of the funds made available by this Act or in title VIII of division J of Public Law 117–58 to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, letter of intent, federally funded cooperative agreement, full funding grant agreement, or discretionary grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement is announced by the Department or its operating administrations:List. Provided, That the Secretary of Transportation shall provide the House and Senate Committees on Appropriations with a comprehensive list of all such loans, loan guarantees, lines of credit, letters of intent, federally funded cooperative agreements, full funding grant agreements, and discretionary grants prior to the notification required under the preceding proviso:Notifications. Provided further, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any “quick release” of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not available for obligation.
Sec. 186.
Rebates, refunds, incentive payments, minor fees, and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to organizational units of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended.
Sec. 187.
Notwithstanding any other provision of law, if any funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and Senate Committees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Senate Committees on Appropriations:Deadline. Provided, That the Secretary of Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days after the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations.
Sec. 188.
Funds appropriated by this Act to the operating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable operating administration or administrations.
Sec. 189.
The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media.
Sec. 190.
The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 or 23 of the United States Code utilizing geographic, economic, or any other hiring preference not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a recipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable statewide transportation improvement program or transportation improvement program.
Sec. 191.
The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices.
Sec. 192.
None of the funds made available in this Act may be used in contravention of the American Security Drone Act of 2023 (subtitle B of title XVIII of division A of Public Law 118–31).
Sec. 201.
Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate.
Sec. 202.
None of the funds made available by this Act may be used to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction.
Sec. 203.
Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204.
Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
Sec. 205.
Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress.
Sec. 206.
Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2024 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government.
Sec. 207.
The Secretary shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request.
Sec. 208.
None of the funds made available by this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209.
(a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2024 and 2025, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects.
(b) Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the following conditions:
(c)(1)(A) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects.
(c)(1)(B) Determination.For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority.
(c)(2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with State or Federal requirements for community integration and reduced concentration of individuals with disabilities.
(c)(3) Standards.The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary.
(c)(4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials.
(c)(5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy.
(c)(6) Determination.The Secretary determines that this transfer is in the best interest of the tenants.
(c)(7) Waiver authority.Determination.If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects.
(c)(8) Records.If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions.
(c)(9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such increased cost.
(d) Definitions.For purposes of this section—
(d)(1) the terms “low-income” and “very low-income” shall have the meanings provided by the statute and/or regulations governing the program under which the project is insured or assisted;
(d)(2) the term “multifamily housing project” means housing that meets one of the following conditions—
(d)(2)(A) housing that is subject to a mortgage insured under the National Housing Act;
(d)(2)(B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act;
(d)(2)(C) housing that is assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
(d)(2)(D) housing that is assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act;
(d)(2)(E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 8013); or
(d)(2)(F) housing or vacant land that is subject to a use agreement;
(d)(3) the term “project-based assistance” means—
(d)(3)(A) assistance provided under section 8(b) of the United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(d)(3)(B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983);
(d)(3)(C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(d)(3)(D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1);
(d)(3)(E) assistance payments made under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(d)(3)(F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2));
(d)(4) the term “receiving project or projects” means the multifamily housing project or projects to which some or all of the project-based assistance, debt, and statutorily required low-income and very low-income use restrictions are to be transferred;
(d)(5) the term “transferring project” means the multifamily housing project which is transferring some or all of the project-based assistance, debt, and the statutorily required low-income and very low-income use restrictions to the receiving project or projects; and
(d)(6) the term “Secretary” means the Secretary of Housing and Urban Development.
(e) The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties.
Sec. 210.
(a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual who—
(a)(1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002));
(a)(2) is under 24 years of age;
(a)(3) is not a veteran;
(a)(4) is unmarried;
(a)(5) does not have a dependent child;
(a)(6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such section 8 as of November 30, 2005;
(a)(7) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and
(a)(8) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
(b) Determination.For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts received for tuition and any other required fees and charges) that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except for a person over the age of 23 with dependent children.
Sec. 211.
The funds made available for Native Alaskans under paragraph (1) under the heading “Native American Programs” in title II of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005, and only such recipients shall be eligible to apply for funds made available under paragraph (2) of such heading.
Sec. 212.
Notwithstanding any other provision of law, in fiscal year 2024, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. Determination.Contracts.To the extent the Secretary determines, in consultation with the tenants and the local government that such a multifamily property owned or having a mortgage held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (in this section “MAHRAA”) (42 U.S.C. 1437f note), and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. Contracts.Notification.Notice.The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership. After disposition of any multifamily property described in this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA.
Sec. 213.
Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided, That an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements.
Sec. 214.
With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement, and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d), (e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way the use of capital funds for central office costs pursuant to paragraph (1) or (2) of section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts from the operating fund in excess of the amounts permitted under paragraph (1) or (2) of section 9(g).
Sec. 215.
No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appropriation under the accounts “Executive Offices”, “Administrative Support Offices”, “Program Offices”, “Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account”, and “Office of Inspector General” within the Department of Housing and Urban Development.
Sec. 216.
The Secretary shall, for fiscal year 2024, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Web posting.Determination.Notwithstanding any other provision of law, for fiscal year 2024, the Secretary may make the NOFO available only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary.
Sec. 217.
Payment of attorney fees in program-related litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations.
Sec. 218.
The Secretary is authorized to transfer up to 10 percent or $5,000,000, whichever is less, of funds appropriated for any office under the headings “Administrative Support Offices” or “Program Offices” to any other such office under such headings: Provided, That Advance approval.no appropriation for any such office under such headings shall be increased or decreased by more than 10 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate Committees on Appropriations: Provided further, That Notification.Deadline.the Secretary shall provide notification to such Committees 3 business days in advance of any such transfers under this section up to 10 percent or $5,000,000, whichever is less.
Sec. 219.
(a) Determination.Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a multifamily housing project with a contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for similar project-based assistance—
(b)(1) receives a failing score under the Uniform Physical Condition Standards (UPCS) or successor standard; or
(b)(2) Certification.Deadlines.fails to certify in writing to the Secretary within 3 days that all Exigent Health and Safety deficiencies, or those deficiencies requiring correction within 24 hours, identified by the inspector at the project have been corrected.
(b) Requirements.Applicability.Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to such units assisted under section 8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public housing units assisted with capital or operating funds under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Deadline.Notice.Timetable.Determination.Within 15 days of the issuance of the Real Estate Assessment Center (“REAC”) inspection, the Secretary shall provide the owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all Records.deficiencies. The Secretary shall provide a copy of the Notice of Default to the tenants, the local government, any mortgagees, and any contract administrator. If the owner’s appeal results in a passing score, the Secretary may withdraw the Notice of Default.
(c)(2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary may—
(c)(2)(A) Requirement.require immediate replacement of project management with a management agent approved by the Secretary;
(c)(2)(B) Penalties.impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty;
(c)(2)(C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected;
(c)(2)(D) pursue transfer of the project to an owner, approved by the Secretary under established procedures, who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered;
(c)(2)(E) transfer the existing section 8 contract to another project or projects and owner or owners;
(c)(2)(F) pursue exclusionary sanctions, including suspensions or debarments from Federal programs;
(c)(2)(G) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies;
(c)(2)(H) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third-party that requires time to effectuate; or
(c)(2)(I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary.
(d) Contracts.Notification.The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants. Determination.To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of—
(d)(1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (“MAHRAA”); and
(d)(2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.
(e) The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have failing physical inspection scores or have received an unsatisfactory management and occupancy review within the past 36 months. The report shall include—
(e)(1) identification of the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times;
(e)(2) identification of actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and
(e)(3) Recommenda-tions.any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract.
(e) The first report shall be submitted to the Senate and House Committees on Appropriations not later than 30 days after the enactment of this Act, and the second report shall be submitted within 180 days of the transmittal of the first report.
Sec. 220.
None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any public housing agency for any amount of salary, including bonuses, for the chief executive officer of which, or any other official or employee of which, that exceeds the annual rate of basic pay payable for a position at level IV of the Executive Schedule at any time during any public housing agency fiscal year 2024.
Sec. 221.
None of the funds made available by this Act and provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, Tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices: Provided, That such notification shall list each grant award by State and congressional district.
Sec. 222.
None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Association, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State.
Sec. 223.
None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) with respect to grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 224.
Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming requirements in section 405 of this Act.
Sec. 225.
None of the funds provided in this Act or any other Act may be used for awards, including performance, special act, or spot, for any employee of the Department of Housing and Urban Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not be effective prior to the effective date of any such administrative discipline or after any final decision over-turning such discipline.
Sec. 226.
With respect to grant amounts awarded under the heading “Homeless Assistance Grants” for fiscal years 2015 through 2024 for the continuum of care (CoC) program as authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipient’s CoC program.
Sec. 227.
(a) From amounts made available under this title under the heading “Homeless Assistance Grants”, the Secretary may award 1-year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) to transition from one continuum of care program component to another.
(b) Requirements.Determination.In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary.
Sec. 228.
The promise zone designations and promise zone designation agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements.
Sec. 229.
Any public housing agency designated as a Moving to Work agency pursuant to section 239 of division L of Public Law 114–113 (42 U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use funds (except for special purpose funding, including special purpose vouchers) previously allocated to any such public housing agency under section 8 or 9 of the United States Housing Act of 1937, including any reserve funds held by the public housing agency or funds held by the Department of Housing and Urban Development, pursuant to the authority for use of section 8 or 9 funding provided under such section and section 204 of title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public Law 104–134; 110 Stat. 1321–28), notwithstanding the purposes for which such funds were appropriated.
Sec. 230.
None of the amounts made available by this Act may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading “Public Housing Fund” for competitive grants to evaluate and reduce lead-based paint hazards in this Act or that remain available and not awarded from prior Acts, or be used to prohibit a public housing agency from using such funds to carry out any required work pursuant to a settlement agreement, consent decree, voluntary agreement, or similar document for a violation of the lead safe housing or lead disclosure rules.
Sec. 231.
The language under the heading “Rental Assistance Demonstration” in the Department of Housing and Urban Development Appropriations Act, 2012 (title II of division C of Public Law 112–55), as most recently amended by Public Law42 USC 1437f note. 117–103, is further amended—
(1) in the initial undesignated matter, by striking “and ‘Public Housing Operating Fund’ ” and inserting “, ‘Public Housing Operating Fund’, and ‘Public Housing Fund’ ”;
(2) in the second proviso, by striking “2024” and inserting “2029”;
(3) Contracts.after the fourth proviso, by inserting the following new provisos: “Provided further,Requirements. That at properties with assistance under section 9 of the Act requesting to partially convert such assistance, and where an event under section 18 of the Act occurs that results in the eligibility for tenant protection vouchers under section 8(o) of the Act, the Secretary may convert the tenant protection voucher assistance to assistance under a project-based subsidy contract under section 8 of the Act, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997, or assistance under section 8(o)(13) of the Act, so long as the property meets any additional requirements established by the Secretary to facilitate conversion: Provided further, That to facilitate the conversion of assistance under the previous proviso, the Secretary may transfer an amount equal to the total amount that would have been allocated for tenant protection voucher assistance for properties that have requested such conversions from amounts made available for tenant protection voucher assistance under the heading ‘Tenant-Based Rental Assistance’ to the heading ‘Project-Based Rental Assistance’: Provided further, That at properties with assistance previously converted hereunder to assistance under the heading ‘Project-Based Rental Assistance,’ which are also separately assisted under section 8(o)(13) of the Act, the Secretary may, with the consent of the public housing agency and owner, terminate such project-based subsidy contracts and immediately enter into one new project-based subsidy contract under section 8 of the Act, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997, subject to the requirement that any residents assisted under section 8(o)(13) of the Act at the time of such termination of such project-based subsidy contract shall retain all rights accrued under section 8(o)(13)(E) of the Act under the new project-based subsidy contract and section 8(o)(13)(F)(iv) of the Act shall not apply: Provided further, That to carry out the previous proviso, the Secretary may transfer from the heading ‘Tenant-Based Rental Assistance’ to the heading ‘Project-Based Rental Assistance’ an amount equal to the amounts associated with such terminating contract under section 8(o)(13) of the Act:”;
(4) in the fourteenth proviso, as reordered above, by—
(4)(A) inserting “ ‘Public Housing Fund’, ‘Self-Sufficiency Programs’, ‘Family Self-Sufficiency’ ” following “ ‘Public Housing Operating Fund’,”; and
(4)(B) inserting “or the ongoing availability of services for residents” after “effective conversion of assistance under the demonstration”;
(5) after the twenty-fourth proviso, as reordered above, by inserting the following proviso: “Provided further, Contracts.Requirements.That owners of properties with a senior preservation rental assistance contract under section 811 of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note), shall be eligible, subject to requirements established by the Secretary as necessary to facilitate the conversion of assistance while maintaining the affordability period and the designation of the property as serving elderly families, and tenant consultation procedures, for conversion of assistance available for such assistance contracts to assistance under a long-term project-based subsidy contract under section 8 of the Act:”;
(6) in the twenty-ninth proviso, as reordered above, by inserting “, section 811 of the American Homeownership and Economic Opportunity Act of 2000,” after “Housing Act of 1959”; and
(7) in the thirty-fourth proviso, as reordered above, by striking “any section 202 project rental assistance contract or section 811 project rental assistance contract conversions” and inserting “the conversion of assistance from section 202(c)(2) of the Housing Act of 1959, section 811 of the American Homeownership and Economic Opportunity Act of 2000, or section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act”.
Sec. 232.
For fiscal year 2024, if the Secretary determines or has determined, for any prior formula grant allocation administered by the Secretary through the Offices of Public and Indian Housing, Community Planning and Development, or Housing, that a recipient received an allocation greater than the amount such recipient should have received for a formula allocation cycle pursuant to applicable statutes and regulations, the Secretary may adjust for any such funding error in the next applicable formula allocation cycle by (a) offsetting each such recipient’s formula allocation (if eligible for a formula allocation in the next applicable formula allocation cycle) by the amount of any such funding error, and (b) reallocating any available balances that are attributable to the offset to the recipient or recipients that would have been allocated additional funds in the formula allocation cycle in which any such error occurred (if such recipient or recipients are eligible for a formula allocation in the next applicable formula allocation cycle) in an amount proportionate to such recipient’s eligibility under the next applicable formula allocation cycle: Provided,Records.Reallocations. That all offsets and reallocations from such available balances shall be recorded against funds available for the next applicable formula allocation cycle: Provided further,Definition. That the term “next applicable formula allocation cycle” means the first formula allocation cycle for a program that is reasonably available for correction following such a Secretarial determination: Provided further,Determination. That if, upon request by a recipient and giving consideration to all Federal resources available to the recipient for the same grant purposes, the Secretary determines that the offset in the next applicable formula allocation cycle would critically impair the recipient’s ability to accomplish the purpose of the formula grant, the Secretary 138 STAT. 384 may adjust for the funding error across two or more formula allocation cycles.
Sec. 233.
The Secretary may transfer from amounts made available for salaries and expenses under this title (excluding amounts made available under the heading “Office of Inspector General”) to the heading “Information Technology Fund” for information technology needs, including for additional development, modernization, and enhancement, to remain available until September 30, 2026: Provided, That the total amount of such transfers shall not exceed $5,000,000: Provided further, That this transfer authority shall not be used to fund information technology projects or activities that have known out-year development, modernization, or enhancement costs in excess of $500,000: Provided further,Notification.Deadline. That the Secretary shall provide notification to the House and Senate Committees on Appropriations no fewer than 3 business days in advance of any such transfer.
Sec. 234.
The Secretary shall comply with all process requirements, including public notice and comment, when seeking to revise any annual contributions contract.
Sec. 235.
There is hereby established in the Treasury of the United States a fund to be known as the “Department of Housing and Urban Development Nonrecurring Expenses Fund” (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Housing and Urban Development by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which they were appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, in addition to such other funds as may be available for such purposes, for capital needs of the Department, including facilities infrastructure and information technology infrastructure, subject to approval by the Office of Management and Budget: Provided further, That Notification.Time period.amounts in the Fund may be obligated only after the House and Senate Committees on Appropriations are notified at least 15 days in advance of the planned use of funds.
Sec. 236.
(a) Of the unobligated balances from amounts made available under the heading “Lead Hazard Reduction” in title II of division L of the Consolidated Appropriations Act, 2022 (Public Law 117–103), $65,000,000 is hereby permanently rescinded from the amounts specified in paragraph (1) under such heading (excluding amounts for areas with the highest lead-based paint abatement needs).
(b) Of the unobligated balances from amounts made available under the heading “Public Housing Fund” in title II of division L of the Consolidated Appropriations Act, 2023 (Public Law 117–328), $20,000,000 is hereby permanently rescinded from the amounts specified in paragraph (7) under such heading.
(c) Any unobligated balances (including any unobligated balances of contract authority) included under Treasury Appropriation Fund Symbols 86 X 0129, 86 X 0148, 86 X 0197, 86 X 0314, 86 X 0315, 86 X 0324, 86 X 0402, 86 X 4058 and 86 X 8093 are hereby permanently rescinded.
(d) Any unobligated balances from amounts made available under the heading “Self-Help and Assisted Homeownership Opportunity Program” for the program authorized under section 1079 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) are hereby permanently rescinded.
Sec. 237.
None of the funds made available to the Department of Housing and Urban Development in this or prior Acts may be used to issue a solicitation or accept bids on any solicitation that is substantially equivalent to the draft solicitation entitled “Housing Assistance Payments (HAP) Contract Support Services (HAPSS)” posted to www.Sam.gov on July 27, 2022.
Sec. 238.
None of the amounts made available in this Act may be used to consider family self-sufficiency performance measures or performance scores in determining funding awards for programs receiving family self-sufficiency program coordinator funding provided in this Act.
Sec. 239.
(a) Funds previously made available in the Consolidated Appropriations Act, 2017 (Public Law 115–31) for the “Choice Neighborhoods Initiative” that were available for obligation through fiscal year 2019 are to remain available through fiscal year 2025 for the liquidation of valid obligations incurred in fiscal years 2017 through 2019.
(b) Funds previously made available in the Consolidated Appropriations Act, 2018 (Public Law 115–141) for the “Choice Neighborhoods Initiative” that were available for obligation through fiscal year 2020 are to remain available through fiscal year 2026 for the liquidation of valid obligations incurred in fiscal years 2018 through 2020.
(c) Funds previously made available in the Consolidated Appropriations Act, 2019 (Public Law 116–6) for the “Choice Neighborhoods Initiative” that were available for obligation through fiscal year 2021 are to remain available through fiscal year 2027 for the liquidation of valid obligations incurred in fiscal years 2019 through 2021.
(d) Funds previously made available in the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) for the “Choice Neighborhoods Initiative” that were available for obligation through fiscal year 2022 are to remain available through fiscal year 2028 for the liquidation of valid obligations incurred in fiscal years 2020 through 2022.
(e) Funds previously made available in the Consolidated Appropriations Act, 2021 (Public Law 116–260) for the “Choice Neighborhoods Initiative” that were available for obligation through fiscal year 2023 are to remain available through fiscal year 2029 for the liquidation of valid obligations incurred in fiscal years 2021 through 2023.
(f) Funds previously made available in the Consolidated Appropriations Act, 2018 (Public Law 115–141) for “Lead Hazard Reduction” that were available for obligation through fiscal year 2019 are to remain available through fiscal year 2026 for the liquidation of valid obligations incurred in fiscal years 2018 through 2019.
Sec. 240.
Of the amounts made available for the Office of Policy Development and Research under the heading “Program Offices”, up to $3,500,000, to remain available until September 30, 2026, may be transferred to the heading “Information Technology Fund” to be available for the needs of the Chief Data Officer, in addition to amounts otherwise available, including for additional development, modernization, and enhancement: Provided,Notification.Deadline. That the 138 STAT. 386 Secretary shall notify the House and Senate Committees on Appropriations no fewer than 3 business days in advance of any such transfer.
Sec. 241.
Section 239 of division L of the Consolidated Appropriations Act, 2016 (Public Law 114–113)42 USC 1437f note. is amended by striking “2028” and inserting “2038”.
Sec. 242.
For fiscal years 2024 and 2025, the Secretary may issue a 2-year notification of funding opportunity, including any alternative procedures or requirements as may be necessary to allocate future appropriations in the second year, for the award of amounts made available for the continuum of care program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.), notwithstanding any conflict with the requirements of the continuum of care program.
Sec. 243.
The Secretary may, upon a finding that a waiver or alternative requirement is necessary for the effective delivery and administration of funds made available for new incremental voucher assistance or renewals for the mainstream program and the family unification program (including the foster youth to independence program) in this and prior Acts, waive or specify alternative requirements, other than requirements related to tenant rights and protections, rent setting, fair housing, nondiscrimination, labor standards, and the environment, for—
(1) section 8(o)(6)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions related to the administration of waiting lists, local preferences, and the initial term and extensions of tenant-based vouchers; and
(2) section 8(x)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)(2)) regarding the timing of referral of youth leaving foster care.
138 STAT. 387
Sec. 401.
None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402.
None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.
Sec. 403.
The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law.
Sec. 404.
(a) None of the funds made available in this Act may be obligated or expended for any employee training that—
(a)(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;
(a)(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(a)(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;
(a)(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
(a)(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.
Sec. 405.
Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or
(7) Advance approval.creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations:
Provided, Reports.That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include—
(A) a table for each appropriation with a separate column to display the prior year enacted level, the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(B) Applicability.a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the table accompanying the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), accompanying reports of the House and Senate Committees on Appropriations, or in the budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and
(C) an identification of items of special congressional interest.
Sec. 406.
Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024 from appropriations made available for salaries and expenses for fiscal year 2024 in this Act, shall remain available through September 30, 2025, for each such account for the purposes authorized: Provided, Advance approval.Expenditure requests.That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these Compliance.requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
Sec. 407.
No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, That for purposes of this section, public use shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use of funds for mass transit, railroad, airport, seaport or highway projects, as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water-related and wastewater-related infrastructure), other structures designated for use by the general public or which have other 138 STAT. 391 common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107–118) shall be considered a public use for purposes of eminent domain.
Sec. 408.
None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
Sec. 409.
No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known as the “Buy American Act”).
Sec. 410.
No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 8301–8305).
Sec. 411.
None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations.
Sec. 412.
None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided, That Definition.for purposes of this section the term “international conference” shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations.
Sec. 413.
None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code.
Sec. 414.
(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 415.
(a) None of the funds made available in this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General’s right of access.
(b) A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner.
(c) Compliance.Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement.
Sec. 416.
None of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417.
No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto.
Sec. 418.
(a) None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise preclude the Secretary of Transportation from granting a foreign air carrier permit or an exemption to such an air carrier where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law.
Sec. 419.
(a) In the table of projects in the explanatory statement referenced in section 417 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 (division L of Public Law 117–103)—
(a)(1) the item relating to “Midland Center for the Arts only for structural improvements” is deemed to be amended by striking recipient “City of Midland” and inserting “Midland Center for the Arts”;
(a)(2) the item relating to “Barren County Fiscal Court—Chapatcha Industrial Park Development” is deemed to be amended by striking project “Barren County Fiscal Court—Chapatcha Industrial Park Development” and inserting “Barren County Fiscal Court—Chapatcha Industrial Park or South Cooper Industrial Park Development”;
(a)(3) the item relating to “Pasco County Board of County Commissioners—Rural Northwest Pasco Community Park Site Acquisition” is deemed to be amended by striking “Northwest” and inserting “Northeast”;
(a)(4) the item relating to “Wood County Development Authority—Site Readiness & Redevelopment Downtown Parkersburg” is deemed to be amended by striking “Wood County Development Authority—Site Readiness & Redevelopment Downtown Parkersburg” and inserting “Redevelopment of Downtown Parkersburg”;
(a)(5) the item relating to “Rosemary’s Way Penacook Affordable Housing” is deemed to be amended by striking recipient “CATCH Neighborhood Housing” and inserting “Concord Area Trust for Community Housing”;
(a)(6) the item relating to “Lead Safe Home Fund” is deemed to be amended by striking recipient “Lead Safe Cleveland Coalition” and inserting “Mt. Sinai Health Care Foundation”;
(a)(7) the item relating to “Boys & Girls Club in Miami Gardens” is deemed to be amended by striking “Club in Miami Gardens” and inserting “Clubs within the Miami-Dade area”;
(a)(8) the item relating to “Acquisition of new commercial space” is deemed to be amended by striking “Acquisition of new commercial space” and inserting “Renovation of community center”;
(a)(9) the item relating to “North Commons Regional Vision” is deemed to be amended by striking recipient “Minneapolis Park and Recreation Board” and inserting “City of Minneapolis”;
(a)(10) the item relating to “Electric school bus and associated electric vehicle (EV) charging infrastructure” is deemed to be amended by striking recipient “Falls Church City Public Schools” and inserting “City of Falls Church”;
(a)(11) the item relating to “A PLACE 4 ALICE facility improvement” is deemed to be amended by striking “A PLACE 4 ALICE facility improvement” and inserting “Affordable Housing and Community Facilities”; and
(b) In the table of projects entitled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement for division L of the Consolidated Appropriations Act, 2023 (Public Law 117–328) described in section 4 in the matter preceding division A of such Act—
(b)(1) the item relating to “River Road Homes Affordable Housing Infrastructure” is deemed to be amended by striking recipient “Town of Canaan” and inserting “Falls Village Housing Trust Inc.”;
(b)(2) the item relating to “The Star Community Family Life Center” is deemed to be amended by striking recipient “The Star Community Family Life Center” and inserting “MSBC Five Star Program, Inc.”;
(b)(3) the item relating to “Early Learning Childcare Center Construction” (recipient “The Caring Place”) is deemed to be amended by striking “Early Learning Childcare Center Construction” and inserting “CARE Center construction”;
(b)(4) the item relating to “Upper Bucks Rail Trail” is deemed to be amended by striking recipient “Appalachian Mountain Club” and inserting “The County of Bucks”;
(b)(5) the item relating to “YMCA & Albion College Initiative of the Washington Gardner Center Building Renovation and Expansion” is deemed to be amended by striking “YMCA & Albion College Initiative of the Washington Gardner Center Building Renovation and Expansion” and inserting “Site improvements”;
(b)(6) the item relating to “Wood County Industrial Site Readiness and Redevelopment” is deemed to be amended by striking “Wood County Industrial Site Readiness & Redevelopment” and inserting “Redevelopment of Downtown Parkersburg”;
(b)(7) the item relating to “B–360 Educational Campus” is deemed to be amended by striking “I Am Mentality, Inc.” and inserting “B–360 Baltimore, Inc.”;
(b)(8) the item relating to “Riverbrook Regional YMCA” is deemed to be amended by striking recipient “Riverbrook Regional Young Men’s Christian Association, Inc.” and inserting “City of Norwalk”;
(b)(9) the item relating to “Miami Veterans Housing Project” is deemed to be amended by striking recipient “United Way Miami” and inserting “CRC Leadership, Inc.”;
(b)(10) the item relating to “Supportive Living, Community Day Services, and Housing Site Project for Adults with Intellectual and Developmental Disabilities” is deemed to be amended by striking “, Community Day Services, and Housing”;
(b)(11) the item relating to “Public Library Addition” is deemed to be amended by striking “Addition” and inserting “Renovation”;
(b)(12) the item relating to “Renovation of Snelling Motel to Affordable Housing for Veterans” is deemed to be amended by striking “Snelling Motel to” and inserting “Hotel for”;
(b)(13) the item relating to “Indigenous Farm Hub” is deemed to be amended by striking recipient “Tides Center” and inserting “Native American Community Academy Inspired Schools Network (NISN)”;
(b)(14) the item relating to “El Centro de la Raza—Pattison’s West Community Campus Property Acquisition” is deemed to be amended by striking “El Centro de la Raza—Pattison’s West Community Campus Property Acquisition” and inserting “Pattison’s West Community Campus”;
(b)(15) the item relating to “Road Raising & Flood Resiliency for Amity Harbor and American Venice Project” is deemed to be amended by striking “Road Raising & Flood Resiliency for Amity Harbor and American Venice Project” and inserting “Town of Babylon Federal Aid Roadway Improvement Project”;
(b)(16) the item relating to “Dayton International Airport (DAY)—Northeast Logistics Access Project” is amended by striking “Dayton International Airport (DAY)—Northeast Logistics Access Project” and inserting “Infrastructure capital improvements, including street, wastewater and sewer line improvements”;
(b)(17) the item relating to “Help Me Grow Skagit Family Resource Center Expansion” is deemed to be amended by striking recipient “Children’s Council of Skagit County” and inserting “Children’s Museum of Skagit County”; and
(b)(18) the item relating to “Permanent Supportive Housing Properties Acquisition” is deemed to be amended by striking “Permanent Supportive Housing Properties Acquisition” and inserting “Permanent Supportive Housing Acquisition, Development and Rehabilitation”.
Sec. 420.
None of the funds made available by this Act may be used by the Secretary of Housing and Urban Development in contravention of section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 421.
None of the funds made available by this Act to the Department of Transportation may be used in contravention of section 306108 of title 54, United States Code.
Sec. 422.
None of the funds made available by this or any other Act may be used to require the use of inward facing cameras or require a motor carrier to register an apprenticeship program with the Department of Labor as a condition for participation in the safe driver apprenticeship pilot program.
Sec. 423.
None of the funds made available by this Act may be used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled “Affirmatively Furthering Fair Housing” (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled “Affirmatively Furthering Fair Housing Assessment Tool” (79 Fed. Reg. 57949 (September 26, 2014)).
Sec. 424.
None of the funds made available by this Act may be used in contravention of existing Federal law regarding non-citizen eligibility and ineligibility for occupancy in federally assisted housing or for participation in and assistance under Federal housing programs, including section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) and title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.).
Sec. 425.
Section 127 of title 23, United States Code, is amended by inserting at the end the following:
“(x)“(1) The State of Mississippi may allow, by special permit, the operation of a covered agricultural vehicle on the Interstate System in the State of Mississippi if such vehicle does not exceed—
“(x)“(1) “(A) a gross vehicle weight of 88,000 pounds; and
“(x)“(1) “(B) 110 percent of the maximum weight on any axle or axle group described in subsection (a)(2), including any enforcement tolerance.
“(x)“(2) In this subsection, the term ‘covered agricultural vehicle’ means a vehicle that is transporting unprocessed agricultural crops used for food, feed or fiber, or raw or unfinished forest products, including logs, pulpwood, biomass or wood chips.
“(y)“(1) The State of West Virginia may allow, by special permit, the operation of a vehicle that is transporting materials and equipment on the Interstate System in the State of West Virginia if such vehicle does not exceed 110 percent of the maximum weight on any axle or axle group described in subsection (a)(2), including any enforcement tolerance, provided the remaining gross vehicle weight requirements of subsection (a) are met.
“(y)“(2) In this subsection, the term ‘materials and equipment’ means materials and equipment that are used on a project eligible under this chapter.”
.
Sec. 426.
None of the funds appropriated or made available by this division for the Department of Transportation for fiscal year 2024 may be used to enforce a mask mandate in response to the COVID–19 virus.
SEC. 101. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) is amended by striking “and $536,986,301 for the period beginning on January 20, 2024, and ending on March 8, 2024” and inserting “$536,986,301 for the period beginning on January 20, 2024, and ending on March 8, 2024, and $3,592,328,767 for the period beginning on October 1, 2023, and ending on December 31, 2024”.
(b) Section 10503(b)(2)(I) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(2)(I)) is amended by striking “and $41,616,438 for the period beginning on January 20, 2024, and ending on March 8, 2024” and inserting “$41,616,438 for the period beginning on January 20, 2024, and ending on March 8, 2024, and $297,013,699 for the period beginning on October 1, 2023, and ending on December 31, 2024”.
(c)(1) Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g)(1)) is amended by striking “and $16,982,192 for the period beginning on January 20, 2024, and ending on March 8, 2024” and inserting “$16,982,192 for the period beginning on January 20, 2024, and ending on March 8, 2024, and $164,136,986 for the period beginning on October 1, 2023, and ending on December 31, 2024”.
(c)(2) Section 340H(b)(2) of the Public Health Service Act (42 U.S.C. 256h(b)(2)) is amended by adding at the end the following:
(c)(2)“(C) Notwithstanding any provision of this section, for the period beginning on October 1, 2023, and ending on December 31, 2024, the Secretary may use any amounts made available in any fiscal year to carry out this section (including amounts recouped under subsection (f)) to make payments described in paragraphs (1)(A) and (1)(B), in addition to the total amount of funds appropriated under subsection (g).”
(c)(2) .
(c)(3) For the period beginning on October 1, 2023, and ending on December 31, 2024, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report specifying—
(c)(3)(A) the total amount of funds recouped under subsection (f) of section 340H of the Public Health Service Act (42 U.S.C. 256h);
(c)(3)(B) the rationale for the funds being recouped; and
(c)(3)(C) the total amount of funds recouped under subsection (f) of such section 340H that were used pursuant to subsection (b)(2)(C) of such section 340H to adjust total payment amounts above the total amounts appropriated under subsection (g) of such section 340H, as amended by paragraph (3).
(d) Amounts appropriated pursuant to the amendments made by this section shall be subject to the requirements contained in Public Law 117–328 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254b et seq.).
(e) Section 3014(h)(4) of title 18, United States Code, is amended by striking “and section 101(d) of the Further Additional Continuing Appropriations and Other Extensions Act, 2024” and inserting “section 101(d) of the Further Additional Continuing Appropriations and Other Extensions Act, 2024, and section 101(d) of the Consolidated Appropriations Act, 2024”.
SEC. 102. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Section 330B(b)(2)(E) of the Public Health Service Act (42 U.S.C. 254c–2(b)(2)(E)) is amended by striking “and $20,136,986 for the period beginning on January 20, 2024, and ending on March 8, 2024” and inserting “$20,136,986 for the period beginning on January 20, 2024, and ending on March 8, 2024, and $130,000,000 for the period beginning on March 9, 2024, and ending on December 31, 2024”.
(b) Section 330C(c)(2)(E) of the Public Health Service Act (42 U.S.C. 254c–3(c)(2)(E)) is amended by striking “and $20,136,986 for the period beginning on January 20, 2024, and ending on March 8, 2024” and inserting “$20,136,986 for the period beginning on January 20, 2024, and ending on March 8, 2024, and $130,000,000 for the period beginning on March 9, 2024, and ending on December 31, 2024”.
SEC. 103. NATIONAL HEALTH SECURITY EXTENSIONS.
(a) Section 319(e)(8) of the Public Health Service Act (42 U.S.C. 247d(e)(8)) is amended by striking “March 8, 2024” and inserting “December 31, 2024”.
(b) Section 319L(e)(1)(D) of the Public Health Service Act (42 U.S.C. 247d–7e(e)(1)(D)) is amended by striking “March 8, 2024” and inserting “December 31, 2024”.
(c) Section 319L–1(b) of the Public Health Service Act (42 U.S.C. 247d–7f(b)) is amended by striking “March 8, 2024” and inserting “December 31, 2024”.
(d)(1) Section 2811A(g) of the Public Health Service Act (42 U.S.C. 300hh–10b(g)) is amended by striking “March 8, 2024” and inserting “December 31, 2024”.
(d)(2) Section 2811B(g)(1) of the Public Health Service Act (42 U.S.C. 300hh–10c(g)(1)) is amended by striking “March 8, 2024” and inserting “December 31, 2024”.
(d)(3) Section 2811C(g)(1) of the Public Health Service Act (42 U.S.C. 300hh–10d(g)(1)) is amended by striking “March 8, 2024” and inserting “December 31, 2024”.
(e) Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh–11(c)(4)(B)) is amended by striking “March 8, 2024” and inserting “December 31, 2024”.
SEC. 201. REQUIREMENT FOR STATE MEDICAID PLANS TO PROVIDE COVERAGE FOR MEDICATION-ASSISTED TREATMENT.
(a) Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—
(a)(1) in subsection (a)(29), by striking “for the period beginning October 1, 2020, and ending September 30, 2025,” and inserting “beginning on October 1, 2020,”; and
(a)(2) Certification.in subsection (ee)(2), by striking “for the period specified in such paragraph, if before the beginning of such period the State certifies to the satisfaction of the Secretary” and inserting “if such State certifies, not less than every 5 years and to the satisfaction of the Secretary,”.
(b) Section 1006(b)(4)(A) of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (42 U.S.C. 1396a note) is amended by striking “, and before October 1, 2025”.
SEC. 202. COLLECTION AND REPORTING OF COMPREHENSIVE DATA FOR SPECIFIED POPULATIONS ENROLLED IN MEDICAID AND CHIP.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following new section:
“SEC. 1948. 42 USC 1396w–8.COLLECTION AND REPORTING OF COMPREHENSIVE DATA FOR SPECIFIED POPULATIONS.“(a) Recurring Analysis and Publication of Health Care Data Related to Treatment for Substance Use Disorder or a Mental Health Condition.—“(1) Public information.Web posting.In general.—The Secretary, on an annual basis, shall link, analyze, and publish on a publicly available website data reported by States through the Transformed Medicaid Statistical Information System (T–MSIS) (or a successor system) relating to substance use disorder and mental health services provided to individuals enrolled under a State plan under this title or a State child health plan under title XXI (or under a waiver of such plans) who have been diagnosed with a substance use disorder or mental health condition, including an analysis that is disaggregated by age.Privacy. Such enrollee information shall be de-identified of any personally identifying information, shall adhere to privacy standards established by the Department of Health and Human Services, and shall be aggregated to protect the privacy of enrollees, as necessary. “(2) District of Columbia.Territories.Requirements.—The analysis required under paragraph (1) shall include, at a minimum, the following data for each State (including, to the extent available, for the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa):“(A) The number and percentage of individuals enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) in each of the major enrollment categories (as 138 STAT. 400 defined in a public letter from the Medicaid and CHIP Payment and Access Commission to the Secretary) who have been diagnosed with—“(i) a substance use disorder; “(ii) a mental health condition; or “(iii) a co-occurring substance use disorder and mental health condition. “(B) List.With respect to individuals enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) who have received a diagnosis described in subparagraph (A), a list of the substance use disorder and mental health treatment services, including, to the extent such data are available, specific adult and pediatric services by each major type of service, such as counseling, intensive home-based services, intensive care coordination, crisis services tailored to children and youth, peer support services, family-to-family support, inpatient hospitalization, medication-assisted treatment, residential treatment, and other appropriate services as identified by the Secretary, for which beneficiaries in each State received at least 1 service under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans). “(C) With respect to each diagnosis described in subparagraph (A), the number and percentage of individuals enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) who have such diagnosis and received services for such diagnosis under such plan or waiver by each major type of treatment service listed under subparagraph (B) within each major setting type, such as outpatient, inpatient, residential, and other home-based and community-based settings. “(D) The number of services provided under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) per individual enrolled under such plan or waiver who has a diagnosis described in subparagraph (A) for each such diagnosis and each major type of treatment service listed under subparagraph (B). “(E) The number and percentage of individuals enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) by major enrollment category, who have a diagnosis described in subparagraph (A) and received substance use disorder or mental health treatment through—“(i) a Medicaid managed care entity (as defined in section 1932(a)(1)(B)), including the number of such individuals who received such assistance through a prepaid inpatient health plan (as defined by the Secretary) or a prepaid ambulatory health plan (as defined by the Secretary); “(ii) a fee-for-service payment model; or “(iii) an alternative payment model, to the extent available.138 STAT. 401 “(F) The number and percentage of individuals enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) who have a diagnosis described in subparagraph (A) and received services for a mental health condition or a substance use disorder in an outpatient or community-based or home-based setting after receiving mental health or substance use disorder services in an inpatient or residential setting, and the number of mental health or substance use disorder services received by such individuals in the outpatient or community-based or home-based setting. “(G) The number and percentage of inpatient admissions in which services for a mental health condition or substance use disorder were provided to an individual enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) that occurred within 30 days after discharge from a hospital or residential facility in which services for a mental health condition or substance use disorder previously were provided to such individual, disaggregated by each diagnosis described in subparagraph (A) and type of facility, to the extent such information is available. “(H) The number of emergency department visits by an individual enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) who has a diagnosis described in subparagraph (A) within 7 days of such individual being discharged from an inpatient stay at a hospital during which services for a mental health condition or substance use disorder were provided, or from a mental health facility, an independent psychiatric wing of an acute care hospital, an intermediate care facility for individuals with intellectual disabilities, or a residential treatment facility, disaggregated by each diagnosis described in subparagraph (A) and type of facility, to the extent such information is available. “(I) Assessments.The number and percentage of individuals who are enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) and received an assessment for a mental health condition. “(J) Assessments.The number and percentage of individuals who are enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) and received an assessment for a substance use disorder. “(K) Assessments.The number of mental health services provided to individuals enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) who received an assessment described in subparagraph (I) in the 30 days post-assessment. “(L) Assessments.The number of substance use disorder treatment services provided to individuals enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) who received 138 STAT. 402 an assessment described in subparagraph (J) in the 30 days post-assessment. “(M) Prescription National Drug Code codes, fill dates, and number of days supply of any covered outpatient drug (as defined in section 1927(k)(2)) that was dispensed to an individual enrolled under the State plan under this title or the State child health plan under title XXI (or under a waiver of such plans) with an episode described in subparagraph (G) or (H) during any period that occurs after the individual’s discharge date defined in subparagraph (G) or (H) (as applicable), and before the admission date applicable under subparagraph (G) or the date of the emergency department visit applicable under subparagraph (H) that were—“(i) to treat a mental health condition; or “(ii) to treat a substance use disorder. “(b) Deadlines.Publication.—“(1) Public information.Analysis.In general.—Not later than 18 months after the date of enactment of this section, the Secretary shall make publicly available the first analysis required by subsection (a). “(2) Annual updates.—The Secretary shall issue an updated version of the analysis required under subsection (a) not later than January 1 of each calendar year. “(3) Use of t–msis data.—The analysis required under subsection (a) and updates required under paragraph (4) shall—“(A) use data and definitions from the T–MSIS data set that is no more than 12 months old on the date that the analysis or update is published; and “(B) as appropriate, include a description with respect to each State of the quality and completeness of the data and caveats describing the limitations of the data reported to the Secretary by the State that is sufficient to communicate the appropriate uses for the information. “(4) Revised publication.—Beginning not later than 3 years after the date of enactment of this section, the Secretary annually shall publish a revised publication of the analysis required by subsection (a) that allows for a research-ready and publicly accessible interface of the publication and is developed after consultation with stakeholders on the usability of the data contained in the publication. “(5) Making t-msis data on substance use disorders and mental health conditions available to researchers.—“(A) Requirement to publish system of records notice.—“(i) Federal Register, publication.In general.—Subject to subparagraph (B), the Secretary shall publish in the Federal Register a system of records notice for the data specified in clause (ii) for the Transformed Medicaid Statistical Information System, in accordance with section 552a(e)(4) of title 5, United States Code. The notice shall outline policies that protect the security and privacy of the data that, at a minimum, meet the security and privacy policies of SORN 09-70-0541 for the Medicaid Statistical Information System. “(ii) District of Columbia.Territories.Required data.—The data covered by the systems of records notice required under clause (i) shall be sufficient for researchers and States to analyze 138 STAT. 403 the prevalence of conditions described in subsection (a)(2)(A) in the Medicaid and Children’s Health Insurance Program beneficiary population and the treatment of such conditions under Medicaid across all States (including the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), forms of treatment, and treatment settings. “(iii) Initiation of data-sharing activities.—Not later than January 1, 2025, the Secretary shall initiate the data-sharing activities outlined in the notice required under clause (i). “(B) Satisfaction of requirement through existing system of records notice.Determination.—The Secretary shall not be required to publish a new system of records notice as required under subparagraph (A) if, not later than January 1, 2025, the Secretary determines that the system of records notice published by the Secretary in the Federal Register on February 6, 2019 (84 Fed. Reg. 2230), satisfies the requirements described in subparagraph (A).”
.
SEC. 203. MONITORING PRESCRIBING OF ANTIPSYCHOTIC MEDICATIONS.
(a) Section 1902(oo)(1)(B) of the Social Security Act (42 U.S.C. 1396a(oo)(1)(B)) is amended—
(a)(1) in the subparagraph heading, by striking “by children”;
(a)(2) by striking “children enrolled” and inserting “children generally, children in foster care specifically, individuals over the age of 18 receiving home and community-based services (as defined in section 9817(a)(2)(B) of Public Law 117–2), and individuals over the age of 18 residing in institutional care settings (including nursing facilities, intermediate care facilities for individuals with intellectual disabilities, institutions for mental diseases, inpatient psychiatric hospitals, and other such institutional care settings) enrolled”; and
(a)(3) by striking “not more than the age of 18 years” through the period at the end and inserting “subject to the program, including information with respect to each such category of children and individuals over the age of 18.”.
(b) The amendments made by subsection (a) shall take effect on the date that is 24 months after the date of enactment of this Act.
SEC. 204. EXTENSION OF STATE OPTION TO PROVIDE MEDICAL ASSISTANCE FOR CERTAIN INDIVIDUALS IN INSTITUTIONS FOR MENTAL DISEASES.
(a) Section 1915(l)(1) of the Social Security Act (42 U.S.C. 1396n(l)(1)) is amended by striking “With respect to calendar quarters beginning during the period beginning October 1, 2019, and ending September 30, 2023,” and inserting “With respect to calendar quarters beginning on or after October 1, 2019,”.
(b) Section 1915(l)(3) of the Social Security Act (42 U.S.C. 1396n(l)(3)) is amended—
(b)(1) in subparagraph (A)—
(b)(1)(A) by striking “other than under this title from non-Federal funds” and all that follows through “subparagraph (B))” and inserting “from non-Federal funds for items and services (including services described in subparagraph (B))”; and
(b)(1)(B) by striking “such items and services” and all that follows through the period and inserting
(b)(1)(B)“(i) fiscal year 2018; or
(b)(1)(B)“(ii) the most recently ended fiscal year as of the date the State submits a State plan amendment to the Secretary to provide such medical assistance in accordance with this subsection.”
(b)(1)(B) ;
(b)(2) in subparagraph (B), by striking “subparagraph (A)(ii)” and inserting “subparagraph (A)”; and
(b)(3) by adding at the end the following new subparagraph:
(b)(3)“(D) Effective date.In the case of a State with a State plan amendment in effect on September 30, 2023, for the 1-year period beginning on the date of enactment of this subparagraph, the provisions of subparagraph (A) shall be applied as if the amendments to such subparagraph made by the Consolidated Appropriations Act, 2024 had never been made.”
(b)(3) .
(c)(1)(A) Section 1915(l)(4) of the Social Security Act (42 U.S.C. 1396n(l)(4)) is amended—
(c)(1)(A)(i) in subparagraph (A), by striking “through (D)” and inserting “through (F)”;
(c)(1)(A)(ii) in subparagraph (B)—
(c)(1)(A)(ii)(I) by striking “Prior to approval of a State plan amendment under this subsection, the State shall notify the Secretary of how the State will ensure” and inserting “The State shall have in place evidence-based, substance use disorder-specific individual placement criteria and utilization management approaches to ensure placement of eligible individuals in an appropriate level of care, including criteria and approaches to ensure”; and
(c)(1)(A)(ii)(II) Notification.by adding at the end the following sentence: “The State shall notify the Secretary at such time and in such form and manner as the Secretary shall require of such criteria and utilization management approaches.”; and
(c)(1)(A)(iii) by adding at the end the following new subparagraph:
(c)(1)(A)(iii)“(E) The State shall, using nationally recognized substance use disorder-specific program standards, have in place a process to review the compliance of eligible institutions for mental diseases with such program standards specified by the State.”
(c)(1)(A)(iii) .
(c)(1)(B) The amendments made by subparagraph (A) shall apply with respect to States providing medical assistance for items and services pursuant to a State plan amendment under section 1915(l) of the Social Security Act (42 U.S.C. 1396n(l)) in calendar quarters beginning on or after October 1, 2025.
(c)(2) Section 1915(l)(4) of the Social Security Act (42 U.S.C. 1396n(l)(4)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraph:42 USC 1396n note.
(c)(2)“(F)“(i) The State shall, not later than 12 months after the approval of a State plan amendment described in this subsection (or, in the case of a State that has such an amendment approved as of September 30, 2023, not later than 12 months after the date of enactment of this subparagraph), commence an assessment of—
(c)(2)“(F)“(i)“(I) the availability of treatment for individuals enrolled under a State plan under this title (or waiver of such plan) in each level of care described in subparagraph (C), including how such availability varies by region of the State; and
(c)(2)“(F)“(i)“(II) the availability of medication-assisted treatment and medically supervised withdrawal management services for such individuals, including how such availability varies by region of the State.
(c)(2)“(F)“(ii) The State shall complete an assessment described in clause (i) not later than 12 months after the date the State commences such assessment.”
(c)(2) .
(c)(3) Section 1915(l) of the Social Security Act (42 U.S.C. 1396n(l)) is amended—
(c)(3)(A) in paragraph (4)(C)(ii), by striking “problems in Dimensions 1, 2, or 3” each place it appears and inserting “conditions”; and
(c)(3)(B) in paragraph (7), by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively.
(d) Notwithstanding section 430.20 of title 42, Code of Federal Regulations, the Secretary of Health and Human Services may approve a request to renew a State plan amendment under section 1915(l) of the Social Security Act (42 U.S.C. 1396n(l)) with an effective date of October 1, 2023, if the State making such request—
(d)(1) had approval for a State plan amendment under such section as of September 30, 2023; and
(d)(2) submits the request to renew such amendment not later than 60 days after the date of enactment of this Act.
SEC. 205. PROHIBITION ON TERMINATION OF ENROLLMENT DUE TO INCARCERATION.
(a)(1) Section 1902(a)(84)(A) of the Social Security Act (42 U.S.C. 1396a(a)(84)(A)), as amended by section 5122(a)(2) of the Consolidated Appropriations Act, 2023 (Public Law 117–328), 136 Stat. 5944.is further amended—
(a)(1)(A) by striking “under the State plan” and inserting “under the State plan (or waiver of such plan)”;
(a)(1)(B) by striking “who is an eligible juvenile (as defined in subsection (nn)(2))”;
(a)(1)(C) by striking “because the juvenile” and inserting “because the individual”;
(a)(1)(D) by striking “during the period the juvenile” and inserting “during the period the individual”;
(a)(1)(E) by inserting “such an individual who is an eligible juvenile (as defined in subsection (nn)(2)) and” after “or in the case of”; and
(a)(1)(F) by striking “paragraph (31)” and inserting “the last numbered paragraph”.
(a)(2) The amendments made by—
(a)(2)(A) subparagraph (A) of paragraph (1) shall take effect on the date of the enactment of this Act; and
(a)(2)(B) subparagraphs (B) through (F) of paragraph (1) shall take effect on January 1, 2026.
(b)(1) Section 2102(d)(1)(A) of the Social Security Act (42 U.S.C. 1397bb(d)(1)(A)) is amended—
(b)(1)(A) by inserting “or pregnancy-related” after “child health”;
(b)(1)(B) by inserting “or targeted low-income pregnant woman” after “targeted low-income child”;
(b)(1)(C) by inserting “or pregnant woman” after “because the child”; and
(b)(1)(D) by inserting “or pregnant woman” after “during the period the child”.
(b)(2) The amendments made by paragraph (1) shall apply beginning January 1, 2026.
(c)(1) Section 1902(nn)(2)(A) of the Social Security Act (42 U.S.C. 1395a(a)(nn)(2)(A)) is amended by striking “State plan” and inserting “State plan (or waiver of such plan)”.
(c)(2) Section 1902(nn)(3) of the Social Security Act (42 U.S.C. 1396a(nn)(3)), is amended by striking “paragraph (31)” and inserting “the last numbered paragraph”.
(c)(3) Section 5122(a)(1) of the Consolidated Appropriations Act, 2023 (Public Law 117–328)42 USC 1396d. is amended by striking “after” and all that follows through the period at the end and inserting “after ‘or in the case of an eligible juvenile described in section 1902(a)(84)(D) with respect to the screenings, diagnostic services, referrals, and targeted case management services required under such section’.”.
(c)(4) The fifth sentence of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking “paragraph (30)” and inserting “the last numbered paragraph”.
SEC. 206. ADDRESSING OPERATIONAL BARRIERS TO PROMOTE CONTINUITY OF CARE FOR MEDICAID AND CHIP BENEFICIARIES FOLLOWING INCARCERATION.
(a)(1) Not later than 12 months after the date of enactment of this Act, the Secretary shall award grants to States for the purpose of developing operational capabilities to promote continuity of care for individuals who are inmates of a public institution and are eligible for medical assistance under the State Medicaid program or are eligible for child health assistance or pregnancy-related assistance under the State CHIP.
(a)(2) A State may use funds awarded under a grant under this subsection for activities and expenses related to complying with the requirement described in section 1902(a)(84)(A) of the Social Security Act (42 U.S.C. 1396a(a)(84)(A)) that a State shall not terminate eligibility for medical assistance, complying with the requirements of sections 1902(a)(84)(D) and 2102(d) of the Social Security Act (42 U.S.C. 1396a(a)(84)(D), 1397bb(d)), or adopting the State plan options described in the subdivision (A) following the last numbered paragraph of section 1905(a) and 2110(b)(7) of the Social Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), or other activities and expenses to promote continuity of care for individuals described in paragraph (1). Such activities and expenses may include—
(a)(2)(A) identifying and addressing operational gaps with respect to complying with such requirements or adopting such options, in collaboration with public institutions, State human services agencies, Medicaid managed care plans, providers, community-based organizations, and other stakeholders;
(a)(2)(B) establishing standardized processes and automated systems for activities that may include, but are not limited to—
(a)(2)(B)(i) Determinations.determining whether an individual is enrolled in a State Medicaid program or State CHIP at the time such individual becomes an inmate of a public institution;
(a)(2)(B)(ii) allowing an individual who is an inmate of a public institution to submit an application to enroll or renew coverage in a State Medicaid program or State CHIP prior to the individual’s release from such public institution;
(a)(2)(B)(iii) facilitating the delivery of medical assistance under the State Medicaid program or child health assistance or pregnancy-related assistance under the State CHIP to an individual who is eligible for such assistance while the individual is an inmate of a public institution, such as by establishing claims processing and prior authorization request protocols; and
(a)(2)(B)(iv) in the case of an eligible individual whose coverage under a State Medicaid program or State CHIP was suspended while the individual was an inmate of a public institution, restoring such coverage upon such individual’s release from the public institution;
(a)(2)(C) investing in information technology to—
(a)(2)(C)(i) enable bi-directional information sharing between public institutions, the State Medicaid and CHIP agencies, and other entities such as managed care plans and providers (in a manner consistent with applicable State and Federal privacy laws), to support care transitions and coordination of treatment (including access to care in the community after release from a public institution); and
(a)(2)(C)(ii) develop indicators to ensure Federal financial participation for medical assistance furnished under a State Medicaid program or child health assistance or pregnancy-related assistance furnished under a State CHIP is available only for medical assistance or child health assistance or pregnancy-related assistance for items and services for which such participation is permitted while an individual is an inmate of a public institution; and
(a)(2)(D) establishing oversight and monitoring processes to ensure public institutions and entities with which they contract are compliant with any applicable Medicaid and CHIP requirements.
(a)(3) A State shall not use funds from a grant awarded under this subsection to—
(a)(3)(A) provide medical assistance under a State Medicaid program or child health assistance or pregnancy-related assistance under a State CHIP to an individual, or otherwise directly administer health care services for an individual; or
(a)(3)(B) build prisons, jails, or other carceral facilities, or pay for prison, jail, or other carceral facility-related improvements other than those improvements that are for the direct and primary purpose of meeting the health care needs of individuals who are incarcerated and who are eligible for medical assistance under the State Medicaid program or child health assistance or pregnancy-related assistance under the State CHIP.
(a)(4) In determining the amount of a grant to award to a State that applies for a grant under this subsection, the Secretary shall consider the following factors, relative to other States applying for grants under this subsection:
(a)(4)(A) The number of individuals in the State who were inmates of non-Federal public institutions (such as State prisons, local and county jails, tribal jails, and youth correctional or detention facilities) and were eligible for medical assistance under a State Medicaid program at any time in calendar year 2022.
(a)(4)(B) The number of non-Federal public institutions in the State (such as State prisons, local and county jails, tribal jails, and youth correctional or detention facilities).
(a)(4)(C) The State’s progress in developing, implementing, and operating initiatives to promote continuity of care for individuals who are inmates of a public institution and are eligible for medical assistance under the State Medicaid program or are eligible for child health assistance or pregnancy-related assistance under the State CHIP (with favorable consideration given to States with less progress in promoting continuity of care for such individuals).
(a)(5) There is appropriated to the Secretary for fiscal year 2024, out of any funds in the Treasury not otherwise appropriated, $113,500,000, to remain available until expended, for the purposes of awarding and administering grants to States under this subsection.
(b) 138 STAT. 409
(b)(1) Not later than 18 months after the date of enactment of this Act, the Secretary shall issue detailed guidance to States that addresses common implementation and operational challenges States face in ensuring access to authorized high-quality, timely, accessible care before, during, and after incarceration for individuals who are eligible for medical assistance under a State Medicaid program or child health assistance or pregnancy-related assistance under a State CHIP.
(b)(2)(A) The guidance required under paragraph (1) shall address challenges States face, or are likely to face, in complying with the requirement described in section 1902(a)(84)(A) of the Social Security Act (42 U.S.C. 1396a(a)(84)(A)) that a State shall not terminate eligibility for medical assistance, complying with the requirements of sections 1902(a)(84)(D) and 2102(d) of the Social Security Act (42 U.S.C. 1396a(a)(84)(D), 1397bb(d)), adopting the State plan options described in the subdivision (A) following the last numbered paragraph of section 1905(a) and section 2110(b)(7) of the Social Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), and carrying out other activities that are approved by the Secretary to promote continuity of care for individuals who are inmates of a public institution and are eligible for medical assistance under the State Medicaid program or are eligible for child health assistance or pregnancy-related assistance under the State CHIP.
(b)(2)(B) The guidance required under paragraph (1) shall include best practices and strategies States can use to address implementation and operational challenges related to the requirements described in subparagraph (A), including those related to the following:
(b)(2)(B)(i) Implementing modifications to improve eligibility and enrollment processes, including, but not limited to, completing applications for assistance under the State Medicaid program or the State CHIP on behalf of inmates, transmitting such applications to State Medicaid and CHIP agencies, and screening individuals who are inmates of public institutions for eligibility for medical assistance that is authorized to be furnished to the individual while the individual is such an inmate.
(b)(2)(B)(ii) Clarifying the availability of relevant Federal financial participation, including the administrative match under sections 1903 and 2105 of the Social Security Act (42 U.S.C. 1396b, 1397ee), for activities that directly support efforts to identify and enroll eligible individuals in State Medicaid programs and State CHIPs and that directly support the provision of authorized medical assistance, child health assistance, or pregnancy-related assistance, including, but not limited to, data sharing and exchange, and other necessary functions.
(b)(2)(B)(iii) Expeditiously conducting screening for eligibility under State Medicaid programs and State CHIPs for individuals who are inmates of a public institution, providing application and renewal assistance for those who are not yet enrolled in such programs or whose eligibility needs to be renewed, and coordinating reinstatement of coverage under such programs with managed care enrollment.
(b)(2)(B)(iv) Ensuring that an individual who is an inmate of a public institution and is eligible for medical assistance under a State Medicaid program or for child health assistance or pregnancy-related assistance under a State CHIP receives, in a timely fashion, any such assistance for which Federal financial participation is authorized, such as, a supply of medications or prescription refill upon release and the services required under sections 1902(a)(84)(D) and 2102(d) of the Social Security Act (42 U.S.C. 1396a(a)(84)(D), 1397bb(d)).
(b)(2)(B)(v) Establishing community-based provider networks, including those comprised of case managers, for purposes of providing continuity of care to individuals who are eligible for medical assistance under a State Medicaid program or child health assistance or pregnancy-related assistance under a State CHIP before, during, and after incarceration.
(c) In this section:
(c)(1) The term “public institution” has the meaning given that term in section 1902(nn)(3) of the Social Security Act (42 U.S.C. 1396a(nn)(3)).
(c)(2) The term “Secretary” means the Secretary of Health and Human Services.
(c)(3) The term “State” has the meaning given that term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such Act.
(c)(4) The term “State CHIP” means a State child health plan for child health assistance under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), and includes any waiver of such a plan.
(c)(5) The term “State Medicaid program” means a State plan for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and includes any waiver of such a plan.
SEC. 207. GUIDANCE RELATING TO IMPROVING THE BEHAVIORAL HEALTH WORKFORCE AND INTEGRATION OF CARE UNDER MEDICAID AND CHIP.
(a) Not later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall issue guidance to States regarding the following:
(a)(1) Opportunities to increase access to the mental health and substance use disorder care providers that participate in Medicaid or CHIP, which may include education, training, recruitment and retention of such providers, with a focus on improving the capacity of this workforce in rural and underserved areas by increasing the number, type, and capacity of providers. The guidance relating to such opportunities shall include the following:
(a)(1)(A) Best practices from States that have used authorities under titles XI, XIX, or XXI of the Social Security Act (42 U.S.C. 1301 et seq., 1396 et seq., 1397aa et seq.), including initiatives States have implemented under waivers under section 1115 of such Act (42 U.S.C. 1315), for such purposes.
(a)(1)(B) Opportunities States can leverage to finance, support, and expand the availability of providers of community-based mental health and substance use disorder services who participate in Medicaid and CHIP across the continuum of care, including through the participation of paraprofessionals with behavioral health expertise, such as clinicians with baccalaureate degrees and peer support specialists and including best practices especially pertinent to pediatric care. The guidance shall include examples of innovative policies states have adopted to expand access to behavioral health services; for example, by establishing more expansive and diverse behavioral health workforce roles such as certified wellness coaches.
(a)(1)(C) Best practices related to financing, supporting, and expanding the education and training of providers of mental health and substance use disorder services in order to increase the workforce of such providers who participate in Medicaid and CHIP across the continuum of care, including innovative public-private partnerships and including such practices that are especially pertinent to pediatric care.
(a)(2) Opportunities to promote the integration of mental health or substance use disorder services with primary care services. The guidance relating to such opportunities shall include the following:
(a)(2)(A) Overview.An overview of State options for adopting and expanding value-based payment arrangements and alternative payment models, including accountable care organization-like models and other shared savings programs.
(a)(2)(B) A description of opportunities for States to use and align existing authorities and resources to finance the integration of mental health or substance use disorder services with primary care services, including with respect to the use of electronic health records in mental health care settings and in substance use disorder care settings.
(a)(2)(C) Strategies to support integration of mental health or substance use disorder services with primary care services through the use of non-clinical professionals and paraprofessionals, including peer support specialists.
(a)(2)(D) Examples of specific strategies and models designed to support integration of mental health or substance use disorder services with primary care services for differing age groups, including children and youth and individuals over the age of 65, which may include the collaborative care model or primary care behavioral health model for behavioral health integration.
(b) For purposes of subsection (a)(2), the term “integration of mental health or substance use disorder services with primary care services” means any of the following:
(b)(1) The delivery of mental health or substance use disorder services in a setting that is physically located in the same practice or building as a primary care setting, or when at least 1 provider of mental health or substance use disorder services is available in a primary care setting via telehealth.
(b)(2) The use of behavioral health integration models primarily intended for pediatric populations with non-severe mental health needs that are focused on prevention and early detection and intervention methods through a multidisciplinary collaborative behavioral health team approach co-managed with primary care, to include same-day access to family-focused mental health treatment services.
(b)(3) Having providers of mental health or substance use disorder services physically co-located in a primary care setting with same-day visit availability.
(b)(4) Implementing or maintaining enhanced care coordination or targeted case management which includes regular interactions between and within care teams.
(b)(5) Providing mental health or substance use disorder screening and follow-up assessments, interventions, or services within the same practice or facility as a primary care or physical service setting.
(b)(6) The use of assertive community treatment that is integrated with or facilitated by a primary care practice.
(b)(7) Delivery of integrated primary care and mental health care or substance use disorder care in the home or in community-based settings for individuals who are recipients of Medicaid home and community-based services.
SEC. 208. FUNDING FOR IMPLEMENTATION AND OPERATIONS.
There is appropriated to the Secretary of Health and Human Services for fiscal year 2024, out of any funds in the Treasury not otherwise appropriated, to remain available until expended—
(1) $5,000,000, for the purpose of carrying out section 203 and the amendments made by such section, and sections 206, and 207; and
(2) $10,000,000 for the recurring collection, analysis, and publication of health care data under section 1948 of the Social Security Act, as added by section 202.
SEC. 209. CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES UNDER MEDICAID.
(a) Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—
(a)(1) in subsection (a)—
(a)(1)(A) in paragraph (30), by striking “; and” and inserting a semicolon;
(a)(1)(B) by redesignating paragraph (31) as paragraph (32); and
(a)(1)(C) by inserting after paragraph (30) the following new paragraph:
(a)(1)(C)“(31) certified community behavioral health clinic services, as defined in subsection (jj); and”
(a)(1)(C) ; and
(a)(2) by adding at the end the following new subsection:
(a)(2)“(jj)“(1) The term ‘certified community behavioral health services’ means any of the following services when furnished to an individual as a patient of a certified community behavioral health clinic (as defined in paragraph (2)), in a manner reflecting person-centered care and which, if not available directly through a certified community behavioral health clinic, may be provided or referred through formal relationships with other providers:
(a)(2)“(jj)“(1)“(A) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization.
(a)(2)“(jj)“(1)“(B) Screening, assessment, and diagnosis, including risk assessment.
(a)(2)“(jj)“(1)“(C) Patient-centered treatment planning or similar processes, including risk assessment and crisis planning.
(a)(2)“(jj)“(1)“(D) Outpatient mental health and substance use services.
(a)(2)“(jj)“(1)“(E) Outpatient clinic primary care screening and monitoring of key health indicators and health risk.
(a)(2)“(jj)“(1)“(F) Intensive case management services.
(a)(2)“(jj)“(1)“(G) Psychiatric rehabilitation services.
(a)(2)“(jj)“(1)“(H) Peer support and counselor services and family supports.
(a)(2)“(jj)“(1)“(I) Intensive, community-based mental health care for members of the armed forces and veterans who are eligible for medical assistance, particularly such members and veterans located in rural areas, provided the care is consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration, including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration.
(a)(2)“(jj)“(2) The term ‘certified community behavioral health clinic’ means an organization that—
(a)(2)“(jj)“(2)“(A) has been certified by a State as meeting the criteria established by the Secretary pursuant to subsection (a) of section 223 of the Protecting Access to Medicare Act as of January 1, 2024, and any subsequent updates to such criteria, regardless of whether the State is carrying out a demonstration program under this title under subsection (d) of such section;
(a)(2)“(jj)“(2)“(B) is engaged in furnishing all of the services described in paragraph (1); and
(a)(2)“(jj)“(2)“(C) agrees, as a condition of the certification described in subparagraph (A), to furnish to the State or Secretary any data required as part of ongoing monitoring of the organization’s provision of services, including encounter data, clinical outcomes data, quality data, and such other data as the State or Secretary may require.”
(a)(2) .
(b) The amendments made by this section shall apply with respect to medical assistance furnished on or after the date of enactment of this Act.
SEC. 210. ELIMINATING CERTAIN DISPROPORTIONATE SHARE HOSPITAL PAYMENT CUTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r–4(f)(7)(A)), as amended by section 121 of subtitle B of title I of division B of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35),Ante, p. 6. is amended—
(1) in clause (i), by striking “For the period beginning March 9, 2024, and ending September 30, 2024, and for each of fiscal years 2025” and inserting “For the period beginning January 1, 2025, and ending September 30, 2025, and for each of fiscal years 2026”; and
(2) in clause (ii), by striking “March 9, 2024, and ending September 30, 2024, and for each of fiscal years 2025” and inserting “January 1, 2025, and ending September 30, 2025, and for each of fiscal years 2026”.
SEC. 211. PROMOTING VALUE IN MEDICAID MANAGED CARE.
Section 1903(m)(9)(A) of the Social Security Act (42 U.S.C. 1396b(m)(9)(A)) is amended by striking “(and before fiscal year 2024)”.
SEC. 212. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C. 1396w–1(b)(3)(A)), as amended by section 122 of subtitle B of title I of division B of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35),Ante, p. 6. is further amended by striking “$5,140,428,729” and inserting “$0”.
SEC. 301. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)) is amended—
(1) in the first sentence—
(1)(A) by striking “and $20,000,000” and inserting “$20,000,000”; and
(1)(B) by inserting the following before the period at the end: “, and $9,000,000 for the period beginning on October 1, 2023, and ending on December 31, 2024”; and
(2) in the third sentence, by striking “and 2023” and inserting “2023, and 2024 and the period beginning on October 1, 2024, and ending on December 31, 2024”.
SEC. 302. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME PROGRAMS.
(a) Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b–3 note), as amended by section 3306 of the Patient Protection and Affordable Care Act (Public Law 111–148), section 610 of the American Taxpayer Relief Act of 2012 (Public Law 112–240), section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113–67), section 110 of the Protecting Access to Medicare Act of 2014 (Public Law 113–93), section 208 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114–10), section 50207 of division E of the Bipartisan Budget Act of 2018 (Public Law 115–123), section 1402 of division B of the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Public Law 116–59), section 1402 of division B of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (Public Law 116–69), section 103 of division N of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), section 3803 of the CARES Act (Public Law 116–136), section 2203 of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159), section 1102 of the Further Continuing Appropriations Act, 2021, and Other Extensions Act (Public Law 116–215), and section 103 of division CC of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended—
(a)(1) in clause (xii), by striking “and” at the end;
(a)(2) in clause (xiii), by striking the period at the end and inserting “; and”; and
(a)(3) by inserting after clause (xiii) the following new clause:
(a)(3)“(xiv) for the period beginning on October 1, 2023, and ending on December 31, 2024, $18,750,000.”
(a)(3) .
(b) Subsection (b)(1)(B) of such section 119, as so amended, is amended—
(b)(1) in clause (xii), by striking “and” at the end;
(b)(2) in clause (xiii), by striking the period at the end and inserting “; and”; and
(b)(3) by inserting after clause (xiii) the following new clause:
(b)(3)“(xiv) for the period beginning on October 1, 2023, and ending on December 31, 2024, $18,750,000.”
(b)(3) .
(c) Subsection (c)(1)(B) of such section 119, as so amended, is amended—
(c)(1) in clause (xii), by striking “and” at the end;
(c)(2) in clause (xiii), by striking the comma at the end and inserting “; and”; and
(c)(3) by inserting after clause (xiii) the following new clause:
(c)(3)“(xiv) for the period beginning on October 1, 2023, and ending on December 31, 2024, $6,250,000.”
(c)(3) .
(d) Subsection (d)(2) of such section 119, as so amended, is amended—
(d)(1) in clause (xii), by striking “and” at the end;
(d)(2) in clause (xiii), by striking the period at the end and inserting “; and”; and
(d)(3) by inserting after clause (xiii) the following new clause:
(d)(3)“(xiv) for the period beginning on October 1, 2023, and ending on December 31, 2024, $18,750,000.”
(d)(3) .
SEC. 303. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by striking “March 9, 2024” and inserting “January 1, 2025”.
SEC. 304. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE ALTERNATIVE PAYMENT MODELS.
(a) Section 1833(z) of the Social Security Act (42 U.S.C. 1395l(z)) is amended—
(a)(1) in paragraph (1)(A)—
(a)(1)(A) by striking “with 2025” and inserting “with 2026”; and
(a)(1)(B) by inserting “, or, with respect to 2026, 1.88 percent” after “3.5 percent”;
(a)(2) in paragraph (2)—
(a)(2)(A) in subparagraph (B)—
(a)(2)(A)(i) in the heading, by striking “2025” and inserting “2026”; and
(a)(2)(A)(ii) in the matter preceding clause (i), by striking “2025” and inserting “2026”;
(a)(2)(B) in subparagraph (C)—
(a)(2)(B)(i) in the heading, by striking “2026” and inserting “2027”; and
(a)(2)(B)(ii) in the matter preceding clause (i), by striking “2026” and inserting “2027”; and
(a)(2)(C) in subparagraph (D), by striking “and 2025” and inserting “2025, and 2026”; and
(a)(3) in paragraph (4)(B), by inserting “, or, with respect to 2026, 1.88 percent” after “3.5 percent”.
(b) Section 1848(q)(1)(C)(iii) of the Social Security Act (42 U.S.C. 1395w–4(q)(1)(C)(iii)) is amended—
(b)(1) in subclause (II), by striking “2025” and inserting “2026”; and
(b)(2) in subclause (III), by striking “2026” and inserting “2027”.
SEC. 305. TEMPORARY PAYMENT INCREASE UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE TO ACCOUNT FOR EXCEPTIONAL CIRCUMSTANCES AND ATYPICAL TIMING OF ENACTMENT.
Section 1848(t)(1) of the Social Security Act (42 U.S.C. 1395w–4(t)(1)) is amended—
(1) in subparagraph (C), by striking “and” at the end;
(2) in subparagraph (D)—
(2)(A) by striking “January 1, 2025” and inserting “March 9, 2024”; and
(2)(B) by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new subparagraph:
(3)“(E) such services furnished on or after March 9, 2024, and before January 1, 2025, by 2.93 percent.”
(3) .
SEC. 306. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended—
(a)(1) in subparagraph (B), in the matter preceding clause (i), by striking “in fiscal year 2025 and subsequent fiscal years” and inserting “during the portion of fiscal year 2025 beginning on January 1, 2025, and ending on September 30, 2025, and in fiscal year 2026 and subsequent fiscal years”;
(a)(2) in subparagraph (C)(i)—
(a)(2)(A) in the matter preceding subclause (I)—
(a)(2)(A)(i) by inserting “or portion of a fiscal year” after “for a fiscal year”; and
(a)(2)(A)(ii) by inserting “and the portion of fiscal year 2025 beginning on October 1, 2024, and ending on December 31, 2024” after “through 2024”;
(a)(2)(B) in subclause (III), by inserting “and the portion of fiscal year 2025 beginning on October 1, 2024, and ending on December 31, 2024” after “through 2024”; and
(a)(2)(C) in subclause (IV), by striking “fiscal year 2025” and inserting “the portion of fiscal year 2025 beginning on January 1, 2025, and ending on September 30, 2025, and fiscal year 2026”; and
(a)(3) in subparagraph (D)—
(a)(3)(A) in the matter preceding clause (i), by inserting “or during the portion of fiscal year 2025 beginning on October 1, 2024, and ending on December 31, 2024” after “through 2024”; and
(a)(3)(B) in clause (ii), by inserting “and the portion of fiscal year 2025 beginning on October 1, 2024, and ending on December 31, 2024” after “through 2024”.
(b) Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including the amendments made by, this section by program instruction or otherwise.
SEC. 307. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended—
(a)(1) in clause (i), by striking “October 1, 2024” and inserting “January 1, 2025”; and
(a)(2) in clause (ii)(II), by striking “October 1, 2024” and inserting “January 1, 2025”.
(b)(1) Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended—
(b)(1)(A) in the matter preceding clause (i), by striking “October 1, 2024” and inserting “January 1, 2025”; and
(b)(1)(B) in clause (iv), by inserting “and the portion of fiscal year 2025 beginning on October 1, 2024, and ending on December 31, 2024,” after “through fiscal year 2024”.
(b)(2) Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking “or fiscal year 2000” and all that follows through “the Secretary” and inserting “fiscal year 2000 through fiscal year 2024, or the portion of fiscal year 2025 beginning on October 1, 2024, and ending on December 31, 2024, the Secretary”.
SEC. 308. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C. 1395f(i)(2)(B)) is amended—
(1) in clause (ii), by striking “2032” and inserting “2033”; and
(2) in clause (iii), by striking “2032” and inserting “2033”.
SEC. 309. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking “$2,197,795,056” and inserting “$0”.
SEC. 401. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through September 30, 2024, in the manner authorized for fiscal year 2023, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose.
SEC. 402. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
Activities authorized by part B of title IV of the Social Security Act shall continue through December 31, 2024, in the manner authorized for fiscal year 2023, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose.
SEC. 403. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710), as amended by section 142 of subtitle D of title I of division B of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35), Ante, p. 6.is further amended—
(1) in subsection (a)—
(1)(A) in paragraph (1)—
(1)(A)(i) by striking “and” after “January 19, 2024,”;
(1)(A)(ii) by inserting “for the period beginning on March 9, 2024, and ending on September 30, 2024, and for the period beginning on October 1, 2024, and ending on December 31, 2024,” after “March 8, 2024,”; and
(1)(A)(iii) by inserting “or 2025” after “for fiscal year 2024”; and
(1)(B) in paragraph (2), by inserting “or 2025” after “with respect to fiscal year 2024” each place it appears; and
(2) in subsection (f)(1)—
(2)(A) by striking “and” before “for the period beginning on January 20, 2024,”; and
(2)(B) by striking the period at the end and inserting “, for the period beginning on March 9, 2024, and ending on September 30, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, and for the period beginning on October 1, 2024, and ending on December 31, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2024.”.
SEC. 404. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713), as amended by section 143 of subtitle D of title I of division B of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35),Ante, pp. 6, 7. is further amended—
(1) in subsection (a)(1)—
(1)(A) in subparagraph (A), in the matter preceding clause (i)—
(1)(A)(i) by striking “and” after “January 19, 2024,”; and
(1)(A)(ii) by inserting “for the period beginning on March 9, 2024, and ending on September 30, 2024, and for the period beginning on October 1, 2024, and ending on December 31, 2024,” after “March 8, 2024,”; and
(1)(B) in subparagraph (B)(i)—
(1)(B)(i) by striking “and” after “January 19, 2024,”; and
(1)(B)(ii) by striking the period at the end and inserting “, for the period beginning on March 9, 2024, and ending on September 30, 2024, and for the period beginning on October 1, 2024, and ending on December 31, 2024.”;
(2) in subsection (c)(3), by inserting “or 2025” after “fiscal year 2024”; and
(3) in subsection (f)—
(3)(A) by striking “and” before “for the period beginning on January 20, 2024,”; and
(3)(B) by striking “fiscal year 2023.” and inserting “fiscal year 2023, for the period beginning on March 9, 2024, and ending on September 30, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, and for the period beginning on October 1, 2024, and ending on December 31, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2024.”.
SEC. 405. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C. 701(c)(1)(A)) is amended—
(1) in clause (vi), by striking “and” after the semicolon;
(2) in clause (vii), by striking the period at the end and inserting “; and”; and
(3) by inserting after clause (vii), the following new clause:
(3)“(viii) $1,500,000 for the portion of fiscal year 2025 before January 1, 2025.”
(3) .
SEC. 201. SHORT TITLE.
This title may be cited as the “Compact of Free Association Amendments Act of 2024”.
SEC. 202. FINDINGS.
Congress finds the following:
(1) The United States (in accordance with the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the United Nations Charter, and the objectives of the international trusteeship system of the United Nations) fulfilled its obligations to promote the development of the people of the Trust Territory toward self-government or independence, as appropriate, to the particular circumstances of the Trust Territory and the people of the Trust Territory and the freely expressed wishes of the people concerned.
(2) The United States, the Federated States of Micronesia, and the Republic of the Marshall Islands entered into the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; Public Law 99–239) and the United States and the Republic of Palau entered into the Compact of Free Association set forth in section 201 of Public Law 99–658 (48 U.S.C. 1931 note) to create and maintain a close and mutually beneficial relationship.
(3) The “Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia”, the “Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands”, and related agreements were signed by the Government of the United States and the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands and approved, as applicable, by section 201 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108–188).
(4) The “Agreement between the Government of the United States of America and the Government of the Republic of Palau Following the Compact of Free Association Section 432 Review”, was signed by the Government of the United States and the Government of the Republic of Palau on September 3, 2010, and amended on September 19, 2018.
(5) On May 22, 2023, the United States signed the “Agreement between the Government of the United States of America and the Government of the Republic of Palau Resulting From the 2023 Compact of Free Association Section 432 Review”.
(6) On May 23, 2023, the United States signed 3 agreements related to the U.S.-FSM Compact of Free Association, including an Agreement to Amend the Compact, as amended, a new fiscal procedures agreement, and a new trust fund agreement and on September 28, 2023, the United States signed a Federal Programs and Services agreement related to the U.S.-FSM Compact of Free Association.
(7) On October 16, 2023, the United States signed 3 agreements relating to the U.S.-RMI Compact of Free Association, including an Agreement to Amend the Compact, as amended, a new fiscal procedures agreement, and a new trust fund agreement.
SEC. 203. DEFINITIONS.
In this title:
(1) The term “1986 Compact” means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia set forth in section 201 of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; Public Law 99–239).
(2) The term “2003 Amended U.S.-FSM Compact” means the Compact of Free Association amending the 1986 Compact entitled the “Compact of Free Association, as amended, between the Government of 138 STAT. 421 the United States of America and the Government of the Federated States of Micronesia” set forth in section 201(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108–188).
(3) The term “2003 Amended U.S.-RMI Compact” means the Compact of Free Association amending the 1986 Compact entitled “Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands” set forth in section 201(b) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108–188).
(4) The term “2023 Agreement to Amend the U.S.-FSM Compact” means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia to Amend the Compact of Free Association, as Amended, done at Palikir May 23, 2023.
(5) The term “2023 Agreement to Amend the U.S.-RMI Compact” means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands to Amend the Compact of Free Association, as Amended, done at Honolulu October 16, 2023.
(6) The term “2023 Amended U.S.-FSM Compact” means the 2003 Amended U.S.-FSM Compact, as amended by the 2023 Agreement to Amend the U.S.-FSM Compact.
(7) The term “2023 Amended U.S.-RMI Compact” means the 2003 Amended U.S.-RMI Compact, as amended by the 2023 Agreement to Amend the U.S.-RMI Compact.
(8) The term “2023 U.S.-FSM Federal Programs and Services Agreement” means the 2023 Federal Programs and Services Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Washington September 28, 2023.
(9) The term “2023 U.S.-FSM Fiscal Procedures Agreement” means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance provided in the 2023 Amended U.S.-FSM Compact between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Palikir May 23, 2023.
(10) The term “2023 U.S.-FSM Trust Fund Agreement” means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia Regarding the Compact Trust Fund, done at Palikir May 23, 2023.
(11) The term “2023 U.S.-Palau Compact Review Agreement” means the Agreement between the Government of the United States of America and the Government of the Republic of Palau Resulting From the 2023 Compact of Free Association Section 432 Review, done at Port Moresby May 22, 2023.
(12) The term “2023 U.S.-RMI Fiscal Procedures Agreement” means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in the 2023 Amended Compact Between the Government of the United States of America and the Government of the Republic of the Marshall Islands, done at Honolulu October 16, 2023.
(13) The term “2023 U.S.-RMI Trust Fund Agreement” means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands Regarding the Compact Trust Fund, done at Honolulu October 16, 2023.
(14) The term “appropriate committees of Congress” means—
(14)(A) the Committee on Energy and Natural Resources of the Senate;
(14)(B) the Committee on Foreign Relations of the Senate;
(14)(C) the Committee on Natural Resources of the House of Representatives; and
(14)(D) the Committee on Foreign Affairs of the House of Representatives.
(15) The term “Freely Associated States” means—
(15)(A) the Federated States of Micronesia;
(15)(B) the Republic of the Marshall Islands; and
(15)(C) the Republic of Palau.
(16) The term “subsidiary agreement” means any of the following:
(16)(A) The 2023 U.S.-FSM Federal Programs and Services Agreement.
(16)(B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
(16)(C) The 2023 U.S.-FSM Trust Fund Agreement.
(16)(D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
(16)(E) The 2023 U.S.-RMI Trust Fund Agreement.
(16)(F) Any Federal Programs and Services Agreement in force between the United States and the Republic of the Marshall Islands.
(16)(G) Any Federal Programs and Services Agreement in force between the United States and the Republic of Palau.
(16)(H) Any other agreement that the United States may from time-to-time enter into with the Government of the Federated States of Micronesia, the Government of the Republic of Palau, or the Government of the Republic of the Marshall Islands, in accordance with—
(16)(H)(i) the 2023 Amended U.S.-FSM Compact;
(16)(H)(ii) the 2023 U.S.-Palau Compact Review Agreement; or
(16)(H)(iii) the 2023 Amended U.S.-RMI Compact.
(17) The term “U.S.-Palau Compact” means the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Public Law 99–658 (48 U.S.C. 1931 note).
SEC. 204. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM COMPACT, 2023 AGREEMENT TO AMEND THE U.S.-RMI COMPACT, 2023 U.S.-PALAU COMPACT REVIEW AGREEMENT, AND SUBSIDIARY AGREEMENTS.
(a)(1) The 2023 Agreement to Amend the U.S.-FSM Compact and the 2023 U.S.-FSM Trust Fund Agreement, as submitted to Congress on June 15, 2023, are approved and incorporated by reference.
(a)(2) Congress consents to—
(a)(2)(A) the 2023 U.S.-FSM Fiscal Procedures Agreement, as submitted to Congress on June 15, 2023; and
(a)(2)(B) the 2023 U.S.-FSM Federal Programs and Services Agreement.
(a)(3) Notwithstanding section 101(f) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921(f)), the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2).
(b)(1) The 2023 Agreement to Amend the U.S.-RMI Compact and the 2023 U.S.-RMI Trust Fund Agreement, as submitted to Congress on October 17, 2023, are approved and incorporated by reference.
(b)(2) Congress consents to the 2023 U.S.-RMI Fiscal Procedures Agreement, as submitted to Congress on October 17, 2023.
(b)(3) Notwithstanding section 101(f) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921(f)), the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2).
(c)(1) The 2023 U.S.-Palau Compact Review Agreement, as submitted to Congress on June 15, 2023, is approved.
(c)(2) The President is authorized to bring into force and implement the 2023 U.S.-Palau Compact Review Agreement.
(d)(1) Any amendment to, change to, or termination of all or any part of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau Compact, by mutual agreement or unilateral action of the Government of the United States, shall not enter into force until the date on which Congress has incorporated the applicable amendment, change, or termination into an Act of Congress.
(d)(2) In addition to the Compacts described in paragraph (1), the requirements of that paragraph shall apply to—
(d)(2)(A) any action of the Government of the United States under the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-Palau Compact, including an action taken pursuant to section 431, 441, or 442 of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-Palau Compact; and
(d)(2)(B) any amendment to, change to, or termination of—
(d)(2)(B)(i) the agreement described in section 462(a)(2) of the 2023 Amended U.S.-FSM Compact;
(d)(2)(B)(ii) the agreement described in section 462(a)(5) of the 2023 Amended U.S.-RMI Compact;
(d)(2)(B)(iii) an agreement concluded pursuant to section 265 of the 2023 Amended U.S.-FSM Compact;
(d)(2)(B)(iv) an agreement concluded pursuant to section 265 of the 2023 Amended U.S.-RMI Compact;
(d)(2)(B)(v) an agreement concluded pursuant to section 177 of the 2023 Amended U.S.-RMI Compact;
(d)(2)(B)(vi) Articles III and IV of the agreement described in section 462(b)(6) of the 2023 Amended U.S.-FSM Compact;
(d)(2)(B)(vii) Articles III, IV, and X of the agreement described in section 462(b)(6) of the 2023 Amended U.S.-RMI Compact;
(d)(2)(B)(viii) the agreement described in section 462(h) of the U.S.-Palau Compact; and
(d)(2)(B)(ix) Articles VI, XV, and XVII of the agreement described in section 462(b)(7) of the 2023 Amended U.S.-FSM Compact and 2023 Amended U.S.-RMI Compact and section 462(i) of the U.S.-Palau Compact.
(e) Effective date.President.An agreement between the United States and the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, or the Government of the Republic of Palau that would amend, change, or terminate any subsidiary agreement or portion of a subsidiary agreement (other than an amendment to, change to, or termination of an agreement described in subsection (d)) shall not enter into force until the date that is 90 days after the date on which the President has transmitted to the President of the Senate and the Speaker of the House of Representatives—
(e)(1) the agreement to amend, change, or terminate the subsidiary agreement;
(e)(2) an explanation of the amendment, change, or termination;
(e)(3) a description of the reasons for the amendment, change, or termination; and
(e)(4) Statement.in the case of an agreement that would amend, change, or terminate any agreement described in section 462(b)(3) of the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-RMI Compact, a statement by the Secretary of Labor that describes—
(e)(4)(A) the necessity of the amendment, change, or termination; and
(e)(4)(B) any impacts of the amendment, change, or termination.
SEC. 205. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.
(a)(1) Pursuant to sections 222 and 224 of the 2023 Amended U.S.-FSM Compact, the United States shall provide nonreimbursable technical and training assistance, as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Federated States of Micronesia—
(a)(1)(A) to develop and adequately enforce laws of the Federated States of Micronesia; and
(a)(1)(B) to cooperate with the United States in the enforcement of criminal laws of the United States.
(a)(2) Funds appropriated pursuant to subsection (j) of section 105 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d) (as amended by section 209(j)) may be used in accordance with section 102(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921a(a)).
(b)(1) The 3 United States appointees (which are composed of the United States chair and 2 other members from the Government of the United States) to the Joint Economic Management Committee established under section 213 of the 2023 Amended U.S.-FSM Compact (referred to in this subsection as the “Committee”) shall—
(b)(1)(A) be voting members of the Committee; and
(b)(1)(B) continue to be officers or employees of the Federal Government.
(b)(2) The 3 United States members of the Committee described in paragraph (1) shall be appointed for a term of 2 years as follows:
(b)(2)(A) 1 member shall be appointed by the Secretary of State, in consultation with the Secretary of the Treasury.
(b)(2)(B) 1 member shall be appointed by the Secretary of the Interior, in consultation with the Secretary of the Treasury.
(b)(2)(C) 1 member shall be appointed by the Interagency Group on Freely Associated States established under section 208(d)(1).
(b)(3) A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(b)(4) Not fewer than 2 United States members of the Committee appointed under paragraph (2) shall be individuals who—
(b)(4)(A) by reason of knowledge, experience, or training, are especially qualified in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics; and
(b)(4)(B) Time period.possess not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics.
(b)(5)(A) Not later than 90 days after the date of appointment of a United States member of the Committee under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement prepared by the Secretary of the Interior attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
(b)(5)(B) For purposes of a statement required under subparagraph (A)—
(b)(5)(B)(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior; and
(b)(5)(B)(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Interagency Group on Freely Associated States established under section 208(d)(1) on request of the Secretary of the Interior.
(b)(6) Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(b)(7) Not later than 90 days after the date on which the Government of the Federated States of Micronesia submits to the Committee a report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(b)(7)(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(b)(7)(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(c)(1) The 3 United States voting members (which are composed of the United States chair and 2 other members from the Government of the United States) to the Joint Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2023 Amended U.S.-FSM Compact (referred to in this subsection as the “Committee”) shall continue to be officers or employees of the Federal Government.
(c)(2) The 3 United States members of the Committee described in paragraph (1) shall be appointed for a term not more than 2 years as follows:
(c)(2)(A) 1 member shall be appointed by the Secretary of State.
(c)(2)(B) 1 member shall be appointed by the Secretary of the Interior.
(c)(2)(C) 1 member shall be appointed by the Secretary of the Treasury.
(c)(3) A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(c)(4) Not fewer than 2 members of the Committee appointed under paragraph (2) shall be individuals who—
(c)(4)(A) by reason of knowledge, experience, or training, are especially qualified in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics; and
(c)(4)(B) possess not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics.
(c)(5)(A) Not later than 90 days after the date of appointment of a United States member to the Committee under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
(c)(5)(B) For purposes of a statement required under subparagraph (A)—
(c)(5)(B)(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior; and
(c)(5)(B)(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of the Treasury on request of the Secretary of the Interior.
(c)(6) Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(c)(7) Not later than 90 days after the date on which the Government of the Federated States of Micronesia submits to the Committee a report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(c)(7)(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(c)(7)(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
SEC. 206. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC OF THE MARSHALL ISLANDS.
(a)(1) Pursuant to sections 222 and 224 of the 2023 Amended U.S.-RMI Compact, the United States shall provide nonreimbursable technical and training assistance, as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Republic of the Marshall Islands—
(a)(1)(A) to develop and adequately enforce laws of the Marshall Islands; and
(a)(1)(B) to cooperate with the United States in the enforcement of criminal laws of the United States.
(a)(2) Funds appropriated pursuant to subsection (j) of section 105 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d) (as amended by section 209(j)) may be used in accordance with section 103(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(a)).
(b)(1) Congress reaffirms that—
(b)(1)(A) section 103(g)(1) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(g)(1)) and section 103(e)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(e)(1)) provided that “It is the intention of the Congress of the United States that the provisions of section 177 of the Compact of Free Association and the Agreement between the Government of the United States and the Government of the Marshall Islands for the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the ‘Section 177 Agreement’) constitute a full and final settlement of all claims described in Articles X and XI of the Section 177 Agreement, and that any such claims be terminated and barred except insofar as provided for in the Section 177 Agreement.”; and
(b)(1)(B) section 103(g)(2) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(g)(2)) and section 103(e)(2) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(e)(2)) provided that “In furtherance of the intention of Congress as stated in paragraph (1) of this subsection, the Section 177 Agreement is hereby ratified and approved. It is the explicit understanding and intent of Congress that the jurisdictional limitations set forth in Article XII of such Agreement are enacted solely and exclusively to accomplish the objective of Article X of such Agreement and only as a clarification of the effect of Article X, and are not to be construed or implemented separately from Article X.”.
(b)(2) Nothing in the 2023 Agreement to Amend the U.S.-RMI Compact affects the application of the provisions of law reaffirmed by paragraph (1).
(c) Congress reaffirms that—
(c)(1) Article IX of the Agreement Between the Government of the United States and the Government of the Marshall Islands for the Implementation of Section 177 of the Compact of Free Association, done at Majuro June 25, 1983, provided that “If loss or damage to property and person of the citizens of the Marshall Islands, resulting from the Nuclear Testing Program, arises or is discovered after the effective date of this Agreement, and such injuries were not and could not reasonably have been identified as of the effective date of this Agreement, and if such injuries render the provisions of this Agreement manifestly inadequate, the Government of the Marshall Islands may request that the Government of the United States provide for such injuries by submitting such a request to the Congress of the United States for its consideration. It is understood that this Article does not commit the Congress of the United States to authorize and appropriate funds.”; and
(c)(2) Consultation.section 3(a) of Article XIII of the agreement described in paragraph (1) provided that “The Government of the United States and the Government of the Marshall Islands shall consult at the request of either of them on matters relating to the provisions of this Agreement.”.
(d)(1) The 2 United States appointees (which are composed of the United States chair and 1 other member from the Government of the United States) to the Joint Economic Management and Financial Accountability Committee established under section 214 of the 2003 Amended U.S.-RMI Compact (referred to in this subsection as the “Committee”) shall—
(d)(1)(A) be voting members of the Committee; and
(d)(1)(B) continue to be officers or employees of the Federal Government.
(d)(2) The 2 United States members of the Committee described in paragraph (1) shall be appointed for a term of 2 years as follows:
(d)(2)(A) 1 member shall be appointed by the Secretary of State, in consultation with the Secretary of the Treasury.
(d)(2)(B) 1 member shall be appointed by the Secretary of the Interior, in consultation with the Secretary of the Treasury.
(d)(3) A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(d)(4) At least 1 United States member of the Committee appointed under paragraph (2) shall be an individual who—
(d)(4)(A) by reason of knowledge, experience, or training, is especially qualified in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics; and
(d)(4)(B) Time period.possesses not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics.
(d)(5)(A) Not later than 90 days after the date of appointment of a United States member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
(d)(5)(B) For purposes of a statement required under subparagraph (A), in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior.
(d)(6) Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(d)(7) Not later than 90 days after the date on which the Government of the Republic of the Marshall Islands submits to the Committee a report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(d)(7)(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(d)(7)(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(e)(1) The 3 United States voting members (which are composed of the United States chair and 2 other members from the Government of the United States) to the Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2003 Amended U.S.-RMI Compact (referred to in this subsection as the “Committee”) shall continue to be officers or employees of the Federal Government.
(e)(2) The 3 United States members of the Committee described in paragraph (1) shall be appointed for a term not more than 5 years as follows:
(e)(2)(A) 1 member shall be appointed by the Secretary of State.
(e)(2)(B) 1 member shall be appointed by the Secretary of the Interior.
(e)(2)(C) 1 member shall be appointed by the Secretary of the Treasury.
(e)(3) A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(e)(4) Not fewer than 2 members of the Committee appointed under paragraph (2) shall be individuals who—
(e)(4)(A) by reason of knowledge, experience, or training, are especially qualified in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics; and
(e)(4)(B) possess not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics.
(e)(5)(A) Not later than 90 days after the date of appointment of a United States Member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the appointee described in paragraph (4), subject to subparagraph (B).
(e)(5)(B) For purposes of a statement required under subparagraph (A)—
(e)(5)(B)(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior; and
(e)(5)(B)(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of the Treasury on request of the Secretary of the Interior.
(e)(6) Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(e)(7) Not later than 90 days after the date on which the Government of the Republic of the Marshall Islands submits to the Committee a report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(e)(7)(A) Attestation.if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(e)(7)(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(f) Congress reaffirms that—
(f)(1) section 103(j)(1) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(h)(1)) provided that services “provided by the United States Public Health Service or any other United States agency pursuant to section 1(a) of Article II of the Agreement for the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the ‘Section 177 Agreement’) shall be only for services to the people of the Atolls of Bikini, Enewetak, Rongelap, and Utrik who were affected by the consequences of the United States nuclear testing program, pursuant to the program described in Public Law 95–134 and Public Law 96–205 and their descendants (and any other persons identified as having been so affected if such identification occurs in the manner described in such public laws). Nothing in this subsection shall be construed as prejudicial to the views or policies of the Government of the Marshall Islands as to the persons affected by the consequences of the United States nuclear testing program.”;
(f)(2) section 103(j)(2) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(j)(2)) and section 103(h)(2) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(h)(2)) provided that “at the end of the first year after the effective date of the Compact and at the end of each year thereafter, the providing agency or agencies shall return to the Government of the Marshall Islands any unexpended funds to be returned to the Fund Manager (as described in Article I of the Section 177 Agreement) to be covered into the Fund to be available for future use.”; and
(f)(3) section 103(j)(3) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(j)(3)) and section 103(h)(3) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(h)(3)) provided that “the Fund Manager shall retain the funds returned by the Government of the Marshall Islands pursuant to paragraph (2) of this subsection, shall invest and manage such funds, and at the end of 15 years after the effective date of the Compact, shall make from the total amount so retained and the proceeds thereof annual disbursements sufficient to continue to make payments for the provision of health services as specified in paragraph (1) of this subsection to such extent as may be provided in contracts between the Government of the Marshall Islands and appropriate United States providers of such health services.”.
(g) Notwithstanding any other provision of law, on the request of the Government of the Republic of the Marshall Islands, the President (through an appropriate department or agency of the United States) shall continue to provide special medical care and logistical support for the remaining members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermonuclear “Bravo” test, pursuant to Public Law 95–134 (91 Stat. 1159) and Public Law 96–205 (94 Stat. 84).
(h)(1) Congress reaffirms that—
(h)(1)(A) Time period.President.Contracts.section 103(h)(2) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(A) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(A)) provided that notwithstanding “any other provision of law, upon the request of the Government of the Marshall Islands, for the first fifteen years after the effective date of the Compact, the President (either through an appropriate department or agency of the United States or by contract with a United States firm or by a grant to the Government of the Republic of the Marshall Islands which may further contract only with a United States firm or a Republic of the Marshall Islands firm, the owners, officers and majority of the employees of which are citizens of the United States or the Republic of the Marshall Islands) shall provide technical and other assistance without reimbursement, to continue the planting and agricultural maintenance program on Enewetak; without reimbursement, to continue the food programs of the Bikini, Rongelap, Utrik, and Enewetak people described in section 1(d) of Article II of the Subsidiary Agreement for the Implementation of Section 177 of the Compact and for continued waterborne transportation of agricultural products to Enewetak including operations and maintenance of the vessel used for such purposes.”;
(h)(1)(B) section 103(h)(2) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(B)) provided that “The President shall ensure the assistance provided under these programs reflects the changes in the population since the inception of such programs.”; and
(h)(1)(C) section 103(h)(3) of the Compact of Free Association Act of 1985 (48 U.S.C. 1903(h)(3)) and section 103(f)(3) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(3)) provided that “payments under this subsection shall be provided to such extent or in such amounts as are necessary for services and other assistance provided pursuant to this subsection. It is the sense of Congress that after the periods of time specified in paragraphs (1) and (2) of this subsection, consideration will be given to such additional funding for these programs as may be necessary.”.
(h)(2) The Secretary of the Interior may provide grants to the Government of the Republic of the Marshall Islands to carry out a planting and agricultural maintenance program on Bikini, Enewetak, Rongelap, and Utrik.
(h)(3) The Secretary of Agriculture may provide, without reimbursement, food programs to the people of the Republic of the Marshall Islands.
SEC. 207. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC OF PALAU.
(a) United States participation in the annual economic consultations referred to in Article 8 of the 2023 U.S.-Palau Compact Review Agreement shall be by officers or employees of the Federal Government.
(b)(1) A member of the Economic Advisory Group described in Article 7 of the 2023 U.S.-Palau Compact Review Agreement (referred to in this subsection as the “Advisory Group”) who is appointed by the Secretary of the Interior shall be an individual who, by reason of knowledge, experience, or training, is especially qualified in private sector business development, economic development, or national development.
(b)(2) With respect to the Advisory Group, the Secretary of the Interior may use available funds for—
(b)(2)(A) the costs of the 2 members of the Advisory Group designated by the United States in accordance with Article 7 of the 2023 U.S.-Palau Compact Review Agreement;
(b)(2)(B) 50 percent of the costs of the 5th member of the Advisory Group designated by the Secretary of the Interior in accordance with the Article described in subparagraph (A); and
(b)(2)(C) the costs of—
(b)(2)(C)(i) technical and administrative assistance for the Advisory Group; and
(b)(2)(C)(ii) other support necessary for the Advisory Group to accomplish the purpose of the Advisory Group.
(b)(3) Not later than 90 days after the date on which the Advisory Group receives or completes any report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(c)(1) Not later than 90 days after the date on which the Government of the Republic of Palau completes any report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(c)(2) Not later than 90 days after the date on which the Government of the Republic of Palau submits a report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(c)(2)(A) Attestation.if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(c)(2)(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
SEC. 208. OVERSIGHT PROVISIONS.
(a)(1) The Comptroller General of the United States (including any duly authorized representative of the Comptroller General of the United States) shall have the authorities necessary to carry out the responsibilities of the Comptroller General of the United States under—
(a)(1)(A) the 2023 Amended U.S.-FSM Compact and related subsidiary agreements, including the authorities and privileges described in section 102(b) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921a(b));
(a)(1)(B) the 2023 Amended U.S.-RMI Compact and related subsidiary agreements, including the authorities and privileges described in section 103(k) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(k)); and
(a)(1)(C) the 2023 U.S.-Palau Compact Review Agreement, related subsidiary agreements, and the authorities described in appendix D of the “Agreement between the Government of the United States of America and the Government of the Republic of Palau Following the Compact of Free Association Section 432 Review” signed by the United States and the Republic of Palau on September 3, 2010.
(a)(2) Not later than 18 months after the date of the enactment of this Act, and every 4 years thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report with respect to the Freely Associated States, including addressing—
(a)(2)(A) the topics described in subparagraphs (A) through (E) of section 104(h)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c(h)(1)), except that for purposes of a report submitted under this paragraph, the report shall address those topics with respect to each of the Freely Associated States; and
(a)(2)(B) the effectiveness of administrative oversight by the United States of the Freely Associated States.
(b) The Secretary of the Interior shall have the authority necessary to fulfill the responsibilities for monitoring and managing the funds appropriated to the Compact of Free Association account of the Department of the Interior by section 211(a) to carry out—
(b)(1) the 2023 Amended U.S.-FSM Compact;
(b)(2) the 2023 Amended U.S.-RMI Compact;
(b)(3) the 2023 U.S.-Palau Compact Review Agreement; and
(b)(4) subsidiary agreements.
(c) The Postmaster General shall have the authority necessary to fulfill the responsibilities for monitoring and managing the funds appropriated to the United States Postal Service under paragraph (1) of section 211(b) and deposited in the Postal Service Fund under paragraph (2)(A) of that section to carry out—
(c)(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(c)(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(c)(3) section 221(a)(2) of the U.S.-Palau Compact; and
(c)(4) Article 6(a) of the 2023 U.S.-Palau Compact Review Agreement.
(d)(1) The President, in consultation with the Secretary of State, the Secretary of the Interior, and the Secretary of Defense, shall establish an Interagency Group on Freely Associated States (referred to in this subsection as the “Interagency Group”).
(d)(2) The purposes of the Interagency Group are—
(d)(2)(A) to coordinate development and implementation of executive branch policies, programs, services, and other activities in or relating to the Freely Associated States; and
(d)(2)(B) to provide policy guidance, recommendations, and oversight to Federal agencies, departments, and instrumentalities with respect to the implementation of—
(d)(2)(B)(i) the 2023 Amended U.S.-FSM Compact;
(d)(2)(B)(ii) the 2023 Amended U.S.-RMI Compact; and
(d)(2)(B)(iii) the 2023 U.S.-Palau Compact Review Agreement.
(d)(3) The Interagency Group shall consist of—
(d)(3)(A) the Secretary of State, who shall serve as co-chair of the Interagency Group;
(d)(3)(B) the Secretary of the Interior, who shall serve as co-chair of the Interagency Group;
(d)(3)(C) the Secretary of Defense;
(d)(3)(D) the Secretary of the Treasury;
(d)(3)(E) the heads of relevant Federal agencies, departments, and instrumentalities carrying out obligations under—
(d)(3)(E)(i) sections 131 and 132 of the 2003 Amended U.S.-FSM Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.-FSM Compact;
(d)(3)(E)(ii) sections 131 and 132 of the 2003 Amended U.S.-RMI Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.-RMI Compact;
(d)(3)(E)(iii) sections 131 and 132 and subsections (a) and (b) of section 221 of the U.S.-Palau Compact;
(d)(3)(E)(iv) Article 6 of the 2023 U.S.-Palau Compact Review Agreement;
(d)(3)(E)(v) any applicable subsidiary agreement; and
(d)(3)(E)(vi) section 209; and
(d)(3)(F) the head of any other Federal agency, department, or instrumentality that the Secretary of State or the Secretary of the Interior may designate.
(d)(4) The Secretary of State (or a senior official designee of the Secretary of State) and the Secretary of the Interior (or a senior official designee of the Secretary of the Interior) shall—
(d)(4)(A) co-lead and preside at a meeting of the Interagency Group not less frequently than annually;
(d)(4)(B) determine, in consultation with the Secretary of Defense, the agenda for meetings of the Interagency Group; and
(d)(4)(C) facilitate and coordinate the work of the Interagency Group.
(d)(5) The Interagency Group shall—
(d)(5)(A) provide advice on the establishment or implementation of policies relating to the Freely Associated States to the President, acting through the Office of Intergovernmental Affairs, in the form of a written report not less frequently than annually;
(d)(5)(B) obtain information and advice relating to the Freely Associated States from the Presidents, other elected officials, and members of civil society of the Freely Associated States, including through the members of the Interagency Group (including senior official designees of the members) meeting not less frequently than annually with any Presidents of the Freely Associated States who elect to participate;
(d)(5)(C) at the request of the head of any Federal agency (or a senior official designee of the head of a Federal agency) who is a member of the Interagency Group, promptly review and provide advice on a policy or policy implementation action affecting 1 or more of the Freely Associated States proposed by the Federal agency, department, or instrumentality; and
(d)(5)(D) facilitate coordination of relevant policies, programs, initiatives, and activities involving 1 or more of the Freely Associated States, including ensuring coherence and avoiding duplication between programs, initiatives, and activities conducted pursuant to a Compact with a Freely Associated State and non-Compact programs, initiatives, and activities.
(d)(6) Not later than 1 year after the date of the enactment of this Act and each year thereafter in which a Compact of Free Association with a Freely Associated State is in effect, the President shall submit to the majority leader and minority leader of the Senate, the Speaker and minority leader of the House of Representatives, and the appropriate committees of Congress a report that describes the activities and recommendations of the Interagency Group during the applicable year.
(e) The head of any Federal agency providing programs and services to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau shall coordinate with the Secretary of the Interior and the Secretary of State regarding the provision of the programs and services.
(f) Congress reaffirms that—
(f)(1) the foreign loans or debt of the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, or the Government of the Republic of Palau shall not constitute an obligation of the United States; and
(f)(2) the full faith and credit of the United States Government shall not be pledged for the payment and performance of any foreign loan or debt referred to in paragraph (1) without specific further authorization.
(g) Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall submit a report to the appropriate committees of Congress that includes a compilation of the Compact of Free Association with the Federated State of Micronesia, the Compact of Free Association with the Republic of Palau, and the Compact of Free Association with Republic of the Marshall Islands.
(h)(1) In publishing this title in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of—
(h)(1)(A) the 2023 Agreement to Amend the U.S.-FSM Compact; and
(h)(1)(B) the 2023 Agreement to Amend the U.S.-RMI Compact.
(h)(2) The Office of the Law Revision Counsel is directed to revise—
(h)(2)(A) the 2003 Amended U.S.-FSM Compact set forth in the note following section 1921 of title 48, United States Code, to reflect the amendments to the 2003 AmendedU.S.-FSM Compact made by the 2023 Agreement to Amend the U.S.-FSM Compact; and
(h)(2)(B) the 2003 Amended U.S.-RMI Compact set forth in the note following section 1921 of title 48, United States Code, to reflect the amendments to the 2003 Amended U.S.-RMI Compact made by the 2023 Agreement to Amend the U.S.-RMI Compact.
SEC. 209. UNITED STATES POLICY REGARDING THE FREELY ASSOCIATED STATES.
(a)(1) In this subsection, the term “Freely Associated States” means—
(a)(1)(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note);
(a)(1)(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and
(a)(1)(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled “Joint Resolution to approve the ‘Compact of Free Association’ between the United States and the Government of Palau, and for other purposes” (Public Law 99–658; 48 U.S.C. 1931 note).
(a)(2) Section 1724 of title 38, United States Code, is amended—
(a)(2)(A) in subsection (a), by striking “subsections (b) and (c)” and inserting “subsections (b), (c), and (f)”; and
(a)(2)(B) by adding at the end the following:
(a)(2)(B)“(f)(1)(A) Contracts.The Secretary may furnish hospital care and medical services in the Freely Associated States, subject to agreements the Secretary shall enter into with the governments of the Freely Associated States as described in section 209(a)(4)(A) of the Compact of Free Association Amendments Act of 2024, and subject to subparagraph (B), to a veteran who is otherwise eligible to receive hospital care and medical services.
(a)(2)(B)“(f)(1)“(B) The agreements described in subparagraph (A) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary in the Freely Associated States.
(a)(2)(B)“(f)“(2) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services through—
(a)(2)(B)“(f)“(2)“(A) contracts or other agreements;
(a)(2)(B)“(f)“(2)“(B) Reimbursement.reimbursement; or
(a)(2)(B)“(f)“(2)“(C) the direct provision of care by health care personnel of the Department.
(a)(2)(B)“(f)“(3) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services for any condition regardless of whether the condition is connected to the service of the veteran in the Armed Forces.
(a)(2)(B)“(f)“(4)(A) A veteran who has received hospital care or medical services in a country pursuant to this subsection shall remain eligible, to the extent determined advisable and practicable by the Secretary, for hospital care or medical services in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection.
(a)(2)(B)“(f)“(4)“(B) If the Secretary determines it is no longer advisable or practicable to allow veterans described in subparagraph (A) to remain eligible for hospital care or medical services pursuant to such subparagraph, the Secretary shall—
(a)(2)(B)“(f)“(4)“(B)“(i) Notice.provide direct notice of that determination to such veterans; and
(a)(2)(B)“(f)“(4)“(B)“(ii) publish that determination and the reasons for that determination in the Federal Register.
(a)(2)(B)“(f)“(5) In this subsection, the term ‘Freely Associated States’ means—
(a)(2)(B)“(f)“(5)“(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note);
(a)(2)(B)“(f)“(5)“(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and
(a)(2)(B)“(f)“(5)“(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled ‘Joint Resolution to approve the “Compact of Free Association” between the United States and the Government of Palau, and for other purposes’ (Public Law 99–658; 48 U.S.C. 1931 note).”
(a)(2)(B) .
(a)(3) Section 111 of title 38, United States Code, is amended by adding at the end the following:
(a)(3)“(h)(1) Payments.Notwithstanding any other provision of law, the Secretary may make payments to or for any person traveling in, to, or from the Freely Associated States for receipt of care or services authorized to be legally provided by the Secretary in the Freely Associated States under section 1724(f)(1) of this title.
(a)(3)“(h)“(2) A person who has received payment for travel in a country pursuant to this subsection shall remain eligible for payment for such travel in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection.
(a)(3)“(h)“(3) The Secretary shall prescribe regulations to carry out this subsection.
(a)(3)“(h)“(4) In this subsection, the term ‘Freely Associated States’ means—
(a)(3)“(h)“(4)“(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note);
(a)(3)“(h)“(4)“(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and
(a)(3)“(h)“(4)“(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled ‘Joint Resolution to approve the “Compact of Free Association” between the United States and the Government of Palau, and for other purposes’ (Public Law 99–658; 48 U.S.C. 1931 note).”
(a)(3) .
(a)(4)(A)(i) Before delivering hospital care or medical services under subsection (f) of section 1724 of title 38, United States Code, as added by paragraph (2)(B), the Secretary of Veterans Affairs, in consultation with the Secretary of State, shall enter into agreements with the governments of the Freely Associated States to—
(a)(4)(A)(i)(I) facilitate the furnishing of health services, including telehealth, under the laws administered by the Secretary of Veterans Affairs to veterans in the Freely Associated States, such as by addressing—
(a)(4)(A)(i)(I)(aa) licensure, certification, registration, and tort issues relating to health care personnel;
(a)(4)(A)(i)(I)(bb) the scope of health services the Secretary may furnish, as well as the means for furnishing such services; and
(a)(4)(A)(i)(I)(cc) matters relating to delivery of pharmaceutical products and medical surgical products, including delivery of such products through the Consolidated Mail Outpatient Pharmacy of the Department of Veterans Affairs, to the Freely Associated States;
(a)(4)(A)(i)(II) clarify the authority of the Secretary of Veterans Affairs to pay for tort claims as set forth under subparagraph (C); and
(a)(4)(A)(i)(III) clarify authority and responsibility on any other matters determined relevant by the Secretary of Veterans Affairs or the governments of the Freely Associated States.
(a)(4)(A)(ii) The agreements described in clause (i) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary of Veterans Affairs in the Freely Associated States.
(a)(4)(A)(iii)(I) Not later than 90 days after entering into an agreement described in clause (i), the Secretary of Veterans Affairs shall submit the agreement to the appropriate committees of Congress.
(a)(4)(A)(iii)(II) In this clause, the term “appropriate committees of Congress” means—
(a)(4)(A)(iii)(II)(aa) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Committee on Veterans’ Affairs of the Senate; and
(a)(4)(A)(iii)(II)(bb) the Committee on Natural Resources, the Committee on Foreign Affairs, and the Committee on Veterans’ Affairs of the House of Representatives.
(a)(4)(B) Section 1730C(a) of title 38, United States Code, is amended by striking “any State” and inserting “any State or any of the Freely Associated States (as defined in section 1724(f) of this title)”.
(a)(4)(C) The Secretary of Veterans Affairs may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in the Freely Associated States in connection with furnishing hospital care or medical services or providing medical consultation or medical advice to a veteran under the laws administered by the Secretary, including through a remote or telehealth program.
(a)(5) During the 1-year period beginning on the date of enactment of this Act, the Secretary of Veterans Affairs shall, subject to the availability of appropriations—
(a)(5)(A) conduct robust outreach to, and engage with, each government of the Freely Associated States;
(a)(5)(B) assess options for the delivery of care through the use of authorities provided pursuant to the amendments made by this subsection; and
(a)(5)(C) increase staffing as necessary to conduct outreach under subparagraph (A).
(b)(1) For fiscal year 2024 and each fiscal year thereafter, the Government of the United States shall—
(b)(1)(A) continue to make available to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, grants for services to individuals eligible for such services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) to the extent that those services continue to be available to individuals in the United States;
(b)(1)(B) continue to make available to the Federated States of Micronesia and the Republic of the Marshall Islands and make available to the Republic of Palau, competitive grants under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and part D of the Individuals with Disabilities Education Act (20 U.S.C. 1450 et seq.), to the extent that those grants continue to be available to State and local governments in the United States;
(b)(1)(C) continue to make grants available to the Republic of Palau under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);
(b)(1)(D) continue to make available to eligible institutions of higher education in the Republic of Palau and make available to eligible institutions of higher education in the Federated States of Micronesia and the Republic of the Marshall Islands and to students enrolled in those institutions of higher education, and to students who are citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and enrolled in institutions of higher education in the United States and territories of the United States, grants under—
(b)(1)(D)(i) subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.);
(b)(1)(D)(ii) subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.); and
(b)(1)(D)(iii) part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.);
(b)(1)(E) Requirement.require, as a condition of eligibility for a public institution of higher education in any State (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) that is not a Freely Associated State to participate in or receive funds under any program under title IV of such Act (20 U.S.C. 1070 et seq.), that the institution charge students who are citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau tuition for attendance at a rate that is not greater than the rate charged for residents of the State in which such public institution of higher education is located; and
(b)(1)(F) continue to make available, to eligible institutions of higher education, secondary schools, and nonprofit organizations in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, competitive grants under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b)(2) Except as provided in paragraph (1), the Secretary of Education shall not make a grant under any formula grant program administered by the Department of Education to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.
(b)(3) Section 611(b)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(b)(1)) is amended by striking subparagraph (A) and inserting the following:
(b)(3)“(A) From the amount appropriated for any fiscal year under subsection (i), the Secretary shall reserve not more than 1 percent, which shall be used as follows:
(b)(3)“(A)“(i) To provide assistance to the outlying areas in accordance with their respective populations of individuals aged 3 through 21.
(b)(3)“(A)“(ii)(I) To provide each freely associated State a grant so that no freely associated State receives a lesser share of the total funds reserved for the freely associated State than the freely associated State received of those funds for fiscal year 2023.
(b)(3)“(A)“(ii)“(II) Each freely associated State shall establish its eligibility under this subparagraph consistent with the requirements for a State under section 612.
(b)(3)“(A)“(ii)“(III) The funds provided to each freely associated State under this part may be used to provide, to each infant or toddler with a disability (as defined in section 632), either a free appropriate public education, consistent with section 612, or early intervention services consistent with part C, notwithstanding the application and eligibility requirements of sections 634(2), 635, and 637.”
(b)(3) .
(b)(4) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—
(b)(4)(A) by striking subparagraph (A) of section 1121(b)(1) (20 U.S.C. 6331(b)(1)) and inserting the following:
(b)(4)(A)“(A) first reserve $1,000,000 for the Republic of Palau, subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and”
(b)(4)(A) ; and
(b)(4)(B) in section 8101 (20 U.S.C. 7801), by amending paragraph (36) to read as follows:
(b)(4)(B)“(36) The term ‘outlying area’—
(b)(4)(B)“(36)“(A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and
(b)(4)(B)“(36)“(B) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, to the extent that any such grant program continues to be available to State and local governments in the United States.”
(b)(4)(B) .
(b)(5) Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended by striking clause (ix).
(b)(6)(A) Section 637 of the Head Start Act (42 U.S.C. 9832) is amended, in the paragraph defining the term “State”, by striking the second sentence and inserting “The term ‘State’ includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.”.
(b)(6)(B) Section 640(a)(2)(B) of the Head Start Act (42 U.S.C. 9835(a)(2)(B)) is amended—
(b)(6)(B)(i) in clause (iv), by inserting “the Republic of Palau,” before “and the Virgin Islands”; and
(b)(6)(B)(ii) by amending clause (v) to read as follows:
(b)(6)(B)(ii)“(v) if a base grant has been established through appropriations for the Federated States of Micronesia or the Republic of the Marshall Islands, to provide an amount for that jurisdiction (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) that is equal to the amount provided for base grants for such jurisdiction under this subchapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency’s base grant for the prior fiscal year; and”
(b)(6)(B)(ii) .
(b)(7) The Secretary of the Interior, in coordination with the Secretary of Education and the Secretary of Health and Human Services, as applicable, shall, to the maximum extent practicable, coordinate with the 3 United States appointees to the Joint Economic Management Committee described in section 205(b)(1) and the 2 United States appointees to the Joint Economic Management and Financial Accountability Committee described in section 206(d)(1) to avoid duplication of economic assistance for education provided under section 261(a)(1) of the 2023 Amended U.S.-FSM Compact or section 261(a)(1) of the 2023 Amended U.S.-RMI Compact of activities or services provided under—
(b)(7)(A) the Head Start Act (42 U.S.C. 9831 et seq.);
(b)(7)(B) subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.); or
(b)(7)(C) part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.).
(c)(1) The Secretary of Defense shall make available, on a space available and reimbursable basis, the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, who are properly referred to the facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the affected jurisdictions (as defined in section 104(e)(2) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c(e)(2))).
(c)(2) It is the sense of Congress that the Department of Defense may extend the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program and the ASVAB Career Exploration Program to selected secondary schools in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the extent such programs are available to Department of Defense dependent secondary schools established under section 2164 of title 10, United States Code, and located outside the United States.
(d) In addition to amounts provided under section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI Compact and under subsections (a) and (b) of Article 1 of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal years 2024 through 2043, the Secretary of the Interior shall use the amounts made available to the Secretary of the Interior under section 211(c) to train judges and officials of the judiciary in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, in cooperation with the Pacific Islands Committee of the judicial council of the ninth judicial circuit of the United States.
(e)(1) The Secretary of Health and Human Services shall make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the same extent, and for the same duration, as services are authorized to be provided to persons residing in any other areas within or outside the United States.
(e)(2) The Republic of Palau shall be eligible for the programs and services made available to the Federated States of Micronesia and the Republic of the Marshall Islands under section 108(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921g(a)).
(e)(3) In addition to the programs and services set forth in the operative Federal Programs and Services Agreement between the United States and the Republic of Palau, the programs and services of the following agencies shall be made available to the Republic of Palau:
(e)(3)(A) The Legal Services Corporation.
(e)(3)(B) The Public Health Service.
(e)(3)(C) The Rural Housing Service.
(f)(1) Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612) is amended—
(f)(1)(A) in subsection (a)(2), by adding at the end the following:
(f)(1)(A)“(N) With respect to eligibility for benefits for any specified Federal program, paragraph (1) shall not apply to any individual who lawfully resides in the United States in accordance with section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.”
(f)(1)(A) ; and
(f)(1)(B) in subsection (b)(2)(G)—
(f)(1)(B)(i) in the subparagraph heading, by striking “medicaid exception for” and inserting “exception for”; and
(f)(1)(B)(ii) by striking “the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program)” and inserting “any designated Federal program”.
(f)(2) Section 403(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)(3)) is amended by striking “, but only with respect to the designated Federal program defined in section 402(b)(3)(C)”.
(f)(3) Section 431(b)(8) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) is amended by striking “, but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program)”.
(g) The Secretary of the Treasury, in coordination with the Secretary of the Interior and the Secretary of State, shall consult with appropriate officials of the Asian Development Bank and relevant international financial institutions (as defined in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c))), as appropriate, with respect to overall economic conditions in, and the activities of other providers of assistance to, the Freely Associated States.
(h) Section 105(b) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(b)) is amended by striking paragraph (5) and inserting the following:
(h)“(5) Pursuant to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), all United States Government executive branch employees in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau fall under the authority of the respective applicable chief of mission, except for employees identified as excepted from the authority under Federal law or by Presidential directive.”
(h) .
(i)(1) In this subsection, the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(i)(2) The Secretary of State shall—
(i)(2)(A) assign additional full-time equivalent personnel to the Office of Australia, New Zealand, and Pacific Island Affairs of the Bureau of East Asian and Pacific Affairs of the Department of State, including to the unit established under subparagraph (B), as the Secretary of State determines to be appropriate, in accordance with paragraph (4)(A); and
(i)(2)(B) establish a unit in the Bureau of East Asian and Pacific Affairs of the Department of State to carry out the functions described in paragraph (3).
(i)(3) The unit established under paragraph (2)(B) shall be responsible for the following:
(i)(3)(A) Managing the bilateral and regional relations with the Freely Associated States.
(i)(3)(B) Supporting the Secretary of State in leading negotiations relating to the Compacts of Free Association with the Freely Associated States.
(i)(3)(C) Coordinating, in consultation with the Department of the Interior, the Department of Defense, and other interagency partners as appropriate, implementation of the Compacts of Free Association with the Freely Associated States.
(i)(4) The Secretary of State shall—
(i)(4)(A) Deadline.not later than 5 years after the date of enactment of this Act, assign to the Office of Australia, New Zealand, and Pacific Island Affairs of the Bureau of East Asian and Pacific Affairs, including to the unit established under paragraph (2)(B), not less than 4 additional full-time equivalent staff, who shall not be dual-hatted, including by considering—
(i)(4)(A) 138 STAT. 447
(i)(4)(A)(i) the use of existing flexible hiring authorities, including Domestic Employees Teleworking Overseas (DETOs); and
(i)(4)(A)(ii) the realignment of existing personnel, including from the United States Mission in Australia, as appropriate;
(i)(4)(B) reduce the number of vacant foreign service positions in the Pacific Island region by establishing an incentive program within the Foreign Service for overseas positions related to the Pacific Island region; and
(i)(4)(C) Reports.Time period.report to the appropriate congressional committees on progress toward objectives outlined in this subsection beginning 1 year from the date of the enactment of this Act and annually thereafter for 5 years.
(j) Section 105 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d) is amended by striking subsection (j) and inserting the following:
(j)“(j)“(1) Technical assistance may be provided pursuant to section 224 of the 2023 Amended U.S.-FSM Compact, section 224 of the 2023 Amended U.S.-RMI Compact, or section 222 of the U.S.-Palau Compact (as those terms are defined in section 203 of the Compact of Free Association Amendments Act of 2024) by Federal agencies and institutions of the Government of the United States to the extent the assistance shall be provided to States, territories, or units of local government.
(j)“(j)“(2)“(A) Any technical assistance authorized under paragraph (1) that is provided by the Forest Service, the Natural Resources Conservation Service, the United States Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, the Advisory Council on Historic Preservation, the Department of the Interior, or any other Federal agency providing assistance under division A of subtitle III of title 54, United States Code, may be provided on a nonreimbursable basis.
(j)“(j)“(2)“(B) During the period in which the 2023 Amended U.S.-FSM Compact (as so defined) and the 2023 Amended U.S.-RMI Compact (as so defined) are in force, the grant programs under division A of subtitle III of title 54, United States Code, shall continue to apply to the Federated States of Micronesia and the Republic of the Marshall Islands in the same manner and to the same extent as those programs applied prior to the approval of the U.S.-FSM Compact and U.S.-RMI Compact.
(j)“(j)“(3) Any funds provided pursuant to this subsection, subsections (c), (g), (h), (i), (k), (l), and (m), section 102(a), and subsections (a), (b), (f), (g), (h), and (j) of section 103 shall be in addition to, and not charged against, any amounts to be paid to the Federated States of Micronesia or the Republic of the Marshall Islands pursuant to—
(j)“(j)“(3)“(A) the U.S.-FSM Compact;
(j)“(j)“(3)“(B) the U.S.-RMI Compact; or
(j)“(j)“(3)“(C) any related subsidiary agreement.”
(j) .
(k) The authorization provided by the Act of June 30, 1954 (68 Stat. 330, chapter 423), shall remain available after the effective date of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI Compact with respect to the Federated States of Micronesia and the Republic of the Marshall Islands for transition purposes, including—
(k)(1) completion of projects and fulfillment of commitments or obligations;
(k)(2) termination of the Trust Territory Government and termination of the High Court;
(k)(3) health and education as a result of exceptional circumstances;
(k)(4) ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and
(k)(5) technical assistance and training in financial management, program administration, and maintenance of infrastructure.
(l)(1) Section 2(f) of the Public Health Service Act (42 U.S.C. 201(f)) is amended by striking “and the Trust Territory of the Pacific Islands” and inserting “the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau”.
(l)(2) Section 104(e) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c(e)) is amended—
(l)(2)(A) Time periods.in paragraph (4)—
(l)(2)(A)(i) in subparagraph (A), by striking “beginning in fiscal year 2003” and inserting “during the period of fiscal years 2003 through 2023”; and
(l)(2)(A)(ii) in subparagraph (C), by striking “after fiscal year 2003” and inserting “for the period of fiscal years 2004 through 2023”;
(l)(2)(B) by striking paragraph (5); and
(l)(2)(C) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.
SEC. 210. ADDITIONAL AUTHORITIES.
(a)(1) Appropriations to carry out the obligations, services, and programs described in paragraph (2) shall be made directly to the Federal agencies, departments, and instrumentalities carrying out the obligations, services and programs.
(a)(2) The obligations, services, and programs referred to in paragraphs (1) and (3) are the obligations, services, and programs under—
(a)(2)(A) sections 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-FSM Compact;
(a)(2)(B) sections 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-RMI Compact;
(a)(2)(C) sections 131 and 132 and paragraphs (1), (3), and (4) of section 221(a) of the U.S.-Palau Compact;
(a)(2)(D) Article 6 of the 2023 U.S.-Palau Compact Review Agreement; and
(a)(2)(E) section 209.
(a)(3) The heads of the Federal agencies, departments, and instrumentalities to which appropriations are made available under paragraph (1) as well as the Federal Deposit Insurance Corporation shall—
(a)(3)(A) have the authority to carry out any activities that are necessary to fulfill the obligations, services, and programs described in paragraph (2); and
(a)(3)(B) use available funds to carry out the activities under subparagraph (A).
(b) Any assistance provided pursuant to section 105(j) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(j)) (as amended by section 209(j)) and sections 205(a), 206(a), 207(b), and 209 shall be in addition to and not charged against any amounts to be paid to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau pursuant to—
(b)(1) the 2023 Amended U.S.-FSM Compact;
(b)(2) the 2023 Amended U.S.-RMI Compact;
(b)(3) the 2023 U.S.-Palau Compact Review Agreement; or
(b)(4) any related subsidiary agreement.
(c) Notwithstanding any other provision of law, including section 109 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)—
(c)(1) remaining balances appropriated to carry out sections 211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact, shall be programmed pursuant to Article IX of the 2023 U.S.-FSM Fiscal Procedures Agreement; and
(c)(2) remaining balances appropriated to carry out sections 211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact, shall be programmed pursuant to Article XI of the 2023 U.S.-RMI Fiscal Procedures Agreement.
(d) Notwithstanding any other provision of law—
(d)(1) contributions under the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact may be provided as grants for purposes of implementation of the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact under the laws of the United States; and
(d)(2) funds appropriated pursuant to section 211 may be deposited in interest-bearing accounts and any interest earned may be retained in and form part of those accounts for use consistent with the purpose of the deposit.
(e) Except as specifically provided, nothing in this title or the amendments made by this title amends the following:
(e)(1) Title I of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 et seq.).
(e)(2) Title I of Public Law 99–658 (48 U.S.C. 1931 et seq.).
(e)(3) Title I of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et seq.).
(e)(4) Section 1259C of the National Defense Authorization Act for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115–91).
(e)(5) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 635).
(f) Notwithstanding section 109 of the Compacts of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)—
(f)(1) funds appropriated by that section and deposited into the RMI Compact Trust Fund shall be governed by the 2023 U.S.-RMI Trust Fund Agreement on entry into force of the 2023 U.S.-RMI Trust Fund Agreement;
(f)(2) funds appropriated by that section and deposited into the FSM Compact Trust Fund shall be governed by the 2023 U.S.-FSM Trust Fund Agreement on entry into force of the 2023 U.S.-FSM Trust Fund Agreement;
(f)(3) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 211(b) of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement;
(f)(4) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement, except as modified in the Federal Programs and Services Agreement in force between the United States and the Republic of the Marshall Islands; and
(f)(5) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-FSM Amended Compact shall be subject to the provisions of the 2023 U.S.-FSM Fiscal Procedures Agreement on entry into force of the 2023 U.S.-FSM Fiscal Procedures Agreement, except as modified in the 2023 U.S.-FSM Federal Programs and Services Agreement.
SEC. 211. COMPACT APPROPRIATIONS.
(a) For the period of fiscal years 2024 through 2043, there are appropriated to the Compact of Free Association account of the Department of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, the amounts described in and to carry out the purposes of—
(a)(1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM Compact;
(a)(2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI Compact; and
(a)(3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact Review Agreement.
(b)(1) There is appropriated to the United States Postal Service, out of any funds in the Treasury not otherwise appropriated for each of fiscal years 2024 through 2043, $31,700,000, to remain available until expended, to carry out the costs of the following provisions that are not otherwise funded:
(b)(1)(A) Section 221(a)(2) of the 2023 Amended U.S.-FSM Compact.
(b)(1)(B) Section 221(a)(2) of the 2023 Amended U.S.-RMI Compact.
(b)(1)(C) Section 221(a)(2) of the U.S.-Palau Compact.
(b)(1)(D) Article 6(a) of the 2023 U.S.-Palau Compact Review Agreement.
(b)(2)(A) The amounts appropriated to the United States Postal Service under paragraph (1) shall be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code, to carry out the provisions described in that paragraph.
(b)(2)(B) Any amounts deposited into the Postal Service Fund under subparagraph (A) shall be the fiduciary, fiscal, and audit responsibility of the Postal Service.
(c) There is appropriated to the Secretary of the Interior to carry out section 209(d) out of any funds in the Treasury not otherwise appropriated, $550,000 for each of fiscal years 2024 through 2043, to remain available until expended.
(d) The total amounts made available to the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands under subsection (a) shall be reduced by amounts made available to the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands, as applicable, under section 2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions Act (Public Law 118–15; 137 Stat. 81) (as amended by section 101 of division B of the Further Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–22; 137 Stat. 114) and section 201 of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35; 138 Stat. 7)).
SEC. 301. EXTENSION OF UNDETECTABLE FIREARMS ACT OF 1988.
Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note; Public Law 100–649) is amended by striking “35 years after the effective date of this Act” and inserting “on March 8, 2031”.
SEC. 302. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) This section may be cited as the “United States Parole Commission Additional Extension Act of 2024”.
(b) For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to “36 years and 129 days” or “36-year and 129-day period” shall be deemed a reference to “36 years and 335 days” or “36-year and 335-day period”, respectively.
SEC. 303. EXTENSION OF CERTAIN DIRECT SPENDING REDUCTIONS.
Section 251A(6)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)(D)) is amended—
(1) in clause (i), by striking “7” and inserting “8”; and
(2) in clause (ii), by striking “5” and inserting “4”.
SEC. 401. BUDGETARY EFFECTS.
(a) The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) 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) Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated—
(c)(1) for purposes of section 251 of such Act;
(c)(2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and
(c)(3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
Legislative History
LEGISLATIVE HISTORY—H.R. 4366 (S. 2127):
CONGRESSIONAL RECORD:
July 26, 27, considered and passed House.
Sept. 14, 18–20, Oct. 25, 26, 31, Nov. 1, considered and passed Senate, amended.
Mar. 6, House concurred in Senate amendment with an amendment pursuant to H. Res. 1061. Senate considered concurring in House amendment.
Mar. 8. Senate concurred in House amendment.